Ord 0392-ADOPTING A ZONING OR DISTRACTING PLANORDINANCE NO. 392
AN ORDINANCE OF THE TOWN OF LOS GATOS, COUNTY OF
SANTA CLARA, STATE OF CALIFORNIA, ADOPTING A ZONING
OR DISTRICTING PLAN FOR SAID TOWN, WITHIN WHICH
CERTAIN REGULATIONS SHALL BE IN EFFECT RELATING TO
THE USES OF LAND AND BUILDINGS, HEIGHT LIMITS OF
BUILDINGS, AND YARDS AND OTHER OPEN SPACES ABOUT
BUILDINGS; REQUIRING THAT CERTAIN PERMITS SHALL BE
SECURED FOR CERTAIN OF SUCH BUILDINGS AND UST7S.
DEFINING CERTAIN TERMS USED HEREIN; AND SPECIFYING
THE PROCEDURE FOR THE AMENDMENT, AND PRESCRIBING
PENALTIES FOR THE VIOLATION OF ANY OF THE PROVISIONS
HEREIN; REPEALING ALL OTHER ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH.
The Town Council of the Town of Los Gatos does ordain as
Section 1.00 ADOPTION OF THE ZONING PLAN
Section 1.01 There is hereby adopted a zoning or districting plan as
a part of the master plan of the Town of Los Gatos, California. It
consists of the establishment of various districts, including therein
all the territory within the boundaries of said Town, within various
of which districts it shall be lawful, and within various of which
it shall be unlawful to erect, construct, alter, or maintain certain
buildings or to carry on certain trades or occupations or to make
certain uses of 1'nd, and/or within which the height and bulk of
buildings shall belimited, and/or within which certain open spaces
shall be required about buildings and consisting, further, of
appropriate regulations to be enforced in such districts, all as set
forth in this ordinance.
Section 1.02 The Town Council of the Town of Los Gatos hereby finds
and declares that this ordinance is necessary in order to encourage
the most appropriate use of land throughout the Town; to stabilize
and conserve the value of property; to provide adequate light, air
and reasonable access; to secure safety from fire and other dangers;
to prevent overcrowding of land;'to avoid undue concentration of
population; to facilitate the adequate provision for transportation,
water, sewerage, schools, parks and other public improvements; and
in general to promote the public health, safety, peace, morals,
comfort and welfare, all in accordance with a comprehensive Zoning
Ordinance and Aaster Plan.
Section 1.03 This ordinance shall e known\as the "Zoning Ordinance
of the Town of Los Gatos" and may be so O'ited and pleaded. References
to Section numbers herein are to the Sections of ths Ordinance.
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Section 2.00 DEFINITIONS
Section 2.01 For the purpose of this ordinance certain terms and
words are herewith defined as follows:
Section 2.02 The words "used for" include "designed for" and vice
versa, words used in the present tense include the future, words
in the singular number include the plural and vice versa; the
word "building" includes "structure", and the word "shall" is
mandatory and not directory; the word "lot" includes the words
"parcel" and "plot"; the word "Town Council" as used herein, shall
mean the Town. Council of the Town of Los Gatos; the word "Planning
Commission" shall mean the Town Planning Commission of the Town of
Los Gatos, California. Unless otherwise indicated, reference in
this ordinance to whole numbers of sections includes all of the
decimal numbered paragraphs listed under such whole numbered
section, i.e. a reference to Section 1.00 includes Sections 1,01,
1,02, where the same are applicable.
Section 2.03 ACCESSORY BUILDING: A detached, subordinate building
whose use is clearly incidental to that of the main building, or
to the main use of the land, and which shall not contain living or
sleeping quarters or storage for commercial motor vehicles in
excess of three-quarter (3/4) ton size.
Section 2.0. "' AIRPORT:; Any area of land or water designed, used, or
intended to be used, or set aside for the landing and taking off of
aircraft. The term "Airport" includes all necessary taxi -ways,
aircraft storage and tie -down area, . hangars and other necessary
buildings and open spaces.
Section 2.05 ALLEY: Any public thoroughfare which affords only ,a
secondary means of access to abutting property.
Section 2.06 ALTERATION - STRUCTURAL: Any change which would tend to
prolong the life of the supporting members of a building or
structure, such as bearing walls, columns, beams or girders.
Section 2.07 APARTMENT HOTEL: A building or portion thereof designed
for or containing both individual guest rooms or suites of rooms
and dwelling units.
Section 2.08 APARTMENT HOUSE: Same as "Dwelling Multiple",
Section 2.09 AUTO COURT: Same as "Tourist Court"
Section 2.10 AUTOMOBILE SERVICE STATION: Any premises used for
supplying gasoline and oil, at retail direct to the customer, in-
cluding minor accessories and services for automobiles, but ` not
including automobile repairs.
Section 2.11 AUTOMOBILE AND TRAILLti SALES AREA: An open area, other
than a street, usedfor the display, . sale or rental of new or used
automobiles or trailers, and where no repair work is done except
minor incidental repair of automobiles or trailers to be displayed
or sold on the premises
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Section 2.12 AUTOMOBILE WRECKING: The dismantling or wrecking of
used motor vehiclesor trailers, or the storage, sale or dumping of
dismantled, partially dismantled, obsolete or wrecked vehicles or
their parts.
Section 2.13 BASEMENT: A story partly or wholly underground. For
purposes of height measurements, a basement shall be counted as a
story where more than one-half of its height is above the average
level of the adjoining ground.
Section 2.14 BLOCK;That property so designated on an official map
of the town or part of the town, or bounded by streets, or by a
street or streets and railroad right-of-way, canal right-of-way or
unsubdivided acreage.
Section 2.15 BOARDING HOUSE: A building or portion thereof, other
than a hotel where meals and lodging for five (5) or more persons
ire. provided for compensation.
Section 2.16 BREEZEWAY: A covered passageway between buildings which
does not exceed ten (10) feet in width and which has at least one
side open, except for necessary supporting columns.
Section 2.17 BUILDING: A structure having a roof supported by
columns or walls for the housing or enclosure of persons, animals,
or chattels. Where a dwelling is separated by a division wall
without openings, each portion of such dwelling shall be deemed a
separate building.
Section 2.18 BUILDING, HEIGHT OF: The vertical distance measured
from the adjoining curb grade to the highest point of the roof
surface, if a flat roof; to the deck line of a mansard roof; and to
the main height level between eaves and ridge for a gable, hip or
gambrel roof; provided, however, that where buildings are set back
from the street line, then the height may be measured from the
average elevation of the finished grade along the front of the
building.
Section 2.19 BUILDING, MAIN: A building in which is conducted the
principal use of the lot on which it is situated. In any srRV
district any dwelling shall be deemed to be the main building on
the lot on which the same is situated.
Section 2.20 BUILDING, UNIT GROUP: Two or more buildings (other
t an dwei1ings) grouped upon a. lot and held under single ownership;
such as universities, hospitals, institutions and industrial plants.
Section 2.21 BUSINESS, RETAIL: Retail sale of any article, substance,
or commodity for profit or livelihood, conducted within a building
but not including the sale of lumber or other building materials or
the sale of second-hand goods or materials, (except used merchandise
clearly incidental to the regular business conducted on the premises).
Section 2.22 BUSINESS, WHOLESALE: The wholesale handling of any
article, substance or commodity for profit or livelihood, but not
including the handling of lumber or other building material, or the
open storage or sale of material or commodity and not including the
processing or manufacture of any product or substance.
Section 2.23 CAMP, TRAILER: An area or tract of land used or.
designed to accommodate two (2) or more automobile or house
trailers.
Section 2.24 CEMETERY: Land used or intended to be used for the
burial of the dead and dedicated for cemetery_purposes, including
colunbariums, crematories, mausoleums, and mortuaries when operated
in conjunction with and within the boundary of such cemetery.
Section 2.25 COURT: An open unoccupied space, other than a yard, on
the same lot with a building, or buildings, and bounded on two (2)
or more sides by a building, or buildings, including the open space
in a dwelling group providing access to the units thereof.
Section 2.26 COURT APARTMENT::' One, two or three multiple dwellings
arranged around two (2) or three (3) sides of a court which opens
onto a street, or a place approved by the Commission.
Section 2.27 CURB GRADE: The elevation of the established curb in
front of the building measured at the center of such front. Where
no curb grade has been established, the Town Engineer shall establish
such curb grade or its equivalent for the purpose of this ordinance.
Section 2.2£ DISTRICT: A portion of the Town within which certain uses
of land and buildings are permitted or prohibited and within which
certain yards and other open spaces are required and certain height
limits are established for buildings, all as set forth and specified
in this ordinance.
Section 2.29 DWELLING: A building or portion thereof designed ex-
clusively for residential occupancy, including single-family, two-
family and multiple -family dwellings, but not including hotels,
boarding and lodging houses.
Section 2.30 DWELLING UNIT: Two or more rooms in a dwelling or apart-
ment hotel designed for occupancy by one family for living purposes
and having only one kitchen.
Section 2.31 DWELLING, SINGLE-FAMILY: A detached building designed
exclusively for occupancy by one family.
Section 2.32 DWELLING, TWO-FAMILY: A building designed exclusively
for occupancy by two (2) families living independently of each other.
Section 2.33 DWELLING, MULTIPLE -FAMILY: A building or portion thereof,
designed for occupancy by three (3) or more families living
independently of each other.
Section 2.34 DWELLING GROUP: One or more dwellings, other than a
tourist court, arranged around two (2) or three (3) sides of a
court, which opens onto a street, or a place approved by the
Commission, including single-family, two-family or multiple
family dwellings and court apartments.
Section 2.35 EDUCATIONAL INSTITUTION :A college or university giving
general academic instruction equivalent to the standards prescribed
by the State Board of. Education.
Section 2.36 FAMILY: An individual, or two (2) or more persons
related by blood or marriage, or a group of not more than five (5)
persons (excluding servants) not related by blood or marriage,
living together as a single housekeeping unit in a dwelling unit.
Section 2.37 FRONTAGE: All the property fronting on one (1) side of
a street between intersecting or intercepting streets, or between
a street and a right-of-way, waterway, end of deadend street, or
town boundary, measured along the street line. An intercepting
street shall determine only the boundary of the frontage on the
side of the street which it intercepts.
Section 2.38 GARAGE, PRIVATE: A detached accessory building or
portion of a main building for the parking or temporary storage of
automobiles of the occupants of the premises.
Section 2.39 GARAGE, PUBLIC: A building other than a private garage
used for the care, repair, or equipment of automobiles, or where
s`.ch vehicles are parked or stored for remuneration, hire or sale.
Section 2.40 HONE OCCUPATION: An occupation customarily carried on
by the resident of a dwelling as a secondary use within the same
dwelling and in connection with which there is no person employed,
no sounds audible beyond said dwelling, no display, no advertising
and no selling of a commodity upon the premises.
Section 2.41 HOTEL: A building designed for occupancy as the more
or less temporary abiding place of individuals who are lodged with
or without meals, in which there are more than fifteen (15) sleeping
rooms usually occupied singly and in which no provision is made
for cooking in any individual room or suite.
Section 2.42 JUNK YARD: The us.e of more than 100 square feet of the
area of any lot for the storage of junk, including scrap materials
and metals, or wrecked vehicles and machinery, whether , or not sale
of such junk is made or proposed.
Section 2.43 KENNEL: Any lot or premises on which four
dogs, more than four (4) months of age are kept.
Section 2.44 LOADING AREA: An open area, other than a street or
alley, used for the loading or unloading of vehicles.
Section 2.45 LOADING SPACE: An off-street space or berth on the same
lot with a building, or contiguous to a group of buildings, for the
temporary parking of a commercial vehicle while loading or unload-
ing merchandise or materials, and which abuts upon a street or
other appropriate means of. access.
Section 2. 46 LODGING HOUSE: A building or portion thereof, other
than a hotel, where, lodging for five (5) or more persons is provided
for compensation,including rooming' house.
Section 2.47 LOT: Land occupied or to be occupied by a building, or
unit group o-buildings, and accessory buildings together with such
yards and lot area as are required by this ordinance, and having its
principal frontage upon a street, or a place approved by the
Commission.
(4)
or more
Section 2.48 LOT LINES: The lines bounding a lot as defined herein.
Section 2.49 LOT WIDTH: The horizontal distance between the side lot
lines, measurec"at rright angles to the lot depth at a point midway
between the front and rear lot lines.
Section 2.50 LOT DEPTH: The horizontal distance between the front and
rear lot lines, measured along the median between the two side lot
lines.
Section 2.51 LOT AREA: The total horizontal area within the lot lines
of a lot.
Section 2.52, LOT, CORNER: A lot, or portion thereof, not greater
than seventy-five (75) feet in u dth.and situated at the inter-
section of two (2) or more 'streets.
