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Ord 1884 - Amendment to Ordinance Modifying Regulations for Nonconforming Uses Allowing Properties that are Nonconforming as to Parking and To Contiue Operating With RestrictionsORDINANCE 1884 AMENDMENT TO AN ORDINANCE OF THE TOWN OF LOS GATOS MODIFYING REGULATIONS FOR NONCONFORMING USES ALLOWING PROPERTIES THAT ARE NONCONFORMING AS TO PARKING TO CONTINUE OPERATING WITH RESTRICTIONS THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY ORDAIN: SECTION I Section 3.50.050 of the Zoning Ordinance is amended to read as follows: SEC. 3.50.050: DURATION OF NONCONFORMING USE STATUS This Section 3.50.050 regulates the duration of nonconforming uses. (Nonconforming buildings are regulated by Section 3.50.060.) A nonconforming use must cease at the end of the applicable period. The duration of all nonconforming uses is: (1) The following uses are allowed to continue interminably: (a) Nonconforming residential uses (except nonconforming secondary dwelling units pursuant to Section 3.98 of this Ordinance). (b) Schools. (c) Church uses. (d) Nonresidential uses in the downtown which would otherwise be nonconforming due to zone changes and ordinance amendments which occurred after July 1, 1982. (e) Residential care facilities for the elderly that existed as of January 1, 1988 and are nonconforming only as to parking. (f) Hotels /motels located in residential zones which were converted to multiple family dwelling units prior to March 22, 1986, if a Conditional Use Permit is obtained. c16 \ords \a -91 -3a (g) Commercial uses that are nonconforming as to parking if parking has been provided on -site by July 1, 1992, or 20 years from the date the use became nonconforming which ever is later. Parking must be provided to the maximum extent possible given existing physical constraints of the property such as building location and coverage, trees and other physical barriers or features. Any commercial property that is nonconforming as to parking shall not be allowed to intensify use or improve the property other than as required for normal maintenance. Examples of changes that would be permitted are painting (interior /exterior), normal maintenance to electrical, plumbing and mechanical equipment, signage with required permits, and uses with applicable use and occupancy permits. (2) A junk yard must cease 90 days from the date it becomes nonconforming. (3) Where there are improvements on land, but of a type for which no Building Permit would currently be required, the nonconforming use must cease three years from the date the use becomes nonconforming. (4) Where the land is improved with one or more structures of a type for which a Building Permit would currently be required and the structure(s) are utilized in connection with the nonconforming use, the authorized period of duration of the nonconforming use is 20 years from March 23, 1966 or 20 years from the date the use became nonconforming, whichever is later. (5) Commencing in 1982, where a Zoning Amendment is adopted which causes a use to be nonconforming solely by subjecting it to the requirement of obtaining a Conditional Use Permit, all uses affected by the Amendment c16 \ords \a -91 -3a 2 must apply for a Use Permit within sixty days (60) after the Amendment becomes effective. Failure to make such application shall render the subject use immediately unlawful. In making its decision on an application for a Conditional Use Permit made hereunder, the Commission shall, as one of the conditions of the permit, establish an amortization period, based on a reasonable accommodation between the public gains to be derived from a speedy removal of the nonconforming use and the private loss which removal of the use would entail. If any period of authorized duration is held by a court to be too short and therefore unconstitutional on its face or as applied, the period of duration shall be extended to such time as the court determines is lawful. SECTION II This Ordinance takes effect 30 days after the date it is adopted. Within 15 days after this Ordinance is adopted, the Town Clerk shall cause it to be published once in a newspaper of general circulation published and circulated in the Town. c16 \ords \a -91 -3a 3 This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on December 16, 1991, and adopted by the following vote as an ordinance of the Town of Los Gatos at a meeting of the Town Council of the Town of Los Gatos on January 6, 1992. COUNCIL MEMBERS: AYES: Randy Attaway, Steven Blanton, Brent N. Ventura, and Mayor Eric D. Carlson NAYS: None ABSENT: None ABSTAIN: Joanne Benjamin SIGNED: n MAYOR OF THE TOWN OF LOS GATOS ATTEST: CLERK OF THE TOWN OF LOS GATOS c16 \ords \a -91 -3a 4