Ordinance No. 879.1.
ORDINANCE NO. 879
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CYPRESS AMENDING SECTION 16 et seq., "NON-
CONFORMING USES, STRUCTURES, SCREENING,
PERFORMANCE STANDARDS, AND SIGNS," OF APPENDIX
I, "ZONING," OF THE CODE OF THE CITY OF
CYPRESS.
THE CITY COUNCIL OF THE CITY OF CYPRESS DOES ORDAIN AS
FOLLOWS:
SECTION I. Section 16, "Non- Conforming Uses,
Structures, Screening, Performance Standards, and Signs," of
Appendix I, "Zoning," of the Code of the City of Cypress is hereby
amended to read as follows:
"SECTION 16. NON - CONFORMING USES,
STRUCTURES, SCREENING, PERFORMANCE
STANDARDS, AND SIGNS
Sections:
16.0 Purposes.
16.1 Definitions.
16.2 Exceptions to Non - Conforming Status.
16.3 Continuation and Maintenance.
16.4 Alterations and Additions to Non - Conforming
Uses, Structures, and Signs.
16.5 Discontinuation of Non - Conforming Use.
16.6 Restoration of Damaged Structure.
16.7 Exceptions to Provisions for Elimination of
Non - Conforming Uses and Structures.
16.8 Change to Another Non - Conforming Use.
16.9 Elimination of Non - Conforming Uses,
Structures; Screening and Performance
Standards; and Signs.
16.10 Notice.
16.11 Hearing Body Designated; Hearing.
16.12 Decision and Findings.
16.13 Right of Appeal.
16.14 Recordation of Order.
16.15 Time When Use, Structure, Screening,
Development Standards, or Sign Becomes Non -
Conforming.
16.16 Extension of Time.
16.17 Proof of Amortization.
16.18 Relocation
16.19 Revocation.
16.20 Public Nuisance.
16.21 Exceptions: Public Utility Facilities and Uses.
Section 16.0 Purposes.
This Section is intended to limit the number and extent of non-
conforming uses by prohibiting or limiting their enlargement, their
re- establishment after abandonment, and the alteration or
restoration after destruction of the structures they occupy. While
permitting the use and maintenance of existing non - conforming
structures and signs, this Section is intended to limit the number
and extent of non - conforming structures and certain non - conforming
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signs by prohibiting their being moved, altered, or enlarged in a
manner that would increase the discrepancy between existing
conditions and the standards prescribed in this Code and by
prohibiting their restoration after destruction. Eventually,
certain classes of non - conforming uses, non - conforming structures
of nominal value, and certain non - conforming signs are to be
eliminated or altered to conform and certain uses having non-
conforming screening or performance standards are to be altered to
conform.
Section 16.1 Definitions.
The following terms as used in this Section shall, unless the
context clearly indicates otherwise, have the following meanings:
'Non - conformities' means any non - conforming property,
structure, or use.
'Non - conforming property' means any subdivision of land
that was lawfully established and in compliance with all applicable
ordinances and laws at the time the property was subdivided, but
which, due to a subsequently enacted ordinance or law, no longer
complies with all the applicable regulations and standards of the
zone in which the property is located.
'Non - conforming structure' means any structure, building,
or improvement upon land, other than the land itself, including any
sign, that was lawfully established and in compliance with all
applicable ordinances and laws at the time the structure, building,
or improvement was established, but which, due to a subsequently
enacted ordinance or law, no longer complies with all of the
applicable regulations and standards of the zone in which the
structure, building, or improvement is located.
'Non - conforming use' means any use of land that was
lawfully established and in compliance with all applicable
ordinances and laws at the time the use was established, but which,
due to a subsequently enacted ordinance or law, no longer complies
with all of the applicable regulations and standards of the zone in
which the use is located.
Section 16.2 Exceptions to Non - conforming Status.
A. No existing use of land or structure shall be deemed non-
conforming solely because of the lack of off - street parking
required by this Code.
