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Ordinance 1174 - AMENDING THE ZONING ORDINANCE CONCERNING NONCONFORMING USESORDINANCE NO. 11 ORDINANCE AMENDING THE ZONING ORDINANCE CONCERNING NONCONFORMING USES. THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN: SECTION 1. Section 28.8 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 28.8: CESSATION OF NONCONFORMING USES If a nonconforming use of land. does not involve occupancy of a building, and. is discontinued for a continuous period of 30 days, the use shall not be resumed. If a nonconforming use of a building is discontinued for a continuous period of 6 months the use shall not be resumed.. No token use shall toll or interrupt a period of discontinuance. SECTION 2. Section 28.9 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 28.9 CHANGES ENLARGEMENTS AND EXPANSIONS OF NONCONFORMING USES Neither a nonconforming use nor the structure or other physical facility housing or employed. by a nonconforming use shall be augmented. except as provided in this section. -1- The physical facilities, including, but not limited to buildings, associated with a nonconforming use may be augmented when approval has been granted by the Architecture and Site Committee. The Committee may grant such approval only when, after a hearing held in the manner required for variances, it makes findings based on the evidence that the augmentation: a. Will take place either on the zoning plot as it existed on the date the use became nonconforming or on the zoning plot that exists at the time of the hearing, whichever is smaller, b. Will not impede the orderly development or re- development of neighboring property in a manner which will conform to both the General Plan and. the currently applicable zoning ordinance, c. Will not in any way increase the burden which the nonconforming use imposes on the neighborhood, and d.. Will not be inconsistent with the general policy of phasing out nonconforming uses, e. Or, as an alternative to subparts b. , c. and d.. , but not a., the requested change is required. by law. In no event shall augmentation of a nonconforming use extend the period during which such use may lawfully be continued.. -2- This ordinance shall take effect and shall be in force 30 days after the date of its adoption. The Town Clerk of the Town of Los Gatos shall cause this ordinance to be published, once within 15 days after its adoption, in the Los Gatos Times- Saratoga Observer, a newspaper of general circulation, published and. circulated in the Town of Los Gatos. The above and foregoing ordinance was duly and, regularly introduced at a regular meeting of the Town Council of the Town of Los Gatos held on the 12th, day of August 1974. PASSED AND ADOPTED as an ordinance of the Town of Los Gatos, California, at a regular meeting of the Town Council, held on the 3rd _„ day of September , 1974, by the following vote AYES: COUNCILMEN Rutb gannon Mark B. DiDuca 1 e t D. 5LnIth h ochne NOES: COUNCILMEN None ABSENT- COUNCILMEN Eon Jensen SIGNED: MAYY4 OF THE TOWN OF LOS GATOS ATTEST: �;Ft �^ CLERK, F THE TOWN �� LOS, ATOS G -3-