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Ordinance No. 878ORDINANCE NO. 878 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AMENDING SECTIONS 9.1, "PERMITTED AND CONDITIONAL USES," AND 9.3, "PERFORMANCE STANDARDS: RESIDENTIAL ZONES," OF APPENDIX I, "ZONING" OF THE CODE OF THE CITY OF CYPRESS TO PROVIDE FOR THE REGULATION OF RACING /HOMING PIGEONS, AND FOR OTHER PURPOSES AS DEFINED HEREIN THE CITY COUNCIL OF THE CITY OF CYPRESS DOES ORDAIN AS FOLLOWS: SECTION 1. Section 8, "Definitions," of Appendix I, "Zoning," of the Code of the City of Cypress is hereby amended by the addition of the terms "homing /racing pigeons" and "racing pigeons" to read as follows: " 'Homing Pigeon' shall mean a bird of the order Columbidae.It does not fall in the category of 'fowl' which includes chickens, turkeys, ducks, geese and other domesticated birds other than pigeons. The term 'homing pigeon' shall also include and mean 'racing pigeon.' 'Racing Pigeon' shall mean and include the 'homing pigeon' as defined herein." SECTION II. Section 9.1, "Permitted and Conditional Uses: Residential Zones," of Appendix I, "Zoning" of the Code of the City of Cypress is hereby amended by the addition of a new subsection B.10.a. Pertaining to Racing /Homing Pigeons to read as follows: "9.1. Permitted and Conditional Uses: Residential Zones. B. Agricultural and Related Uses: 10. Aviaries, either indoor or outdoor, containing more than 10 birds but not exceed- ing 30 birds, caged at all times. a. Racing /Homing pigeon coops subject to performance stand- ards set forth in Section 9.3 of this Code. RS- 15,000 RS -6,000 RM -15 RM -20 P C C C C C C C" SECTION III. Section 9.3, "Performance Standards: Residen- tial Zones," of Appendix I, "Zoning," of the Code of the City of Cypress is hereby amended by the addition of a new subdivision "H" to read as follows: "9.3. Performance Standards: Residential Zones. 099 H. The following standards shall apply for the keeping and /or raising of racing /homing pigeons: (1) A maximum number of one - hundred (100) racing /homing pigeons may be kept on a lot or parcel containing at least one dwelling unit. Any Conditional Use Permit may specifically be limited to less than one - hundred (100) pigeons depending on the lot size and /or the num- ber of dwelling units on a parcel and /or the nature of surrounding uses. (2) No more than forty (40) racing /homing pigeons may be released at any one time for exercise or training pur- poses. No more than two (2) such flights shall be permitted within a twenty -four (24) hour period. (3) Racing /homing pigeons shall only be released to fly be tween the hours of 7:00 a.m. and 7:00 p.m. Monday through Friday with no release for flight permitted on weekends. In the case of racing pigeons, the regula- tions pertaining to release and /or flight shall not be applicable when the racing pigeons have been released from a distant location, in which case, the racing pi- geons will be permitted to fly into the loft upon their return. (4) All racing /homing pigeons shall be kept and fed in an enclosed loft, pen, coop, pigeon house, or other similar structure, not to exceed eight feet (8') in height, and which is capable of confining the rac- ing /homing pigeons until the time of release. When ap- plicable, the structure shall be regulated by a build- ing permit. (5) Racing /homing pigeon lofts shall be located on the rear one -third (1/3) of the property at a distance no less than twenty feet (20') from all adjacent habitable dwellings. A fully dimensioned site plan shall be sub- mitted to the Planning Department as part of the ini- tial Conditional Use Permit application prior to City Council action on the application. This site plan shall illustrate the location of the loft, and any other use associated with the keeping of pigeons, in relation to side and rear property lines and all adja- cent dwellings. (6) All racing /homing pigeon lofts or structures where pigeons are housed shall be kept and maintained in a sanitary condition, all refuse and droppings removed from the premises at least once each calendar week, and all rules and regulations of the Health Department and /or Animal Control adopted by the City pertaining to sanitary conditions and maintenance of the premises shall be complied with by the applicant. Failure to comply with such standards and regulations shall be cause for revocation of any Conditional Use Permit granted. (7) No person in charge of keeping racing /homing pigeons shall allow such pigeons to land or perch on the build ings or property of others. Failure to comply with such standards and regulations shall be cause for revo- cation of any Conditional Use Permit granted. (8) The owner or person in charge of keeping the rac- ing /homing pigeons shall maintain his /her property and all structures, including roofs, driveways, and walk- ways, on the property in a clean manner, void of any visible pigeon droppings. Failure to comply with such standards and regulations shall be cause for revocation of any Conditional Use Permit granted. 100 (9) No racing /homing pigeon business or breeding activities for commercial purposes shall be conducted on or from the premises or property. Failure to comply with such standards and regulations shall be cause for revocation of any Conditional Use Permit granted. (10) The owner of said racing /homing pigeons shall be a member of the California State Racing Pigeon Associa- tion, the American Racing Pigeon Union, Inc., or other "- generally recognized pigeon racing organization with annual registration by licensee of the individual birds. Written proof of such registration shall be submitted with each application, and shall be provided annually thereafter to the City. (11) The City and its City Council retain the right and the jurisdiction to review this Conditional Use Permit in the event the use conducted herein is modified, changed in scope, or the owner or operator seeks to ex- pand, alter, or change the use. This reservation of the right of review of the CUP is in addition to, and not in lieu of, the right of the City Council to review and revoke the Conditional Use Permit or to modify the per- mit for any violations of the conditions imposed by this CUP, or when necessary to alienate conditions which are or may be detrimental to the public health, safety, welfare, or comfort. (12) In addition to the ability to suspend or revoke a CUP pursuant to Section 17.2 -12 of Appendiz I, "Zoning," of the Code of the City of Cypress, it shall be unlawful for any person to violate or to fail to comply with any of the provisions of this Chapter. Any person violat- ing or failing to comply with any of the provisions of this Chapter shall be subject to punishment in accor- dance with Section 1 -7 of the Code of the City of Cy- press." SECTION IV. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. SECTION V. The City Clerk is hereby authorized and directed to certify as the passage of this Ordinance and to give notice thereof by causing copies of this Ordinance to be posted in three public places throughout the City. FIRST READ at a regular meeting of the City Council of said City held on the 10th day of February , 1992 and finally adopted and order posted at a reg.:lar meeting held on the 24th day of February , 1992. ATTEST: a „.1,„,„/" MAYOR OF THE CITY OF CYPRESS 4 CITY C O E CI Y OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS I, DARRELL ESSEX, City Clerk of the City of Cypress, Cali- fornia DO HEREBY CERTIFY that the foregoing Ordinance was duly adopted at a regular meeting of the City Council of the City of Cypress, held on the 24th day of February , 1992, by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Age, Kerry, Nicholson and Partin NOES: 1 ABSTAINED: 0 ABSENT: 0 COUNCIL MEMBERS: Bowman COUNCIL MEMBERS: None COUNCIL MEMBERS: None CITY CLER 0 T CITY ,OF CYPRESS .6.