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Ord 1344 - AMENDING THE ZONING ORDINANCE OF THE TOWN OF LOS GATOSORDINANCE NO. 1344 ORDINANCE AMENDING THE ZONING ORDINANCE OF THE TOWN OF LOS GATOS THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN: SECTION 1. Section 2.00.145 of the Zoning Ordinance of - the Town of Los Gatos is .repealed. SECTION 2. Section 2.00.157 is added to the Zoning Ordinance of the Town of Los Gatos to read: SEC. 2.00.157 DESTROY Destroy includes demolish or raze, fully or partially, any building or structure by any means including, but not limited to fire, explosion, act of God, act of the public enemy, voluntary act of the owner or wrongful act of another. SECTION 3. Section 2.00.350 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 2.00.350: NONCONFORMING BUILDING A nonconforming building is a building which was lawfully erected but under the terms of this Ordinance is too close to a property line, too close to a street, too high, covers too much of a lot or is of the wrong type. -1- SECTION 4. Section 2.00.352 is added to the Zoning Ordinance of the Town of Los Gatos to read: SEC. 2.00.352 NONCONFORMING LOT A nonconforming lot is a lot which was lawfully created but under the terms of this Ordinance or the Subdivision Ordinance is too small, too narrow, too shallow or lacks sufficient street frontage. SECTION 5. Section 2.00.355 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 2.00.355 NONCONFORMING USE A nonconforming use is an activity or occupancy which was lawfully commenced but under the terms of this Ordinance is not permitted or is more intensive than is permitted. Examples of uses which are too intensive are those for which parking spaces required by this Ordinance are not provided or any use which is, under the terms of this Ordinance, one of an excessive number of units of use on the same zoning plot. This is not an exclusive listing. SECTION 6. Section 3.00.010 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 3.00.010 SCOPE The provisions of Chapters 3.10 through 3.65 apply to all zones. -2- SECTION 7. Section 3.38.020 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 3.38.020 RESID ZONES In residential zones (defined by section 4.10.005) the following signs may be erected: Class Land Use of Sign Number of Signs Total Area 1. Multiple Family Developments: a. Less than Wall One per lot 10 units signs frontage 18 sq. ft. b. 10 units or Wall One per lot more signs frontage 24 sq. ft. 2. Authorized Non - Residential Uses (including re- creational activities, Ground One per schools, churches, signs zoning plot 24 sq. ft. public utilities, lawful nonconforming uses, etc.): 3. Neighborhood Ground Number and 24 sq. ft. Identification signs location Signs (only for subject to neighborhoods determination with an area 3 by the acres or more): Committee SECTION 8. Section 3.38.030 of the Zoning Ordinance of the Town of Los Gatos is amended to read: -3- SEC. 3.38.030 O FFICE, COMMERCIAL AND INDUSTRIAL ZONES The rules for office, commercial and industrial zones (defined by sections 4.50.010 and 4.70.010) are specified in this section, by number in the following list, table and the footnotes. Rules 1 through 3 govern the calculation of the area of attached signs for each entity. Rules 3 through 9 govern the calculation of the total area of all signs for each zoning plot. The numbered rules apply only where the table so indicates. Attached signs may be erected on any wall of the building, however, the area of a sign on a wall that is not a business frontage may not exceed 25% of the sign area generated by the primary business frontage. In addition, signs cannot be erected on a nonbusiness frontage wall if the zoning plot is contiguous to a residential zoning district and if the wall faces that district. (1) Sign area is generated in the ratio of one square foot for each lineal foot of primary business frontage plus one square foot for each lineal foot of secondary business frontage provided that the sign area generated by each secondary business frontage cannot exceed 50% of the sign area generated by the primary business frontage. (2) Sign area is generated in the ratio of one square foot for each lineal foot of primary business frontage Q� plus one -half square foot for each lineal foot of secondary business frontage. (3) The area of signs suspended from marquees is not restricted by any rule limiting total sign area. (4) The total area of all signs on a zoning plot shall not exceed one square foot of sign area for each lineal foot of lot frontage. (5) The total area of all signs on a zoning plot shall not exceed the total area predicated by all of the business frontage. (6) For shopping centers the area of a ground sign is not restricted by any rule limiting total sign area on the zoning plot. (7) For shopping centers the area of a freestanding sign is not restricted by any rule limiting total sign area on