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Ord 1496 - AMENDING THE ZONING ORDINANCE CONCERNING NONCONFORMING USESORDINANCE NO. 1496 AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE CONCERN - ING NONCONFORMING USES THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ORDAINS: SECTION 1. Section 3.50.085 is added to the Zoning Ordinance of the Town of Los Gatos to read: SEC. 3.50,085 MODIFICATION OF A NONCONFORMING USE After May 6, 1951 , a use which is nonconforming shall 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) increases 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 2. not Section 3.50.086 is added to the Zoning Ordinance of the Town of Los Gatos to read: 4/8/81/oh SEC. 3.50.086 PROCEEDINGS TO DETERMINE THAT NONCONFORMING USE IS NO LONGER LAWFUL Failure to comply with any of the requirements of this Chapter shall render an otherwise valid, nonconforming use unlawful under section 3.50.030. Proceedings to make a de- termination of such unlawfulness shall be held in the same manner as set forth in section 5.30.120. Any notice given for such proceeding should indicate that the result of the proceeding may be cessation of the modified use or a con- tinuation of the modified use with a conditional use permit. SECTION 3. Section 3.50.087 is added to the Zoning Ordinance of the Town of Los Gatos to read: SEC. 3.50.087 GROUNDS FOR DETERMINING THAT A NONCONFORMING USE IS NO LONGER LAWFUL After the hearing the deciding body may declare a noncon- forming use unlawful if it finds that one or more of the follow- ing grounds exist: (1) That the nonconforming use is being, or has been, exercised contrary to the terms or conditions of the original approval; or any conditional use permit issued under section 3.50.085; or (2) That the nonconforming use is so exercised as to be detrimental to the public health or safety, or to be a nuisance; or (3) That a person has modified a nonconforming use without a use permit under section 3.50.085, or has continued such modification after a permit therefore has been denied. -2- SECTION 4. Section 3.50.088 i_s added to the Zoning Ordinance of the Town of Los Gatos to read: SEC. 3.50.088 REMEDIES -- CONDITIONAL USE PERMIT In section 3.50.086 proceedings, the deciding body may allow the modification to continue under a conditional use permit or allow the nonconforming use to continue without a conditional use permit if the use is restored to the previous level. In no event shall the issuance of a conditional use permit extend the period during which such use may lawfully be continued. The deciding body may impose any conditions which are reasonably necessary to protect the neighborhood or the general public welfare or to promote the policy of phasing out nonconforming buildings and uses. The effective date of the conditional use permit will be delayed until all application fees are paid. If the fees are not paid within the period specified by the deciding body, the use will be deemed unlawful. SECTION 5. Section 5.20.230 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 5.20.230: C ONDITIONAL USE MODIF A use authorized by conditional use permit shall not be modified unless a modification to the permit is approved. The following changes in use are modifications: (1) Any change that is an intensification of use. (Including but not limited to: (a) additions to seating capacity or gross floor area, (b) increases in parking required, other than the requirement of increases because of ordinance. -3- 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 than the hours specified in the existing conditional use permit.) (2) Any change that is a substantial departure from plans which were the basis of the conditional use permit approval. SECTION 6. Section 5.60.200 of the Zoning Ordinance of the Town of Los Gatos is amended to read: CGr F rn 9nn• PIDNNTNr, rnMMTgcTnN (22) Determines whether a nonconforming use is no longer lawful. SECTION 7. 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 April 6 1981, and adopted by the following vote as an ordinance of the Town of Los Gatos at a regular' _ meeting of the Town Council on April 20 1981. AYES: COUNCIL MEMBERS Ruth Cannon, Thomas J. Ferrito, MarLyn J. Rasmussen, Brent N. Ventura and Peter W. Siemens NOES: COUNCIL MEMBERS None ABSTAIN: COUNCIL MEMBERS None ABSENT: COUNCIL MEMBERS None SIGNED: LYE fJ A c R OF THE TOWN OF LOS GATOS ATTEST: CLERK OF THE TOWN OF LOS O TOS M