Ord 0392-ADOPTING A ZONING OR DISTRACTING PLANr
ORDINANCE NO. 122
AN ORDINANCE OF THE J OI. i3 OF LOS GATOS, COUNTY OF
SANTA CLARA, STATE OF CALIFORNIA, ADOPTING A ZONING
OR DISTRICTING PLAN FOR SAID TO,JTN, VITHIN WHICH
CERTAIN REGULATIONS SHALT, BE IN EFFECT RELATING TO
THE USES OF LAND AND BUILDINGS, HEIGHT LIr111;ITS OF
BUILDINGS, AND YARDS AND OTHER OPEN SPACES ABOUT
BUILDINGS; REQUIRING THAT CERTAIN P ER1 1;SITS SHALL BED
SECURED FOR CERTAIN OF SUCH BUILDINGS AND USES;
DEFINING CERTAIN TER IS USED HEREIiI; AND SPECIFYING
THE PROCEDURE FOR THE A1,IMT N, . AND PRESCRIBTM
PENALTIES FOR THE VIOLATION OF r.NY OF THE PROVISIONS
HEREIN; REPEALING ALL OTHER ORDINANCES OF. Pry,=;.TS OF
OFtDIP %uNC:S IN
C Oi~iFLICT HEREWITH
The Town Council of the Torn of Los Gatos does ordain as
follows:
Section 1.00 ADOPTION OF THE ZONING PLAN
Section. 1.01 There is hereby adopted a zoning or districting plan as
a part of the waster plan of the Tom of Los Gatos, California. It
consists of the establishment of various districts, including therein
all tyre territory within the boundaries of said Town, within various
of which districts it shall be lawful, and within various of which
it shall be unlawful to erect, construct, alter, or maintain certain
bu:ldyngs or to carry on certain trades or occupations or to maize
certain uses of 1'kn , and/or iNrithin which the height and bulk of
buildings shall be\Iinz iced, and/or within which certain open spaces
shall be required about buildings and consisting, further, of
ap-propriate regulations to be enforced in such districts, all as set
fort in this ordinance.
Section 1.02 The Town Council of the Town of Los Gatos hereby finds
and decfares that this ordinance is necessary in order to encourage
the most appropriate use of land throughout the Town; to stabilize
and conserve the value of property; to provide adequate light, air
and reasonable access, to secure safety from fire and other dangers;
to prevent overcrowding of land;;to avoid undue concentration of
population; to facilitate the adequate provision for transportation,
water, sewerage, schools, parks and other public improvements; and
in general to promote the public health, safety, peace, morals, ~
comfort and welfare, all in accordance with a comprehensive Zoning
Ordinance and ;Taster Plan.
Section 1.0 This ordinance shall ~e knoi n `'l a s t:
of the Town of Los Gatos" and nay be so edited
to Section numbers herein are to the Sections
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rae "Zoning Ordinance
and pleaded. References
of :this Ordinance.
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Section 2.00 DEFINITIONS
Section 2.01 For the purpose of this ordinance certain terms and
words are herewith defined as follows:
Section 2.02 The words "used for" include "designed for" and vice
versa, words used in the present tense include the future; words
in the singular number include the plural and vice versa; the
word "building" includes "structure"; and the word "shall" is
mandatory and not directory=; the word "lot f1 includes the words
"parcel" and "plot"; the word "Town Council" as used herein, shall
mean the Town-Council of the Town of Los Gatos; the word "Planning
Commission" shall mean the Town Planning Commission of the Town of
Los Gatos, California., Unless otherwise indicated, reference in
this ordinance to whol.`numbers of sections includes all of the
decimal numbered paragraphs listed under such whole numbered
section; i.e. a reference to Section 1.00 includes Sections 1.01,
1,02, where the:same..are applicable.
Section 2.03 ACCESSORY BUILDING: A detached, subordinate building
whose use i s cl ear y inc i ent al to that of the main building, or
to the main use of the land, and which shall not contain living or
sleeping quarters or stora e for commercial motor vehicles in
excess of three-quarter (M) ton sized
Section 2.04 AIRPORT:., Any area of land or water designed, used, or
intended to be used, or set aside for the landing and taking off of
aircraft. The term "Airport" includes all necessary taxi-ways,
aircraft storage and tie-down area,. hangars and other necessary
buildings and open spa.ces..
Section 2.05 ALLEY: Any public thoroughfare which affords only,a
secondary means of access to abutting property.
Section 2.06 ALTERATION STRUCTURAL: Any `change which would tend to
prolong the life of.the supporting members of a building or
structure, such as bearing wails, columns, beams or girders.
Section 2.07 APARTMENT HOTEL: A building or portion thereof designed
for or containing both individual guest rooms or suites of rooms
and dwelling units.
Section 2.08 APART14ENT HOUSE: Same as "Dwelling Multiple",
Section 2.09 AUTO COURT: Same as 'tTourist Court".
Section 2.10 AUTOMOBILE SERVICE. STATION: Any premises used for
supplying gasoline and oil, a.t retail direct to the customer, in-
cluding minor accessories and services for automobiles, but not
including automobile repairs,
Section 2.11 AUTOMOBILE AND TRAILER SALES AREA: An open area, other
than a street, used. or the display,. sae or , rental of new or used
automobiles or trailers, and where no repair work is done except
minor incidental repair of automobiles or trailers to be displayed
or sold on the premises
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Section 2.12 AUTOMOBILE WRECKING: The dismantling or wrecking of
used motor ve icles or trailers, or the storage, sale or dumping of
dismantled, partially dismantled, obsolete or wrecked vehicles or
their parts.
Section 2.13 BASET~,ENT: A. story partly or wholly underground. For
purposes of eight measurements, a basement shall be counted as a
story where more than one-half of its height is above the average
level of the adjoining ground.'
Section 2.1 BLOCK: That property so designated on an official map'
of the town or part of the town, or bounded by streets, or by a
street or streets and railroad right-of-way, canal right-of--way or
unsubdivided acreage.
Section 2.15 BOARDING HOUSE: A building or portion thereof, other
than a hotel where meals and lodging for five (5) or more persons
ire. provided for compensation.
Section 2.16 BREEZE1AY: A covered passageway between buildings which
does rot exceed ten (10) feet in width and which has at least one
side open, except for necessary supporting columns.
Section 2.17 BUILDING A structure having a roof supported by
columns or walls for the housing or enclosure of persons, animals,
or chattels. ti-here a dwelling is separated by a division wall
without openings, each portion of such dwelling shall be deemed a
separate building.
Section 2.18 BUILDING HEIGHT OF: The vertical distance measured
from the adjoining cur grade-to the highest point of the roof
surface, if a flat roof; to the deck line of a mansard roof; and to
the main height level between eaves,and ridge for a gable, hip or
gambrel roof; provided, however, that where buildings are set back
from the street line., then the height may be measured from the
average elevation of the finished grade along the front of the
building.
Section 2.1 uBUILDINGMAIN: A building in which is conducted the
p_~.~nc~.p the of on which it is situated. In any "MIt
use of
district any dwelling shall be deemed to be the main building on
the lot on which the same is situated
Section 2.20 BUILDING UNIT GROUP: Two or more buildings (other
M an dwellings. grolape xapo_a lot and held under single ownership;
such as universities, hospitals, institutions and industrial plants.
Section 2.21 BUSINESS, RETAIL : Retail sale of any article, substance,
or commodity-or profit or livelihood, conducted within a building
but not including the sale of lumber or other building materials or
the sale of second--hand goods or materials, (except.used merchandise
clearly incidental to the regular business conducted on the premises).
Section 2.22 BUSINESS, WHOLESALE:; The wholesale handling of any
article substance or commodity for profit or livelihood, but not
including the handling of lumber or other building material, or the
open storage or sale of material or commodity and not including the
processing or manufacture of any product or substance.
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Section 2.23 CAMP, TRAILER- An area or tract of land used or
designed to accommodate two (2) or more automobile or house
trailers.
Section 2.24 dETMERY: Land used or intended to be used for the
burial of the deaand dedicated for cemetery-purposes, including
columbariums, crematories, mausoleums, and mortuaries when operated
in conjunction.with and within the boundary of such cemetery.
Section 2.25 COURT: An open unoccupied space, other than a yard, on
the same lot wit a building, or buildings, and bounded on two (2)
or more sides by a building, or buildings, including the open space
in a. dwelling group providing` access to the units thereof.
Section 2.26 COURT APAR51ENT.: One, two or three multiple dwellings
arranged around two 2 or three (3) sides of a court which opens
onto a street, or a placeapproved by the Commission.
Section 2.27 CURB GRADE: The elevation of the established curb ;in
Front o-r-the bal ng measured at the center of such .front. Where
no curb grade has been established, the Town. Engineer shall establish
such curb grade or its equivalent for the purpose of this ordinance.
Section 2.2£ DISTRICT: A portion of the Town 'within which certain uses
Nand and bui dings are permitted or prohibited and within which
certain yards and other open spaces are required and certain height
limits are established for buildings, all as set forth and specified
in this ordinance.
Section 2.29 DWELLING: A building or portion thereof designed ex-
clusively for residential occupancy, including single-family, two-
family and multiple;-family dwellings, but not including hotels,
boarding and lodging houses.
Section 2.30 DWELLING UNIT: Two'or more rooms in a dwelling or apart-
ment hotel ened for occupancy by one family for living purposes
and having only one kitchen.
Section 2.31 DWELLING SINGLE-FAMILY: A detached building designed
exclusi-vely or occupancy_ by one amilym
Section 2.32 DWELLING 'O-FAMILY: A building designed exclusively
or occupancy by two 2 families living independently of each other.
Section 2.33 DWELLING MULTIPLE-FAMILY: A: building or portion thereof,
designed for occupancy by three 3 or more families living
independently of each other.
Section 2.34 DWELLING GROUP: One or more dwellings, other than a
tourist court, arran ge around two (2) or three (3) sides of a
court, which opens onto a-street, or -a place approved by the
Commission, including single-family, two-family or multiple-
family s g dwellings and court` apartments.
Section 2.35 EDUCATIONAL INST1TUTI0X,:.A, college or university giving
general academic instruction equivalent to the standards prescribed
by the State Board of. Education.
Section 2. 36 FAMILY: An individual, or two (2) or more persons
related-Ty of~-or marriage, or a group of not more than five (5)
persons (excluding servants) not related by blood or marriage,
living together as a single housekeeping unit in a dwelling unit.
Section 2.37 FRONTAGE: All the property fronting on one (1) side of
a street between intersecting or intercepting streets, or between
a street and a right-of-way, waterway, end of deadend street,, or
town boundary, measured along the street line. An intercepting
street shall determine only the boundary of the frontage on the
side of the street which it intercepts.
Section 2.3$ GARAGE, PRIVATE: A.detached accessory building or
portion of a main building for the parking or temporary storage of
automobiles of the occupants of the premises.
Section 2.39 GARAGE, PUBLIC: A building other than a private garage
used for care, repair, or equipment of automobiles, or where
_st.ch vehicles are parked or stored for remuneration, hire or sale.
Section 2.40 HOME OCCUPATION: An occupation customarily carried on
by th resi ent o a dwelling as a secondary use within the same
dwelling and in connection with which there is no person employed,
no sounds audible beyond said dwelling, no display, no advertising
and no selling of a commodity upon the premises.
Section 2. .l HOTEL,: A building designed for occupancy as the more
or less temporary abiding place of individuals who are lod ed with
or without meals, in which there are more than fifteen (15T sleeping
rooms usually occupied singly and in which no provision.is,made
for cooking in any individual room or suite.
Section 2.42 JUNK YARD: The use of more than 100 square feet of the
. area of any. of or the storage `of junk, including scrap materials
and metals, or wrecked vehicles and machinery, whether. o.r not sale
of such junk is made or proposed.
Section 2.43 KENAIEL: Any lot' or premises on which four (4) or more
dogs, more thanour .(4) months of age are kept.
Section 2.44. LOADING AREA: An open area, other than a street or
alley, used o he loading or,unloading of vehicles.
Section 2.45 LOADING SPACE: An off-street space or berth on the same
lot with a building, or contiguous to a group of buildings, for the
temporary parking of a commercial vehicle while loading or unload-
ing merehandi6e or materials, and which. abuts upon a street or
other appropriate means of.access.
Section 2.46 LODGING HOUSE: A building or' portion thereof, other
than ahotel w-~ ere, lod ing for five (5) or more persons is provided
for compensation,including rooming house.
Section 2.47 LOT: Land occupied or to be occupied by a building, or
unit group obuildings, and accessory buildings together with such
yards and lot area as are required by this ordinance, and having its
principal frontage upon a street, or a place approved by the
Co=: ission.
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Section 2.48 LOT LINES: The lines bounding a lot as defined herein.
Section 2.19 LOT WIDTH The horizontal distance between the side lot
amines, meas 76E a rrr ght angles to the lot depth at a point midway
between the front and rear lot lines.