the zoning plot. (8) The area of time and temperature signs is not restricted by any rule limiting total sign area. (9) The area of any attraction board shall be included in the calculation of the area of signs of the same class and in the calculation of the total area of signs on a parcel. -5- (Next page is 5(a)) f •fir` ":4•�i l y 0 gg t' ry ' N QI Ol C ro O C c p (� L N a+ N O L _ 4 - N ro O O p +J Cn N tp L v c E N OL N c� > u L C C O CJ C N ut N N C O c U N C 7 C U •o O N N C L L C VI N N O N N O - L > E N4 L VI U > L N C 0 O E L •c •- N •- L U 3 f c Vi UL O N u c LL N C V- > Cn N 0- C L ac o >. L •- - c O E cn 0 ri E •- N N N z a - 5 ( a) - ( Next page is 6.) o X •- v N N O X N U u L D 7 _ a /> E_ +1 X. %4 N 7 N � X N 7 N N O O O N 00 pa l X X X X N 0 N X N N N - m U\ N O U1 U1 N N Ul M 0 U X X X X N N -:t O N X X U V) N M V N a0 cX N = M Ln N 1 X X X X N N 10 N X X M m U Vf N CC N M co _ .. 7 � 7 w CL •.C1 00 •E •-- �O X X X >< r N -t O O - C CIO 0 Out O O -m Vy V p N N N t L V1 V7 N O X VI N CO N In N L C O N 7 �r U_ U r � N M, X N 7 C 7 C:: > •I1 •- N lu 4 .. .. 41 C _ 1-+ 4- .. 4- i•. C Z N 4- rp L N D U 4- .. Q• 4- F- r I®I + A _ 41 Q 4 C N N vt v ^ O ti O Q r0 M®1+ O V) O Z 0.N v pw� rn •_ L o O a U m U - � (o N N i LL V ro V • C L L a • C L L 7 L a a C N N U ED a Ql qA i� F-/ U y.i 4- C E (J hrt 1 N a L p p N N t. p p L y 11 /,��1h//� L L L py N 1 y qq � � O a, - 2 .- -C a in a a i E o ' - cm a i C ® U Q7 d C O W` C O Z O S Fes! c L O 4- C� O ov N =O +� — p ��C �1 r' V L O L N (� U y r/� vl 41 a p4 4- 4- 0 z - E _ `n9 P Nm L ��' �• 1W1•- 4) ` 7 L N QI Ol C ro O C c p (� L N a+ N O L _ 4 - N ro O O p +J Cn N tp L v c E N OL N c� > u L C C O CJ C N ut N N C O c U N C 7 C U •o O N N C L L C VI N N O N N O - L > E N4 L VI U > L N C 0 O E L •c •- N •- L U 3 f c Vi UL O N u c LL N C V- > Cn N 0- C L ac o >. L •- - c O E cn 0 ri E •- N N N z a - 5 ( a) - ( Next page is 6.) SECTION 9. Chapter 3.50 of the Zoning Ordinance of the Town of Los Gatos is repealed. SECTION 10. Chapter 3.50 is added to the Zoning Ordinance of the Town of Los Gatos to read: CHAPTER 3.50 NONCONFORMING BUILDINGS, LOTS AND USES SEC. 3.50.010 SCOPE This Chapter 3.50 regulates nonconforming buildings, lots and uses other than nonconforming signs, which are regulated by Chapter 3.39. SEC. 3.50.020 NONCONFORMING STATUS Nonconforming status begins only because of: (1) Annexation of territory to the Town, (2) Amendment to this Ordinance, a previous Zoning Ordinance of the Town or the Subdivision Ordinance, (3) Rezoning. A use or a building which was lawfully begun (or in the case of a building, lawfully erected) but which lacks a conditional use permit currently required by this Ordinance is nonconforming and subject to the rules of this Chapter. SEC. 3.50.030° UN LAWFUL BUILDINGS, LOTS AND USES If a building, lot or use does not conform to the requirements of this Ordinance or any other ordinance of the Town, and is not nonconforming as defined by this Ordinance, it is unlawful and a nuisance. SEC. 3.50.040 CESSATION OF NONCONFORMING USES If a nonconforming use does not involve occupancy of a building and is discontinued for 30 consecutive days the use shall not be resumed. If a nonconforming use involves occupancy of a building and is discontinued for 180 consecutive days the use shall not be resumed, except as provided in section 3.50.080. Token use does not toll or interrupt a period of discontinuance. SEC. 3.50.050 DURATION OF NONCONFORMING USE STATUS This section 3.50.050 regulates the duration of non- conforming 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) Nonconforming residential, school, and church uses are authorized to continue interminably. (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 -7- 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. 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. SEC. 3.50.060: DURATION OF NONCONFORMING BUILDING STATUS A nonconforming office, commercial or industrial building located in a residential zone must, by demolition, removal or alteration be made to conform with the rules of the zone when the building is older than shown on the following schedule: (1) U.B.C. Type 4 or 5 buildings: 25 years (2) U.B.C. Type 2 or 3 buildings: 40 years (3) U.B.C. Type 1 buildings: 50 years When any of the foregoing time periods have elapsed, the building in question no longer has status as a non- conforming building. However, when a nonconforming building houses a nonconforming use the building need not be made to conform until the nonconforming use ceases as provided in section 3.50.040, or expires as provided in section 3.50.050, whichever happens first. SEC. 3.50.070 RECORD OF NONCONFORMING USES AND BUILDINGS The Planning Director shall maintain a list of all nonconforming uses required to cease by the provisions of section 3.50.050 and all nonconforming buildings required to be made to conform by section 3.50.060. The list shall state the nature of the nonconformity, the date and reason it became nonconforming, and the date the use must cease or the building must be made to conform. SEC. 3.50.080 CHANGING USE OF A NONCONFORMING BUILDING A conditional use permit is required whenever the activity in a building which is nonconforming as to type is changed regardless of whether the activity is otherwise proper under this Ordinance. 