§ 1.01

Appendix I of the Cypress Municipal Code shall be known and cited as the "The City of Cypress Zoning Ordinance."

(Ord. No. 1062, § 2(Exh. A), 11-25-04)

The zoning ordinance is adopted pursuant to article XI, section 7 of the Constitution of the State of California and in compliance with the requirements of title 7 of the Government Code, Planning and Zoning Law, to promote the growth of the city in an orderly manner and to promote and protect the public health, safety, and general welfare of residents. It establishes zoning districts that include all the territory within the City's boundaries. Within the established zoning districts it shall be unlawful to erect, construct, alter, or maintain buildings or uses of land that are not in conformance with the requirements and standards established in this zoning ordinance. (Ord. No. 1062, § 2(Exh. A), 11-25-04)

The purpose of this zoning ordinance is to implement the policies of the Cypress General Plan by classifying and regulating the uses of land and structures within the City of Cypress. The zoning ordinance is adopted to promote and protect the public health, safety, and general welfare of residents while preserving and enhancing the aesthetic quality of the city. To fulfill these purposes, it is the intent of this zoning ordinance to:

• A. Implementation. Implement the goals, objective, policies and programs of the general plan and to manage future growth and development in accordance with that plan;

• B. Maintain community character. Provide standards that safeguard and enhance the appearance and quality of development in the city, while also maintaining the community's characteristics in appropriate locations;

• C. Classify land uses. Classify, designate, regulate, and segregate the uses of land and structures to serve the needs of agriculture, commerce, industry, residences, and other purposes in appropriate places;

• D. Establish conditions. Establish conditions that will allow the enjoyment of open spaces, including the appreciation of scenic beauty, by protecting the natural resources of the city;

• E. Avoid congestion. Prevent the overcrowding of land by maintaining a suitable balance between structures and opens spaces through regulation of location, height, bulk, number, stories and size of structures; the size and use of parcels and open spaces; the percentage of a parcel that may be occupied by a structure; and the intensity of land use;

• F. Organize adequate provisions for growth. Facilitate a comprehensive pattern of land uses that plan adequate provisions for community utilities, including transportation, water, sewage, schools, parks and other public requirements.

• G. Stabilize and enhance the social, physical, and economic advantages. Maintain and protect the value of property resulting from comprehensive and orderly planned use of land resources;

• H. Ensure adequate parking. Ensure that adequate off-street parking and loading facilities will be installed and maintained; and

• I. Sign regulation. Regulate signs and billboards.

• (Ord. No. 1062, § 2(Exh. A), 11-25-04)

• A. Authority. This zoning ordinance is enacted based on the authority vested in the City of Cypress by the State of California, including but not limited to: the State Constitution ; the Planning and Zoning Law (Government Code Sections 65000 et seq.); the Subdivision Map Act (Government Code Sections 66410 et seq.); and the California Health and Safety Code .

• B. Relationship to general plan. This zoning ordinance and the zoning map are the legislative framework to enhance and implement the goals, policies, plans, principles, and standards of the City of Cypress General Plan, which is the overall policy document of the city, hereafter referred to as the "general plan."

• (Ord. No. 1062, § 2(Exh. A), 11-25-04)

• A. Other requirements may still apply. Nothing in this zoning ordinance eliminates the need for obtaining any permit, approval or entitlement required by other provisions of the Municipal Code

or complying with the regulations of any city department, or any county, regional, state, or federal agency.

• B. Existing rights. The rights granted by any permit, license, or other approval under any ordinance repealed by this ordinance shall be continued, but in the future, to the extent permitted by law, such rights shall be exercised in accordance with the provisions of this ordinance.

• C. Conflicting requirements. Any conflicts between different requirements of this zoning ordinance, or between this zoning ordinance and other regulations, shall be resolved in compliance with section 1.01.020(E) (Rules of interpretation).

  1. The provisions of this ordinance shall not be interpreted to repeal, amend, modify, alter, or change any other code that is not specifically repealed, amended, modified, altered, or changed.

  2. Nothing in this ordinance shall be interpreted to authorize the use of a lot or parcel in any way that is in violation of any other applicable statute, code, or regulation.