Section 2.50 LOT DEPTH: The horizontal distance between the front and
rear lot lines, measured along the median between the two side lot
lines.
Section 2.51 LOT AREA: The total horizontal area within the lot lines
of a ot.
Section 2.52, LOT CORNER: A lot, or portion thereof, not greater
than seventy- ive 5'T feet in width and situated at the inter-
section of two (2) or more 'streets.
Section_ 2._a LOT REVERSED CORNER: A corner lot the side street line
chic is substantially a continuation of the front line of the
lot to its rear,
Section 2.54 LOT, INTERIOR: A lot other than a corner lot.
Section 2.55 LOT=z THROUGH: A lot having frontage on two (2) parallel
or approximately para_LJ_el streets.
Section 2.56 MANUFACTURE: Preparation, making, treatment or pro-
cessing of articles as merchandise.
Section 2.57 EXISTING BUILDING: A building or structure or portion
thereoor7aw u y existing at the time this ordinance became
effective.
Section 2. 8- EXISTING USE: A use which lawfully occupied a building.
or and at the me t-h~s ordinance became effective.
Section 2..59 NURSERY SCHOOLS: A school used exclusively for the day-
time care o pre-sc oo age children.
Section 2.60 PARKING AREA PRIVATE: An open area, other than a street
or alley, used. or the parking of the automobiles of occupants of
a dwelling.
Section 2.61 PARKING AREA PUBLIC: An open area, other than a private
parking area, street, or al ey, used for the parking of automobiles
and available for public or quasi-public use.
Section 2.62 PARKING SPACE, AUTOMOBILE: Space within a building or a
private or public parking area for the parking of one (1) automobile.
Section 2.63 PLACE: An open unoccupied space other than a street or
alley, permanently reserved as the principal means of access to
abutting property.
Section 2.64 ROOMING HOUSE : Same as IfLodging House".
Section 2.65 SCHOOL: ELEMENTARY OR HIGH: An institution which offers
instruct;.ons in the several rant es-of learning and study required
to be taught in the public schools by the Education Code of the
State of California, High Schools include Junior and Senior.
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Section 2.66 STABLE, PRIVATE: A detached accessory building for the
keeping of horses owned. by the occupants of the premises and not
kept for remuneration, hire or sale.
Section 2.67 STABLE, PUBLIC: A stable other than a private stable.
Section 2.6$ STORY: That portion of a.building included between the
sur ace of arty ~loor and the surface of the floor next above it, or
if there be no floor above it, then the space between: such floor and
ceiling next above it.
Section 2.69 STORY, HALF„ A story under a able, hip or gambrel roof,
the w~~plates whith on at least two opposite exterior walls
are not more than four (4) feet above the floor of such story.
Section 2.70 STREET: A permanently reserved thoroughfare which affords
principal means of access to abutting property.
Section 2.71 STRUCTURES: Any thing constructed or erected, which
requires location on the ground or attached to something having a
location on the ground.
Section 2.72 TOURIST COURT: A group of attached or detached buildings
containing in ivy u'al sleeping or living units, designed for or used
temporarily by automobile tourists.or transients, with garage
attached or parking space conveniently located to each unit, in-
cluding auto courts, motels, or motor lodges.
Section 2.13 TRAILER, AUTOMIOBILE: A vehicle without motive power,
designed to be drawn by a motor vehicle and to be used for human
habitation or for carrying persons and property, including a trailer
coach or house trailer.
Section 2.74 USE: The purpose for which land or a building is arranged,
esigned or -intended, or for which either land or a building i-s or
may be occupied or maintained. -
Section 2.75, YARD: An open space, other than a court, on a`:.lot',
unoccupied antic unobstructed from the ground upward, except as other-
wise provided in this ordinance.
Section 2.76 YARD FRONT: A. yard extending across the full width of
the It;~the depthof of which is the minimum horizontal distance between
the front lot line and a line parallel thereto on the lot.
Section 2.77 YARD, REAR: A yard extending across the full width: of
the loV between the most rear main building and the rear lot line;
the depth of the required. rear yard shall be measured horizontally.
from the nearest point of the rear lot line toward the nearest part
of a rain building
Section 2.78 YARD SIDE. A yard between the main building and the side
lot line, extending from' the front yard, or front lot line where no
front yard is required, to the rear yard; the width of the required
side yard shall.,be.measured horizontally from the nearest point of
the side lot line toward the nearest part of a main building.
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Section 3.00 DISTRICTS: In order to carry out the purpose and
provisions of this Ordinance, the Town is hereby divided into
districts, known as;
FULL NIUE SHORT NAME
"Rlte Single-family District "Rlrt District
118211 Multiple-family District 1tR211 District
11R3t1 Multiple-family District t'R311 District
"C111 'Neighborhood Commercial District '.?C111 District
ttCatt Div c; Center ;D strict tic Cit District
110211 General,:Commercia.l:..District 17C211 District
ttM]_ tr Light Industrial District I!MlIt District
1ti,i2lt Heavy Industrial District !!M211 District
Section .Ol COMBINING REGUZ~LTIOl~FS. In addition to the foregoing
districts certain combining regulations are established as set
forth in this ordinance, said combining regulations being as
follows, to wit
FULL NATIU!, SHORT NAlE
IIA*1 Agricultural Zoning area "A.'? District
"B" Special Building Site Zoning Area. "B" District
??Ste Special. Zoning Area "Sit District
Section 3.02 The districts aforesaid and the boundaries of such
districts are shovm; upon the map attached hereto and made a par t
of this ordinance, being designated as the ?'Zoning Map of the
loom of Los Gatos," toget per with "Sectional District Map of the
Town of Los Gatos" supplementary thereto, including an "Index Map"
to said sectional district maps. Said map and all notations,
references and other information shown thereon shall be as much a
part of this ordinance as if thematters and information set forth
by said map,wer.e all fully described herein.
Section 3.03 Whenever the terms ItRrt District, t1C" District or
District are. used herein, they ..shall be `deemed to refer to all
districts containing the same letter in their names, for example,'
the term 'ttC" ,District shall include the "ClitJCCIt" hd 1C271Districts.
Section 3.04 The, ?1R111 District" is the most restricted and the II 2" '
District is the least restricted.
Section 3.05 For "Genes°al Provisions" and. "Exceptions?' pertaining
to the following district regulations, see. Sections 15.00 and
1 Vii. 00
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Section 4.00 77F-177 SINGLE-.FAMILY DISTRICT:
Section 4.01 The `following regulations shall apply in the Y7R-177
Single-:family District:
Section 4.02 USE: No building, structure or land shall be used and
no building or. structure shall be hereafter erected, structurally
altered or enlarged, except for the following uses:
Section L.03 Single-family dwelling.
Section 4.04 Farming and truck gardening, if in compliance with all
otherW aws and ordinances pertaining to the Town.
Section x,05 CHURCHES: (Except rescue mission or temporary revival)
provided all the following conditions are met:
(a) Yards: _Front Yard o • • 25 feet
Side Yards • • . . • • . 25 feet
Rear Yards . . s • . . • . . . 20 seen
(b) A public parking area shall be provided on the basis of one
automobile parking space for each five persons provided with seats
in the church, such area to be improved as provided in Section
15.02.2.
(c) Front yard and side yard areas shall be improved and land-
scaped in a manner similar to the balance of residential property
in the neighborhood.
Section 4.06 Transitional uses shall be permitted in the 77R-117
District where a lot sideline abuts upon a lot in a "C" or "MIT
District, provided such transitional use does not extend more than
one hundred (300) feet from the boundary of the less restricted
district which.it adjoins,.as 'follows:'
(a) Two-family dwelling with the same area requirements as in
the 77R-211 District.
(b) Professional office, such as that of an Accountant, Architect,
Artist, Attorney, Dentist, Doctor, (physician, surgeon, chiropractor,
chiropodist), Engineer, (registered) Surveyor, (licensed), provided
such use is conducted within a dwelling and the residential character
of such dwelling is not changed,
(c) Public parking area or loading area when located and developed
as required in Section 15„02.2.
Section 4.07 CONDITIONAL USES: The following uses may also be
permitted if their location is first approved by the commission,
as provided for in Section 18.00: School (Elementary and High); and
park, playground or community center, owned and operated by a
governmental agency or a non-profit community organization; golf
course (except driving tee or range, miniature course and similar
uses operated for commercial purposes.); and swimming pool, either
public or private.
Section 4.08 Uses customarily incident to any of the above uses,
including home occupations such as that of a dressmaker, milliner,
artist, physician, surgeon, dentist, minister of religion, or other
person authorized by law to practice medicine or healing, provided:
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(a) that such use shall not be interpreted topermit a principal
office for the practice of medicine, surgery, dentistry, or
healing; and
(b) that there shall be no assistants employed.'
Section 4.09 Accessory building, not exceeding one (1) story nor
`ourteen (14) feet in height; provided such accessory building
(a) shall be located on the rear half of the lot,
(b) shall not be less than ten (10) feet from the rear of a main
building located on the same lot;
(c) shall be not less than five (5) feet from any street line;
(d) may occupy not more than forty (40) per cent of the area of
a required rear yard;
(e) when located at the side of a main building, shall be not less
than rive (5) feet from the main building nor less than five (5)
feet from the side lot line;
(f) when located on a reversed corner lot, shall not project
beyond the front yard line required on the lot in the rear of such
lot, and shall not be closer than five (5) feet from the side line
along the front half of the adjoining key lot.
(g) vhen located on A lot having a'slope of twenty-five per cent
(250) or- `-more, said accessory building may be located in the
required front yard, provided every portion thereof is located at
least five (5) feet from the front line and does not occupy more
than fifty-per cent (50%) of the width of the front yard.;
(h) no garage shall be located closer, than three (3), feet to any,
side lot line.
(i) breezeways may be permitted to provide shelter between
buildings.
Section '4.10 NAB E PLA'T'ES AND SIGNS: The following' name plates` and
signs shall be permitted; one name plate for each dwelling unit}
not exceeding one and one-half (1-1/2) square feet in area, in-
dicating the name of the occupant; one identification sign not
exceeding twelve (12) square feet in area for buildings other than
dwellings; one church bulletin board, not exceeding eighteen (18)
square feet in area; a sign or signs not exceeding a total area of
twelve (12) square feet, appertaining to the prospective rental or
sale of the property on which they are located; provided, that a
name plate or identification sign shall be attached to and parallel
with the front wall of the building.
Section 4.11 AUT0140BILE PARKING
Section 4.12 FOR DWELLINGS: There shall be provided at the time of
erection of any dwe ling,at least one (1) permanently maintained
parking spaces on the same lot with the dwelling. Such parkin
space shall be not less than ten (10) feet wide and twenty (20~
feet long with adequate
provision for in F2) ess and egress. In no
case shall the parking of more than two passenger automobiles
for each dwelling be permitted unless the lot whereon such parking
is located has an area of at least two thousand (2000) square feet
for each parking space. Private parking areas shall be located in
accordance with requirements for accessory buildings in this section.
No automobile driveway to provide access shall be less than ten (10)
feet in width.
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Section 4.13 FOR BUILDINGS OTHER THAN DIATLLINGS: For church auditorium
and school auditoriums, t ere shall be prow ed at the time of erection
of a new building, or for an addition to an existing main building,
at least one (1) permanently maintained parking space having a gross
area of not less than two hundred fifty (250) square feet for every
five (5) persons provided with seats in said building. Said parking
space shall be located on the same lot as the main building.
Section .1 x' F UIRRED ITVIPROVEI~,,TENTS: The above parking areas shall be
improved as provided in Section 15,02.2.
Section 46,15 HEIGHT: No building or structure shall hereafter be
erected to exceed two and one-half (2-1/2) stories or thirty-five
(35) feet in height.
Section 4.16 AREA: No building or structure non the enlargement of'
any building or structure shall be hereafter erected unless the
following yards and lot areas are provided and maintained in conn-
ection with such building, or structure or enlargement:
Section 4.17 FRONT YARD: There shall be a front yard of not less
than ti%renty-'give 2 . feet; however, where lots comprising forty
per cent (40%) or more of the frontage in any one block, Texcluding
reversed corner lots) are developed with buildings having front yards
with a variation of not more than ten (10) feet in depth, the
average of such front yards shall establish the front yard depth
for the entire frontage. In determining such front yard depth,
buildings located entirely on the rear one-half of a lot shall not
be counted. In no case shall any building be erected in a location
encroaching into the future street area as determined by established
street lines,
Section 4.18 SIDE YARDS: On interior lots there shall be a side yard
on each side of a main building of not less than ten per cent (10%)
of the width of the lot, but such side yard need not exceed six (6)
feet. In no case, however, shall a side yard be less than four (4)
feet in width.
Section 4.18.1 On corner lots the side yard regulation shall be the
same as for interior lots, except on the street side of a corner
or a reversed corner lot in which case the.side yard shall be not
less than fifty per cent (50;6) of the front yard required on the
lots in the rear of such corner lot, but such side yard need not
exceed ten (10) feet, nor shall it be less than the side yard
required on the interior lots.