B. No residential dwelling shall be deemed non - conforming solely
because it does not meet required off - street parking or side yard
setbacks, provided it complies with the parking and /or side yard
setback requirements in effect at the time a building permit was
issued for its construction and shall be designated a 'Legal Non-
conforming Structure.'
C. An existing use shall be deemed a 'Legal Non - conforming Use'
if prior to its establishment the required permits were obtained,
(i.e., a building permit, Conditional Use Permit, etc.).
D. Structures and uses not having acquired the proper permits
shall be considered 'illegal' and shall be defined in Section 16
merely as 'Non - conforming' unless otherwise provided in this
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Section.
Section 16.3 Continuation and Maintenance.
A. A use lawfully occupying a structure or a site, that does not
conform with the use regulations or the site area development
standards for the zone in which the use is located shall be deemed
to be a non - conforming use and may be continued, except as
otherwise provided in this Section.
B. A structure, lawfully occupying a site, that does not conform
with the development standards for front yards, side yards, rear
yards, height, coverage, or distances between structures, for the
zone in which the structure is located, shall be deemed to be a
non - conforming use and may be continued, except as otherwise
provided in this Section.
C. A sign, outdoor advertising structure, or display of any
character, lawfully occupying a site, that does not conform with
the sign standards for subject matter, location, size, lighting, or
movement prescribed for the zone in which it is located shall be
deemed to be a non - conforming sign and may only be displayed and
maintained, except as otherwise provided in this Section.
D. Routine maintenance and repairs may be performed on a
structure or site when the use is non - conforming, on a non-
conforming structure, and on a non - conforming sign.
Section 16.4 Alterations and Additions to Non - conforming Uses,
Structures, and Signs.
A. A non - conforming sign or structure, which is non - conforming by
reason of its use, shall not be moved, altered, or enlarged unless
required by law, or the moving, alteration, or enlargement will
result in the elimination of the non - conformity, except as
otherwise provided in this Section.
B. A non - conforming use shall not be enlarged or extended in such
a way as to occupy any part of the structure or site or another
structure or site which it did not occupy at the time it became a
non - conforming use, or in such a way as to displace any conforming
use occupying a structure or site, except as otherwise provided in
this Section.
C. A non - conforming structure shall not be altered or
reconstructed so as to increase the discrepancy between existing
conditions and the development standards for front yards, side
yards, rear yards, height of structures, or usable open space
prescribed in the development standards for the zone in which the
structure is located. A non - conforming structure shall not be
moved or enlarged unless the new location or enlargement shall
conform to the development standards, or usable open space
prescribed in the development standards for the zone in which the
structure is located.
D. A use which fails to meet the performance standards of the
zone in which it is located shall not be enlarged or extended, or
shall not have equipment replaced that results in failure to meet
performance standards unless the enlargement, extension, or
replacement will result in elimination of non - conformity with
performance standards for that zone.
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Section 16.5 Discontinuation of Non - conforming Use.
Whenever a non - conforming use has been discontinued, or changed to
a conforming use for a continuous period of one - hundred - eighty
(180) days or more, the non - conforming use shall not be
reestablished, and the structure or site thereafter shall be in
conformity with the development standards for the zone in which it
is located. This Section, 16.5, shall not apply to non - conforming
dwelling units. Discontinuance of a use shall include cessation of
the existing non - conforming use, regardless of intent to resume
said non - conforming use.
Section 16.6 Restoration of Damaged Structure.
A. Whenever a structure which does not comply with the
development standards for front yards, side yards, rear yards,
height of structures, or distances between structures prescribed in
the development standards for the zone in which the structure is
located, or the use of which does not conform with the development
standards for the zone in which it is located, is destroyed by fire
or other calamity, by Act of God, or by the public enemy to the
extent of fifty percent (50 %) or more, or the structure is
voluntarily razed or is required by law to be razed, the structure
shall not be restored except in full conformity with the
development standards for the zone in which it is located and the
non - conforming use shall not thereafter be resumed.
