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Ord 1674 - AMENDING CHAPTER 4.86 OF THE ZONING ORDINANCE RELATING TO PERMITTED USES IN THE LANDMARK HISTORIC PRESERVATION OVERLAY ZONE.ORDINANCE NO. 1674 AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING CHAPTER 4.86 OF THE ZONING ORDINANCE RELATING TO PERMITTED USES IN THE LANDMARK HISTORIC PRESERVATION OVERLAY ZONE. THE TOWN COUNCIL ORDAINS: SECTION 4.86.050 is amended to read: SECTION I. SEC.4.86.050: DESIGNATION BY ORDINANCE (1) The Council may by ordinance designate: (a) One or more individual structures or other features, or integrated groups of structures and features on one or more lots or sites, having a special character or special historical, architectural or aesthetic interest or value, as landmarks, and shall designate a landmark site for each landmark, and (b) One or more areas containing a number of structures having special character or special historical, architectural or aesthetic interest or value, and constituting distinct sections of the Town, as historic districts. (2) Each designating ordinance shall include a description of the characteristics of the landmark or historic district which justify its designation, and a list of any particular features in addition to those features which would be affected by work described in section 4.86.120 that are to be preserved, and shall specify the location and boundaries of the landmark site or historic district. (3) A lot zoned LHP may only be used in the manner provided in the underlying zone, however, the Town Council, on the basis of the evidence submitted at the hearing, may permit an existing use not otherwise permitted in the underlying zone to continue providing the Council makes the following findings: (a) The use has been legal and continues to operate in a manner that is not detrimental to other uses in the general vicinty, and (b) There is no history of complaints about the use, and (c) Removal of the use to another location would effectively end the significance of the historical designation on the property, and (d) The use has been legally and continuously operating for at least 50 years. The specific use and the findings to support its continuance shall be incorporated in the designating ordinance. (4) If the use permitted by subsection 3 above is discontinued for 180 consecutive days, the use shall not be resumed and the use of the property shall conform with the provisions of the underlying zone: Token use does not toll or interrupt a period of discontinuance. (5) The property designated shall be subject to the controls and standards contained in Chapter 4.86. In addition, the property shall be subject to the following further controls and standards if imposed by the designating ordinance: (a) For a publicly -owned landmark, review of proposed changes in major interior architectural features. (b) For a historic district, such further controls and standards as the Council finds necessary or desirable, including but not limited to facade, setback and height controls. - 2 - (6) The Council may amend or rescind a designation only by ordinance, after Commission and Council hearings as required for original designations. 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. This ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on February 3rd 1986 and adopted by the following vote as an ordinance of the Town of Los Gatos at a regular meeting of the Town Council on Feburary 18th 1986. AYES: COUNCIL MEMBERS Eric D. Carlson, Thomas J. Ferrito, Brent N. Ventura, and Mayor Terrence J. Daily NOES: COUNCIL MEMBERS None ABSTAIN: COUNCIL MEMBERS None ABSENT: COUNCIL MEMBERS Joanne Benjamin SIGNED: MAYOR OF THE TOW OF LOS aA OS ATTEST: CLERK OF THE O N OF LOS G S ZONIN:A- 85 -140RD _3-