Section 4.18.2 Pro=sided, however, that this regulation shall not be
so interpreted as to reduce the buildable width (after providing
the required interior side yard) of a reversed corner lot of record
at the time this ordinance became effective, to less than twenty-.
eight (28) feet for a main building, nor less than twenty (20) feet
for an accessory building.
Section 4 .19 REAR YARD: There shall be a rear yard of not less than
twenty per cent (201,1o) of the depth of the lot but such rear yard
need not exceed twenty (20) feet.
Section 4.20 LOT AREA.: Every lot shall have a minimum average width
of Sixty ( 0 feet and a minimum of Six thousand (6000) square feet.
The minimum lot area per dwelling unit shall also be six thousand
(6000) square feet, except for transitional dwelling uses
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Section 1.20.1 Provided that where a lot has a width of less than
sixty 6707-feet or an area of less than six thousand (6000) square
feet, and was recorded under one ownership at the time this
ordinance became effective, such lot may be occupied by any use
permitted in this section.
Section 4.20.2 Provided further, that where a parcel of land.
(a) has a frontage width of less than one hundred twenty (120),
feet, but not less than one hundred ten (110) feet;
(b) has an area of not less than twelve thousand (12,000) square
feet; and
(c) was held under separate ownership at the time this ordinance
became effective, said parcel may be equally divided into two
separate lots, and each may be occupied as an individual lot as
permitted in this section.
Section 4.21 MAXIMUTIJ1 MIAIN BUILDING COVERAGE: Thirty-five (351'0) per
cent off` the of area.
• •
Section 5.00 "R-2.44 14ULTIPLE-FAMILY DISTRICT
Section 5.01 The following regulations shall apply in the "R-244
Multiple-family District'.
Section 5.02 USE: No building, structure or land shall be used and
no building or structure shall be hereafter erected, structurally
altered or enlarged, except for the following uses:
Section 5.03 Any use permitted in the "R-144 Single-family District,
under the same terms and conditions as provided in Section 4.00.
Section 5.04 Two-family dwelling
Section 5.05 Multiple-family dwelling
Section 5.06 Transitional uses shall be permitted in the 11R-211
District where the side of a lot abuts upon a lot in a "C44 or Mitt
District, provided such transitional use does not extend more than
one hundred (100) feet. from the boundary of the less restricted
district which it adjoins, as follows:
(a) Multiple-family dwelling with a minimum lot area per dwelling
unit of eight hundred (800) square feetc
(b) Professional office, provided such use is conducted 1ATithin a
dwelling and the residential character of such dwelling is not
changed.
(c) Public parking or loading area when located and developed as
required in Section 15,02.2.
Section 5.07 Uses customarily incident to any of the above uses--same
as "R-181 District.
Section 5.08 Accessory building--same as "R-111 District.
Section 5.09 Name plate and sign---same as.'IR-111 District.
Suction 5.10 AUTOMOBILE PARKING: For single family and two family
dwel iiRgs--same as IT- ff District. Not less than one (1) per-
manently maintained parking space shall be provided for each
dwelling unit. Such space shall be on the same lot with the
dwelling. Such parking space shall be not less than ten (10) feet
wide and twenty (20) feet long with adequate provision for ingress
and egress. No driveway shall be less than ten (10) feet in width..
All parking areas for multiple dwellings shall be improved as
provided in Section 15.02.1.
Section 5.11 HEIGHT: No building or structure shall hereafter be
erectea to exceed two and one-half (2 1/2) stories or thirty-five
(35) feet in height.
Section 5.12 AREA: No building or structure shall hereafter be
erected unless the following yards and lot areas are provided and
maintained in connection with such `building, structure or enlargement.
Section 5.13 FRONT YARD: Same as required in "R-148 District.
Section 5.14 SIDE YARD: Same as required in "R-111 District..
Section 5.15 REAR YARD: Same as required in "R-11' District.
Section 5.16 LOT AREA Every lot shall have a minimum avera e
width. of sixty feet and minimum area of six thousand 6000)
square feet. For two-family dwellings the minimum lot area shall
be eight thousand (8000) square feet. For multiple-family dwellings
the minimum lot area per dwelling unit shall be two thousand
(2000) square feet; provided however, that no multiple-family
dwelling shall be erected on a lot having an area of less than
eight thousand (8000) square feet.
Section .16.1 Provided, that where a lot has a width of less than
sixty feet or an area of less than six thousand (6000) square
feet, and was recorded under one ownership at the time this
ordinance became effective, such lot may be occupied by any use
permitted in this section.
Section 5.17 11A.X3"tUUlir MAIN BUILDING COVERAGE: Forty-five (45%) per
cent of lot area.
s
Section 6.00 "R-3" MULTIPLE-FAMILY DISTRICT
Section 6.01 The following regulations shall apply in the 11R-3"
Multiple--family Districts:
Section 6.02 USE: No building, structure or land shall be used and
no building or structure shall be. hereafter erected, structurally
altered or enlarged; except for the following uses
Section 6.03 Any use permitted in the nR-241 Multiple-family District,
under the same terms and conditions as provided in Section 5.00.
Section 6.04 Group dwellings:
Section 6.05 Court Apartment..
Section 6.06 Apartment Hotel.
Section 6.07 Hotel, in which incidental business may be conducted
only as a service for the persons living therein, provided there
is no entrance to such place of business except from the inside of
the building and that no sign advertising such business shall be
visible from the outside of the building.
Section 6.08 Boarding or lodging house.
Section 6.Og School, elementary, and high.
Section 6.10 Hospital, sanitarium or rest home. No animal hospital
or clinic, and no hospital or sanitarium for contagious, mental or
drug or liquor-addict-cases shall be allowed.
Section 6.11. Institution of an educational or philanthropic nature,
except those of a correctional nature or for mental cases.
Section 6.12 Church, except rescue mission or temporary revival.
Section 6.13 Private club, lodge, fraternity or sorority except those
the chief activity of which is a service customarily carried on as
a business.
Section 6.14 Transitional uses.shall be permitted in the "R-37 District
where the side of a lot abuts upon a lot in a' f4Ct4 or "Mil District,
provided such transitional use does not extend more than one
hundred (100) feet from the boundary of the less restricted District
which it adjoins, as follows:
(a) Professional office, provided such use is conducted within a
dwelling and:the residential character of such dwelling is not
changed.
(b) Public.parking`area. or loading area when located and developed
as required in Section 15.02.2.
Section 6.15 Uses customari.l incident to any of the above uses
excluding home occupation~ and the home office of a physician,
surgeon, dentist, minister of religion or other person authorized
by law to practice medicine or healing, provided
-15
(a) that such use shall not be interpreted to permit a principal
office for the practice of medicine, surgery, dentistry, or
healing; and
(b) that there shall be no assistants employed.
Section 6.16 Accessory building--same as "R-111 District.
Section 6.17 Name plate and sign--as permitted in the t/R-111 District
and also the following: One identification sign not exceeding
three (3) square feet in area for Boarding and Lodging Houses; one
lighted identification si (excluding illuminated sign of the,
flashing or animated typenot exceeding twelve (I2) square feet
in area for multiple dwellings having four (4) or more dwelling
units and for buildings other than dwellings.
Section 6.18 AUTUMOBILE PARKING AND LOADING AREAS:
S€ftion 6.19 PARKING SPACE FOR DWELLINGS: For single-family and
two- Ti-Maly dwellings -same as i1R-1?i District. For multiple
family dwellings, there shall be provided at the time of erection
of a new dwelling or an additon to an existing dwelling at least
one permanently maintained parking s ace having a gross area of
not less than two hundred fifty (250 square feet for each
d%relling unit. Private parking areas shall be located as required
for the accessory building.
Section 6.20 PARKING SPACE FCC BUILDINGS OTHER THAN DWELLINGS: For
a new building or or an addition to an existing main .bui ding or
structure, there shall be at least one (1) permanently maintained
parking space having a gross area of not less than two hundred-
fifty (250) square feet as follows:
(a) For hospitals and welfare institutions, at least one (1)
parking space for every eight hundred (800) square feet of gross
floor area in said buildings..:
(b) For hotels..apartment hotels and clubs, at least one (1)
parking space for every two (2) individual guest rooms or suites
for the first twenty (20) such rooms or suites; and one (1)
additional parking space for every four ' (4) guest rooms or suites
in excess of twenty (20),: provided in said buildings. The
required parking space shall be located on the same lot with the
main building or structure.
(c) The driveway to any.garage or parking space located on the
rear half of any lot used for a multiple dwelling use shall have
a minimum width of eighteen (18) feet.
Section 6.21 LOADING AREAS: Every hospital, institution or hotel
hereafter erected or established on a lot which abuts upon an alley
shall have one (1) permanently maintained loading space of not less
than ten (10) feet in,width, thirty (30) feet in length and four-
teen (14) feet in height, for each five thousand (5000) square
feet of lot area upon. which said building is located.
Section 6.22 REQUIRED D1PRU11E:1~JNTS. Parking and loading areas shall
be improved as provided. in. Section 15.02.2.
-16-
s •
Section 6.23 HEIGHT
: No building or structure shall hereafter be
erected o exceed a: height at the required front side and re
yard lines of six (6) stories or seventy-five (?5` ' ao
the height permitted at such yard lines" four feet feet, but above
to the ~reight of a building for each „may be added
g ch one ( l ) P oat that the build-
ing or portion thereof is set back from the required yard lines;
provided, however, that the cubical contents of such building shall
not exceed the cubical contents of a prism, having a base equal to
the buildable area of the lot and a height of seventy-five ('75;
feet.
Section 6.24 AREA: No building or structure nor the enlargement of
any building structure shall be hereafter erected unless the
following yards and lot areas are provided and maintained in conn-
ection with such building, structure or enlargement:
Section 6.25 FRONT YARD There shall be a. front yard of not less
than fifteen per cent (15a) of the depth of the lot, but such front
yard need not exceed fifteen 1') feet
~ 5e . Provided, h of at
where lots comprising forty per cent (4 oweve or more
♦p~~of the~Frontage
(excluding reversed corner lots) are developed with buildings
having front yards with a variation of not 3 ore than ten '10) feet
in depth the average of c front front, yard dept?, buildings located aentirely aon thearear honthe
e-half
of a lot shall not be counted.
Section 6.26 SIDE vaADS: For buildings two and one-half (2 1/2
stories or ess Same as rs_1?a ,
District. For buildings more than
two and one-half (2 1,2) stories in height, ore (1) foot sh-alI be
added for each additional story from the third to the sixth in-
Clusive.
Section 6.26.1 On corner lots the side yard regulation shall be the
same as the .11-R-111 District
Section 6.26.2 Foy group dwellings or court apartments the required
side yards shall be increased one (1) foot for each dwelling unit
or portion thereof abutting such side yard, but said side yard need
not exceed nine (9) feet. The average width of the court between
the fronts of the buildings shall be not less than three (3) times
the zv dth of the side yaL~ d required in this provisions provided,
however, that where a dr- veway is located in said couurt ty e width
idtf?
'
y. to the width yry
thereof shall be in adC.i;'9on to the of such cc,iru
vection 6.20.E nor group C~wel ~lsgS and co-art apartment„ Uth- t° ti»
1~...mun.
I Cy ance between dY ~s e * s ~eliings which side ~
U /t
I than (lv ' ~P./+1 o one tsdta"" be not
in es s
all i-1other ten ~~'Y feet, -he yy, `p yy~nvl"Y !yiyG2lac~'4 ^y 'y~
i1Y 1 cu~v , C~ L111 d.n.L ~L"r l._v~ve ~14eCGN v~Jew~ Inp'S
be - , es except ,%,here vtid'er courts are rev ^e+µ sh~~v~
-not less vA.'.G.aS~ twenty nP _zty (20) feet. The ito //^^~~~ne and reiar A...
~d~ry _~°e-
~
A firemenis for lots + one district i x~,y, 's.ch s'~cY'' ~;J' a
r.ovctved. 4d:a1 I e .~Yil• ~'~3e1... 'ts''-'' aW'e.
a s!', , be complied co to npleo wit-h. The s~'ae yarf?
listed oa 1 uses
in Sec`i tJ. o~'fs °
r .Lr~o 6.'3, inclusive, shall be ~tibrenty-'Liv
r feet.
i y
_St ,J .I 0n 6 c 2 9 i:L .
tS ant There shall be a rear t than
r J cen the J~
~o~ po,~~,.f~~.~Act.Yi of c,~Ye lot gut such rear
~eed ._o~eL:,v ~ S'' ~jv
feet t ~ for corner s ~;e~ ty ~ .,.,~J ;r ~':t for 1e3"'.£.JW lC~L a", Yiu ^ fifteen '15 n~ R
..~Vv S. i
_1r
1 -
Section 6,2$ LOT AREA: Every lot shall have a minimum average width
of sixty (6 eet and minimum area of six thousand (6000) square
feet. Provided, that where a'lot has a width of less than sixty
(60) feet or an area of less than six thousand (6000) square feet
and was recorded under one ownership at the time this ordinance
became effective, such lot may be occupied by any use permitted
in this Sections
(a) The minimum lot area for a single-family dwelling shall be
six thousand (6000) square feet.