B. The extent of damage or partial destruction shall be based
upon the ratio of fifty percent (50 %) of the estimated replacement
cost of restoring the structure to its condition prior to such
damage or partial destruction, or to fifty percent (50 %) of the
estimated cost of duplicating the entire structure as it existed
prior to said damage or partial destruction. Estimates for this
purpose shall be made by or shall be reviewed and approved by the
Building Official, and shall be based on the minimum cost of
construction in compliance with the City's Building Code as the
same exists on the date the estimates are submitted.
Section 16.7 Exceptions to Provisions for Elimination of Non-
conforming Uses and Structures.
The following uses, when non - conforming, need not be removed and
under certain conditions may be expanded; provided, that they shall
be subject to the provisions of Section 16.5, 'Discontinuation of
Non - conforming Use,' and Section 16.6, 'Restoration of a Damaged
Structure.'
A. In any zone, a residential use, provided that the number of
dwelling units shall not be increased. Permitted uses, (for
example, room additions, car ports, garages, etc), will be
considered by the Planning Department, subject to the limitation
that the same shall not increase the non - conformity of the
structure or use.
B. In a residential zone, a nonresidential use that is a
permitted use, or a conditional use in the OP- 10,000 or CN- 10,000
zone may be continued and a Conditional Use Permit may be granted
for expansion of the floor area or the site area occupied by the
use by not more than ten percent (10 %) in any five (5) year period.
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C. In a CG- 10,000 or CH- 10,000 zone, a use that is a permitted
use or a conditional use in any commercial or industrial zone may
be continued, and a Conditional Use Permit may be granted for
expansion of the floor area or the site area occupied by the use by
not more than ten percent (10 %) in any five (5) year period.
D. In an industrial zone, a use that is a permitted use or a
conditional use in any industrial zone may be continued, provided
that non - conformity with screening and performance standards
requirements shall be eliminated as prescribed in Section 16.9(C).
A Conditional Use Permit may be granted for expansion of the floor
area or the site area.
Section 16.8 Change to Another Non - conforming Use.
A Conditional Use Permit may be granted for conversion of a non-
conforming use to another non- conforming use; provided, that the
planning agency finds that:
(a) The proposed non - conforming use will not have a greater
adverse impact on the surrounding area than the existing
or former non - conforming use; and,
(b) The proposed non - conforming use shall be a use that would
be permitted to continue in the zone in which it would be
located as prescribed in Section 16.6, 'Exception to
Provisions for Elimination of Non - conforming Uses.'
Section 16.9 Elimination of Non - conforming Uses, Structures;
Screening and Performance Standards; and Signs.
Except as permitted in Section 16.7, 'Exceptions to Provisions for
Elimination of Non - conforming Uses,' and Section 16.8, 'Change to
Another Non - conforming Use,' non - conforming uses, structures, and
signs shall be discontinued and removed from their sites, altered
to conform, or altered as prescribed to decrease the degree of
nonconformity, within the specified time after they become non-
conforming as set forth below:
A. Uses
1. In any zone, removal of a non - conforming use that does not
occupy a structure or use occupying a structure having an assessed
valuation of less than $10,000 3 years
2. In a residential zone, a use that is not a permitted use
or a conditional use in an OP- 10,000 Zone:
Type IV & V bldgs.* (may be of any materials permitted by the
Uniform Building Code) 10 years
3. In an OP-10,000 or CN-10,000 Zone, a use that is not a
permitted use or a conditional use in a CG- 10,000 Zone:
Type II bldgs.* (fire- resistive buildings shall be of steel,
iron, concrete or masonry - structural elements of Type II
one -hour or II -N buildings shall be of noncombustible
materials 15 years.
*All reference to the building types shall be as defined in the
latest adopted edition of the Uniform Building Code.
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4. In a CG- 10,000 zone, a use that is not a permitted use or
a conditional use in any commercial or industrial zone:
Type I & II bldgs.* (fire resistive buildings shall be of
steel, iron, concrete, or masonry) 20 years.
5. In an RS- 15,000 Zone, a use which has been in continuous
operation for not less than 20 years 5 years.