Section 2.53 LOT, REVERSED CORNER: A corner lot the side street line
of which is substantially a continuation of the front line of the
lot to its rear.
Section 2.54 LOT, INTERIOR: A lot other than a corner lot.
Section 2.55 LOT, THROUGH: k lot having frontage on two (2) parallel
or approximately parallel streets.
Section 2.56 MANUFACTURE: Preparation, making, treatment or pro-
cessing of articles as merchandise.
Section 2.57 EXISTING BUILDING: A building or structure or portion
thereof lawfully existing at the time this ordinance became
effective.
Section 2.58, EXISTING USE: A use which lawfully occupied a building
or land at the time this ordinance became effective.
Section 2.19 NURSERY SCHOOLS: A school used exclusively for the day-
time care of pre-school age children.
Section 2.60 PARKING AREA, PRIVATE: An open area, other than a street
or alie7usedfor the parking of the automobiles of occupants of
a dwelling.
Section 2.61 PARKING AREA, PUBLIC: An open area, other than a private
parking area, street, or alley, used for .the parking of automobiles
and available for public or quasi -public use.
Section 2.62 PARKING SPACE, AUTOMOBILE: Space within a building or a
private or public parking area for the parking of one (1) automobile.
Section 2.63 PLACE: An open unoccupied space other than a street or
alley, permanently reserved as the principal means of access to
abutting property.
Section 2.64 ROOMING HOUSE: Same as "Lodging House"..
Section 2.65 SCHOOL: ELEMENTARY OR HIGH: An institution which offers
instructions in the several branches of learning and study required
to be taught in the public schools by the Education Code of the
State of California, High Schools include Junior and Senior.
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Section 2.66 STABLE, PRIVATE: A detached accessory building for the
keeping of horses owned by the occupants of the premises and not
kept for remuneration, hire or sale.
Section 2.67 STABLE, PUBLIC: A stable other than a private stable.
Section 2.68 STORY: That portion of a:building included between the
surface of any `loor and the surface of the floor next above it, or
if there be no floor above it, then the space between: such floor and
ceiling next above it.
Section 2.69 STORY, HALF A story under a gable, hip or gambrel roof,
the wall plates of which on at least two (2) opposite exterior walls
are not more than four (4) feet above the floor of such story.
Section 2.70 STREET: A permanently reserved thoroughfare which affords
principal means of access to abutting property.
Section 2.71 STRUCTURES: Any thing constructed or erected, which
requires location on the ground or attached to something having a
location on the ground.
Section 2.72 TOURIST COURT: .A group of attached or detached buildings
containing individual sleeping or living units, designed for or used
temporarily by automobile tourists or transients, with garage
attached or parking space conveniently located to each unit, in
cluding auto courts, motels, or motor lodges.
Section 2.73 TRAILER, AUTOMOBILE: A vehicle without motive power,
designed to be drawn by a motor vehicle and to be used for human
habitation or for carrying persons and property, including a trailer
coach or house trailer.
Section 2.74 USE: The purpose for which land or a building is arranged
designed or intended, or for which either land or a building i-s or
may be occupied or maintained.
Section 2.75. YARD: An open space, other than a court, on a'lot',
unoccupied and unobstructed from the ground upward, except as other-
wise provided in this ordinance.
Section 2.76 YARD, FRONT: A yard extending across the full width of
the lot, the depth of which is the minimum horizontal distance between
the front lot line and a line parallel thereto on the lot.
Section 2.77 YARD, REAR: A yard extending across the full width of
the lot between the most rear main building and the rear lot line;
the depth of the requiredrear yard shall be measured horizontally.
from the nearest point of the rear lot line toward the nearest part
of a main building
Section 2.78 YARD SIDE: A yard between the main building and the side
lot line, extending from the front yard, or front lot line where no
front yard is required, to the rear yard; the width of the required
side yard shall bemeasured horizontally from the nearest point of
the side lot line toward the nearest part of a main building.
Section 3.00 DISTRICTS: In order to carry out the
provisions of this Ordinance, the Town is hereby
districts, known as:
r?R 2"
"rR3"
"Cl"
"CC"
"C2"
Ti2"
FULL NAME
Single-family District
Multiple -family District
Multiple -family District
Neighborhood Commercial District
Civic; Center ;District
General ,:Commercia.l:..District
Light Industrial District
Heavy Industrial District
purpose
divided
SHORT NAME
"Rlt" District
"R2" District
"R3" District
"Cl" District
"CC" District
"C2" District
"Ml" District
"M2" District
and
into
Section 3.01 COMBINING REGULATIONS. In addition to the foregoing
districts certain combining regulations are established as set
forth in this ordinance, said combining regulations being as
follows, to wit
FULL NAIT SHORT NAM
"A" Agricultural Zoning Area
"B" Special Building Site Zoning Area
"S" Special Zoning Area
"A."
"S"
District
District
District
Section 3.02 The districts aforesaid and the boundaries of such
districts are shown upon the map attached hereto and made a part
of this ordinance, being designated as the "Zoning Map of the
Town of Los Gatos," together with "Sectional District Map of the
Town of Los Gatos" supplementary thereto, including an "Index Map"
to said sectional .district maps. Said map and all notations,
references and other information shown thereon shall be as much a
part of this ordinance as if the matters and information set forth
by said map were all fully described herein.
Section 3.03 Whenever the terms "R". District, "C" District or "M"
District are used herein, they ..shall be deemed to refer to all
districts containing the same letter in their names, for example,
the term "0"District shall include the "Cl", "CC" and "C2". Districts.
Section 3.04 The, "Rl" District is the most restricted and the "12"
District is the least restricted.
Section 3,05 For "General Provisions" and "Exceptions" pertaining
to the following district regulations, see. Sections 15.00 and
16.00.
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Section 4.00 "R-1" SINGLE-FAMILY DISTRICT:
Section 4.01 The following regulations shall apply in the "R-1"
Single-family District:
Section 4.02 USE: No building, structure or land shall be used and
no building or structure shall be hereafter erected, structurally
altered or enlarged, except for the following uses:
Section 4.03 Single-family dwelling.
Section 4.04 Farming and truck gardening, if in compliance with all
other laws and ordinances pertaining to the Town.
Section 4.05 CHURCHES: (Except rescue mission or temporary revival)
provided all the following conditions are met:
(a) Yards: Front Yard . . • . 25 feet
Side Yards . . .... . 25 feet
Rear Yards .....•..... 20 feet
(b) A public parking area shall be provided on the basis of one
automobile parking space for each five persons provided with seats
in the church, such area to be improved as provided in Section
15.02.2.
(c) Front yard and side yard areas shall be improved and land-
scaped in a manner similar to the balance of residential property
in the neighborhood.
Section 4.06 Transitional uses shall be permitted in the "R-1"
District where a lot sideline abuts upon a lot in a "C" or "14"
District, provided such transitional use does not extend more than
one hundred (100) feet from the boundary of the less restricted
district which it adjoins, as follows:
(a) Two-family dwelling with the same area requirements as in
the "R-2" District.
(b) Professional office, such as that of an Accountant, Architect,
Artist, Attorney, Dentist, Doctor, (physician, surgeon, chiropractor,
chiropodist), Engineer, (registered) Surveyor, (licensed), provided
such use is conducted within a dwelling and the residential character
of such dwelling is not changed.
(c) Public parking area or loading area when located and developed
as required. in Section 15.02.2.
Section 4.07 CONDITIONAL USES: The following uses may also be
permitted if their location is first approved by the commission,
as provided for in Section 18.00: School (Elementary and High); and
park, playground or community center, owned and operated by a
governmental agency or a non-profit community organization; golf
course (except driving tee or range, miniature course and similar
uses operated for commercial purposes); and swimming pool, either
public or private.
Section 4.08 Uses customarily incident to any of the above uses,
including home occupations such as that of a dressmaker, milliner,
artist, physician, surgeon, dentist, minister of religion, or other
person authorized by law to practice medicine or healing, provided:
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(a) that such use shall not be interpreted to permit a principal
office for the practice of medicine, surgery, dentistry, or
healing; and
(b) that there shall be no assistants employed.
Section 4.09 Accessory building, not exceeding one (1) story nor
fourteen (14) feet in height; provided such accessory building
(a) shall be located on the rear half of the lot,
(b) shall not be less than ten (10) feet from the rear of a main
building located on the same lot;
(c) shall be not less than five (5) feet from any street line;
(d) may occupy not more than forty (40) per cent of the area of
a required rear yard;
(e) when located at the side of a main building, shall be not less
than five (5) feet from the main building nor less than five (5)
feet from the side lot line;
(f) when located on a reversed corner lot, shall not project
beyond the front yard line required on the lot in the rear of such
lot, and shall not be closer than five (5) feet from the side line
along the front half of the adjoining key lot.
(g) when located on a lot having a slope of twenty-five per cent
(25%) or more, said accessory building may be located in the
required front yard, provided every portion thereof is located at
least five (5) feet from the front line and does not occupy more
than fifty per cent (50%) of the width of the front yard.
(h) no garage shall be located closer than three (3)
side lot line.
(1) breezeways may be permitted to provide shelter between
buildings.
Section '4.10 NAME PLATES AND SIGNS:' The following' name plates and
signs shall be permitted; one name plate for each dwelling unit,
not exceeding one and one-half (1-1/2) square feet in area, in-
dicating the name of the occupant; one identification sign not
exceeding twelve (12) square feet in area for buildings other than
dwellings; one church bulletin board, not exceeding eighteen (18)
square feet in area; a sign or signs not exceeding a total area of
twelve (12) square feet, appertaining to the prospective rental or
sale of the property on which they are located; provided, that a
name plate or identification sign shall be attached to and parallel
with the front wall of the building.
Section 4.11 AUTOMMOBILE PARKING.
Section 4.12 FOR DWELLINGS: There shall be provided at the time of
erection of any dwelling at least one (1) permanently maintained
parking space, on the same lot with the dwelling. Such parkin
space shall be not less than ten (10) feet wide and twenty (20
feet long with adequate provision for ingress and egress. In no
case shall the parking of more than two (2) passenger automobiles
for each dwelling be permitted unless the lot whereon such parking
is located has an area of at least two thousand (2000) square feet
for each parking space. Private parking areas shall be located in
accordance with requirements for accessory buildings in this section.
No automobile driveway to provide access shall be less than ten (10)
feet in width.
Section 4.13 FOR BUILDINGS OTHER THAN DWELLINGS: For church auditorium
and school auditoriums, there shall be, provided at the time of erection
of a new building, or for an addition to an existing main building,
at least one (1) permanently maintained parking space having a gross
area of not less than two hundred fifty (250) square feet for every
five (5) persons provided with seats in said building. Said parking
space shall be located on the same lot as the main building.
Section 4.14 REQUIRED IMPROVEYIENTS: The above parking areas shall be
improved as provided in Section 15,02.2.
Section 4.15 HEIGHT: No building or structure shall hereafter be
erected to exceed two and one-half (2-1/2) stories or thirty-five
(35) feet in height.
Section 4.16 AREA: No building or structure nor the enlargement of
any building or structure shall be hereafter erected unless the
following yards and lot areas are provided and maintained in conn-
ection with such building, or structure or enlargement:
Section 4.17 MONT YARD: There shall be a front yard of not less
than twenty-five (25) feet; however, where lots comprising forty
per cent (40%) or more of the frontage in any one block, (excluding
reversed corner lots) are developed with buildings having front yards
with a variation of not more than ten (10) feet in depth, the
average of such front yards shall establish the front yard depth
for the entire frontage. In determining such front yard depth,
buildings located entirely on the rear one-half of a lot shall not
be counted. In no case shall any building be erected in a location
encroaching into the future street area as determined by established
street lines.
Section 4.18 SIDE YARDS: On interior lots there shall be a side yard
on each side of a main building of not less than ten per cent (10%)
of the width of the lot, but such side yard need not exceed six (6)
feet. In no case, however, shall a side yard be less than four (4)
feet in width.
Section 4.18.1 On corner lots the side yard regulation shall be the
same as for interior lots, except on the street side of a corner
or a reversed corner lot in which case the side yard shall be not
less than fifty per cent (50%) of the front yard required on the
lots in the rear of such corner lot, but such side yard need not
exceed ten (10) feet, nor shall it be less than the side yard
required on the interior lots.
Section 4.18.2 Provided, however, that this regulation shall not be
so interpreted as to reduce the buildable width (after providing
the required interior side yard) of a reversed corner lot of record
at the time this ordinance became effective, to less than twenty-
eight (28) feet for a main building, nor less than twenty (20) feet
for an accessory building.
Section 4.19 REAR YARD: There shall be a rear yard of not less than
twenty per cent (20%) of the depth of the lot but such rear yard
need not exceed twenty (20) feet.