• D. Relationship to California Environmental Quality Act (CEQA). When a project is determined to be subject to the provisions of the California Environmental Quality Act (CEQA), the application shall be reviewed in accordance with the provisions of this zoning ordinance, the California Environmental Quality Act (Public Resources Code, Section 21000 et seq.), the CEQA Guidelines (Government Code, Section 15000 et seq.), and any environmental guidelines adopted by the City of Cypress.

• (Ord. No. 1062, § 2(Exh. A), 11-25-04)

This zoning ordinance applies to all real properties, land uses, structures, subdivisions, and development within the City of Cypress, as provided by this Section.

Premises shall not be used except as specifically permitted and subject to the regulations and conditions of this ordinance, except as otherwise provided. Wherever this ordinance prohibits the use of premises for a particular purpose, those premises and any improvements on those premises shall not be used for that purpose. Structures or improvements shall not be constructed, altered, or moved onto the premises that are designed, arranged, or intended to be occupied, or used for the prohibited purpose.

• A. New land uses or structures, changes to land uses or structures. Compliance with the requirements of subsection 2.04.020 (General requirements for development and new land uses) or, where applicable, section 25 (Nonconforming uses, structures, and parcels), is necessary for any person or public agency to lawfully establish, construct, reconstruct, alter, or replace any use of land or structure.

• B. Continuation of an existing land use. An existing land use is lawful only when it was legally established in compliance with all applicable regulations, and when it is operated and maintained in compliance with all applicable provisions of this zoning ordinance, including section 25 (Nonconforming uses, structures, and parcels).

Existing land uses that were in violation of city zoning regulations applicable before the effective date of this zoning ordinance are in violation of this zoning ordinance. These uses shall continue to be in violation unless they conform to the current provisions of this zoning ordinance, except as otherwise provided in this zoning ordinance.

• C. Effect of Zoning Ordinance on projects in progress. A land use permit application that has been accepted by the Planning Division as complete prior to the effective date of this zoning ordinance or any amendment shall be processed according to the requirements in effect when the application was accepted as complete.

• D. Effect of zoning ordinance on buildings under construction. Any building for which a building permit has been issued under the provisions of earlier ordinances of the city which are in conflict with this ordinance, and on which substantial construction has been performed by integration of materials on the site before the effective date of this ordinance, nevertheless may be continued and completed in accordance with the plans and specifications upon which the permit was issued.

• E. Minimum requirements. The provisions of this zoning ordinance shall be minimum requirements for the promotion of the public health, safety, comfort, convenience, and general welfare. When this zoning ordinance provides for discretion on the part of a city official or body, that discretion may be exercised to impose more stringent requirements than set forth in this zoning ordinance as may be necessary to promote orderly land use development and the purposes of this zoning ordinance.

nts for the promotion of the public health, safety, comfort, convenience, and general welfare. When this zoning ordinance provides for discretion on the part of a city official or body, that discretion may be exercised to impose more stringent requirements than set forth in this zoning ordinance as may be necessary to promote orderly land use development and the purposes of this zoning ordinance.

• F. City of Cypress exempt. Agencies of the City of Cypress, the Cypress Redevelopment Agency, and/or the Cypress Recreation and Parks District shall be exempt from the provisions of this ordinance when the planning agency makes the following findings:

  1. That reasonable attempts have been made to comply with the regulations contained in this zoning ordinance; and

  2. That the strict and literal interpretation and enforcement of the zoning ordinance would inhibit the planning agency's ability to maintain public health, safety, and general welfare; and

3. That the granting of the exemption will not be detrimental to the public health, safety, and general welfare or materially injurious to properties or improvements in the vicinity.

(Ord. No. 1062, § 2(Exh. A), 11-25-04)

This zoning ordinance shall be administered by the planning agency, the community development director, the community development department, and other departments, groups or individuals identified in this zoning ordinance in compliance with the Cypress Municipal Code and Subsection 4.18.020 of this zoning ordinance (Authority for land use and zoning decisions). (Ord. No. 1062, § 2(Exh. A), 11-25-04)

The headings of the sections, subsections and clauses of this zoning ordinance, together with the accompanying illustrations, examples, and explanatory notes, are inserted as a matter of convenience and in no way define, limit, or enlarge the scope or meaning of this zoning ordinance or any of its provisions.

(Ord. No. 1062, § 2(Exh. A), 11-25-04)

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, that 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.

(Ord. No. 1062, § 2(Exh. A), 11-25-04)

Section 2. Interpretation of Zoning Ordinance Provisions