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Ord 1821 - AMENDING THE ZONING ORDINANCE TO ALLOW NONCONFORMING HOTELS /MOTELS LOCATED IN RESIDENTIAL ZONES THAT WERE CONVERTED TO MULTIPLE FAMILY DWELLING UNITS PRIOR TO MARCH 22, 1986ORDINANCE 1821 AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE TO ALLOW NONCONFORMING HOTELS /MOTELS LOCATED IN RESIDENTIAL ZONES THAT WERE CONVERTED TO MULTIPLE FAMILY DWELLING UNITS PRIOR TO MARCH 22, 1986 THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ORDAINS: SECTION I. Section 3.50.050 of the Zoning Ordinance is amended to read: 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 3.50.60.) 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: (Amended by Ord. 1546, 8- 16 -82) (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. (Amended by Ord. 1716, 4- 20 -87) (e) Residential care facilities for the elderly that existed as of January 1, 1988 and are nonconforming only as to parking. (Amended by Ordinance 1754, 7 -5 -88) (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. (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 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. (Added by Ord. 1532, 4- 20 -82) 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. PL01 \Cnc1rpts \4 -16 #5 2 SECTION II. Section 3.50.085 of the Zoning Ordinance is amended to read: SEC. 3.50.085: MODIFICATION OF A NONCONFORMING USE After May 6, 1981, (March 22, 1986, for hotels and motels located in residential zones that were converted to multiple family dwelling units) a use which is nonconforming shall not be modified without obtaining a Conditional Use Permit therefor. A modification shall be defined as follows: (1) Any change that is an intensification of use. (Including but not limited to: (a) additions to seating capacity or gross floor area, (b) increase in parking required, other than the requirement of increases because of ordinance amendment, (c) use of additional land, (d) commencement of new activities, and /or (e) increase in the number of hours of operation or staying open later and such change of hours imposes a new burden on the surrounding neighborhood.) (2) Any change that is a substantial departure from plans which were the basis of any approved use. SECTION III. 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. PL01 \Cncirpts \4 -16 #5 3 This ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on May 7, 1990, and adopted by the following vote as an Ordinance of the Town of Los Gatos at a regular meeting for the Town Council on May 21, 1990. COUNCIL MEMBERS: AYES: Joanne Benjamin, Eric D. Carlson, Robert L. Hamilton and Brent N. Ventura NAYS: Thomas J. Ferrito ABSENT: None ABSTAIN: None SIGNED: MAYOR OF LOS GATOS, TOWN OF LOS GATOS [FORNIA ATTEST: CLERK OF THE TOWN OVOS GATOS LOS GATOS, CALIFORNIA PL01 \Cnclrpts \4 -16 #5 4