Section 4.20 LOT AREA: Every lot shall have a minimum average width
of Sixty ( 60) feet •and a minimum of Six thousand (6000) square feet.
The minimum lot area per dwelling unit shall also be six thousand
(6000) square feet, except for transitional dwelling use.
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Section 4.20e1 Provided that where a lot has a width of less than
sixty (60) feet or an area of less than six thousand (6000) square
feet, and was recorded under one ownership at the time this
ordinance became effective, such lot may be occupied by any use
permitted in this section®
Section 4.20.2 Provided further, that where a parcel of land:
(a) has a frontage width of less than one hundred twenty (120),
feet, but not less than one hundred ten (110) feet;
(b) has an area of not less than twelve thousand (12,000) square
feet; and
(c) was held under separate ownership at the time this ordinance
became effective, said parcel may be equally divided into two
separate lots, and each may be occupied as an individual lot as
permitted in this section.
Section 4.21 MAXIMUM MAIN BUILDING COVERAGE: Thirty-five (35%) per
cent of the lot area.
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Section 5.00 "R-2" MULTIPLE -FAMILY DISTRICT
Section 5.01 The following regulations shall apply in the "1-2"
Multiple -family District.
Section 5.02 USE: No building, structure or land shall be used and
no building or structure shall be hereafter erected, structurally
altered or enlarged, except for the following uses:
Section 5.0
under the
Section 5.04
Section 5.05
Any use permitted in the "R-1" Single-family District,
same terms and conditions as provided in Section 4.00.
Two-family dwelling
Multiple -family dwelling
Section 5.06 Transitional uses shall be permitted in the "R-2"
District where the side of a lot abuts upon a lot in a "C" or "M"
District, provided such transitional use does not extend more than
one hundred (100) feetfrom the boundary of the less restricted
district which it adjoins, as follows:
(a) Multiple -family dwelling with a minimum lot area per dwelling
unit of eight hundred (800) square feet.
(b) Professional office, provided such use is conducted within a
dwelling and the residential character of such dwelling is not
changed.
(c) Public parking or loading area when located and developed as
required in Section 15.02.2.
Section 5.07 Uses customarily incident to any of the above uses --same
as "R-1" District.
Section 5.08 Accessory building --same as "R-1" District.
Section 5.09 Name plate and sign --same as "R-1" District.
Section 5.10 AUTOMOBILE PARKING: For single family and two family
dwellings --same as,IIR-1" District. Not less than one (1) per-
manently maintained .parking space shall be provided for each
dwelling unit. Such space shall be on the same lot with the
dwelling. Such parking space shall be not less than ten (10) feet
wide and twenty (20) feet long with adequate provision for ingress
and egress. No driveway shall be less than ten (10) feet in width..
All parking areas for multiple dwellings shall be improved as
provided in Section 15.02.1.
Section 5.11 HEIGHT: No building or structure shall hereafter be
erected to exceed two and one-half (2 1/2) stories or thirty-five
(35) feet in height.
Section 5.12 AREA: No building or structure shall hereafter be
erected unless the following yards and lot areas are provided and
maintained in connection with such building, structure or enlargement.
Section 5.13 FRONT YARD: Same as required in "R-1" District.
-13-
Section 5.14 SIDE YARD: Same as required in "R-1" District.
Section 5.15 REAR YARD: Same as required in 'rR-1'' District.
Section y
5.16 LOT AREt'1. Every lot shall have a minimum average
width of sixty (60) feet and minimum area of six thousand (6000)
square feet. For two-family dwellings the minimum lot area shall
be eight thousand (8000) square feet. For multiple -family dwellings
the minimum lot area per dwelling unit shall be two thousand
(2000) square feet; provided however, that no multiple -family
dwelling shall be erected on a lot having an area of less than
eight thousand (8000) square feet.
Section 5.16
sixty (60
feet, and
ordinance
permitted
.1 Provided, that where a lot has a width of less
) feet or an area of less than six thousand (6000)
was recorded under one ownership at the time this
became effective, such lot may be occupied by any use
in this section.
than
square
Section 5.17 MAXflvIUM MAIN BUILDING COVERAGE: Forty-five (45%) per
cent of lot area.
-14-
Section 6.00 "R-3" MULTIPLE -FAMILY DISTRICT
Section 6.01 The following regulations shall apply in the "R-3"
Multip.e-family Districts:
Section 6.02 USE: No building, structure or land shall be used and
no building or structure shall be hereafter erected, structurally
altered or enlarged; except for the following uses:
Section 6.03
under the
Section 6.04
Any use permitted in the "R-2"Multiple-family District,
saute terms and conditions as provided in Section 5.00.
Group dwellings.
Section 6.05 Court Apartment.,
Section 6.06 Apartment Hotel.
Section 6.07 Hotel, in which incidental business may be conducted
only as a service for the persons living therein, provided there
is no entrance to such place of business except from the inside of
the building and that no sign advertising such business shall be
visible from the, outside of the building.
Section 6.08 Boarding or lodging house.
Section 6.09 School, elementary, and high.
Section 6.10 Hospital, sanitarium or rest home. No animal hospital
or clinic, and no hospital or sanitarium for contagious, mental or
drug or liquor -addict cases shall be allowed.
Section 6.11. Institution of an educational or philanthropic nature,
except those of a correctional nature or for mental cases.
Section 6.12 Church,
Section 6.13 Private
the chief activity
a business.
except rescue mission or temporary revival.
club, lodge, fraternity or sorority except those
of which is a service customarily carried on as
Section 6.14 Transitional uses shall be permitted in the "R-3" District
where the side of a lot abuts upon a lot in a "C" or 'Si" District,
provided such transitional use does not extend more than one
hundred (100) feet from the boundary of the less restricted District
which it adjoins, as follows:
(a) Professional office, provided such use is conducted within a
dwelling and: the residential character of such dwelling is not
changed.
(b) Public parking area or loading area when located and developed
as required in Section 15.02.2.
Section 6.15 Uses customarilyincident to any of the above uses
(excluding home occupatio) and the home office of a physician,
surgeon, dentist, minister of religion or other person authorized
by law to practice medicine or healing, provided
-15
(a) that such use shall not be interpreted to permit a principal
office for the practice of medicine, surgery, dentistry, or
healing; and
(b) that there shall be no assistants employed.
Section 6.16 Accessory building --same as "R-1" District.
Section 6.17 Name plate and sign --as permitted in the "R-1" District
and also the following: One identification sign not exceeding
three (3) square feet in area for Boarding and Lodging Houses; one
lighted identification sign (excluding illuminated sign of the,
flashing or animated type) not exceeding twelve (12) square feet
in area for multiple dwellings having four (4) or more dwelling
units and for buildings other than dwellings.
Section 6.18 AUTOMOBILE PARKING AND LOADING AREAS:
S€otion 6.19 PARKING SPACE FOR DWELLINGS: For single-family and
two-family dwellings --same as t1R-1" District. For multiple -
family dwellings, there shall be provided at the time of erection
of a new dwelling or an additon to an existing dwelling at least
one permanently maintained parking space having a gross area of
not less than two hundred fifty (250) square feet for each
dwelling unit. Private parking areas shall be located as required
for the accessory building.
Section 6.20 PARKING SPACE FCC BUILDINGS OTHER THAN DWELLINGS: For
a new building or for an addition to an existing mainbuilding or
structure, there shallbe at least one (1) permanently maintained
parking space having a gross area of not less than two hundred -
fifty (250) square feet as follows:
(a) For hospitals and welfare institutions, at least one (1)
parking space for every eight hundred (800) square feet of gross
floor area in said buildings.
(b) For hotels, apartment hotels and clubs, at least one (1)
parking space for every two (2) individual guest rooms or suites
for the first twenty (20) such rooms or suites; and one (1)
additional parking space for every four ' (4) guest rooms or suites
in excess of twenty (20),provided in said buildings. The
required parking space shall be located on the same lot with the
main building or structure.
(c) The driveway to any garage or parking space located on the
rear half of any lot used for a multiple dwelling use shall have
a minimum width of eighteen'(18) feet.
Section 6.21 LOADING AREAS: Every hospital, institution or hotel
hereafter erected or established on a lot which abuts upon an alley
shall have one (1) permanently maintained loading space of not less
than ten (10) feet in width, thirty (30) feet in length and four-
teen (14) feet in height, for each five thousand (5000) square
feet of lot area upon which said building is located.
Section 6.22 REQUIRED TIPROV1LTENTS. Parking and loading areas shall
be improved as provided in. Section 15.02.2.
Section 6.23 HEIGHT: No building or structure shall hereafter be
erected to -677771 a height at the required front, side, and rear
yard lines of six (6) stories or seventy-five (75) feet, but above
the height permitted at such yard lines, four (4) feet may be added
to the height of a building for each one (1) foot that the build-
ing or portion thereof is set back from the reouired yard lines;
provided, however, that the cubical contents of such building shall
not exceed the cubical contents of a prism having a base equal to
the buildable area of the lot and a height of seventy-five (75)
feet.
Section 6.24 AREA: No building or structure nor the enlargement of
any buildinE7F structure shall be hereafter erected unless the
following yards and lot areas are provided and maintained in conn-
ection with such building, structure or enlargement:
Section 6.25 FRONT YARD: There shall be a front yard of not less
than fifteen per cent (15%) of the depth of the lot, but such front
yard need not exceed fifteen (15) feet. Provided, however, that
where lots comprising forty per cent (40%) or more of the frontage
(excluding reversed corner lots) are developed with buildings
having front yards with a variation of not more than ten (10) feet
in depth, the average of such front yards shall establish the
front yard depth, buildings located entirely on the rear one-half
of a lot shall not be counted.
Section 6.26 SIDE YARDS: For buildings two and one-half (2 1/2)
stories or less, same as "R-1" District. For buildings more than
two and one-half (2 1/2) stories in height, one (1) foot shall be
added for each additional story from the third to the sixth in-
clusive.
Section 6.26.1 On corner lots the side yard regulation shall be the
same as the "R-1" District.
Section 6.26.2 For group dwellings or court apartments the required
side yards shall be increased one (1) foot for each dwelling unit
or portion thereof abutting such side yard, but said side yard need
not exceed nine (9) feet. The average width of the court between
the fronts of the buildings shall be not less than three (3) times
the width of the side yard required in this provision; provided,
however, that where a driveway is located in said court the width
thereof shall be in addition to the width of such ccurt.
Section 6.26.3 For grout, dwellings and court apartments the minimum
distance between dwellings which side to one another snail be not
less than ten (10) feet, and the minimum distance between dwellings
in all other cases except where wider courts are required, shall
be not less than twenty (20) feet. The front and rear yard re-
quirements for lots in the district in which such dwellings are
located shall also be complied with. The aide yard for all uses
listed in Sections 6.09 to 6.13, inclusive, shall be twenty-five
(25) feet.
Section 6.27 REAR YARD: There shall be a rear yan.7. of -,.3t lose than
twenty per cenf-707) of the depth of the lot but, such rear yard
need not exceed twenty (20) feet for interior lots nor fifteen (15)
feet for corner lots.
-17-
Section 6.28 LOT AREA: Every lot shall have a minimum average width
of sixty (60) feet and minimum area of six thousand (6000) square
feet. Provided, that where a lot has a width of less than sixty
(60) feet or an area of less than six thousand (6000) square feet
and was recorded under one ownership at the time this ordinance
became effective, such lot may be occupied by any use permitted
in this Section.
(a) The minimum lot area for a single-family dwelling shall be
six thousand (6000) square feet.
(b) The minimum lot area for a two-family dwelling shall be eight
thousand (8000) square feet.
(c) No multiple -family dwelling shall be erected on a lot having
an area of less than eight thousand (8000) square feet; provided
however, that in multiple -family dwellings having four or more units
there need be provided only 1000 square feet of lot area for each
unit in excess of four.
Section 6.29 MAXIMUM MAIN' BUILDING COVERAGE: Fifty (50%) per cent of
lot area®
•
Section 7.00 "C-1" NEIGHBORHOOD COMMERCIAL DISTRICT:
Section 7.01 The following regulations shall apply in the "C-1'
Nei-TFF"--Ectorood Commercial District:
Section 7.02 USE: Ho building, structure or land shall be used and
no building or structure shall be hereafter erected, structurally
altered or enlarged except for the following uses:
Section 7.03 Any use permitted in the "R-3" Multiple -family District,
Section 7.04 Art or Antique Shop, limited to retail sales only.
,Section 7.05 Automobile service station.
Section 7.06 Bakery.
Section 7.07 Bank.
Section 7.08 Barber shop or beauty parlor.
Section 7.09 Book or stationery store.
Section 7.10 Clothes cleaning agency or pressing. establishment.
Section 7.11 Confectionery Store.
Section 7.12 Custom dressmaking or millinery shop.
Section 7.13 Drug store.
Section 7.11+ Dry goods or notions store.
