Ordinance No. 900ORDINANCE NO. 900
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
AMENDING SECTION 16.2 OF APPENDIX I, "ZONING," OF THE CODE OF THE
CITY OF CYPRESS "EXCEPTIONS TO NONCONFORMING STATUS," TO PROVIDE
AN EXCEPTION TO EXISTING LEGALLY PERMTI"I ED SECOND FLOOR
BALCONIES IN SIDE AND REAR YARDS.
THE CITY COUNCIL OF THE CITY OF CYPRESS DOES ORDAIN AS
FOLLOWS:
Section I. Section 16.2, "Exceptions to nonconforming status," of Appendix I,
"Zoning," of the Code of the City of Cypress is hereby amended to read as follows:
"16.2 Exceptions to Nonconforming 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 nonconforming solely because it does
not meet required off- street parking or side yard setbacks, provided it
complies with the side yard setback requirements in effect at the time a
building permit was issued for its construction.
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 Section.
E. No existing second floor balcony which was legally permitted prior to the
effective date of Zoning Code Amendment No. 93 -3 requiring a conditional
use permit for second floor balconies in side and rear yards, shall be deemed
nonconforming solely because of the lack of a conditional use permit."
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 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 August, 1993 and finally adopted and order posted at a regular meeting held on
the 23rd day of August , 1993.
MAYOR OF THE C--CYPRESS
1
23 8
Al'1'EST:
OTI THE CITY OF CYPRESS
STATE OF CALIFORNIA) SS
COUNTY OF ORANGE )
I, DARRELL ESSEX, City Clerk of the City of Cypress, DO HEREBY CERTIFY
that the foregoing Ordinance was duly adopted at a regular meeting of the said City Council
held on the 23rd day of August , 1993, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Age, Bowman, Nicholson, Partin
and Kerry
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLER OF THE CITY OF CYPRESS