-(b) The minimum lot area for a two-family dwelling shall be eight
thousand ($000) square feet.
(c) No multiple-family dwelling shall be erected on a lot having
an area of less than eight thousand (8000) square feet; provided
however, that in multiple-family dwellings having four or more units
there need be provided only 1000 square feet of lot area for each
unit in excess of four.
Section 6.29 DrIAI JR4 MAIN BUILDING COVERAGE: Fifty (50%) per cent of
lot area,
~1$_
Section 7.00 }'C-11' NEIGHBOriHOOD CCIIIDERCIAL DISTRICT:
Section 7.01 The following regulations shall apply in the nC-111
NeighborHood Commercial District:
Section 7.02 USE: No building, structure or land shall be. used and
no building or structure shall be hereafter erected, structurally
altered or enlarged except for the following uses:
Section 7.03 Any use permitted in the "yet-3" Kultiple-family District.
Section 7.04 Art or Antique Shop, limited to retail sales only.
,Section 7.05 Automobile service station.
Section 7.06 Bakery.
Section 7.07 Bank.
Section 7.08 Barber shop or beauty parlor.
Section 7.09 Book or stationery store.
Section 7.10 Clothes cleaning agency or pressing establishment.
Section 7.11 Confectionery Store.
Section 7.12 Custom dressmaking or millinery shop.
Section 7.13 Drug store.
Section 7.14 Dry goods or notions store.
Section 7.15 Florist or gift shop.
Section 7.16 Grocery, fruit, or vegetable store.
Section 7.17 Hardware or electric appliance store.
Section 7.18 Jewelry store.
Section 7.19 Laundry, laundry agency or launderette.
Section 7020 'vTeat market or delicatessen store.
Section 7.21 Office, business or professional.
Section 7.22 Photographer., studio or store.
Section 7.23 Fublic parking area, when located and developed as
required in Section 15.02.2.
Section 7.24 Radio or television store.
Section 7.<25 Restaurants, tea room or cafe excluding dancing and
entertainment.
Section 7.26 Shoe store or shoe repair shop.
Section 7.27 -,vdmmir-g pool, public or private.
Section 7.25 Tailor, clothing or wearing apparel shop.
Section 7.29 Other use similar to the above, as provided for in
Section15.00.
Section 7.30 Uses customarily incident to any of the above uses and
accessory buildings when located on the same lot, including a
storage garage for the exclusive use `of the patrons of the above
-19-
Section 7®30 (Continued) stores or businesses, providing such accessory
buildings shall 'not be located nearer than five (51 feet to the
main building nor.n.earer than teen (1-0) feet to the rear lot line
or to the center line,af an alley,; if any.
Se97.31 The above specified stares, shops or businesses shall be
retail stablishments;selling new merchandise exclusively and shall
be permitted only under the following conditions:
(a) Such stores, shops or businesses except automobile service
stations shall be conducted wholly within an enclosed building.
,(b) All products, produced, whether primary or incidental, shall.
oe sold at retail on the premises*
(c) Such uses, operation or.products.shall not be objectionable
due to
odor, dust
smoke, noise, vibration or other. similar causes.
No auction shop, merchandise liquidator, surplus or salvage outlet I
or..store, second hand store or close-out store, or other business
o"f a similar type or nature shall be operated in a "C-111 Neighbor-
hood Commercial District,
(d) Any exterior sign displayed shall pertain only to a use con-
ducted within the building; shall be attached flat against a wall
of the building and parallel with its horizontal dimension and
shall front the principal street,' a parking area in the rear, or
in the case of a corner building on that portion of the side
street within fifty (50) feet of the principal street. In no case
shall a sign project above the roof line.
(e) No building or structure designed for or intended to be used, '
i` or which has been used as a dwelling shall be used for the conduct
of any business, store or shop in the "C-111 Neighborhood Commercial
District; providing however that any business use existing,in a.,
dwelling in a "C-111, IfCC s,, "'C-2" or I'M-l" District at the time of
the adoption of this. Ordinance shall...be considered as an existing
use, but may not be extended, expanded, Enlarged or changed to any
other use unless and until a permit for-such extension, expansion,
enlargement or change in use is first obtained as provided in
Section 18.00.
(f) No building used for residential purposes in a ItC-1" Neighbor-
hood Commercial District shall. in any way have its yard areas
reduced in size from those which existed at the time of the adoption
of this ordinance.
Section 7.~2 AUTOMOBILE PARKING AND LOADING AREAS: Parking space for
dwellings and or buildings other than dwellings.
Section 7.33 For Single-family and Two-family dwellings, same as 'tR-111.
For Multiple dwellings, and buildings other than dwellings permitted
in the "R" District, automobile parking space shall be provided in
conformity with the requirements for the ?'R.-3n District.
Section 7.3t PARKING SPACE FOR.COMVIERCIAL BUILDINGS: For Commercial
Buildings there sha11 be provided at least three (3) parking spaces
for every two hundred fifty (250) square feet of gross floor area
R exclusive of floor area used for automobile parking space.
Section 7--~ Parking space as required above shall be on the same lot
with t.at main building ~
o
or structure. All parking areas
sh
1 all be
provided with adequate ingress and egress from a public street or
III'
approved right-of-way.
-
-20
~I~
0 0
SeCt~.on 7.36 l.,(~~DIAT"' r
E`A: eery hospita, instit~~tion, hotel, and
co~~mercial building herea ter erected or established on a lot which
abuts upon an alley shall have one 1) Der l
loading space of not less than ten (1G f manent,_y maintained
feet in length and, fourteen ) set in dridth., thirty (30)
thousand n (14) Beet in height, for each five
is 1 (5000) square feet of lot area upon which said building
ocated
Section 7.37 The above parkin' and loading areas shall be improved as
provided in Section 15.00®
Sect~.on 7Q3~ HEIGHT: No building or st.
erected` to exceed two and one-half t`21
~/2 )e for l h o ehirt be
(35) feet in heyght, stories or thirty-five
Section 7.3g AREA: No building or structure nor the enlargement of
any building -or structure shall be hereafter
follo€v'ing yards and lot areas are erected unless the
c6,nnection with such buildin provided and _maintained in
gs structure or enlargement :
Se FRGNT YARD: Same as required in the 'a-111 District.
;section 7, SIDE YARDS Ianere the side of a lot ~ Yr gt
abuts ucon the side of a lob in an arT~s in the 0'-1 District
side yard of not less than ten per -~'n District-, there shall be a
ho d }6ofethe et®~Yidth of the
lot) but such side yard need not exceed six
wever, shall aside m n no case,
yard oe less t~~a~, three (3; seet i pmidt.h.
Section 7.41.1 AThere a reversed corner lot rears upon the side- of
lot in an T4Rrs District, the side yard on the street side of then
reversed corner lot shall be the same as required for °8R-l" District.
Section 7.41.2 Buildings hereafter erected and used exclusively f
awellan9 purposes shall comply with the side yard regulations of
the 11R-111 District.
Section -7,-42 REAR YARD: There shall be a rear yard of not less than
ten per cent Q 7,Tof the depth of the lot but such rear yard need
not exceed ten (10) .feet.
Section 7.43 '0T AREA: Buildings hereafter erected and uses? Y7h
or partly for d-w-e ling purposes shall comply Tr; ' th oily
requirement n~re residential lot f = area
s of the least restricted ad°oini
~ sid~ntial c~strict.
-21-
Section $.00 11CC11 CIVIC CENTER DISTRICT
Section $.01 The following regulations shall apply in the "CC" Civic
Center District:
Section $.02 USE: No building, structure or land shall be used and
no building or structure shall be hereafter erected, structurally
altered or enlarged except for the following uses:
Section $,03 Any use permitted in a 1$C-111 Neighborhood Commercial
District as specified in Section 7.03 _ through Sections 7.31 (f)
of this Ordinance inclusive:
Section 8.04 AUTOLMOBILE PARKING AND LOADING AREAS: Parking space for
dwe1 lings.
Section $.G5 For Single-family; and Two-family dwellings, sane as
;H-141. For 'Multiple -dwellings, and buildings other than dwellings
permitted in the 11811 District, automobile parking space shall be
provided in conformity, with the requirements for the "R-311 District.
Section 8.06 LOADIi~G ARE. : Every hospital, restitution, hotel, and
commercial ;building hereafter erected or established on a lot
o.hich abuts upon an alley shall have one (1) permanently maintained
loading space of not less than ten (10) feet in width, thirty (30)
feet in length and fourteen (111_;', feet in height, for eae--i five
ti ous.and ( 500 square feet of lot area upon 1vinich said building
is loca.tedo
Section $.07 The above loading area shall be improved as provided in
Section 15.00
Section 5.0$ HEIGHT: No building or structure shall hereafter be
erected to exceed two and one-half (2 1/2) stories or thirty-five
(35) feet in height.
Section $.09 AREA: No building or structure nor the enlargement of
any building or structure shall„be °hereafter erected unless the
following yards and lot` areas are provided and maintained in
connection with such`building, structure or enlargement.
Section $.10 FRONT, Y M: Same as required,in the 1tC-21t District.
Section $.11 SIDE YARDS: None ,
Section 8.12 REAR YARD: There. shall be a rear : yard of not less than
ten per cent (10 o of t;he depth of the lot, but such rear yard need
not exceed ten (10) feet in depth.
Section $.13 LOT 'AREA: Bu ld ngs hereafter erected and used wholly or
partly or ~7-e ing purposes shall comply with the lot area require-
cents of the least restricted` adjoining residential district.
0 0
Section 9.00 fC-2"' l`l px' J. C'11u1L- sRC.4T.'AI 1)Z T Y
Section 9.01 The followin • regulations shall a-~,
pay in the IsC-21r
General Coim, ercial -District.
Section 9.02 USE: x~o buildi:n-, structure or land shall be used and
no building or structure shall be hereafter erected, structurally
altered or enlarged, except for the following uses:
Section 9.03 ,,any use permitted in the "C-111 Neighborhood Commercial
District and "CC?? Civic Center District, except automobile service
stations and residential buildings; lvAnich may be allowed upon the
securing of a use permit as provided in Section 1$.00. INI`o building
or structure desizned for or intended to be used or which has been
used as a dwelling shad be used for the conduct of any business,
store or shop in the IIC-2"f General Commercial District, providing
however that any business use existing in a dwelling in a
"CC, "C-211 or fpM-11t District at the time of the adoption of this
Or4inance shall be considered as an Existing Use, but may not be
extended, expanded, enlarged or changed to any other use unless
and until a permit for such extension, expansion, enlargement or
change in use is first obtained as provided in Section 18.00. To
building used for residential purposes in a "C-211 General Commercial
District shall in any way have its yard areas reduced in size from
those which existed at the time of the adoption of this Ordinance.
Section 9.04 Retail store or business.
Section 9.05 AuditoriLn-,.
Section 9.06 Baths, turkish and the like.
Section 9.07 Bird store, pet shop or taxidermist.
Section 9.08 Business college or private school operated as a
commercial enterprise.
Section 9.09 Blueprinting, photostating, photo developing and
printing.
Section 9.10 Catering establishment.
Section 9.11 Department, furniture or appliance store. '
Section 9.12 Drive-in business where persons are served in'auto-
mobiles, such as a refreshment stand, restaurant, and the like.
Section 9.13 film exchange.
Section 9.14 AFrozen food locker, excluding iholesale storage.
Section 9.15 Hospita 1, or sanitarium (except animal hospital)
Section 9.16 ice storage house, (not more than five 45) tons capacity);
and ice cream processing.
Section 9.17 interior decorating store.
Section 9.18 ,-edical or dental clinic and laboratory.
Section 9.19 liusic conservatory or music instruction.
Section 9.20 Aewstand.
-23-
Section 9.21 Nursery, flower or plant, providing that all incidental
equipment and supplies, including fertilizer and emptT, cans, are
kept within a building.
Section 9.22 Pawnshop=
Section 9.23: Pony riding.'ring, without stabled
Section 9.2 Printing, lithographing or publishing.
Section 9.25 Public services, including electric distributing sub-
station, telephone exchange and the like.
Section 9.26 Sign painting shop, if conducted wholly within a
completely enclosedi,building.
Section 9.27 Studio of radio, television, motion picture and the like..
Sect 6n-9.28 Swimming pool, public ;or private,, if first approved by
the Commission as provided in Section 15.00®
Section 9.29. Theatre.
Section 9.30 Tourist court
Section 9.31 Trade school, if not objectionable due to noise, odor,
vibration, or other similar causes.
Section 9.32 I'Iedding chapel, rescue mission or temporary revival church.
Section 9.33 'V'T'nolesale merchandise broker, excluding vholesale storage.
Section .3 Other uses similar to the above as provided in Section
Section 9.35 The following uses may also'be permitted if their location
is first approved by the Commission, as provided for in Section 18.00.