Section 7.15 Florist or gift shop.
Section 7.16 Grocery, fruit, or vegetable store.
Section 7.17 Hardware or electric appliance store.
Section 7.18 Jewelry store.
Section 7.19 Laundry, laundry agency or launderette.
Section 7.20 Meat market or delicatessen store.
Section 7.21 Office, business or professional.
Section 7.22 Photographer, studio or store.
Section 7.23 Public parking area, when located and developed as
required in Section 15.02.2.
Section 7.24 Radio or television store.
Section 7.25 Restaurants, tea room or cafe excluding dancing and
entertainment.
Section 7.26 Shoe store or shoe repair shop.
Section 7.27 Swimming pool, public or private.
Section 7.28 Tailor, clothing or wearing apparel shop.
Section 7.29 Other use similar to the above, as provided for in
Section 15.00.
Section 7.30 Uses customarily incident to any of the above uses and
accessory buildings when located on the same lot, including a
storage garage for the exclusive use of the patrons of the above
-19-
Section 7.30 (Continued) stores or businesses, providing such accessory
buildings shall not be located nearer than five (5) feet to the
main building nor nearer than ten (10) feet to the rear lot line
or to the center line of an alley, if any.
Section 7.31 The above specified stores, shops or businesses shall be
retail establishments,selling new merchandise exclusively and shall
be permitted only under the _following conditions:
(a) Such stores, shops or businesses except automobile service
stations shall be conducted wholly within an enclosed building.
(b) All products produced, whether primary or incidental, shall
be
sold at retail on the premises.
(c) Such uses, operation or products shall not be objectionable
due to odor, dust, smoke, noise, vibration or other similar causes.
No auction shop, merchandise liquidator, surplus or salvage outlet
or store, second hand store or close-out store, or other business
rid a similar type or nature shall be operated in a "C-1" Neighbor-
hood Commercial District,
(d) Any exterior sign displayed shall pertain only to a use con-
ducted within the building; shall be attached flat against a wall
of the building and parallel with its horizontal dimension and
shall front the principal street, a parking area in the rear, or
in the case of a corner building on that portion of the side
street within fifty (50) feet of the principal street. In no case
shall a sign project above the roof line.
(e) No building or structure designed for or intended to be used,
or which has been used as a dwelling shall be used for the conduct
of any business, store or shop in the "C-1" Neighborhood Commercial
District; providing however that any business use existing in a
dwelling in a "C-1", "CC", . "C-2" or "M-1" District at the time of
the adoption of this Ordinance shall be considered as an existing
use, but may not be extended, expanded, enlarged or changed to any
other use unless and until a permit for such extension, expansion,
enlargement or change in use is first obtained as provided in
Section 18.00.
(f) No building used for residential purposes in a "C-1" Neighbor-
hood Commercial District shallin any way have its yard areas
reduced in size from those which existed at the time of the adoption
of this ordinance.
Section 7.32 AUTOMOBILE PARKING AND LOADING AREAS: Parking space for
dwellings and for buildings other than dwellings.
Section 7.13 For Single-family and Two-family dwellings, same as "R-1".
For Multiple dwellings, and buildings other than dwellings permitted
in the "R" District, automobile parking space shall be provided in
conformity with the requirements for the "R-3" District.
Section 7.34 PARKING SPACE FOR COMMERCIAL BUILDINGS: For Commercial
Buildings there shall be provided at least. three (3) parking spaces
for every two hundred fifty (250) square feet of gross floor area
exclusive of floor area used for automobile parking space.
Section . 5 Parking space as required above shall be on the same lot
with the main building or structure. All parking areas shall be
provided with adequate ingress and egress from a public street or
approved right-of-way.
Section 7.36 LOADING AREA: Every hospital, institution, hotel, and
commercial building hereafter erected or established on a lot which
abuts upon an alley shall have one (1) permanently maintained
loading space of not less than ten (10) feet in width; thirty (30)
feet in length and fourteen (14) feet in height, for each five
thousand (5000) square feet of lot area upon which said building
is located.
Section 7.37 The above parking and loading areas shall be improved as
provided in Section 15.00.
Section 7 8 HEIGHT: No building or structure shall hereafter be
erecte toF7EJd two and one-half (2 1/2) stories or thirty-five
(35) feet in height.
9221,1222,2a AREA: No building or structure nor the enlargement of
any building 3r structure shall be hereafter erected unless the
following yards and lot areas are provided and maintained in
connection with such building, structure or enlargement:
as.11.2a7,kg FRONT YARD: Same as required in the "R-1" District.
L3221,212nz,41. SIDE YARDS: Where the side of a lot in the "C-1" District
abuts upon the side of a lot in an District, there shall be a
side yard of not less than ten per cent (10%) of the width of the
lot, but such side yard need not exceed six (6) feet. In no case,
however, shall a side yard be less than three (3) feet in width.
Section 7.41.1 Where a reversed corner lot rears upon the side of a
lot in an "R" District, the side yard on the street side of the
reversed corner lot shall be the same as required for "R-1" District.
Section 7.41.2 Buildings hereafter erected and used exclusively for
the 7R-1" District.
dwelling purposes shall comply with the side yard regulations of
Le.2112E_L.g. REAR YARD: There shall be a rear yard of not less than
ten per cent (10) of the depth of the lot but such rear yard need
not exceed ten (10) feet.
Section 7.43 LOT AREA: Buildings hereafter erected and used wholly
or partly for dwelling purposes shall comply with the lot area
requirements of the least restricted adjoining residential district.
Section $..00 t4CC" CIVIC CENTER DISTRICT
Section $.01 The following regulations shall apply in the "CC" Civic
Center District:
Section $.02 USE: No building, structure or land shall be used and
no building or structure shall be hereafter erected, structurally
altered or enlarged except for the following uses:
Section $.03 Any use permitted in a "C-1" Neighborhood Commercial
District as specified in Section 7.03_through Sections 7.31 (f)
of this Ordinance inclusive:
Section 8.04 AUTOM0BILE PARKING AND LOADING AREAS: Parking space for
dwellings.
Section 5.05 For Single-family; and Two-family dwellings, sane as
-1". For Multiple .dwellings, and buildings other than dwellings
permitted in the "R" District, automobile parking space shall be
provided in conformity, with the requirements for the "R-3" District.
Section 5.06 LOADING AREA: Every hospital, institution, hotel, and
commercial building hereafter erected or established on a lot
which abuts upon an alley shall have one (1) permanently maintained
loading space of not less than ten (10) feet in width, thirty (30)
feet in length and fourteen (14) feet in height, for each five
thousand (5000) square feet of lot area upon which said building
is located.
Section 8.07 The above loading area shall be improved as provided in
Section 15.00.
Section 5.08 HEIGHT: No building or structure shall hereafter be
erected to exceed two:and one-half (2 1/2) stories or thirty-five
(35) feet in height.
Section 8.09 AREA:
any building or
following yards
connection with
No building or structure nor the enlargement of
structure shall„ be -hereafter erected unless the
and lot areas . are provided and maintained in
Such' building, structure or enlargement.
Section 5.10 FRONT, YARD: Same ,as required ,in the "C-2"r District.
Section 5.11 SIDE YARDS: None , ..
Section 8.12 REAR YARD: 'There shall be a rear yard of not less than
ten per cent (1O?o) of the depth of the lot, but such rear yard need
not exceed ten (10) feet in depth.
Section 8.13 LOT AREA: Buildings hereafter erected and used wholly or
partly for dwelling purposes shall comply with the lot area require-
ments of the least restricted adjoining residential district.
• •
Section 9.00 "C-2" GENERAL COMEERCILL DISTRICT
Section 9.01 The following regulations shall apply in the "C-2"
General Commercial District.
Section 9.02 USE: No building, strubture or land shall be used and
no building or structure shall be hereafter erected, structurally
altered or enlarged, except for the following uses:
Section 9.03 Any use permitted in the "C-1" Neighborhood Commercial
District and "CC" Civic Center District, except automobile service
stations and residential buildings; which may be allowed upon the
securing of a use permit as provided in Section 18.00. No building
or structure designed for or intended to be used or which has been
used as a dwelling shall be used for the conduct of any business,
store or shop in the "C-2" General Commercial District; providing
however that any business use existing in a dwelling in a "C-1",
"CC, "C-2" or "M-1" District at the time of the adoption of this
Ordinance shall be considered as an Existing Use, but may not be
extended, expanded, enlarged or changed to any other use unless
and until a permit for such extension, expansion, enlargement or
change in use is first obtained as provided in Section 18.00. No
building used for residential purposes in a "C-2" General Commercial
District shall in any way have its yard areas reduced in size from
those which existed at the time of the adoption of this Ordinance.
Section 9.04 Retail store or business.
Section 9.05 Auditorium.
Section 9.06 Baths, turkish and the like.
Section 9.07 Bird store, pet shop or taxidermist.
Section 9.08 Business college or private school operated as a
commercial
enterprise.
Section 9.09 Blueprinting, photostating, photo developing and
printing.
Section 9.10 Catering establishment.
Section 9.11 Department, furniture or appliance store.
Section 9.12 Drive-in business where persons are served in auto-
mobiles, such as a refreshment stand, restaurant, and the like.
Section 9.13 Film exchange.
Section 9.14 Frozen food locker; excluding wholesale storage.
Section 9.15 Hospital, or sanitarium (except animal hospital).
Section 9.16 Ice storage house, (not more than five (5) tons capacity);
and ice cream processing.
Section 9.17 Interior decorating store.
Section 9.18 vedical or dental clinic and laboratory.
Section 9.19 72,u,sic conservatory or music instruction.
Section 9.20 Newstand.
Section 9.21 Nursery, flower or plant, providing that all incidental
equipment and supplies, including fertilizer and emptT, cans, are
kept within a building.
Section 9.22 Pawnshop
Section 9.23 Pony riding —ring, without stable.
Section 9.24 Printing, lithographing or publishing.
Section 9.25 Public services, including electric distributing sub-
station, telephone exchange and the like.
Section 9.26 Sign painting shop, if conducted wholly within a
completely enclosed', building.
Section 9.27 Studio of radio, television, motion picture and the like
SectianY 9.28 Swimming pool, public ;or private,if first approved by
the Commission as provided in Section 18.00.
Section 9.29 . Theatre.
Section 9.30 Tourist cour
Section 9.31 Trade school, if not objectionable due to noise, odor,
vibration, or other similar causes.
Section 9.32 'Wedding chapel, rescue mission or temporary revival church.
Section 9.33 Wholesale merchandise broker, excluding wholesale storage.
Section 9.34 Other uses similar to the above as provided in Section
15.00.
Section 9.35. The following uses may also be permitted if their location
is first approved by the Commission, as provided for in Section 18.00
Advertising sign or billboard (if not otherwise prohibited by Town
Ordinance), automobile service station, automobile and trailer
sales area, carpenter shop (including cabinet shop or furniture
manufacture), if conducted wholly within a completely enclosed
building, cleaning establishment, feed or fuel store, mortuary or
funeral home, plumbing or sheet metal shop (if conducted wholly
within a completely enclosed building), tire shop operated wholly
within a building, trailer camp or public camp, animal hospital,
public garage (including automobile repairing if all operations are
conducted wholly within a completely enclosed building), up-
holstering shop (if conducted wholly within a completely enclosed
building); baseball or football stadium, amusement enterprises
(including .a billiard or pool hall, bowling alley, boxing arena,
dance hall, games of skill and science, penny arcade, shooting
gallery, and the like, if conducted wholly within a completely
enclosed building) , circus or 'amusement enterprise of a similar
type, transient in character.
Section 9.36 Uses customarily incident to any of the above uses when
located on the same lot.
Section 9.37 The uses listed in Section 9.35 shall be permitted only
under the following conditions.
(a) There shall be no manufacture, compounding, processing or
treatment of products other than that which is clearly incidental
and essential to a retail store or business and where all such
products are sold at retail on the premises.
(b) Such uses, operations or products shall not be objectionable
due to odor, dust, smoke, noise, vibration or other similar causes.
(c) All those uses listed in Section 9.35 which at the time of
adoption of this Ordinance actually exist in any "C-2" District as
shown upon the 17Zoning Map of the Town of Los Gatos", which said
map is referred to in Section 3.02 of this Ordinance, shall be
considered as lawful uses in the "C-2tt District, and shall be
considered as conforming to all the regulations of this Ordinance.
Section 9.38 AUTOMOBILE PARKING AND LOADING AREA: There shall be
provided one permanently .maintained parking space having a gross
area of not less than two hundred fifty (250) square feet for the
following:
(a) For tourist courts, one (1) parking space for each individual
sleeping or living unit; and
(b) For theaters, general auditoriums, stadiums and similar places
of assembly, one (1) parking space for every ten (10) seats in
said building.