B. Structures.
1. Removal or alteration of a non - conforming structure having
an estimated valuation of less than $10,000 5 years.
C. Screening and Performance Standards.
1. Elimination of a nonconformity with screening requirements
and performance standards in commercial and industrial
zones 3 years.
D. Signs.
1. In a residential zone, removal of a non - conforming
advertising or identification sign(s) or structures 1 year.
2. In any zone, removal of a non - conforming sign painted on
a wall 1 year.
3. In any zone, elimination of non - conforming lighting or
lighting movement on a sign or device creating movement...6 months.
4. In any zone other than a residential zone, removal of a
non - conforming advertising sign or structure not otherwise required
to be removed in accordance with the provisions of this
Section 3 years.
Section 16.10 Notice.
A. Upon determination that the provisions in this Section apply
to a given parcel of land, the Planning Director or his /her
designee shall send a notice regarding this parcel by certified
United States mail, return receipt requested, to the owner of said
parcel as shown on the last equalized assessment roll and shall
post this property with a similar notice and shall publish such
notice at least once in a newspaper of general circulation. Should
said certified mailed notice be returned to the City for any
reason, the City shall cause a copy of the same to be mailed to the
Property Owner shown on the last equalized assessment roll by
regular first -class mail with postage thereon fully paid.
B. The notice provided for in this Section, 16.10, shall state
that the property in question is a non - conformity, shall state the
date of abatement established in Section 16.9, shall state that a
hearing will be held before the Hearing Body, and shall state the
date of such hearing.
*All reference to the building types shall be as defined in the
latest adopted edition of the Uniform Building Code.
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Section 16.11 Hearing Body Designated; Hearing.
A. The City Council by Resolution shall designate the Hearing
Body for purposes of this Chapter.
B. Within sixty (60) days after the issuance of the notice
prescribed in Section 16.10 the Hearing Body shall hold a public
hearing to determine whether the non - conformity should be abated or
whether a time extension should be granted as provided for in
Section 16.7. Notice shall be given to all property owners within
a three - hundred foot, (300'), radius of said property.
C. The Hearing Body shall receive written and oral testimony at
such hearing in regard to abatement or elimination of the non-
conformity.
D. At the close of the public hearing, the Hearing Body shall
find and determine whether the non - conformity should be abated and
all facts in support thereof, whether the owner of the property can
amortize his /her investment in the term for abatement provided in
Section 16.9, and if not, what term for abatement should be
provided as specified in Section 16.9.
E. The Hearing Body shall also find and determine whether the
non - conforming use can economically be used in its present
condition or if the non - conformity can be successfully modified for
a purpose permitted by the land use zone in which it is located.
Section 16.12 Decision and Findings.
The decision of the Hearing Body and the findings in support of
said decision shall be in the form of a written order and shall be
served to the property owner personally or by certified United
States mail, return receipt requested, within ten (10) days after
the decision is rendered. Findings shall be made as to whether or
not the balancing of the public interest and the request by the
owner for continuance, alteration, or expansion of the non-
conformity of the subject property requires a deviation from the
development standards for the City of Cypress.
Section 16.13 Right of Appeal:
A. The decision of the Hearing Body terminating the non-
conformity, for its expansion or alteration, or an extension may be
appealed to the City Council within fourteen (14) calendar days
from the date the notice of the Hearing Body's decision was mailed
to the property owner. Said appeal shall be in writing and shall
be filed with the City Clerk within said fourteen (14) day period.
Any appeal timely filed shall be set for hearing in accordance with
Section 16.11.A.
B. After the expiration of said fourteen (14) day appeal period,
the decision of the Hearing Body shall be final and conclusive
unless an appeal was timely filed in accordance with the provisions
of this Section.
C. The City Council on appeal shall conduct the hearing in
accordance with Section 16.11 and may uphold, reverse, or amend any
decision of the Hearing Body. The decision of the City Council
shall be final and conclusive. Notice of the City Council's
decision shall be mailed by the City Clerk to the property owner or
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other appellee within ten (10) days of the City Council's decision.
