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Ord 1991 - Amending Section 29.10.030 and adding Section 29.40.038 of the Town Code regulating vehicle repair in residential zonesORDINANCE 1991 ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTION 29.10.030 AND ADDING SECTION 29.40.038 OF THE TOWN CODE REGULATING VEHICLE REPAIR IN RESIDENTIAL ZONES THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS: SECTION I The Town Council finds that it is necessary to enact additional regulation of vehicle repairs in residential neighborhoods in order to preserve the beauty of the neighborhoods, prevent improper disposal of environmental and toxic waste, and promote harmony between neighbors. SECTION II Section 29.10.030 of the Town Code is amended to read as follows: Section 29.10.030. Intent. The zoning ordinance is adopted to promote and protect the public health, safety, peace, morals, comfort, convenience, and general welfare of the Town and its inhabitants, and particularly: (5) To preserve the natural beauty of the Town and protect its residential neighborhoods from the intrusion of commercial interests. (6) To prevent improper disposal of toxic waste. (7) To assure the orderly and beneficial development of all areas of the Town. SECTION III A new Section 29.40.038 of the Town Code is added to read as follows: Sec. 29.40.038. Vehicle Repair in Residential Zones. (a) It shall be unlawful and a public nuisance for any person to engage in, or any property owner to allow to occur, vehicle repair on any lot in a residential zone in violation of this Section. (b) No repair on any vehicle visible from a street or within a front or side yard shall be performed on a lot for more than seventy -two (72) hours from the beginning to completion of the repair. If repairs visible from a street or within a front or side yard are being performed on a lot on two (2) vehicles by or for occupants of a dwelling unit on the lot, all such repairs on both vehicles shall be completed within seventy -two (72) hours from the time that such repairs are first begun on either vehicle. When repairs on either one or two vehicles that are visible from a street or within a front or side yard are completed, no repairs by or for occupants of that dwelling unit on those or any other vehicles that are visible from a street or within a front or side yard shall occur on the lot until the time period specified in subsection (d) passes. (c) Not more than two (2) vehicles may be undergoing repair at the same time by or for occupants of a dwelling unit on the lot where the dwelling unit is located. (d) At least thirty (30) days shall elapse between the completion of vehicle repairs visible from a street or within a front or side yard on a lot by or for occupants of dwelling unit on the lot and the beginning of more such vehicle repairs by or for the occupants. (e) Vehicle repairs shall not be performed anywhere on a lot on more than two (2) vehicles not owned or registered to an occupant of the lot on which the repairs are occurring during any calendar year. (f) It is unlawful for any person to operate a vehicle repair business of any kind in a residential zone, and it shall be conclusively presumed that a vehicle repair business is being operated if vehicle repairs are performed on vehicles not owned by or registered to an occupant of the lot on which the repairs are occurring in violation of Subsection (e) above. (g) For purposes of this Section, "visible from a street" means that the vehicle, vehicle parts, or repair equipment are visible from a street; however, if the vehicle is in such a condition of appearance that an objective observer would believe that the vehicle was fully and legally operable even though it may be under repair or if the vehicle, parts, ►J, or equipment are located entirely within a garage, then it shall not be deemed to be visible from a street under this Section. For purposes of this section, "garage" means a structure that is enclosed on at least three (3) of its four (4) sides. This ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on October 17, 1994 and adopted by the following vote as an ordinance of the Town of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on November 7, 1994. This ordinance takes effect 30 days after it is adopted. COUNCIL MEMBERS: AYES: Linda Lubeck, Patrick O'Laughlin, Mayor Randy Attaway NAYS: None ABSENT: Joanne Benjamin ABSTAIN: Steven Blanton SIGNED: M A40 R? IT TO 0 OS GATOS LOS GATO •' `` ATTEST: CLERK OF THE TOWN OF LOS ATOS LOS GATOS, CALIFORNIA 3