Section 9.39 HEIGHT: No building or structure shall hereafter be
erected to exceed six (6) stories or seventy-five (75) feet in
height.
Section 9.40 AREA: No building or structure nor the enlargement of
any building or structure shall be hereafter erected unless the
following yards and lot areas are provided and maintained in con-
nection with such building, structure or enlargement.
Section 9.41 FRONT YARD: Where all the frontage is located in the
"C-2" District, no front yard shall be required. Where the
frontage is located partly in the "C-2" District, and partly in
the "R" District, the front yard requirement of the trR" District
shall apply in the "C-2" District.
Section 9.42 SIDE YARD: None
Section 9.43 REAR YARDS: There shall be a rear yard of not less than
ten per cent (10%) of the depth of the lot, but such rear yard
need not exceed ten (10) feet in depth.
Section 9.43.1 Buildings hereafter erected and used exclusively for
dwelling purposes shall comply with the rear yard and parking
regulations of the "R-1t" District.
Section 9,44 LOT AREA:, Buildings hereafter erected and used wholly
or partly for dwelling purposes shall comply with the lot area
requirements of the "R-2" District; except that a tourist court,
wherever permitted under the regulations of this ordinance shall
have a lot area of not less than one thousand (1000) square feet
for each individual sleeping or living unit.
Section 10.00 "M-1" LIGHT INDUSTRIAL DISTRICT
Section 10.01 The following regulations shall apply in the "M-1"
Light Industrial District:
Section 10.02 USh. No building, structure or land shall be used and
no building or structure shall be hereafter erected, structurally
altered or enlarged except for the following uses:
Section 10.03 Any use permitted in the "C" Business District, except
dwellings which may be_allowed upon securing of a Use Permit as
provided in Section 18.00. No building or structure designed for
or intended to be used.or which has been used as a dwelling shall
be used for the conduct of any business, store or shop in the !I-lrr
Ligh3t Industrial District, providing however that any business
use existing in a dwelling in a ""C-1", "CC", ";C-2" or "M-1" District
at the time of the'adoption of this Ordinance shall be considered
as an Existing Use, but may not be extended, expanded, enlarged or
changed to any other use unless and until a permit for such exten-
sion, expansion, enlargement or change in use is first obtained as
provided in Section 18.00.
Section 10.04 Uses to be conducted wholly within a completely en-
closed building except for the onsite parking of delivery vehicles
which are incidental thereto:
(a) The manufacture of pottery and figurines or other similar
ceramic products, using only previously pulverized clay, and
kilns fired only by electricity or gas.
(b) The manufacture and maintenance of electric and neon signs,
billboards, commercial advertising structures, light sheet metal
products, including heating and ventilating ducts and equipment,
cornices, eaves and the like.
(c) Automobile assembling,`painting,'upholstering, rebuilding,
reconditioning, body and fender works, truck repairing or
overhauling, tire retreader or recapping, battery manufacturing
and the like.
(d) Blacksmith shop and machine shop excluding punch presses
over twenty (20) tons rated capacity, drop hammers, and auto-
matic screw machines.
(e) Foundry casting lightweight non-ferrous metal not causing
noxious fumes, noise or odors.
(f) Cleaning and dyeing works, and carpet and rug cleaning.
(g) Distribution plants, ice and cold storage plant, bottling
plant, and food commissary.
(h) 'Wholesale business, storage building and warehouse.
(i) Veterinary or dog or cat hospital, and kennel.
Section 10.05 Uses to be conducted wholly within a completely enclosed
building or within an area enclosed on all sides with a solid wall,
compact evergreen hedge or uniformly painted board fence, not less
than six (6) feet in height:
(a) Building material sales yard, including the sale of rock,
sand, gravel and the like as an incidental part of the main
business, but excluding concrete batching and mixing on the
premises
- 26-.
(b) Contractor's equipment storage yard or plant, or rental of
equipment commonly used by contractors.
(c) Retail lumber yard, including only incidental mill work.
(d) Feed and fuel yard.
(e) Draying, freighting or trucking yard or terminal.
(f ) Public utility service yard or electrica.
l receiving or trans-
former station,
(g) Small craft building, except shipbuilding.
Section 10.06 Other uses similar to the above, as provided for in
Section 15.00
15.00.
_ .._
accessory buildings when located e of..
Section 10.07 Uses customarily incident to any the above uses and
g on the same lot and as permitted
iri Section 15.00,
Section 10.08 AUTOMOBILE PARKING AND LOADING AREAS: To be provided
as follows:
Section 10.09 For dwellings and buildings other than dwellings per-
mitted in the "Rrr Districts --Same as t'R-3" District.
Section 10.10 For commercial buildings --Same as "C-1 District.
Section 10.1
1 For industrial buildings having a floor area of five
thousand (5000) square feet or more in which` there are more than
five (5) employees," at least one (1) parking space for every two
(2) such persons employed in said buildings.
Section 10.12 Parking space as required above shall be on the same
lot with the main building or structure or located not more than
one thousand (1000) feet therefrom.
Section 10.13 The above parking and loading areas shall be improved
as provided i„ Section 15.02.
Section 10.14 HEIGHT: No building or structure shall hereafter be
erected to exceed six (6) stories or seventy-five (75) feet in
height.
Section 10.15 AREA: No building or structure nor the enlargement of
any lbw'ngbuilding yards yor structure shall b and lot areas area hereafter erected unless the
i
provided and "maintained in con-
nect
ion with such building, structure, or enlargement
Section 10.16 FRONT YARD: None.
Section 10.17 SIDE YARD: None.
Section 10.18 REAR YARD: No rear yard shall be -required except where
thet
1" District abuts upon an "District, in which case there
shall
be a rear yard of not less than ten percent (10%) of the depth
of such lot but such rear yard need not exceed ten (10) feet.
Sectd�o�ln�.l$.1 Buildings hereafter erected and used exclusively for
dwelling purposes shall comply with the rear yard regulations of
the -2" District.
Section 10.19 LOT AREA: Buildings hereafter erected and used wholly or
partly for dwelling purposes shall comply with the lot area require-
ments of the "R-2" District.
Section 11.00 ' -2" 'HEAVY INDUSTRIAL DISTRICT
Section -11.01 The `'following regulations shall apply in the "M-2M
Heavy Industrial District:
Section 11.02 USE: No building, structure or land shall be used and
no building or structure shall be hereafter erected, structurally
altered or enlarged except for the following uses:
Section 11.03 Any,use 'Permitted in the itM-It District, within or
without a building or an enclosed area, except dwellings which may
be"allowed upon securing of a Use Permit, as provided in Section
18.00.
Section 11.04 Any other use or uses which are ormay become obnoxious
or offensive by reason of the emission of odor, dust, smoke, noise,.
gas, fumes, cinders, vibration, refuse matter, Or water carried
waste, as determined by. the Planning Commission.
Section 11.05 Uses customarily incident to any of the above uses and.
accessory buildings when located on the same lot.
Section 11.06 AUTOMOBILE' PARKING AND LOADING AREAS: To be provided
in and same as the -lt District.
Section 11.07 HEIGHT: Same as required in an KM-.1" District.
Section 11.08 .AREA: No building or structure nor the enlargement of
any building or structure shall be hereafter erected unless the
following yards and lot areas are provided and maintained in con-
nection with such building, structure or enlargement.
Section 11.09 FRONT YARD: Not required.
Section 11.10 SIDE YARD: Not required.
Section 11.11 Buildings hereafter erected and used exclusively for.
dwelling purposes shall comply with the side yard regulations of
the 'R-2" District.
Section 11.12 REAR YARD: Same as required in "M-11, District.
Section 11.12.1- Buildings
dwelling purposes shall
the "R-3n District.
hereafter erected and used exclusively for
comply with the rear yard regulations of
Section 11.13 LOT AREA: Buildings hereafter erected and used wholly
or partly for dwelling purposes shall comply with the lot area
requirements of the -3 " District.
Section 12.00 A - AGRICULTURAL ZONING AREA
Section 12.01 The following regulations shall apply in all districts
with which are combined "A" Districts in addition to the regulations
hereinbefore specified, provided however, that if any of the
regulations specified in this section differ from any correspond-
ing regulations specified in this -Ordinance for any district with
which an "A" District is combined, then in such case the provisions
of this Section shall apply.
Section 12.02 USES PERMITTED:
(a) All uses permitted in the respective district with which the
"A" District is combined.
(b) Small livestock farming; provided, that not to exceed one (1)
cow or three (3) goats or other similar livestock may be kept for
each ten thousand (10,000) square feet of area of the parcel of
land upon which the same are kept, to a maximum of three (3) cows
or ten (10) goats or other, similar livestock maintained in any
establishment.
(c) In any "A" District, a dairy may be conducted on any parcel
of land not less than five (5) acres in, area.
(d) Sales of any of the products of any of the aforementioned
permitted uses upon the premises upon which such products are,
produced; provided, that in any "R" ' District with which an "A"
District is combined, no building other than a stand or shelter
shall be constructed primarily for such sale.
(e) Keeping of such horses and/or mules as may be necessary to
the conducting of any of the uses permitted in any "A" District.
(f) Accessory buildings and accessory uses.
Section 12.03 USES REQUIRING USE PERMITS. as provided in Section
18.00,
(a) Dog and cat kennel.
(b) Dairy.
Section 12.04 SPECIAL YARDS AND DISTANCES BETWEEN BUILDINGS: Barns,
stables, chicken houses, and similar buildings shall be not less
than fifteen(15)5feetefrom�anytsiderortrear property line; t.
fifty property line;not s than
nonot less
than twenty-five (25) feet from any dwelling.
•
Section 13.00 B SPECIAL BUILDING SITE ZONING AREA
Section 13.01 The following regulations shall apply in all districts
with which are combined 'nB" Districts it lieu of the regulations as
to building site area, depth of front yard, and width of side yard
which are specified herein for the district combined with such "B"
District; provided however, that the regulations` for the nBn.
District shall not be so applied as to reduce any of the corres-
ponding regulations herein specified for any district with which is
combined such nBn District.
Section 13.02 SPECIAL REGULATIONS:::
(a) Building Site Area Required: Shall be indicated by a number
following the nBtr in the District designation, which number repres-
ents the required area in thousands of square feet.
(b) Mhen two or more lots are created from one existing lot or
parcel, the average building site area of the lots so created shall
be not less than the area required by the nBn District designation.
In no case may a lot be created with a 'building site area of less
than ninety (90) per cent of the building site area represented by
the UBI; District designation. For every lot so created, with a
building site area less than that required by the nB" District
designation, there shall be least one lot created with a build-
ing site greater than that required by the "B" District designation.
by at least an equal amount.
(c) Side Yards Required: Side yards shall total not less than
twenty (20) per cent of the lot width, with a maximum requirement
of 32 feet, and no side yard may be less than eight (8) feet.
Three (3) feet shall be added to each required side yard for each
story above the first story of any building. The side yard on the.
street side of each corner lot shall be not less than sixteen (16)
feet.
-30-
Section 14.00 S SPECIAL ZONING AREA: The following regulations
shall apply in all districts with which are combined "5" Districts,
in addition to the regulations hereinbefore specified therefor;
provided, however, that if any of the regulations specified in this
section differ from any of the corresponding regulations specified
in this Ordinance for any district with which is combined an fan
District, then in such case the provisions of this section shall
govern.
No building permit shall be issued for any use in a district which
is combined with an t'Sft District unless:
(a) All buildings, layout and landscaping plans, including all signs
shall have been submitted to and approved by the Planning Commission.
(b) Off-street parking space for automobiles is provided in accord-
ance with the standards established for each District by this
Ordinance.
(c) Loading spaces for the loading and unloading of goods shall be
provided as required by this Ordinance.
(d) The Planning Commission may require such additional require
ment s in connection with off-street parking areas as will protect
the character of other nroperty in the neighborhood. Such regula-
tions may include, but are not limited to: Adequate screening of
said lot by a fence or wall;landscaping; provision for suitable
surfacing and lighting.
(e) In establishing any district which is combined with an "S"
District, the Planning Commission may specify such building line
setbacks, yard regulations, area regulations and building height
limitations as are consistent with the use to which the property
is to be put, and which will protect the general character of the
neighborhood.
GENERAL PROVISIONS
Section 15.00 USE: Conformance and Permits Required: No building or
structure sha r-be erected, reconstructed, structurally altered,
enlarged, moved, or maintained, nor shall any building, structure
or land be used or designed to be used for any use other than is
permitted in the district in which such building, structure or land
is located and then only after applying for and securing all permits
and licenses required by all laws and ordinances.