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 shall be imposed. If the new activity would not be allowed under the rules of the zone a conditional use permit cannot be issued unless the requirements of section 3.50.090 are fulfilled. SEC. 3.50.090 USE OF NONCONFORMING BUILDINGS If the owner of a nonconforming building proves in a section 3.50.080 proceeding that the building is suited, even with reasonable modification, only to house activity which is not allowed in the zone, the building may be used to house activity which is not allowed in the zone if the proposed 'gym activity is clearly more consistent with the activities allowed in the zone than the most recent lawful activity in the building. If the owner of a nonconforming building proves in a section 3.50.080 proceeding that the building is suited, even with reasonable modification, to house activity which is identical to the most recent lawful activity in the building and no activity which is more consistent with the activities allowed in the zone, the building may be used to house activity substantially identical to the most recent lawful activity' in the building. In no event may the building be used to house activity which is less consistent with the activities allowed in the zone than the most recent lawful activity in the building. SEC. 3.50.100 FINDINGS The general availability of users for the building may be considered in determining what uses a building is suited for, but the fact of a scarcity of buyers or tenants or the capabilities or intentions of the owner or specific occupant or proposed occupant do not by themselves justify a finding that a building is only suited to house an activity which is not allowed in the zone. SEC. 3.50.110 EXPANSION OF NONCONFORMING BUILDING This section 3.50.110 regulates the expansion of nonconforming buildings. (1) The expansion of nonconforming commercial or industrial -10- buildings located in residential zones (section 4.05.010) is prohibited. (2) The expansion of nonconforming multiple family dwellings in the RC, HR, R -1, or R -D zones is prohibited. (3) The expansion of nonconforming industrial buildings in an office or commercial zone (section 4.50.010) is prohibited. (4) Nonconforming one or two family dwellings in any zone may be expanded with the approval of the Planning Director. (5) Architecture and Site Approval is required for the expansion of any nonconforming building except as provided in ( 4 ) above. SEC. 3.50.115: RULES GOVERNING THE EXPANSION OF NONCONFORMING BUIL DINGS When expansion is allowed by section 3.50.110, the following rules apply: (1) When a building is too close to a property line or a street, an expansion may not be nearer to a property line than the existing wall of a building is to that property line. The projections listed in section 4.10.100(2) except chimneys and bay windows may project beyond the wall of the expanded portion subject to the rules of section 4.10.100(2). (2) When a building is too high, the expansion must be within the current height limitations. -11- (3) When a building covers too much land no expansion is allowed which would increase the coverage. However, second floor additions are allowed as long as the area of the second floor does not exceed the area allowed to be covered by the rules of the zone. (4) Approval can be denied if the expansion would in any way cause a safety problem or be detrimental to the public welfare. (5) The expansion must take place either on the zoning plot as it existed on the date the building became nonconforming or on the existing zoning plot, whichever is smaller. (6) The expansion must not impede the orderly development or redevelopment of neighboring property in a manner which will conform to both the General Plan and the current zoning. (7) The expansion must not in any way increase the burden which the nonconforming building imposes on the neighborhood. (8) Approval of the expansion may. not be inconsistent with the general policy of phasing out nonconforming WRV -� SEC. 3.50.120: WORK ON BUILDINGS Except as provided in section 3.50.110, no nonconforming building subject to the provisions of section 3.50.060 shall -12- be enlarged, extended, reconstructed or structurally altered, unless such building is altered to comply with the regulations of the zone where it is located. Work involving ordinary structural alterations or replacements of walls, fixtures or plumbing shall be authorized on such buildings when the cost of the work in any 12 month period does not exceed 