Section 16.14 Recordation of Order.
After the conclusion of all appeals, the City Clerk shall cause
notice of the decision and order of the Hearing Body, or the City
Council in the case of an appeal, to be recorded with the County
Recorder of the County of Orange. Said Notice shall consist of a
Notice of Zoning Violation.
Section 16.15 Time When Use, Structure, Screening, Development
Standards, or Sign Becomes Non - conforming.
Whenever a use, a structure, screening, development standards, or
a sign become non - conforming because of a change of zone boundaries
or a change of regulations for the zone in which it is located, the
period of time prescribed in this Section for the elimination of
the use, the removal of the structure or sign, or compliance with
screening and development standards shall be computed from the date
of the notice of the non - conformity following the effective date of
the change of zone boundaries or regulations.
Section 16.16 Extension of Time.
The Hearing Body, or the City Council on appeal, at it's
discretion, may grant an extension of time for the abatement of a
non - conformity where it finds that an unreasonable hardship would
otherwise be imposed on the property owner.
Section 16.17 Proof of Amortization.
The Hearing Body, or the City Council on appeal, shall base its
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.
Section 16.18 Relocation.
In the event the Hearing Body, or the City Council on appeal, finds
that a structure occupied by a non - conforming use, either in its
present condition or as modified, can be used, if such alterations
occur for a use permitted in the zone in question, the non-
conforming use may be granted an extension sufficient to permit it
to relocate at a site wherein such use is permitted and which has
substantially equivalent utility for the use. In no event shall
such extension be more that two (2) years.
Section 16.19 Revocation.
A. Whenever the use, maintenance, or continuation of non-
conforming conditions or use is granted through the means of
Conditional Use Permits, Variances, Design Reviews, Extensions,
Expansions, or other approved changes, the same may be revoked by
the City Council whenever the Council finds that the terms or
conditions of any CUP, Variance, Design Review, Extension,
Expansion, or other approval are being violated, the condition or
use of the property constitutes a public nuisance, or the health,
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safety, or welfare of the surrounding property owners or residents
is being threatened by the continuation of said non - conforming use
or condition.
B. The revocation process may be initiated by the order of the
City Council, or any person demonstrating that their health,
safety, or welfare is being adversely affected by the continuation
or circumstances existing on non - conforming property.
C. The property owner shall be notified of the commencement of
the revocation process pursuant to Section 16.10 'Notice' and
Section 16.11 'Hearing.'
Section 16.20 Public Nuisance.
Any non - conforming use continuing beyond the date for abatement set
by the Hearing Body, or City Council on appeal, shall be deemed a
public nuisance, subject to abatement thereof and prosecution
either through civil or criminal action.
Section 16.21 Exceptions: Public Utility Facilities and Uses.
Nothing in this Section pertaining to non - conforming buildings and
uses shall be construed or applied so as to require the
termination, or removal, or so as to prevent the modernization,
replacement, repair, maintenance, alteration, or re- building of
public service and public utility buildings, structures, uses,
equipment, and facilities; provided, that there is no change or
increase of those areas to be used."
SECTION II. 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 III. The City Clerk is hereby authorized
and directed to certify as to 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 9th day of March , 1992 and
finally adopted and order posted at a regular meeting held on the
23rd day of March , 1992.
ATTEST:
CITY CLERK OF THE CI Y OF CYPRESS
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MAYOR OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
I, DARRELL ESSEX, City Clerk
California DO HEREBY CERTIFY that the
adopted at a regular meeting of the
Cypress, held on the 23rd day of
following roll call vote:
AYES:
NOES:
of the City of Cypress,
foregoing Ordinance was duly
City Council of the City of
March , 1992, by the
5 COUNCIL MEMBERS: Age, Bowman, Kerry, Nicholson and
0 COUNCIL MEMBERS: None Partin
ABSTAINED: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
/t
CITY CLERK ( HE
TY OF CYPRESS
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