Section 15.01 Other Uses Permitted by Commission: Where the term
"other uses similar to the above is mentioned, it shall be deemed
to mean other uses which, in the judgment of the Commission as
evidenced by a written decision, are similar to the uses listed in
the same section and are not more objectionable to the general
welfare. n0ther Usesfz so determined by the Commission shall be
regarded as listed uses. In no instance, however, shall these
regulations be so interpreted to permit a use in a district when
such use is specifically listed and permitted in a less restricted
district: i.e., a use specifically set forth in the "R-3" District
shall not be permitted in the 7R-2n District.
Section 15.02 Improvement of Parkins Areas --Auto Sales Areas and
Loading Areas: Every parcel of land hereafter used asa. private or
public parking area, automobile and trailer sales area, or loading
area, shall be improved as follows:
Section 15.02.1 Private Parking Area or Loading Area --Such area shall
be paved with asphaltic concrete or Portland cement concrete sur
facing and shall have appropriate bumper guards where needed.
Section 15.02.2 Public Parking Area and/or Automobile and Trailer
Sales Area:
(a) Such area shall be paved with asphaltic concrete or Portland
cement concrete; shall have appropriate bumper guards where needed,
and shall be properly enclosed with an ornamental fence, wall, or
compact evergreen hedge, having a height of not less than two`(2)
feet and maintained at a'height of not more than six (6) feet. Such
fence, wall or hedge shall be maintained in good condition and
observe the required front yard, and the required side yard along
the street side of a corner l0t for the district in which it is
located and such front and side yard shall' "be landscaped with ever-
green ground cover and properly maintained.
(b) Where such area adjoins the side of a lot in an "R" District,
a six (6) foot masonry wall shall be erected and maintained at least
five (5) feet from the side of such lot and suitable landscaping
shall be planted and maintained in the space between the parking
lot wall and the adjoining property. Provided, however, that such
wall shall not extend into the front yard required on the lot on
which it is located; and provided further that a wall of equal
material may be used if approved by the Planning Commission.
(c) Any lights used to illuminate said parking areas shall be so
arranged as to reflect the light away from the adjoining premises
in an ttRn District.
(d) Every parking area required under this ordinance shall be
provided with adequate ingress and egress from a public street or
approved right-of-way.
Section 15.03 Zoning of Annexed Areas: Any area annexed to the Town
after the effective date of this ordinance shall immediately upon
such annexation, be automatically classified as an "R-1,1 District
until a zoning plan for said area has been adopted by the Town
Council. The Commission shall recommend to the Town Council
appropriate zoning for such area within three (3) months after an
application for change is made to the Commission.
Section 15.04 HEIGHT:
Section 1.04.1 Height Conformance: Except as hereinafter provided,
no building or structure shall hereafter be erected or reconstructed,.
which exceeds the height limit established for the district wherein
such building or structure is located.
Section 15.05 AREA:
Section 15.05.1 Area Requirements: Except as hereinafter provided,
no -building or structure shall be hereafter erected or located on
a lot unless such building, structure or enlargement conforms with
the area regulations of the district in which it is located.
Section 15.06 No parcel of land held under separate ownership at the
time this ordinance became effective, shall be reduced in any manner
below the minimum lot width and lot area required by this ordinance.
Section 15.07 No lot area shall, be so reduced or diminished that the
yards or other open spaces shall be smaller than prescribed by this
ordinance, nor shall the occupancy be increased in any manner except
in conformity with the regulations herein established.
Section 15.08 No required yard or other open space around an existing
building, or which is hereafter provided around any building for the
of complyingwith the" purpose provisions of this ordinance, shall be
considered as providing a yard or open space for any other building;
nor shall any yard or other required open space on an adjoining lot
be considered as providing a yard or open space on a lot whereon a
building is to be erected.
Section 15.09 Every building hereafter erected shall be'located on a
lot as herein defined. In no case shall there be more than one (1)
main residential building -and its accessory buildings on one (1) lot.
Group dwellings, court apartments and semi-detached dwellings shall
be considered as one (1) main residential building on one lot.
Section 15.10 No parking area, parking space or loading space which
existed at the time this ordinance became effective or which sub-
sequent thereto is provided for the purpose of complying with the
provisions of this ordinance, shall thereafter be relinquished or
reduced in any manner below the requirements established in this
section, unless equivalent facilities are provided elsewhere.
Section 15.11 No building permit
structure on a lot which abuts
its required' width and located
dedication was secured, unless
clude both that portion of the
and the required yards.
shall be issued for a building or
a street dedicated to a portion of
on that side thereof from which no
the yards provided on such lot in
lot lying within the future street
Section 15.12 No building permit shall be issued for a building or
structure on a corner lot when such building or structure is to be
orientated in such a manner as to reduce the front yard requirement
on the street on which such corner lot had its frontage at the time
this ordinance became effective.
Section 15.13 Every required front, side and rear yard
and unobstructed from the ground: to the sky.
Section 15.1.E At each end of a throughlot there shall be a front
yard of the depth required by this ordinance for the district in
which each street frontage is located; provided, however, that one
of such front yards may serve as a required rear yard.
Section 1..15 Public utility distribution poles (but not including
electrical transmission lines carrying more than twelve thousand
(12,000) volts on towers or steel poles), wires, pipes and appur-
tenances shall be permitted in all zones.
shall be open
Section 16.00 EXCEPTIONS:.
Section 16.01 USE:
Section 16.02 See Existing Uses
Section 16.03 HEIGHT:
Section 16.04 Throu h Lot 150 .feet or less in depth: On a through
lot one hundred fifty (150) feet or less in depth, the height of a
building may be measured from the adjoining curb level on either
street.
Section 16.05 Through Lot more than 150 feet in depth: 0n a through
lot more than one undred fifty (150) feet in depth, the height
regulation and basis of height measurement for the street per-
mitting the greater height shall apply to a depth of not more than
one hundred fifty (150) feet from that street.
Section 16.06 Structure Permitted Above Heght'Limit: Penthouses or
roof structures for the housing of elevators, stairways, tanks,
ventilating fans or similar equipment required to operate and main-
tain the building Parapet walls, skylights, towers, process
towers and columns, including appurtenant working structures, steeples,
roofsigns, flagpoles, chimneys, smokestacks, wireless masts, water
tanks, gas tanks, silos, or similar -structures may be erected above
the height limits herein prescribed; but no penthouse or roof
structure, or any space above the height limit shall be allowed for
the purpose of providing additional floor space.
Section 16.07 AREA:
Section 16.08 Yard. Regulations Modified: Where the yard regulations
cannot reasonably be complied with or their application determined
on lots of peculiar shape or location or on hillside lots, such
regulations may be modified or determined by the Commission as
provided for in Section 19.00.
Section 16.09 Front Yard - Between Pro,'ecting Buildings: Where a lot
is situated between two lots, each ofwhich has a main building
(within twenty-five (25) feet of its side lot lines), which projects
beyond the established front yard line and has been so maintained
since this ordinance became effective, the front yard requirement
on such lot may be the average of the front yards of said existing
buildings.'
Section 16.10 Front Yard Adjoining Projecting Buildings: Where a
lot adjoins only onelot having a main building (within twenty-five
(25) feet of its side lot lines), which projects beyond the
established front yard line and has been so maintained since this
ordinance became effective, the front yard requirement on such lot
may be the average of the front yard of said existing building and
the established front yard line.
Section 16.11 Front Yard - Sloping Lot Where the elevation of the
ground at a point fifty (50) feet from the front line of a lot and
midway between the side lines, differs ten (10) feet or more from
the curb level, or where the scope (measured in the general direction
of the side lot lines) is twenty percent (20%) or more on at least
one -quarter (1/4) of the depth of the lot, the front yard need not
exceed fifty percent (50%) of that required in the district. The
provisions of this section shall not be applied in connection with
Section 16.17.
Section 16.12 Front and Side Yards Waived -Dwelling: over Store:. The
front and side yards shall be waived for Swellings, hotels and
boarding or lodging houses, erected above the ground floor of a
building when said ground floor is designed exclusively for
commercial purposes.
Section 16.13 Front and Side Yards Varied --Unit Development: Where
an entire frontage on both. sides of a street or streets in an "R-1
District is designed and developed as a unit, the following pro-
visions shall apply:
Section 16.13.1 The front yard requirement may be varied by not more
than five (5) feet in either direction (i.e. from twenty (20) to
thirty (30) feet in the case of a required front yard of twenty-
five (25) feet) provided the average front yard for the entire
frontage is not less than the minimumfront yard required in the
district; and
Section,16.13.2 The side yard requirements may also be varied, pro-
vided that the total combined width of the two side yards on a lot
is not less than that required for lots in' the district, that no
side Yard shall be less than four (4)_ feet, and that the minimum
distance between the sides of buildings shall not be less than
twelve (12) feet.
Section 16.14 Side Yard Waived --Semi-detached Dwellings, etc.: For
the purpose of side yard regulations, the following dwellings with
common party walls shall be considered as one (1) building occupy-
ing one (1) lot: Semi-detached two and four -family dwellings,
row dwellings, group dwellings and court apartments.
Section 16.15 , Rear Yard - Includes one-half alley: In computing the
depth of a rear yard where such yard opens onto an alley, one-half
(1/2)the width of such alley may be assumed to be a portion of the
required rear yard.
Section 16.16 Rear Yard Includes Loading Space: A required loading
space may occupy a required rear yard or an.y part thereof.
Section 16.17 Additional Dwelling - Large Lot: Where a lot has an
area equivalent to. two (2) or more times that required by this
ordinance, but without sufficient required frontage: for two (2) or
more lots, a dwelling shall be permitted on both the front and rear
portions of said lot, provided:
(a) That all heightand area requirements
complied with;
(b) that a strip of land thirty (30) feet wide adjacent to and
measured at right angles from the rear lot line, is reserved for
future access in addition to the required rear yard; and
n
(c) that a strip of land at least
at right angles to either side lot
street line to the rear portion of
of access thereto.
fifteen (15) feet wide, measured
line and extending from the
the lot, is reserved as a means
Section 16.18 Lot Area - Includes' One-half Alley: In computing the
lot area of a lot which rears upon an alley, one-half (1/2) the
width of such alley may be assumed to be a portion of the lot.
Section 16.19 Through Lot - May be Two Lots: Where a through lot has
a depth of two hundred (200) feet or more, said lot may be assumed
to be two (2) lots with the rear lines of each approximately equi-
distant from the front lot lines, provided all area requirements are
complied with. An accessory building shall not be constructed
within forty-five (45) feet of any street property line; provided,
however, that this requirement shall not apply to a side yard line
on a corner lot.
Section 16.20 Projections Allowed Into Yards:
(a) A porte cochere may be permitted over a driveway in a side
yard, provided such structure is not more than one (1) story in
height and twenty-four (24) feet in length and not closer than two
(2) feet from the side lot line, and is entirely open on at least
three (3) sides, except for the necessary supporting columns and
customary architectural features.
(b) Cornices, eaves, belt courses, sills, canopies or other
similar architectural features (not including bay windows or
vertical projections) , may extend or project into a required side-
yard not more than twenty-four (24) inches and may extend or project
into a required front or rear yard not more than thirty (30) inches.
Chimneys may also project into a required front,side or rear yard
not more than eighteen (18) inches.
(c) Open, unenclosed fire escapes may extend or .project into any
front, side or rear yard not more than four (4) feet.
(d) Open, unenclosed stairways, or balconies, not covered by a roof
or canopy, may extend or project into a required rear yard not more
than four (4) feet, and such balconies may extend into a required
front yard not more than thirty . (30 %) per cent.
(e) Open, unenclosed porches, platforms or landing places, not
covered by a roof or canopy, which do not extend above the level of
the side or rear yard or into any court not more than six (6) feet;
but in no case shall the projection into a court exceed a distance
of more than twenty (200per. cent of the width of such court.
(f) Open ornamental fences, hedges, landscape architectural features
or guard railings for safety protection around depressed ramps, may
be located in any front, side or rear yard if maintained at a height
of notmore than three and one-half (3 1/2) feet above the average
ground level adjacent thereto. Provided, further, that an openwork
type railing not more than three and one-half (3 1/2) feet in height
may be installed or constructed on any, balcony, stairway, pDrch,
platform or landing place mentioned above in` subparagraphs (d) and
(e).
(g) A fence, lattice -work screen or wall, not more than six (6)
feet in height, or a hedge or thick growth of shrubs or trees,
maintained so as not to exceed six (6), feet in height, may
located in any required side or rear yard, in the srRn Districts
provided that they do not extend into the required front yard nor
into the side yard required along the side street on a corner lot,
which in this case shall also include that portion of the rear yard
abutting the intersecting street wherein accessory buildings are
prohibited. Provided, further that this provision shall not be so
interpreted as to prohibit the erection of an open mesh type fence
enclosing an elementary . or secondary school .` site.
(h) Landscape features, such as trees, shrubs, flowers or plants,
shall be permitted in any required front, side or rear yard provided
they do not produce a hedge effect contrary to the provisions of
subparagraph (f) above.
