Ord 1903 - AMENDING FOR NONSUBSTANTIVE CHANGES TO NONCONFORMING CHAPTER OF THE TOWN CODEORDINANCE 1903
ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING FOR NONSUBSTANTIVE CHANGES TO
THE NONCONFORMING CHAPTER OF THE TOWN CODE
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY
ORDAIN:
SECTION I
Section 29.10.210 of the Town Code is amended to read:
Sec. 29.10.210. Changing use of nonconforming building.
A conditional use permit is required whenever the activity is changed in a building
which is nonconforming as to type, regardless of whether the activity is otherwise proper
under this chapter. In no case shall intensification be deemed a change of activity for
purposes of this section. Any conditions which are reasonably necessary to protect the
neighborhood or the general public welfare or to promote the policy of phasing out
nonconforming buildings and uses shall be imposed. If the new activity would not be
allowed under the rules of the zone, a conditional use permit cannot be issued unless the
requirements of section 29.10.235 are fulfilled.
SECTION II
Section 29.10.235 of the Town Code is amended to read:
Sec. 29.10.235. Use of nonconforming buildings.
If the owner of a nonconforming building proves in a Section 29.10.210 proceeding
that the building is not suited, even with reasonable modification, for any activity permitted
in the zone, the building may be used for an activity which is not otherwise permitted if
the proposed activity is clearly more consistent with permitted activities than the most
recent nonconforming activity in the building. If the owner of a nonconforming building
proves in a Section 29.10.210 proceeding that the building is not suited, even with
reasonable modification, for an activity which is more consistent with the uses allowed in
the zone, the building may be used for an activity substantially identical to the most recent
nonconforming activity in the building. In no event may the building be used for an activity
which is less consistent with the activities allowed in the zone than the most recent lawful
activity in the building.
SECTION III
Section 29.10.250 of the Town Code is amended to read:
Sec. 29.10.250. Rules governing the expansion of nonconforming buildings.
When expansion is allowed by section 29.10.245, the following rules apply:
(1) When a building is too close to a property line or a street, any expansion or
reconstruction may not be nearer to a property line than the existing building
is to that property line. Reconstruction may only be allowed if the Building.
Official determines that the portion of the building proposed to be demolished
has deteriorated to a point that reconstruction is necessary. The projections
listed in subsection 29.40.070(b) except chimneys and bay windows may project
beyond the wall of the expanded or reconstructed portion subject to the rules
of subsection 29.40.070(b).
(2) When a building is too high, the expansion must be within the current height
limitations.
(3) When a building covers too much land no expansion is allowed which would
increase the coverage. However, second floor additions are allowed as long
as the area of the second floor does not exceed the area allowed to be
covered by the rules of the zone.
(4) Approval can be denied if the expansion would in any way cause a safety
problem or be detrimental to the public welfare.
(5) The expansion must take place either on the zoning plot as it existed on the
date the building became nonconforming or on the existing zoning plot,
whichever is smaller.
(6) The expansion must not impede the orderly development or redevelopment
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of neighboring property in a manner which will conform to both the general
plan and the current zoning.
(7) Approval of the expansion may not be inconsistent with the general policy of
phasing out nonconforming uses.
SECTION IV
This Ordinance takes effect 30 days after the date it is adopted. Within 15 days after
this Ordinance is adopted, the Town Clerk shall cause it to be published once in a
newspaper of general circulation published and circulated in the Town.
This Ordinance was introduced at a regular meeting of the Town Council of the
Town of Los Gatos on May 4, 1992, and adopted by the following vote as an ordinance
of the Town of Los Gatos at a meeting of the Town Council of. the Town of Los Gatos on
May 18, 1992.
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton,
Brent N. Ventura, Mayor Eric D. Carlson
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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