50 per cent of the building's value. Value is the estimated cost to replace the building in kind, and is determined by the Building Official. The provisions of this section do not forbid the rebuilding or restoration of a destroyed nonconforming building when authorized by the provisions of section 3.50.130. SEC. 3.50.130 REBUILDING NONCONFORMING BUILDINGS If a nonconforming single or two family dwelling, school or church located in any zone is destroyed, it may be rebuilt on the same foundation in substantially the same manner as it existed before its destruction. If a nonconforming multiple family dwelling located in an R -lM, R -M, or any office, commercial or industrial zone (sections 4.50.010 and 4.70.010) is destroyed, it may be rebuilt on the same foundation, with the same number of units, in substantially the same manner as it existed before its destruction. If any other nonconforming building is destroyed to - the extent of more than 50 per cent of its value, then, without further action by the Town, said building and the land on -13- which said building was located shall from and after the date of said destruction be subject to the regulations specified by ordinance for the zone where such land and building are located. Value is determined by the Building Official. SEC 3.50.140 NONCONFORMING LOTS The following provisions apply to nonconforming lots: (1) If the lot is in a residential zone, a single family dwelling may be erected if Architecture and Site Approval is obtained. (2) If the lot is in other than a residential zone, it may be used for any purpose allowed in the zone. (3) Any rule of the zone including front, side and rear yard requirements may be modified by the terms of the Architecture and Site Approval so that the building and its use will be compatible with the neighborhood. SECTION 11. Section 4.05.010 is added to the Zoning Ordinance of the Town of Los Gatos to read: SEC. 4.05.010 RESIDENTIAL ZONES Residential zones are the RC, HR, R-1, R -1M, RD and R -M zones. MXA_ SECTION 12 . Chap 4.20 of the Zoning Ordinance of the Town of Los Gatos is repealed. SECTION 13. Section 4.40.005 is added to the Zoning Ordinance of the Town of Los Gatos to read: SEC. 4.40. NONRESIDENT ZONES Nonresidential zones are those other than the zones listed as residential zones in section 4.05.010 and overlay zones as listed in section 4.80.010. SECTION 14. Section 4.40.010 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 4.40 .010: USE OF DWELLINGS In office, commercial and industrial zones (sections 4.50.010 and 4.70.010) no building, or portion of any building, designed or intended to be used for, or which has been used for dwelling purposes shall be used for any nonresidential use unless Architecture and Site Approval is obtained. The reviewing body shall consider, but is not limited to, the following rules in determining applications for such approval: (1) The standards specified for Architecture and Site Approval. -15- (2) Whether the building will be either rehabilitated in a manner consistent with its original character, or modified to be architecturally compatible with contemporary commercial or industrial structures in the vicinity. (3) Whether there will be appropriate use of existing plants and other landscaping. SECTION 15. The first sentence of section 4.40.070 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 4.40.070: PERFORMANCE STANDARDS The following performance standards apply in the CM zones SECTION 16. Section 4.50.010 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 4.50.010 SCOPE Office and commercial zones are the 0, C -1, C -2, CC and CH zones. SECTION 17. Section 4.70.010 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 4.70.010 SCOPE Industrial zones are the LM and CM zones. -16- SECTION 18. Section 4.80.010 of the Zoning ordinance of the Town of Los Gatos is amended to read: SEC. 4.80.010 SCOPE Overlay zones are the PD, R (Rehabilitation) and LHP zones. The zone with which an overlay zone is combined is called the underlying zone. SECTION 19. Subparagraph (17); is added to section 5.60.010 of the Zoning Ordinance of the Town of Los Gatos to read: (17) Keeps lists of nonconforming uses and buildings. SECTION 20. Subparagraph (6) of section 5.60.100 of the Zoning Ordinance of the Town of Los Gatos is repealed. SECTION 21. Subparagraph (5) of section 5.60.200 of the Zoning Ordinance of the Town of Los Gatos is repealed. SECTION 22. 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 January 3 , 19 77 and adopted by the following vote as an ordinance of the Town of Los -17- Gatos at a regular meeting of the Town Council on January 17th 19 77 . AYES: COUNCIL MEMBERS M ark B. DiDuca, Mardi Gualtieri, John B. Lochner, Albert B. Smith and Ruth Cannon NOES a COUNCIL MEMBERS None ABSTAIN: COUNCIL MEMBERS None ABSENT: COUNCIL MEMBERS None SIGNED: �- MAYOR OF THE TOWN OF LOS GATOS ATTEST: CLERK Q I TH " TOW /` OF LGt GATOS 2