Advertising sign or billboard (if-.not-otherwise prohibited by Town
Ordinance), automobile service sttion, automobile and trailer
sales area,'.carpenter shop (including cabinet shop or furniture
manufacture), if conducted wholly within a completely enclosed
building, cleaning establishment, feed or fuel stone, mortuary or
funeral home, plumbing or'sheet metal shop (if conducted wholly
within a completely enclosed building), tire shop operated wholly
within a building, trailer camp or public camp, animal.hospital,
public garage (including automobile repairing if all o erations are
conducted wholly within a completely enclosed building, up-
holstering shop (if conducted wholly within a completely enclosed
building); baseball or football stadium, amusement enterprises
(including a billiard or pool hall, bowling alley, boxing arena,
dance hall, games of skill and science, penny arcade, shooting
gallery, and the like, if conducted wholly within a completely
enclosed building), circus or 'amusement enterprise of a similar
type, transient in character.
Section 9.q6 :,uses custor arily incident to any of the above uses when
located on the same lot.
Section 9.37 The uses listed in Section 9.35 shall be permitted only
under the following conditions.
-24-
(a) There shall be ' no rmanufactuxe, co:rpounding, processing or
treatment of products other than that which is clearly incidental
and essential to a retail store` or business and where all such
products are sold at retail on the premises.
(b) Such uses, operations or products shall not be objectionable
due to odor, dust, smoke, noise, vibration or other similar causes.
(c) All those uses listed in Section 9.35 which at the time of
adoption of this Ordinance actually exist in any M-244 District as
shown upon the ".Zoning dap of the Town of Los Gatos4... which said
map is referred to in Section 3.02 of this.Ordinance, shall be
considered as lawful uses in the "C-244 District, and shall be
considered as conforming to all the regulations of this Ordinance.
Section 9.38 AUTOMOBILE PARKING AND LOADING AREA: There shall be
provided one permanently maintained parking space having a gross
area of not less than two hundred fifty (250) square feet for the
-fall owing
(a) For tourist courts, one (1) parking space for each individual
sleeping or living unit; and
(b) For theaters, eneral auditoriums, stadiums and similar places
of assembly, one (1) parking space for every ten (10) seats in
said building.
Section 9.39 HEIGHT: No building or structure shall hereafter be
erected to exceed six (6), stories or seventy-five (75; feet in
height.
Section .40 AREA: No building or structure nor the enlargement of
any building or structure shall be hereafter erected unless the
following yards and.lot areas are provided and maintained in con-
nection with such building, structure or enlargement.
Section 9.41 FRONT YARD: Where all the frontage is located in the
.??C_244 `District., no front, yard 'shall be required. Where the
frontage is located partly.in the nC-211 District, and partly in
the ttR" District, the front yard requirement of the t1R11 District
.shall apply in the t'C-214 District.
Section 9.42 SIDE YARD: None
Section 9.43 REAR YARDS: There shall be a rear yard of not less than
ten per cent :0'o of the depth of the lot, but such rear yard
need not exceed ten (10) feet in depth.
Section .43.1 Buildings hereafter erected and used exclusively for
dwelling purposes shall comply with the rear yard and parking
regulations of the "R-144 District.
Section 9.44 LOT AREA:, Buildings hereafter erected and used wholly
or partly or dwe ling,purposes shall comply with the lot area
requirements of the ttR-244 District; except that a tourist court,
wherever permitted under the regulations of this ordinance shall
have a lot area of not less than one thousand (1000) square feet
for each individual sleeping or living unit.
i
0
Section 10.00 I'M-1" LIGHT INDUSTRIAL DISTRICT
Section 10.01 The following regulations shall apply in the I'M-111
Light Muustrial District:
Section 10.02 USE. No building, structure or land shall be used and
no-bui .ing or structure shall be hereafter erected, structurally
altered or enlarged except for the following uses:
Section 10.03 Any use permitted in the''"C" Business District, except
dwellings which may be'allowed upon securing of .a Use Permit as
provided in Section 18.00. No building or structure'designed for
or intended to be used.or which has been use&as a'dwelling shall
be used for the conduct of any business, "store or shop in the "M-ln
Light Industrial District, providing however that any business
use existing in a dwelling in a`IC-111, "CC",' IC-2'"-"or "M-1" District
at the.time of the adoption of this Ordinance' shall: be considered
as An Existing Use,''but may not be extended, expanded,.enlarged or
changed to'any other use unless and until a permit'for such exten-
8101d, expansion, enlargement or change in use is first obtained as
provided in Section 1$,00,
Section 10.0 1 Uses to be conducted wholly within a completely en-
closed building except for,the onsite parking of delivery vehicles
which are incidental thereto.
(a) The manufacture of pottery and figurines or other similar
ceramic products, using only previously pulverized clay, and
kilns fired only by electricity or gas.
(b) The bmanufacture and
ommercial maintenance of and neon signs,
g structures, light sheet-metal
products, including heating and ventilating ducts and equipment,
cornices, eaves and the like.
fc.) Automobile Assembling,-
`painting, , upholstering, rebuiading,
reconditioning,' body and fender works, truck repairing or'
overhauling,"tire retreader or recapping, battery manufacturing
and the like.
(d) Blacksmith shop and machine shop -excludingpunch'presses
over twenty (20) tons rated capacity, drop hammers, and auto-
matic screw machines.
(e) Foundry casting lightweight non-ferrous metal not causing
noxious fumes, noise or odors.
(f) Cleaning and dyeing works, and carpet and rug cleaning.
(g) Distribution plants,'ice and cold storage plant, bottling
plant, and food commissary.
(h). Wholesale business, storage building and warehouse.
(i): Veterinary or dog or cat hospital, and kennel.
Section 10.E Uses to be conducted wholly within a completely enclosed
building or within an area ericl-od&d on all sides with 'a solid wall.
Compact evergreen hedge or uniformly painted board fence, not less$
than six (6) feet in height
(a) -Building material sales yard', including the sale of rock,
sand, gravel and the like as an incidental part of the'main
business; but excluding concrete batching and mixing on the
premises
-26--
0
(b) Contractor's equipment "storage yard or plant, or rental of
equipment commonly used by contractors,
(c) Retail lumberyard, including only incidental mill work.
(d) Feed and fuel yard,
(e) Draying, freighting or trucking yard or terminal,
M Public. utility service yard or electric
al receiving or trans-
former station,
(g) Small craft building, except shipbuilding.
Section 10,06' Other uses similar to the above, as provided for in
See. ti on 000*
Section 1007 Uses customarily incident incident to an of the above uses'and
accessory buildin
gs when located on the same e lot and as permitted
in Section 15.00,
Section 10.08 AUT MOBILE PARKING AND LOADING AREAS: To be provided
as 30 lours :
Section 10.0 For dwellings and buildings other than dwellings per-
mitted chin the "R" Districts--Same as "R-3 ft District.
Section 10.10 For commercial buildings--Same as 11C-1ft District.
Section 10.11-
For industrial buildings having a floor area of five
ht ioud 5000) square feet or more in which` there are more than
five (5) ernployees;'at least one (1) parking space for every two
(2) such persons employed in said buildings.
Section eP Parking nbultlingaor required above shall be on the same
structure or located not more than
one thousand (1000) feet therefrom.
Section:110,13 The above'parking and loading areas shall be improved
as provided in Section 15.02.
Section 10.1A HEIGHT t No building or- "structure shall hereafter 'be
erected to excee six (6) stories or seventy-five (75) feet in
height.
Section 10,'AREA. No' building or structure not the enlargement of
any uildingor structure shall be hereafter erected unless the
following yards and lot''areas are provided and 'maintain.ed in con-
nection with such building, structure, or enlargement
Section 10.16 FRONT YARD: None.
Section 10.17 SIDE YARD: None.
Section 10.18 REAR "YARD: Wo rear
yard shall be-required except where
the i31 `Disstr ct abuts upon an n "District; .n which case there
shall be a rear yard of hot less than'ten percent (10%) of the depth
of such lot but such rear yard need not exceed ten (10) feet.
Section 10...18.1 Buildings hereafter erected and used exclusively for
dwelling purposes shall comply with the rear yard regulations of
the -2" District.
Section 10.1 LOT AREA": Buildings hereafter erected and used wholly'or
party :or dwellin-g-purposes shall comply with the lot area require-
ments of the '"R-2n District.
2.7--
Section 11.00 ffM.211 'HEAVY INDUSTRIAL DISTRICT
Section '11.01. "The `'following regulations shall apply in the I'M-2"
heavy ustrial District
Section 11.02 USE' No building, structure or land shall be used and
no bui lMng or structure' shall be hereafter "erected, structurally
altered or enlarged `except for the following uses:
Section 11.0 Any use permitted in the '"M 1"'District, within or
without a building or an .'enclosed area, except" dwellings which may
be"allowed upon securing..of a Use Permit, as provided in Section
1$.00.
Section 11.01 'Any other'use or uses which are or~may become obnoxious
or offensive by reason of the emission of odor, dust, smoke, noise,.
gas, fumes, cinders,' vibration, refuse matter,'or water carried
waste, as determined by. the Planning Commission..
Section 11.05 Uses customarily incident to any of the above uses and
accessory buildings when- located on the same lot.
Section 11.06` AUTOMOBILE PARKING AND LOADING AREAS: To be provided
in and same as the -1 District.
Section 11.07 HEIGHT: Same as required in an KM-l" District.
Section 11.08 AREA: No`buildink or structure not the enlargement of
any wilding or structure shall be hereafter erected unless the
following yards and lot Areas are provided and maintained in con-
nection with such building, structure or enlargement.
Section 11.09 FRONT YARD: Not required.
Section 11.10 SIDE YARD: Not required.
Section-11.11 Buildings hereafter erected and used exclusively for.'
dwelling purposes shall comply with the side yard regulations of
the "R-211 District.
Section 11.12 BEAR YARD: Same as required in "M In District.
Section 11.12.1- Buildings hereafter erected and used exclusively for
dwelling purposes shall comply with the rear yard regulations of
the 11R-3" District.
Section 11.1 LOT AREA: Buildings hereafter erected and used wholly
or partly for dw!' e Ong purposes shall comply with the lot area
requirements of the "R-3" District.
i
Section 12.00 A AGRICULTURAL ZONING AREA
Section 12.01 The following regulations shall apply in all distracts
wit w i"'FE are combined "A" Districts in, addition to the regulations
hereinhefore specified, provided however, that if any of the
regulations specified in this section differ from any correspond-
ing regulations specified in this' Orrdirance for any district with
which an "A." District is'combined, then in such case the provisions
of this Section shall apply.
Section 12.02 USES PERMITTED:
(a) All uses permitted in the respective district with which the
"A" District is combined.
(b) Small livestock farming; Provided, that not to exceed one (1)
cow or three (3) goats or other similar livestock may be'kept for
each ten thousand (10,000) square ~ feet of area of the parcel of
land upon which the same' are. kept, td 'a maximum of three (3) cows
or ten (10) goats or other, similar livestock maintained in any
establishment.
(c) In any "An District, a dairy may be conducted on any parcel
of land not less than. fire (5) acres in area.
(d) Sales of any of the products of any of the aforementioned
permitted uses upon the premises upon which such products are
produced; provided,, that in any IM" District with which an ffAsr
District is combined, no building other than"a stand or shelter
shall be constructed primarily for such sale.
(e) Keeping of such horses and/or mules as may be necessary to
.the conducting of any of the uses permitted in any "A" District.
(f) Accessorv buildings and accessory uses
Section 12.0 USES REQUIRING USE PERMITS. as provided in Section
79 073M
(a) Dog and cat kennel.
(b) Dairy.
Section 12804 SPECIAL YARDS AND DISTANCES BETWEEN BUILDINGS Barns,
stabiles, chicken rouses, and similar buildings s a 1 be not less
than y5eran the property line, less than.
any side or rear property ine; not not less
fifteen (15) feet from
than twenty-five (25) feet from any dwelling.
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Section 13.00 B. SPECIAL BUILDING SITE ZONING AREA
Section 1_.01 The following regulations shall apply in all districts
wwit which are combined '"B't Districts iri lieu of the regulations as
to building site area, depth of front yard, and width of side yard
which are specified herein:for the district combined with such "B"
District; provided however, that the regulations for the "Bn.
District shall not be so applied as to reduce any of the corres-
ponding regulations herein"specified for any district with which is
combined such nBf District.
Section 11.02 SPECIAL REGULATIONS:::
(a) Building Site Area Re aired: Shall be indicated by a number
following the TTB TT n.t e District designation, which number repres-
ents the required area in thousands of square feet.
(b) 'then two or more lots are created from one existing lot or
-parcel, the average building site area of the lots so created shall
be not less than the area required by the "B" District designation.
In no case may a lot be created with a 'building site area of less
than ninety (90) per cent of-the building site area represented by
the "B" District designation. For every lot so created, with a
building site area less than that required by the "B" District
designation, there shall be at least one lot created with a build
ing site greater than that required by the "B" District designation
by at least an equal amount.