(i) Name plates, bulletin boards or signs appertaining to the pros-
pective sale, lease or rental of the premises on which they are
located, as permitted in this ordinance, shall be allowed in any
required front, side or rear yard.
(j) The above structures or features,, however, shall not be located
and maintained so as to preclude complete access at all times about
a main building. Provided, that gates or other suitable openings at
Least two and one-half (2 1/2) feet in width shall be deemed adequate
forsuch access.
Section 17.00
Section 17.01 Variance Granted Automatically: A variance is granted
automatically, hereby, so as to permit the continuation of the
particular existing uses of any building, structure, improvement or
premises existing in the respective zones immediately prior to the
time this ordinance or any amendment thereof becomes effective if
such existing use was not in violation of this or any other ordinance
or law.
Section 17.01.1 As used in this section the word "property" refers
only to that portion of the property actually utilized for the exist-
ing use. The word "improvement" does not include any improvement
not a part of the existing use, and such improvement which is not a
part of the existing use shall be disregarded in the construction
of this section.
Section 17.01.2 This section does not authorize the extension, expan-.
siOn., or enlargement of such existing use, or permit the addition
of structures or other facilities in conjunction with such existing
use.
Section 17.01.3 Such variance shall remain in`force '`and effect for the
following length of time, except that it may be extended, or revoked
as provided in this Article;
(a) Where the property is unimproved, one year.
(b) Where the property is unimproved except for structures which
do not require a building permit, three years.
(c) In other cases twenty years, and for such longer time so that
the total life of the improvement from the date of construction
will be:
1. Type 4 or type 5 buildings (light incombustible frame and.
wood frame):
(a) Flats
(b)
apartments, and double bungalows, thirty ;years.
Other dwellings, thirty-five years.
(c) Stores and factories, twenty-five years.
2.. Type 2 or type 3 buildings (heavy timber construction and
ordinary masonry):
(a) Apartments,offices, hotels, residences, stores below,
apartments above, forty years.
(b) Stores below, hotel or offices above, forty years.
(c) Warehouses, stores, garages
lofts, forty years.
(d) Factories and industrial, forty years.
Type 1 buildings (fire resistive):
(a) Apartments and residences, fiftv years.
(b) Offices and hotels, fifty-five years.
(c)
Theaters, sixty years.
(d) Warehouses, lofts, stores, garages, fifty years.
(e) Industrial, fifty years.
-38
Section 17.02 Extension: In addition to the other grounds set fort
in this ordinance, an exception which has been automatically granted
under Section 17.00 may be extended if the Commission finds that
the nature of the improvement is such that to require cessation of
use would impair the property rightsof any person to such an extent
as to be an unconstitutional taking of property.
Section 17.03 Revocation of Automatic Variance; Inaddition to other
grounds stated in this ordinance a variance ich has been auto-
matically granted may berevoked if the Commission finds:
(a) That the condition of the improvements, if any, on the
property
se usespermitted in th.e zone
property to be used only
ro ert are such that to require
where it is located would
not impair the constitutional rights of any person..
(b) That the nature of the improvements are such that they can be
altered so as to be used in conformity with the uses permitted in
the zone in which such property is located without impairing the
constitutional rights of any person.
Section 17.04 Building Types: Reference made to building tvpes in
Section 17.00 of this ordinance is to be interpreted so that each
such building type is defined in the same manner as that; same term
is defined in Ordinance No. 366 of the Town of Los Gatos, adopting,
a Uniform Building Code.
Section 17.05 Public Hearing; An automatic variance for an existing.
use shall be extended, modified or revoked only after a public
hearing held in the manner provided for in Section 19.00 of this
ordinance.
Section 18.00 CONDITIONAL USES PERMITTED BY COMMISSION
Section 18.01 LOCATION OF PERMITTED USES: Wherever it is stated in
this ordinance that the following uses may be permitted in a district
if their location is first approved by the Commission, said uses are
deemed to be a part of the Comprehensive Master Plan or its
objectives and shall conform thereto. Before the Commission makes
its final determination, it shall hold a public hearing. Such uses
include the following:
Section 18.02 Schools, elementary and high; churches;parks, play-
grounds, la
grounds, community centers, golf courses, automobile service
stations, mortuaries; funeral homes, trailer camps, public camps
and animal hospitals.
Section 1$r03 ADDITIONAL USES PERMITTED: The Commission may, after a
public hearing, permit the following uses in districts from which
they are prohibited by this ordinance where such uses are deemed
essential or desirable to the public convenience or welfare, and
are in harmony with the various elements or objectives of the
Comprehensive Master Plan.
Section 18.04
Section 18.05
Section 18.06
Airport or aircraft landing field.
Cemetery.
Columbarium, crematory or mausoleum.
Section 18.07 Development'of natural resources (excluding the drilling
for or producing of oil, gas or other hydrocarbon substances)
together with the necessary buildings, apparatus, or appurtenances
incident thereto.
Section 18.08
Section 18.09
Section 18.10
Section 18.11
Section 18.12
Section 18.13
Section 18.14
Section 18.15
Section 18.16
Section 18.17
Educational institution.
Government enterprises (Federal, State and Local).
Hospital or sanitarium.
Library or museum, public.
Nursery or greenhouse.
Nursery School.
Park, playground, or recreational or community center.
Philanthropic or correctional institution.
Private club, fraternity or sorority house,
Public utility and public service use or structure.
Section 1$..l$ Radio or television transmitter.
Section l$.19 Trailer camp or tourist court, on any property having
frontage on a Federal or State Highway Route, or Major City Street
as shown on the Master Plan of Streets & Highways of the Town of
Los Gatos.
Section 18.20 Large scale neighborhood housing projects
minimum gross area of twenty (20) acres provided:
(a) that the lot area per dwelling unit complies with
ments of the district in which the project is located.
having a
the require -
(b) that the character of development of the lots on the border.
of said project harmonizes with that on the surrounding lots or
property,
(c) that all yards on the lots on the border of said project
conform to the regulations of the district in which the property
is located; and
(d) that the minimum distances between the main buildings within
the side area (excluding lotson the border), shall be as follows:
(1) front to front, front to rear, or rear -to rear two
(2) times the height of the taller building, but not less
than seventy. (70) feet;
(2) side to side - one-half (1/2) the height of the taller
building, but not less than ten (10) feet;
(3) front to side or rear to side - one (1) times the
height of the taller building, but not less than fifty (50)
feet.
Section 18.21 PROCEDURE Written applications for the approval of the
uses referred to in Section 18.00 shall be filed in the office of
the Town Clerk upon forms prescribed for that puroose by the
Commission. A fee of Fifteen Dollars ($15.00) shall be paid upon
the filing of each application for a special use permit. The Town
Planning Commission shall hold a public hearing on each such
application.
The procedure for holding public hearings shall be the same as that
required in. Section 22.00 of this ordinance.
The Commission shall make its findings and determinationin writing
within forty {40)' days from the date.. of filing of an application
and shall forthwith transmit copy thereof to the applicant. No
decision of the Commission under Section 18.00 shall become effective
until' after an elapsed period of ten (l0) days from the date of the
decision by the Planning Commission, during which time the applicant,
or any other person aggrieved, may appeal therefrom to the Town
Council in the same manner as provided for in Section 22.00.
In approving the uses referred to in Section 18.00, the Commission
shall have authority to impose such conditions as it deems necessary
to protect the best interests' of the surrounding property of the
neighborhood and the Comprehensive Plan,
Section 19.00 VARIANCES
Section 19.01 AUTHORITY OF CO.1MISSION: Whenever there is any question
regarding the interpretation of this ordinance, or its application
to any specific case or situation, the Commission shall interpret the
intent of this ordinance by written decision and such interpretation
shall be followed in applying said provisions. Where practical
difficulties or unnecessary hardships, inconsistent with the general
purposes of this ordinance may result from the strict and literal
interpretation and enforcement of the provisions thereof, the
Commission, upon receipt of a verified application from the owner
of the property affected, stating fully the grounds of the applica-
tion and facts relied upon, shall have authority to grant, upon
such conditions and safeguards as it may determine, such variances
therefrom as may be in harmony with their general purpose and intent,
so that the spirit of this ordinance shall be observed, public safety
and welfare secured, and substantial justice done, including the
following:`
Section 19.02 Permit in the "R11 Districts, public parking areas or
storage garages adjacent to any existing or proposed use in the
multiple dwelling, commercial or industrial districts.
Section 19.03 Permit the modification -of the automobile parking space
or loading space requirements where, in the particular instance.
such modification will not be inconsistent with the purpose and
intent of such requirements; or permit the waiver of the requirement
that automobile parking space be provided on the same lot with a
dwelling, if other suitable and convenient parking space is available
within or without a building.
Section 19.04 Permit in districts limiting the height to two and one-
half (2 1/2) stories, thirty-five (35) feet, or three (3) stories,
forty-five (45) feet, schools, hospitals, sanitariums, institutions,
churches and other similar uses allowed under the use regulations
of this ordinance, to be erected to a height not exceeding six (6)
stories or seventy-five (75) feet, provided, that the front and side
yard requirements for such buildings in the "R-3" District are
complied with.
Section 19.05 Permit a less restricted use in a more restricted district
as follows: Any "C" District use in any other "C" District and "M-1"
Use in the '1C-2" Districts, any ttM-2'" use in an "M-1" District,
provided such use due to its limited nature, modern devices, or
building design, will be no more objectionable than the uses per-
mitted_ in such district.
Section 19.06 Permit such modification of the height and area regula-
tions as may be necessary to secure an appropriate improvement of
a lot which is of such shape, or so located with relation to
surrounding development or physical characteristics, that it cannot
otherwise be appropriately improved without such modification.
Section 19.07 Permit temporary buildings and uses for periods of not
to exceed two (2) years in undeveloped sections of the Town, and
for periods of not to exceed six .(6)-zionths, in developed sections.
Section 19.08 Permit the reduction in the lot width requirements,
Section 19.09 Permit in newly annexed areas a variation inthe interium
"R-1" District regulation prior to the adoption of a zoning plan as
provided in Section 15.03.
Section 19.10 PROCEDURE: Written applications for the approval of
variances referred to in this section shall be filed in the Office
of the Town Clerk upon forms prescribed for thatpurpose by the
Commission. A fee of Fifteen Dollars (415. 00) shall be paid upon
the filing of each application for a variance. A public hearing
upon each such variance application shall be held by the Town Plan-
ning Commission.
The procedure for holding public hearings shall be the same as that
required in Section 22.00.
The Commission" shall make its findings and determination in writing
within forty (40) days from the date of filing of an application and
shall forthwith transmit a copy thereof to the applicant. No
deeision of the Commission under Section 19.00 shall become effect-
ive until after an elapsed period of ten (10) days from the date
the written determination is made, during which time the applicant
or any other person aggrieved, may appeal therefrom to the Town
Council,as provided in Section 22.00.
In approving the uses referred to in Section 19.00, the Commission
shall have authority to impose such conditions as it deems necessary
to protect the best interests of the surrounding property or
neighborhood and the Comprehensive Master Plan.
Section 20.00 CERTIFICATE OF OCCUPANCY
Section 20.01 No vacant land shall be occupied or used until a
Certificate of Occupancy shall have been issued by the Building
Inspector.
Section 20.02 CERTIFIC.A.TE OF OCCUPANCY FOR A BUILDING: Certificate
of Occupancy for a new building or the enlargement or alteration of
an existing building shall be applied for coincident with the appli-
cation for a building permit, said certificate shall be issued after
the request for same shall have been made in writing to the Build-
ing Inspector after the erection or alteration of such building or
part thereof shall have been completed in conformity with the pro-
visions of these regulations. Pending the issuance of a regular
certificate, a Temproary Certificate of Occupancy may be issued by
the Building Inspector for a period not exceeding six (6) months,
during the completion of alterations or during partial occupancy of
a building pending its completion. Such temproary certificate shall
notbe construed as in any way altering the respective rights,
duties, or obligations of the owners or of the Town relating to the
use or occupancy of the premises or any other matter ° covered by this
ordinance, and such temporary certificate shall not be issued except.
under such restrictions and provisions as will adequately insure
the safety of the occupants.
Section 20.03 CERTIFICATE OF OCCUPANCY FOR LAND: Certificate of
Occupancy for the use of vacant land or the change in the, character
of the use of land as herein provided, shall be applied for before
any such land shall be occupied or used for any -purpose except that
of tilling the soil and growing therein of farm, garden or orchard
products, and a Certificate of Occupancy shall be issued after the
application has been made, provided such use is in conformity with
the provisions of these regulations.
