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9/8/80
ORDINANCE NO. NS- 1550
AN ORDINANCE OF THE CITY OF SANTA ANA
AMENDING SECTION 41-683 OF THE SANTA
ANA MUNICIPAL CODE AND ADDING SECTION
41-683.5 THERETO PERTAINING TO
DISCONTINUANCE OF NONCONFORMING USE
OF A BUILDING FOR SALE OF ALCOHOLIC
BEVERAGES
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES
ORDAIN AS FOLLOWS:
SECTION 1: That section 41-683 of the Santa Ana
Municipal Code, is hereby amended to read as follows:
Sec. 41-683 Discontinuance of Nonconforming
Building or Use.
Except as provided in Section 41-683, if a
nonconforming use of any land or building is discontinued,
or if a nonconforming building is vacant, unused or
unoccupied, for a period of twelve (12) consecutive months,
any subsequent use of the land or building must conform in
every respect to the provisions of the district in which it
is located.
SECTION 2: That the Santa Ana Municipal Code is
hereby amended by adding a section, to be numbered 41-683.5,
which said section reads as follows:
Sec. 41-683.5 Same - Sale of Alcoholic Beverages
If a nonconforming use of a building for the sale
of alcoholic beverages for either on-site or off-Site
consumption is discontinued for a period of six (6)
consecutive months, any subsequent use of the building must
conform in every respect to the provisions of the district
in which it is located. Any such use, whether primary or
incidental, which does not have a required minor exception
permit shall be deemed a nonconforming use within the
meaning of this section.
SECTION 3: If any section, subsection,
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 of the City of
Santa Ana hereby declares that it would have adopted this
ordinance and each section, subsection, sentence, clause,
phrase or portion thereof irrespective of the fact that any
one or more sections, subsections, sentences, clauses,
phrases, or portions be declared invalid or
unconstitutional.
ORDINANCE NO. NS- 1550
PAGE TWO
SECTION 4: Neither the adoption of this
ordinance nor the repeal hereby of any ordinance shall in
any manner affect the prosecution for violation of
ordinances, which violations were committed prior to the
effective date hereof, nor be construed as affecting any of
the provisions of such ordinance relating to the collection
of any such license or penalty or the penal provision
applicable to any violation thereof, nor to affect the
validity of any bond or cash deposit in lieu thereof,
required to be posted, filed or deposited pursuant to any
ordinance and all rights and obligations thereunder
appertaining shall continue in full force and effect.
ADOPTED this 17th day of November , 1980,
the following vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
by
Bricken, Griset, Luxembourger, Markel,
Serrato, Ward, Yamamoto
None
ABSENT:
ATTEST:
~PPROVED AS TO FORM:
COUNCILMEN: None
EDWARD J/. CO(~J~
CITY ATTORNEY