(c) Side Yards Required: Side yards shall total hoteless than
twenty per cent o the lot width, with a maximum requirement
of 32 feet, and no side yard may be less than eight (8) feet.
Three (3) feet shall be added to each required side yard for each
story above the first story of any building. The side yard on the.
street side of each corner lot shall be not less than sixteen (16)
feet.
-30-
Section 14.00 S SPECIAL ZONING AREA: The following regulations
shall apply in.a districts with -which are combined '3S" Districts,
in addition to the regulations hereinbefore specified therefor;'
provided, however, that if any of the regulations specified in this
section differ from any of the corresponding regulations specified
in this Ordinance for any district with which is combined an "Sri
District, then in such case the provisions of this section shall
govern.
No building permit shall be issued for any use in a district which
is combined with an ''S" District unless:
(A) All buildings, layout and landscaping,plans, including all signs
shall have been submitted to and approvedby the Planning Commission.
(b) Off-street parking space for automobiles is providedin accord-
ance with"the standards established for each District by this
Ordinance.
(cl Loading spaces for the loading and unloading of goods shall be
provided as required by this Ordinance.
(d) The Planning Commission,may require such additional require
merits in connection with off-street parking areas as will protect
the character of other property in the neighborhood. Such regula-
tions may include, but are not limited to: Adequate screening of
said lot by a fence or'wall;landseaping; provision for suitable
surfacing and lighting,
(e) In establishing any district which is combined with an ffSn
District, the Planning Commission may specify such building line
setbacks, yard regulations, area regulations and building height
limitations as are consistent with the use to which the property
is to be put., and which will protect the general character of the
neighborhood.
-31-
GENERAL PROVISIONS
0
Section 15.00 USE: Conformance' and Permits'Re uirede No building or
structure shall-be erected.-reconstructed) structurally altered,
enlarged, moved, or maintained, nor shall any building, structure
or land be used or designed to be used for any use other than is
permitted in the district in which such building, structure or land
is located- and then only after applying for and securing all permits
and licenses required by all laws and ordinances.
Section 15.01 "Other Uses Permitted b Commission: Where the term
'loth er uses similar `tote a oyez is mentioned,, it shall be deemed
to mean other uses whch,'in the judgment of the Commission as
evidenced by a written decision', are similar to the uses listed in
the same section and are not Iflore ob jectlonable to the general
welfare. "Other ,Uses.'? to determined by the Commission-shall be
regarded as listed uses. In no instance, however, shall these
regulations be so interpreted to permit a use in a district when
su-ch.'use is specifically listed and permitted in a less restricted
district: i.e., a use specifically set forth in the 11R-3n District
shall not be permitted in the 11R-21' District.
Section 15.02 Improvement of Parkin Areas--Auto Sales Areas and
Loa ing reas:. Every parcel o an hereafter use aF a private or
public parking area, automobile and trailer sales area., or loading
area, shall be improved as follows:
Section 15.02.1 Private'Parking Area or Loading Area--Such area shall
be pave with asphaltic concrete or Portland cement concrete"sur
facing and shall have appropriate bumper guards vdiere needed.
Section 15.02.2 Public Parking Area and/or Automobile and Trailer
Sales Area:
(a) Such area shall`be paved with asphaltic concrete or Portland
cement concretes shall Piave appropriate bumper guards where needed,
and shall be properly enclosed' with an ornamental- fence, wall, or
compact`evergreen hedge, having a'height of not'less than two`(2)
feet and maintained-at a'height of not more than six (6) feet, Such
fence, wall or hedge shall'be maintained in good condition and
observe the required front yard,, and the required 'side yard along
the street side of a corner lot for the. district in which it is
located and such front and side yard shall"be landscaped with ever-
green ground cover and properly maintained.
(b) Where such area adjoins the side of a lot in an "R" District,
a six ('6) foot masonry wall shall be erected and maintained At least
five (5) feet from the side of such'lot and suitable landscaping
shall be planted and maintained in the space between the parking
lot wall and the adjoining property. Provided,'however, that such
wall shall not extend into the front yard required on the lot on
which it is located; and provided further` that- a wall of equal
material may be used if approved by the Planning Commission.,
(c) Any lights used to illuminate said parking areas shall be so
arranged as to reflect the light away from the adjoining premises
in an ttRrr District.
(d) Every parking area required under this ordinance shall be
provided with adequate ingress and egress from a public street or
approved right-of-way.
Section 15..0 Zoning of Annexed Areas: Any area annexed to the Town
-meter the effec~tze--ve'cate of this ordinance shall immediately upon
.,such annexation, be automatically classified as an "R-ltt District
until a' zoning `plan for said" area has 'been, adopted by the Town
Council. The Commission shall recommend to the Town Council
appropriate zoning for such area within three (3) months after an
application for change is made to the Commission.
Section 15.01 HEIGHT:
Section 1 2.04.1 Height Conformance: Except as hereinafter provided,
no building or structure shall hereafter be erected or reconstructed
which exceeds the height limit established for the district wherein
such building or structure is. located.
Section 15.05 AREAS
Section. 15.05.1 Area Requirements: Except as hereinafter provided,
no-; wilding or structure s=be hereafter erected or located on
a'lot unless such building, structure or enlargement conforms with
the area regulations of the district in which it is located.
Section 1 .06 No parcel of land held under separate ownership at the
time this ordinance became effective, shall'be"reduced in any manner
below the minimum lot width and lot area required by this ordinance.
Section 15.07 No lot area shall, be so reduced or diminished that the
yards or other open spaces"shall be smaller than prescribed by this
ordinance, nor shall the 'occupancy be:increa:sed in any manner except
in conformity with the regulations herein established.'
Section 15.0$ No required yard or other open space around an.existing
~building, or which is hereafter provided around any building for the
of complying with the purpose provisions of .,.ths"ordnance, shall be
considered as providing "a yard or`-open space for any other building;
nor shall any yard or other required open.space on an adjoining lot
be considered as providing a yard or open space on a lot mliereon a
building is to be erected."
Section 15.09 `Every building hereafter erected shall be''located on a
mot asierein"defined. In no case shall there be more than one (1)
main residential building -and its accessory .buildings on one (1) lot.
Group dwellings, court apartments and semi-detached dwellings'shall
be considered as one (1) main residential building on one lot.
Section 1 10` No parking area, parking space or loading space which
.existed at the time this ordinance became effective or which sub-
Sequent thereto is provided for the purpose of complying with the
provisions of this ordinance, shall thereafter be relinquished or
reduced,in any manner below the requirements established in this
section, unless equivalent facilities are provided elsewhere.
Section 15.11 No building permit shall be issued for a building or
structure on a lot which abuts a street dedicated to a portion of
its required width and located on that side'thereof"from which no
dedication was secured, unless the yards provided on such lot in
elude both that portion of the lot lying within the future street
and the required_ yards.
Section 15.12 No build i= permit shall be issued forr a building or
structure on a corner lot when such building or structure is to be
orientated in such a manner as to reduce the front yard requirement
on the street on which such corner lot had its frontage at the time
this ordinance became effective.
-33-
Section 16.00 EXCEPTIONS.
Section 16.01 USE.
Section 16402 See'.Existing Uses, Section 17.00.
Section 16.03 HEIGHT:
Section 16.04 Throw h Lot l 0.feet or less in de ththe height of a
''lot nehndre i ty feet or ess in depth, a through
building may be measured from the adjoining curb level on either
street.
Section 16.05 Through Lot more than 150 feet in depth:- On a through
lot more than one hundred fifty feet in depth. ,the height
regulation.and basis of height measurement for the street per-
mitting the greater height shall apply to'a depth of not more than
one hundred fifty (150) feet from that street.
Section 16.06 Structure Permitted Above Hei ht'Limit: Penthouses or,
rroof structures or t e.. ousing o elevators, stairways, tanks,
ventilating fans or similar equipment-required to operatesand main-
tain the building ~ Parapet walls, skylights, towers, process
towers and columns, including appurtenant working structures, steeples,
roofsigns, flagpoles chimneys, smokestacks, wireless masts, water
tanks, gas tanks, silos., or similar structures may be erected above
-the height limits herein prescribed, but no penthouse or roof
structure, or any space above the height limit shall be allowed for
the purpose of providing additional floor space.
Section 16..07 AREA:
Section 16.0$, Yard. Regulations' Modified: 'Where the yard` regulations
cannot.reasonably be complied with or their application determined
on lots of 'peculiar shape or location or `on hillside lots, such
regulations maybe modified or determined by the Commission as
provided for in Section _19.00.
Section 16.09. Front Yard Between Pro'ecti Buildin s: Where a lot
as a main building
s, situated etween two Iota.' each o w is
(lwithin` twenty-five (25 )feet of its side lot lines),, which projects ;
beyond the established front yard line and has been so maintained
since this ordinance became effective, the front yard requirement
on such lot. may be the average of the front yards of said existing
buildings.
Section 16.10 Front Yard Adjoining Pro°ectin Buildings: Where a
lot a joins' only one of having a main ui ng (within twenty-five
(25) feet of its side lot lines), which projects beyond the
established front yard line and has been so maintained since this
ordinance became effective, the front yard requirement on such lot
may be the average of the front"yard of said existing building and
the established front yard line:
Section. 16.11 Front Yard - Sloping Lot: Where the elevation of the
'ground at a point fifty ( ee from the front line" of a lot and
midway between-the side lines, differs ten (10) feet or more from
the curb level, or where the slope (measured in the general direction
of the side lot lines) is twenty percent (20;x) or more on at least
one-quarter (1/4) of the depth of the lot, the front yard need not
exceed fifty percent (50%) of that required in the district. The
provisons'of"this section shall not be applied in connection with
Section 16.17.
Section 16.12 Front and Side Yards Waived- Dwellin over Store:. The
front' and `side yards s e waived or wel ings, hotels and
boarding or lodging 'houses, erected above` the ground floor of a
building when said ground floor is designed. exclusively for
commercial.purposes -3-
• i
Section 16.13 Front and Side Yards Varied--Unit Develo went; Where`
an entire frontage on of si es o a street ' or streets in an '~R-1ff
District is designed and "developed as a unit,. the following pro-
visions shall apply.
Section 16-13.1 The front yard requirement may be varied by-not more
than e M feet in either direction (i. i;. from twenty (20) to
thirty (30) feet in the case of a required front yard of twenty-
five (25) feet) provided the average front yard for the entire
frontage.is not less than the minimum.front'yard'required in the
district; and
Section 216.1 .2 The side
yard requirements may` also be "varied, pro-
vided tat the total combined width of the two side yards on a lot
is not less than that required for lots in'the district, that no
side yard shall be less than four (4) feet, and that the minimum
distance between the sides of buildings shall not be less than
twelve (12) feet.
Section 16.14 ` Side Yard Waived--Semi-detached Dwellings. etc.: For
the purpose o side yard regu ataons', t e o: owing we Zngs'with<
common party walls shall be considered as one (1) building occupy-
ing one (1) lot:: Semi-detached two and four-family-dwellings,
-row dwellings, group dwellings and court apartments.
Section 16.15 Rear Yard - Includes one-half alley: In computing the
depth of ~a rear yar ere such yard opens onto an alley, one-half
(172) the width of'such alley may be assumed to be a portion of the
required rear yard.
Section 16.16 Rear Yard Includes Loading Space: A required loading
space may occupy a require rear-,yard or any part thereof.
Section 16.17 Additional Dwellin - Large Lot Where a lot has an
area equivalent to. two or more times that required"by this
ordinance, but without sufficient required frontage: for two (2) or '
more lots, .a dwelling shall be.permitted on both the front and rear
portions of said lot, provided:
(a) 'That all height and area requirements, except lot width are
complied with;
(b) that a, strip of land thirty (30) feet wide adjacent to and
-
measured at right angles from the rear lot line, is reserved for
future access in addition to the required rear yard; and
(c) that a strip of land at least fifteen (15) feet wide, measured
at right angles to either side lot line and extending from the
street line to, the rear portion of the lot, is reserved as 'a means
of access thereto.
Section 16.18 Lot Area - Includes.One-half Alle : In computing the
of area of a of which rears upon an alley, one-half (1/2) the
width of such alley may be assumed to be a portion of the lot.
Section 16.19 Through Lot - May be Two Lots: Where a through lot has
a depth of ' two Hundred (2UU) feet or more, said lot may be assumed
to be two (2) lots with the rear lines of each approxirr~ately equi-
distant from the front lot lines, provided a.ll' area requirements are
complied with. An accessory buildinj shall not be constructed
within forty-five feet of any street
(45) property line; provided
however, that this requirement shall not apply to a side yard line
on a corner lot.
-36,.
Section 16.20 Projections Allowed Into Yards:
(a) -A porte cochere may be permitted over 'a driveway in a side
yard, provided such structure is not more than one (1) story in
height and twenty-four (24) feet in.length and not closer than two
(2) feet from the side lot line, and is entirely open on at least
three (3) sides, except for the necessary supporting columns and
customary architectural features.
