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3 Disclaimer: The information provided in this FAQ is for general informational purposes only and should not be construed as legal advice. neighborhoods, while still allowing some limited neighborhood-serving commercial uses on properties that are already non-residential in nature. 10. How will this ordinance affect businesses that want to sell or transfer ownership to future owners? As proposed, the ordinance will not affect the transferability of nonconforming industrial uses, as defined in the ordinance, to future owners. However, the nonconforming status of a business that meets the definition of a Noxious Use, as defined in the TZC, would lose its nonconforming status when the business ownership changes or if it meets the code enforcement thresholds established in the proposed ordinance. 11. How does the City determine when a business has transferred to new ownership? All businesses operating in commercial locations must obtain a Certificate of Occupancy (COO) from the Planning Division before receiving a business license, while those in residential areas must secure a Home Occupation Permit. A new COO is required whenever a business changes its use, changes ownership, changes location, expands, or changes its name. Businesses that do not apply and obtain a COO may face code enforcement action. 12. What is a nonconforming use? A nonconforming use is a use that was lawful when established but became unlawful due to new or amended ordinances. These uses are sometimes referred to as "grandfathered" uses and are typically allowed to continue without expansion or intensification. The SAMC defines “nonconforming uses” generally as uses initiated before July 20, 1960, or those that were compliant with applicable provisions when established but later became nonconforming due to code changes or public agency property acquisition. 13. What is amortization? Amortization is a tool that provides a reasonable transition period for owners to phase out a nonconforming use. This "grace period" allows owners to recoup their investments before the use must cease, and serves as a lawful equivalent to “just compensation.” Under the proposed ordinance, the City may consider amortizing certain nonconforming industrial uses based on factors enumerated in the ordinance. If the City elects to eliminate a use through amortization, a reasonable amortization period would be determined by an independent hearing officer be based on an individualized assessment. 14. The proposed ordinance references the use of a Hearing Officer for determining amortization periods in cases where the City elects to pursue elimination of a business/use through that mechanism. Who serves as hearing officer and what educational/professional background do they have? Hearing officers typically possess a background in law, urban planning, public administration, or a related field, and are already on retainer by the City of Santa Ana to adjudicate certain code enforcement appeals and other matters. Cities often utilize hearing officers to provide a neutral and impartial forum for dispute resolution, thereby increasing procedural fairness and public trust. Additionally, hearing officers often bring specialized expertise in navigating complex regulatory frameworks, which can streamline the hearing process and lead to more informed decision-making. The proposed ordinance requires that any hearing officer retained for the purposes of administering the amortization provisions must possess land use and legal background.