Section 20.04 CERTIFICATE OF OCCUPANCY - CONTENTS FILING -FEET
Certificate of Occupancy shall state that"` the building. or proposed
p Y
use of a building or land complies with all laws and ordinances and
with the provisions, of these regulations. A record of all certifi-
cates shall be kept on file in the office of the Building Inspector
and copies shall be furnished on' request to any person having a
proprietary or tenancy interest in the building or the land affected.
A fee of one dollar ( 1.00) shall be charged for each extra copy of
a Certificate of Occupancy, issued after the original has been
furnished the owner or his agent.
Section 20.05 SITPLANS
Section 20.06 All applications for a Certificate of Occupancy shall
be made on a printed form to be furnished by the Building Inspector
and shall contain accurate information and dimensions as to the
size and location of the lot; the size and location of the building
or structure on the lot; the dimensions of all yards and open spaces;
and such other information as may be necessary to provide for the
enforcement of these regulations.
-Where complete and accurate information is not readily available
from existing records, the Building Inspector may require the appli-
cant to furnish a survey of the lot prepared by a licensed surveyor.
A careful record of the original copy of such applications and site
plans shall be kept in the Office of the Building Inspector and the
duplicate copy shall be kept at any building under construction at
all times during construction thereof.
Section 21.00 BOUNDARIES OF DISTRICTS
Section 21.01 Where uncertainty exists with respect to the boundaries
of the various districts as shown -on the district map accompanying
and made a part of this ordinance, the following rules shall apply:
Section 21.02 Streets and Alleys: The District boundaries are either
streets or alleys, unless otherwise shown, and where the indicated
boundaries on said district map are approximately street or alley
lines, said streets or alleys shall be construed to be the boundaries
of such district.
Section 21.03 Lot Lines: Where the district boundaries are not shown
to be streets or alleys, and where the property has been or may
hereafter be divided into blocks and lots, the district boundaries
shall be construed to be lot lines; and where the indicated boundaries
on the district map are approximately lot lines,, said lot lines shall
be construed to be the boundaries of each district, unless said
boundaries are otherwise indicated on the reap.
Section 21.04 Scale of Map: Determination by Commission: Where the
property is indicated on the district map as acreage and not sub-
divided into lots and blocks or where the district boundary lines
on the district map shall be determined by the scale contained on
such map, and where uncertainty exists, the district boundary line
shall be determined by the Commission by written decisions In the
event property which is shown as acreage on the district map has
been or is subsequently subdivided into lots and blocks by a duly
recorded subdivision map and the lot and block arrangement does not
conform to that anticipated when the district boundaries were
established, or property is resubdivided by a duly recorded sub-
division map into different arrangement of lots and blocks than
shown on the district map, the Commission, after notice to the
owners of property affected thereby and hearing, may interpret the
district map and make minor readjustments in the district regula-
tions and conform to the street and lot layout on the ground. Such
interpretations or adjustments shall be by written decision, and
thereafter the copiesof the district map shall be changed to con-
form thereto®
Section 21.05 Symbol for District: Where one symbol is used on the
district map to indicate the district classification of an area
divided by an alley. or >'alleys, said symbol shall establish the
classification of the whole of such area.
Section 21.06 Street - Allocation or Division: Any street or alley
(excluding a State Freeway) included on the district map shall,
unless otherwise indicated, be included within the district of
adjoining property on either side thereof; and where such street
or alley serves as a boundary between two or more different districts,
a line mid -way in such street or alley, and extending in the general
direction of the long dimension thereof shall be considered the
boundary between districts.
Section 21.07 Vacated Street or Alley: In the event a dedicated
street or alley shown on the district map is vacated by ordinance,
the property formerly in said :street or alley shall be included
within the district of the adjoining property on either side of the
said vacated street or alley. In the event said street or alley
was a district boundary between two or more different districts,
the new district boundary shall be the former center line of said
vacated street or alley.
Section 21.08 Other Rights -of -Way and Stream Beds - Allocation or
Division: A railroad, railroad right-of-way, water course, channel,
body of water, or freeway designated as such by the California
State Highway Commission shall not be included within any district
as defined in this ordinance; Such railroad, railroad right-of-way,
water course, channel, body of water, or freeway designated as such
by the California State Highway Commission shall not be used for any"
purpose other than that for which it is ordinarily and normally used.
Should any such railroad, railroad right-of-way, water course,
channel, body of water, or freeway designated as "such by the California
Highway Commission be vacated or abandoned or changed in such a way
as to make it available for some other use or uses, no such other use
or uses shall be allowed until such land hasbeenincluded in some
district in accordance with the procedure specified in Section 22.00
ofthis ordinance.
Section 21.09 Interpretation - Purpose and Conflict: In interpreting
and applying the provisions of this ordinance, they shall be held to
be the minimum" requirements` for the promotion of'the public health,
safety, comfort, convenience' and general welfare. It is not intended'
by this ordinance to interfere with or abrogate or annul':any easement,
covenant or other agreement between parties. Where this ordinance
imposes a greater restriction upon the use of buildings or land, or
upon the height of buildings, or requires larger' open spaces than
are imposed or required by other ordinances, rules, regulations, or
by easements ,covenants -or agreements, the provisions of this
ordinance shall control,
Section 22.00 ` CHANGES AND AMENDMENTS
Section, 22,01 Procedure for Change: Whenever the public necessity,
convenience, general welfare orgood zoning practice require, the
Town Council may by ordinance, after report thereon by the Commission
and subject to the procedure provided in this section, amend,
supplement or change the regulations, district boundaries, or classi-
fications of property, now or hereafter established by this
Ordinance. An amendment, supplement, reclassification or change
may be initiated by resolution of the Commission or the Town Council
or by a verified application of the owners of fifty (50) percent or
more of the area of all the property within a -radius of two hundred
(200) feet of the area proposed to be changed.
Section 22.02 Applications for Change -- Form and Contents: Applica-
tions for any change of district boundaries or reclassification of
districts as shown on the zoning map, shall be filed with the Town
Clerk upon forms and accompanied by such data and information as
may be prescribed for that purpose by the Commission so as to assure
the fullest practicable presentation of facts for the permanent
record.
Section 22.03 Each such application shall be verified by at least one
of the owners of property within the area proposed to be changed,
attesting to the truth and correctness of all facts and information
presented with the application.
Section 22.04 A fee of Fifty ($50.00) Dollars shall be paid upon the
filing of each application for change of district classification
for the purpose of defraying the costs of the proceedings prescribed
herein. A written receipt shall be issued to the persons making
such payment and records thereof shall be kept in such manner as
prescribed by law.
Section 22.05 Hearing Date- Notice: Upon the filing of such appli-
cation or the adoption of such resolution by the Commission or Town
Council, the Commission shall set the time and place and shall, hold
one public hearing on said application.
Section 22.06 Notice of the time and place of such public hearing
shall be given by one publication not less than ten (10) days prior
to such hearing in a newspaper of general circulation in the Town,
designated for that purpose by the Town Council.
Section 22.07 In the case of an application or a resolution involving
the reclassification or change of zone the Commission shall cause a
similar notice, or notices, to be conspicuously posted upon the
property proposed to be changed in classification at least ten (10)
days prior to the date'of the hearing. Such notice shall be printed
with a heading reading, "NOTICE OF HEARING REZONING" in letters not
less than one inch in height. No posting of notices as required by
this Section shall be necessary for the approval of the uses referred
to in Section 18.00 or for those variances covered by Section 19.00.
Section 22.08 In connection with a hearing concerning only the amend-
ing, supplementing or changing of the text of this Ordinance, the
published notice of public hearing, as provided in Section 22.06 of
this Ordinance shall suffice.
Section 22.09 Decision by Commission and Town Council: If, from the
facts presented, the Commission finds that public necessity, con-
venience, general welfare or good zoning practice require the change
or reclassification involved or any portion thereof, the Commission
may recommend such change to the Town Council, and otherwise it shall
deny the application. The Commission shall make its findings and
determination in writing within ninety (90) days from the date of
filing of any application and shall forthwith transmit a copy thereof
to the applicant. If the application: is approved, the Commission
shall forward its findings and recommendations to the Town Council.
The Town Council, : after the Commission has conducted a public
hearing thereon, with published notice, thereof, as provided in
Sections 22.00 of this ordinance may by ordinanceeffect such amend-
ment, supplement, change or reclassification or any portion thereof.
Section 22.10 Appeal: Any person aggrieved by any decision of the
Planning Commission made under the provisions of this Ordinance may,
within ten (10) days from the date of such decision appeal to the
Tqwn Council by written notice of axipeal filed in duplicate and
shall set forth specifically wherein the Commission's findings and
decision were in error. Upon hearing the appeal, the Town Council
shall consider the record and such additional evidence as may be
offered and may affirm, modify or reverse, in whole or in part, the
order, requirement, decision, determination, interpretation or
ruling appealed from, or make and substitute such other additional
decision or determination -as it may find warranted under the pro-
visions of this ordinance. The standards herein established to
govern the discretion of the Commission shall apply with equal force
to the actions of the Council.
Seci22.11 a DecisionlbbeResolution: The decision of the Town Council
uponpp expressed by resolution in writing concurred
in by at least four -fifths (4/5) of all the , members of the Council,
and the Council shall forthwith transmit a copy thereof to the
original applicant, the appellant and the Commission. If the decision
be adverse to that of the Commission on any action concerning the
administration or enforcement of any of the provisions of this
ordinance, the resolution of the Council shall specify wherein there
was an error or abuse of discretion on the part of the Commission.
No determination of the Commission granting or denying a Conditional
Use Permit, a Variance or a Change of: Classification shall be
reversed or modified by the Council unless the Council shall include
in its decision a finding of fact showing wherein the Commission
erred in its decision. The procedure of the Town Council in effect-
ing a change; or reclassification of property initiated by resolution
of intention, rather than by application of property owners, or for
an amendment or supplement to the text which has been disapproved or
partially disapproved by the Commission, shall be the same as that
outlined above in this subsection for the granting of an appealed
application.
Section 22.12 Changes Incident' to. Subdivision: The Town Council' shall
have authority to make changes without holding a public hearing
where, in the subdivision of an area, it is found by the Commission
that the districts, as shown on the zoning map, do not conform with
the best subdivision and use of the land. In such instances, the
Town Council may, upon the recommendation of the Commission, authorize
within the boundaries of the area being subdivided, the "appropriate
adjustment of district boundaries or'the reclassification of the
area into a more restricted district. Such recommendations of the
Commission to the Town Council shall be made only after receipt of
a written request by the owner of the, area being subdivided, but no
public hearing or filing fee shall be required by the Commission.
Section 23.00 ENFORCEMENT AND PENALTY
Section 23.01 It shall be the duty of the Town Building Inspector or
such other person as the Town Council may designate to enforce this
Ordinance. All departments, officials and public employees of the
Town of Los Gatos vested with the duty or authority to issue permits
shall conform to the provisions of this Ordinance and shall issue
no permit or license for uses, buildings, or purposes in conflict
with the provisions of this Ordinance; and any such permit or any
business license issued in conflict with the provisions of this
Ordinance shall be null and void.
Section 23.02 Any person violating any provision of this ordinance
shall, upon conviction, be punished by a fine not to exceed the sum
of FIVE HUNDRED DOLLARS {500.00) or by imprisonment in the County
Jail not to exceed six (6) months or by bothsuch fine and imprison-
ment. Each day that a violation of this ordinance continues shall
bey considered a separate offense.
Section 23.03 Any use of a premises or a building which deviates from
or violates any of the provisions of this ordinance shall be termed
an illegal occupancy and the person or persons responsible therefor,
shall be subject to the penalties herein provided„
Section 24.00 VALIDITY
Section 24.01 If any section, subsection, sentence, clause or phrase
of this Ordinance is for any reason held to be unconstitutional,
such decision shall not affect the validity of the remaining portions
of this Ordinance. The Town Council hereby declares that it would'
have passed this Ordinance, and each section, subsection, sentence,
clause and phrase thereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared
unconstitutional.
Section 25.00 REPEAL.: All ordinances or parts of ordinances in con-
flict with or inconsistent with the provisions of this ordinance
are hereby repealed, except that this repeal shall not affect or
prevent the prosecutionor punishment of any person for any act
done or committed in violation of any ordinance hereby repealed
prior to the taking effect of this ordinance.
Section 26.00 ENACTMENT:
Section 26,01 Introduced at a regular meeting of the Town Council of
the Town of Los Gatos, State of California, held on the 5th day of
ilarch, 1956.
Passed and adopted as an ordinance of the Town of Los Gatos, State
of California, at a continued regular meeting of the Town Council
thereof, held on the 1/2 w=- day of March, 1956, by the following
vote:
AYES, and in favor thereof, Councilmen:
NOES, Councilmen:
ABSENT, Councilmen:
ATTEST
r" c
^ z .e Cs
CLERK OF H TOWN OF LOS GATOS
Published Los Gatos Times -Saratoga Observer %'4- , 1956