(b) Cornices, eaves, belt 'courses, sills, canopies or other
similar architectural,features (not including bay windows or
Vertical projections)., may extend "Or project into ,a required side-
yard not more than twenty-four (24) inches and may extend or project
into a required front or rear yard not more than thirty (30) inches.
Chimneys may also project into a required front, side or rear yard
not more than eighteen (18) inches,
(c) Open, unenclosed fire escapes may extend or project into any
front, side or rear yard not more than four (4) feet.
(d) Open, unenclosed stairways, or balconies, not covered by a roof
or canopy, may extend or project into a required rear yard not more
than four (4) feet, and such balconies may extend into a required
front yard not more than thin` ty (30%) per cent.
(e) Open, unenclosed porches, platforms or landing places, not
covered by a roof or canopy, which do not extend above the level of
the side or rear yard or into any court not more than six (6) feet;
but in no case shall the projection into a court exceed a distance
of more than twenty (2O%) per-.-cent of the width of such court.
(f) Open ornamental fences, hedges, landscape architectural" features
or guard railings for safety protection around depressed ramps, may
be located in any front, side or rear yard if maintained at a height
of not more than three and one-half (3 1/2) feet above the average
ground level adjacent thereto. Provided, farther, that an openwork
type railing not more than three and one-half (3 1/2) feet in height
may be installed or constructed on any, balcony, stairway, parch,
platform or landing place mentioned above in'subparagraphs (d) and
(g) Afence, lattice-work screen or wall, not more than six (6)
feet in height, or a hedge or thick ggrrowth of shrubs or trees,
maintained so as not to exceed six feet in height, may.ba
locatedin any required side or rear yard, in the ItR" Districts
provided that they dognot extendinto the required front yard nor-
into the side and required along the side street on a corner lot
which 'iri this case `shall also include that portion of the rear yard`
abutting the intersecting street wherein accessory buildings are
prohibited. Provided, further that this provision shall not be so
interpreted as to prohibit the erection of an'open mesh type fence
enclosing an elementary.. or secondary school .`.site.
(h) Landscape features,' such as trees, shrubs, flowers or plants,
shall be permitted in any required front, side,or rear yard provided
they do not produce a hedge effect contrary to the provisions of
subparagraph (f) above.
W Name plates, bulletin boards or signs appertaining to the pros
pective'sale, lease or rental of the premises on which they are
,I located, as permitted in this ordinance, shall be allowed in any
required front, side or rear yard.
(j), The above structures or features., however, shall not be located
and maintained So as to preclude complete access.at all times about
a main building. Provided, that,gates or other `suitable openings at
least two and one-half (2 1/2) feet in width shall be deemed adequate
for such access.
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Section 17.00 EXISTING USES
Section 17.01 Variance Granted Automaticall : A variance is granted
automatically7 ere y, so as to permit the continuation of the
particular existing uses of any building, structure, improvement or
premises existing in the respective zones immediately prior to the
time this ordinance. or ahy "amendment thereof becomes effective if
such existing use was not in violation of this or any other ordinance
or law.
Section-17.01.1 As used in this section the word "property" refers
only to 't at portion of the property actually utilized for the exist-
ing use. The word "improvement" does not include:any improvement
not a part of the existing use, and such improvement which is not a
part of the existing use shall be disregarded in the construction
of this section.
Sectio4~17.01.2 This section does not authorize the extension, expan
si n, or enlargement of such existing use, or permit the addition
of structures or other facilities in conjunction with such existing
use.
Section 17.01,3 Such variance. shall remain in`force"and effect for the
following length of time, except that it may be extended or revoked
as provided in this Article;
(a) Where the property is unimproved, one year.
(b) 'Where the property is unimproved` except for structures which
do not require a building permit., three years.
(c) In other cases twenty yea.rs,' and for' such longer time so that
the total life of the improvement from the date `of construction
will be:
1. Type 4 or type 5 buildings (light incombustible frame and.
wood frame):
4 (a) Flats, apartments, and double bungalows thirty years.
(b) Other dwellings, thirty-five .years.
(c) Stores and factories, twenty-five years.`
2:.. Type 2 or ty e 3 buildings (heavy timber construction and
ordinary masonry:
(a) Apartments.-offices, hotels, residences, stores below,
apartments above, forty years.
(b) Stores below, hotel or offices above, forty years.
(c) Warehouses, stores, garages, lofts, forty years.
(d) Factories and industrial, forty years.
3. Type 1 buildings (fire resistive)
1
{I (a) Apartments and residences, fifty years.
(b) Offices and hotels, fifty-five years.
(c) Theaters, sixty years.
(d) Warehouses, lofts, stores, garages, fifty years.
(e) Industrial, fifty years,
- -38-
Section 18.00 COI3DITIONAL USES PEKIITTED BY COWISSION
f
Section 18.01 LOCATION OF PER1,41TTED USES: vTherever it is stated in
this ordinance that the o owing uses may be permitted in a district
if their location is first approved by the Commission, said uses are
deemed to be a part of the Comprehensive Plaster Plan or its
objectives and shall conform thereto. Before the Commission makes
its final determination, it shall hold a public hearing. Such uses
include the following:
Section 1$:02 Schools, elementary and high; churches, parks, play
grouncs, community centers, golf courses, automobile service
stations, mortuaries- funeral homes, trailer camps, public camps
and animal hospitals.
Section 1$..03 ADDITIONAL USES PERMITTED: The Commission may, after a
public earing, permit the following uses in districts from which
they are prohibited by this ordinance where such uses are deemed
essential or desirable to the public convenience or welfare8 and
are-in harmony with the various elements or objectives of the
Comprehensive Master Plan.
Section 1$.01 Airport or aircraft landing field.
Section 1$.05 Cemetery.
Section 1$.06 Columbarium, crematory or mausoleum.
~ Section 18.07 Development,of natural resources (excluding the drilling
or or producing of oil, gas or other-hydrocarbon substances)
' together with the necessary buildings, apparatus, or appurtenances
incident thereto.
Section 1$.08 Educational institution.
.
Section 1$.09 Government enterprises (Federal, State and Local).
Section 1$.10 Hospital or sanitarium.
Section 1$.11 Library or museum, public.
Section 1$.12 Nursery or greenhouse.
Section 18.13 Nursery School.
Section 1$.1L Park, playground, or recreational or community' center.
Section 18.15 Philanthropic or correctional institution.
Section 1$.16 Private club, fraternity or sorority house,
Section 1$.17 Public utility and public service use or structure.
i
j Section 1$.1$ Radio or television transmitter.
Section 1$_1 Trailer camp or tourist court, on an
a y property having
frontage on a Federal or State Highway Route, or Major City Street
as shown on the Master Plan of Streets & Highways of the Town of
Los Gatos.
i
Section 1$®20 Large scale neighborhood housing projects having a
minimum gross area of twenty ,(20) acres provided:
(a) that the lot area per dwelling unit complies with the require-
ments of the district in which the project is located.
40-
(b) that the character of development of the lots on the border.
of said project harmonizes with that on the surrounding lots or
property,
(.c) that all yards on the lots' on the border of said project'
conform to the regulations of the district in which the property
is located; and
(d) that the minimum' distances between the main buildings within
the side area (excluding lots.on the border), shall be as follows:
(l) front to front, front to rear, or rear,to rear - two
(2) times the height of the" taller building, but not less
than seventy (70) feet;
(2) side to side - one-half (1/2) the height of the taller
building, but not less than ten (10) feet;
(3) front to side or rear. to side one (1) times the
height of the taller buildingg but-not less "than fifty(50)
feet.
Section 18.21 PROCEDURE Written applications far the approval of the
00 hall be filed in the office of
shall'
uses re ernes in Section 1
the Town "Clerk upon forms prescribed for that purpose `by` the
Commission. k fee of Fifteen Dollars ($15.00) shall be`paid,upon
the filing of each application for a"specia:l use permit. The Town
Planning Commission shall hold a`public hearing on each such
"application..
The procedure for holding public hearings shall be the same as that
required in. Section 22.00 of this ordinance.
The Commission shall make its findings and determination,. in writing
within. forty `(40) days from the date..of filing of an application
and shall forthwith'transmit`copy thereof to the applicant. No
decision of the Commission under Section'18.00 shall become effective
until after an elapsed period of ten (10) day from the date of the
decision by the Planning Commission, during which time the applicant,
or any other ,person 'aggrieved, may appeal therefrom to the Town
Council in the'same manner'as provided for in Section 22.00.
In approving the uses referred to in Section 18.00 the Commission
shall have authority to impose such conditions 'as it deems necessary
to protect the best interests,6f the surrounding property of the
neighborhood and the Comprehensive Flan,
Viz,
A~
Section 19.00 VARIANCES
Section 19.01 AUTHORITY OF COMMISSION: Whenever there is any question
regarding the.interpretation o this ordinance, or its application
to any sppecific case or situation, the Commission shall interpret the
intent of this ordinance,by written decision and such interpretation
shall be followed in applying said provisions. Where practical
difficulties or unnecessary hardships, inconsistent with.tne general
purposes of this ordinance may result from the strict and literal
interpretation and enforcement of the provisions'thereof the
Commission, upon receipt-of 'a verified application from the owner
of the property affected, stating fully the grounds of the, applica
tion and facts relied upon, shall have authority to grant, upon
such conditions and safeguards as it may determine, such variances
therefrom as may be`,.in harmony with their general purpose and intent,
so that the spirit of this ordinance shall be observed; public safety
and welfare secured, and substantial justice done,,including,the
following:
Section 19.02 Permit in the ttRtt Districts, public parking areas or
storage garages adjacent to any existing or proposed use in the
multiple dwelling, commercial or industrial districts.
Section 19.03 Permit the modification-of the automobile parking space
or loading space requirements where,''in the particular instance#
such modification will not be inconsistent with the purpose and
intent of such requirements or.permit the waiver of the requirement
that automobile parking',space be provided on the same"lot with a
dwelling, if other suitable And convenient parking space is available
within or without a building.
Section Permit in districts limiting the height to two and one-
had 2 2) stories; thirty-five (35) feet, or three-(3) stories,
forty-five (45) feet, 'schools, hospitals, sanitariums, institutions,
churches and other similar -uses ;allowed under the use regulations`
' of this.ordinance., to be erected to a height not exceeding six (6)
stories or seventy-five (75') feet, provided, that the front and side
- yard requirements for such buildings' in the "R-3't District are
complied with.
Section 19.05 Permit a less restricted use in a more restricted district
as o lows: Any ttC" District use in any other "Ctt District and "M-.111
'
Use in the "C-2t" Districts; any ttM-2'tt use in an tt14-1" District;
provided such use due to its limited nature., modern devices, or
building design, will be no more objectionable than the uses per-
mitted_ in such district.
Section 19.06 Permit such modification of the height and area regula-
tions as may be necessary to'secure an. appropriate improvement of
a lot which is of such shape, or so located with; relation to
surrounding development or physical characteristics, that it cannot
otherwise be appropriately improved without such modification, -
Section 19.07 Permit temporary buildings and uses for periods,of not
to exceed two (2) years in undeveloped sections of the Town ,.and
for periods of not to exceed six M( 6:)zianth:s, in developed sections.
Section 19.08 Permit the reduction in the 'lot width requirements..
- 42-
Section 10 Permit in newly annexed areas a variat?on in the interium
ITR- " District regulation prior to the adoption of a zoning plan as
provided in Section 15®03.
Section 19.10 PROCEDURE: Written applications for the approval of
variances re erre -to in this section shall be filed in the Office
of the Town Clerk upon forms prescribed for that. purpose by the
Commission. A `fee of Fifteen Dollars ($15.00) shall be, paid upon
the filing of 'each application for a variance. A:public hearing
upon each such variance application shall be held by the Town Plan-
ning Commission.
procedure for holding-public hearings shall be the same as that
The e
required in Section 22.00.
The Commission 'shall 'make its findings and determination in writing
within forty (40) days from the date of filing of an application and
shall.forthwith transmit a copy thereof to the applicant. No
d"ebsion of the Commission under 'Section 19.00 shall become effect-
ive until after an.elapsed period,of ten (10)' days from the date
the written determination is made, during which time the applicant
or any other person: aggrieved, may. appeal: therefrom to the Town
Council,.as provided in Section 22.00.
In approving the uses referred to in Section 19.00, the Commission
shall have authority to impose such conditions as it deems necessary
to 'protect the best 'interests of the surrounding property or
neighborhood and the Comprehensive Master Plan.
Section 20.00 CERTIFICATE OF OCCUPANCY
Section 20.01 No vacant land shall be occupied or used until a
Certi 'ldin
of Occupancy shall have been issued by the Building
ficate
Inspector.
Section 20.02 CERTIFICATE OF OCCUPANCY FORA BUILDING: Certificate
of Occupancy or a new building or the enlargement or alteration of
an existing building 'shall be applied for coincident with the appli-
cation for a building permits said certificate`'shall be issued after
the request for same shall have been made in writing to the Build-
ing Inspector after the erection or.'alteration of`such '.building or
part thereof shall have been completed in conformity with the pro-
visionsof these regulations. Pending the issuance of a regular
certificate, a Temproary Certificate` of Occupancy may be issued by
the Building Inspector for a period not exceeding six (6) months,
during the completion of alterations or during partial occupancy of
a building pending.its completion. Such' temproary' certificate shall
not.be"construed as in any way altering the respective rights,
duties, or obligations of the owners or of the, Tawn rebating to the
use or occupancy of the premises or any other matter, covered by this
ordinance, and such temporary certificate shall not be issued except
under such restrictions and provisions as will adequately insure
the safety of the occupants.;
Section 20,03 CER'T'IFICATE OF OCCUPANCY FOR LAND: Certificate of
occupancy for the use o vacant an or t e change in the, character
of 'the 'use of land as herein provided, shall be applied for, before
any such land shall be occupied or used for any,-purpose except that
of tilling the 'soil and ` growing therein of farm, garden or orchard
products, and a Certificate of Occupancy shall be issued after the
application has been made, provided"such use is in conformity with
the provisions of these regulations..
Section 20.04 CERTIFICATE OF OCCUPANCY CONTENTS FILING-FEE.-
-
Certificate o ccupancY shall state tat the ui ing, or proposed
use of a building or land complies with all laws and ordinances and
with the provisions.of these regulations:. A .,record of all certifi-
cates shall be `kept . on file in the office of the Building, Inspector
and copies shall be furnished, on request to any person having.a
proprietary or tenant interest in the building.or the land affected.
A fee of one dollar ($1.00)shall be-charged for each extra copy of
a Certificate of Occupancy, issued after` the original has been_
furnished the owner or his agent.
Section 20.05 SITE PLANS
Section 20.0 All applications for a Certificate of Occupancy shall
be made on a printed form to be furnished by the Building.Inspector
and shall contain accurate infor at-Lon and dimensions as to, the
size and location of the lot; the size and location of the building
or structure on the'lot; the dimensions of all yards and open spaces;
and such other information as may be necessary to provide for the d
enforcement of these regulations
Where complete and accurate information is not readily available
from existing records, the Building Inspector may require.the appli=
cant to furnish a survey of the lot.prepared by a licensed surveyor.
A careful record of theorj ginal copy of such applications and site
plans shall be kept in the Office of the Building Inspector and the
duplicate copy shall bekept at any building under construction at
all times during construction thereof.
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Section 21.00 BOUNDARIES OF DISTRICTS
Section 21.01 'adhere uncertainty exists with respect to the boundaries
o the various districts as shown'on the district ;nap accompanying
and made a part of this ordinance, the following rules shall apply:
Section 21.02 Streets and Alleys : The District` boundaries are either
streets or alleys, unless otherwise shown, and where the indicated
boundaries on said district map'are approximately street or alley
lines, said streets or alleys shall be construed to be the boundaries
of such district.
Section 21.03 Lot Lines: Where the district boundaries and not shown
to be streets or as eys, and where the property has been.or'may
hereafter be divided into blocks and lots, the district boundaries
shall be construed to`be lot lines;.and where the indicated boundaries
on the district map; are approximately lot lines,, said lot- lines shall
be construed to be the boundaries of each district; unless said
boundaries are otherwise indicated on the reap.
Section 21.01 Scale of Map., Determination b Commission: Where the
property is indicateU ;-strict map as acreage and not sub-
divided into lots and blocks or where the district boundary lines
on such the map, where shall be uncertainty exists, determined by district the scale boundary contained on
Pa Y a y line
shall be determined by the Commission by written decision. In the
event property which is shown as acreage on the district map has
been or is subsequently subdivided into lots and blocks by a duly
recorded subdivision reap and the lot and block arrangement does not
conform tn that anticipated when the district boundaries were
established, or property is resubdivded by `a„duly recorded sub-
division map into different arrangement of lots and blocks than
shown on the district map, the Commission, after notice to the
owners of property ,affected thereby and hearing, may interpret the
district map and make minor readjustments in the district regula-
tions and conform'to the street and lot layout on the ground. Such
interpretations or adjustments shall be by written,decision,`and
thereafter the copies, of the district map shall be changed to con-
form thereto.
Section 21.05 Symbol for District: 'Where one symbol is used on the
district map to indicate the district classification of an area
divided by an alley. or .alleys, said symbol shall establish the
classification of the whole of such area.
Section 21.06 Street - Allocation or Division: Any street or alley'
excluding a State Freeway) inclu e on the district map shall,
unless otherwise indicated, be included within the district of
adjoining property on either.side thereof; and where.such street
or-'alley serves`as'a boundary.between two or more different districts,
a line mid-way in such street,or alley, and extending in the general
direction, of '°the long `dimension thereof shall be considered the
boundary between districts.
Section.21.07 Vacated Street or Alley: In the event a dedicated
street or alley shown on the zstrict map is 'vacated by ordinance,
-71
the property formerly in said street or alley shall be included
within the district of the adjoining property on either side of the
said vacated street or alley. In the event said street or alley
was a district boundary between two or more different districts,
the new district boundary shall be the former center line of said
vacated street or allev.
d Stream Beds Allocation or
Section 2100$ Other Ri hts=of-Wa an
Division: A railroad, railroad right-Of-way, water 'course, channel,
.body of water, or freeway designated; as such by the California
State Highway Commission shall not be included within any district
as defined in this ordinances; Such railroad, railroad right-of-way,
water course, channel, body of water, or freeway designated as such
by the California State Highway Commission shall not be used for any"
purpose other than that for which it is ordinarily and normally used.
Should any such railroad, railroad right-of-way, water course,`
channel, body of water, or freeway designated as such by the California
Highway Commission be vacated'or abandoned or.changed in such a way
as to make it available for some other use or uses, no such other use
or uses shall be allowed until such land has..been included in some
district in accordance with the procedure specified in Section 22.00
of. this ordinance,
Section 21.09 Interpretation Fur ose and Conflict`. In interpreting
and ap- p ing t e provisions o this ordinance, they shall be held to
be the minimum"requirements for the promotion of'the public health,
safety, comfort, convenience and general` welfare. It is"not intended,
by this ordinance to interfere with or" abrogate or annul:.any easement,
covenant or'other agreement between parties. Where this ordinance
imposes a greater restriction upon the'use of buildings or land, or
upon the height of buildings, or requires larger open spaces than
are imposed or required by other ordinances, rules, regulations, or
by easements, covenants-or agreements, the provisions of this
ordinance shall control
Section 22.00 ` CHANGES AND ANENDMENTS
Section 22.01 Procedure for Change: Whenever the public necessity,
convenience, genera welfare or .good `zoning practice require, the
Town Council may by ordinance, after report thereon by the Commission
and subject to the procedure provided in this section, amend,
supplement or change,the regulations, district boundaries, or classi-
fications-of property, now or hereafter.established`by this
Ordinance. An amendment, supplement, reclassification or change
may be initiated by resolution of the Commission or, the Town Council
or by a verified application of the owners of fifty " (50) percent or
more of the area of all the property within a-radius of two hundred
(200) feet of the area proposed to be changed.
Section 22.02 Applications for Chane Form and Contents: Applica-
tions or any change o district boundaries or reclassification of
districts as shown on the zoning map, shall be filed with the Town
Clerk upon forms and accompanied by such-data,and information as
maybe prescribed for than purpose by the Commission so as to assure
the fullest practicable presentation of facts for the permanent
record.
Section 22.03 Each such application shall be verified by at least one
of the owners of property within the area proposed to be changed,
attesting to the truth and correctness of all facts and information
presented with the application.
Section 22.04 A fee of Fifty 050.00) Dollars shall be paid upon the
filing of each application for change of district classification
for the'purpose of defraying the costs of.the proceedings prescribed
herein. A written receipt shall be issued to the persons making
such payment and records thereof shall be kept in such manner as
prescribed by law.
Section 22.05 Hearing Date - Notice: Upon the filing of such appli-
cation or the adoption of uch resolution by the Commission or Town
Council, the Commission shall set tl~e time and place.and shall, hold
one public hearing on said application.
Section. 22.06 Notice of the time and place of such public hearing
s al be given by one publication not less than ten (10) days prior
F to such hearing in a newspaper of-general circulation in the Town,
designated.for:that purpose by the Town Council
Section 22.07 In the case of an application or "a resolution involving
ie r..assification or change of zone the Gomsxtission` shall cause a
k similar notice, or notices, to ,be conspicuously posted upon the
property proposed to be changed in.cldssification at least ten (10)
days prior to the date, of the hearing. Such notice shall be printed
with a heading reading, "NOTICE OF'IMAPING REZONING" in letters not
less than one inch in height. No posting of notices as required by
this Section shall be necessary for the approval.of the uses referred
to in Section 18.00 or for those variances covered by Section 19.00.
Section 22.08 In connection with a hearing concerning only the-amend-
ing, supp ementing or. changing of the.text of this Ordinance,.the
published notice of public hearing, as provided in Section 22.06 of
this Ordinance shall suffice.
-47-
Section 22=0 Decision b Commission and Town Council: If, from the
s presented, the Commission " finds that public necessity, con-
venience, general welfare or good zoning practice require the change
or reclassification involved or any portion thereof, the Commission:
1 may recommend such change to the Town Council, and otherwise it shall
deny the application. The Commission shall make its findings and
determination in writing within ninety (90) daps from the date of
filing of any application and shall forthwith transmit a copy thereof
to the` applicant. If the application is approved,, the Commission
shall 'forward its findings and recommendations to the Town 'Council.
The Town Council, : after the Commission has 'conducted a: public
hearing thereon, with published notice, thereof, as provided in
I' Sections " 22.00 of this ordinance may by ordinance . effect` such amend-
ment, supplement, change or reclassification or any portion thereof.
Section 22.10 Appeal: Any person aggrieved by any decision.of°the
Planning Commission made under the provisions of`this'Ordinance may,
within ten (10) days from the date of such decision appeal to the
Tgwn Council by written` notice of appeal filed in.' duplicate and
shall set forth specifically wherein the Commission's findings and
decision were in error, Upon hearing the appeal, the Town Council,
shall consider the record and`such additional evidence as may be
offered and may affirm, modify or reverse, in whole or in part, the
order, requirement, ,decision, determination, interpretation or
ruling appealed from, or make and substitiite"such other additional
decision or determination as it may fihd warranted under the pro-
visions of this ordinance. The standards herein established to
govern the: discretion of the Commission' shall' apply with equal force
to the actions of the Council.
t Section 22.11 Decision b 'Resolution: The decision of the Town Council
upon t- iHe appeal shall be expresse y resolution in writing concurred
in by :at least four-fifths (4/5) of all the . members of the Council,
and the Council shall forthwith transmit 'a copy thereof to the
original applicant, the appellant and the Commission. If the decision
be adverse to that of the Commission on ;any action concerning the
a, administration or enforcement of any of the provisions of this
ordinance,`the resolution of the Council,shall specify wherein there
was an error or abuse 'of. discretion on the part of the Commission.
Wo 'determination of the Gommission granting or denying: a Conditional
Use' Permit,, a Variance or''a Change of Classification: shall be
reversed or modified by the Council unless the Council shall include
in its 'decision a finding of fact showing wherein the Commission
erred in its decision.- The procedure of the Town Council in effect-
ina change;Or reclassification of property initiated by resolution
of-intention, rather than by application of property owners, or for
an amendment or supplement to the text which has been disapproved or
partially disapproved.by the Commiss on, shall be the same as that
outlined above in this subsection for the grunting of an appealed
application.
Section 22,12 Changes Incident' to Subdivision: The Town Council' shall
have authority to make changes without o ing a public hearing
where, in the subdivision of " an area., .it is found by the Commission
that the districts, as shown on the zoning map, do not conform with
the best subdivision and use of the land. In such instances, the
Town Council may, `upon `the recommendation of the Commission, authorize
within the boundaries of the area being subdiv ded, the "appropriate
adjustment of district boundaries or'the reclassification of the
area into a more restricted district. Such recommendations of the
Commission 'to the Town Council shall be made only after receipt of
a written request by the owner of the, area -being subdivideds but ' no
public hearing or filing fee. shall be required by the Commission:
-48'
• •
S,
Section 26 m 00 FNACTTENT
Section 26,01 Introduced at a regular meeting of the Town Council of
the ME of Los Gatos, State of California, hold on the 5th day of
March, 1956.
Passed and adopted as an ordinance of the Town of Los Gatos, State
of California, at a continued regular meeting of.the Town Council
thereof, held on the day of March, 1956, by the following
vote:
1 ,
AYES, and in favor thereof, Councilmen:
+y
~7~.~-4 tip' . , , ~
f
r
ZZ,
Y1 S
07 THE OF LOS
ATTEST
CLEP~K F H T0_1 LOS Gr T OS
Published Los Gatos Times-Saratoga Observer 1)26i .4- , 1956
-52-