Ord 1864 - Modifying Regulations for no nconforming uses Allowing Properties that are Nonconforming as to Parking toContinue Operating with RestrictionsORDINANCE 1864
AN ORDINANCE OF THE TOWN OF LOS GATOS
MODIFYING REGULATIONS FOR NONCONFORMING USES ALLOWING
PROPERTIES THAT ARE NONCONFORMING AS TO PARKING TO
CONTINUE OPERATING WITH RESTRICTIONS
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY
ORDAIN:
SECTION I
SEC. 3.50.050 DURATION OF NONCONFORMING USE STATUS
This Section 3.50.050 regulates the duration of nonconforming uses.
(Nonconforming buildings are regulated by Section 3.50.060.) A nonconforming
use must cease at the end of the applicable period. The duration of all
nonconforming uses is:
(1) The following uses are allowed to continue interminably:
(a) Nonconforming residential uses (except nonconforming secondary
dwelling units pursuant to Section 3.98 of this Ordinance).
(b) Schools.
(c) Church uses.
(d) Nonresidential uses in the downtown which would otherwise be
nonconforming due to zone changes and ordinance amendments which
occurred after July 1, 1982.
(e) Residential care facilities for the elderly that existed as of January 1,
1988 and are nonconforming only as to parking.
(f) Commercial uses that are nonconforming as to parking if parking has
been provided on -site by July 1, 1992, or 20 years from the date the use
became nonconforming which ever is later. Parking must be provided
to the maximum extent possible given existing physical constraints of the
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property such as building location and coverage, trees and other physical
barriers or features.
Any commercial property that is nonconforming as to parking shall not
be allowed to intensify use or improve the property other than as
required for normal maintenance. Examples of changes that would be
permitted are painting (interior /exterior), normal maintenance to
electrical, plumbing and mechanical equipment, signage with required
permits, and uses with applicable use and occupancy permits.
(2) A junk yard must cease 90 days from the date it becomes
nonconforming.
(3) Where there are improvements on land, but of a type for which no
Building Permit would currently be required, the nonconforming use
must cease three years from the date the use becomes nonconforming.
(4) Where the land is improved with one or more structures of a type for
which a Building Permit would currently be required and the structure(s)
are utilized in connection with the nonconforming use, the authorized
period of duration of the nonconforming use is 20 years from March 23,
1966 or 20 years from the date the use became nonconforming,
whichever is later.
(5) Commencing in 1982, where a Zoning Amendment is adopted which
causes a use to be nonconforming solely by subjecting it to the
requirement of obtaining a Conditional Use Permit, all uses affected by
the Amendment must apply for a Use Permit within sixty days (60) after
the Amendment becomes effective. Failure to make such application
shall render the subject use immediately unlawful.
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In making its decision on an application for a Conditional Use Permit
made hereunder, the Commission shall, as one of the conditions of the
permit, establish an amortization period, based on a reasonable
accommodation between the public gains to be derived from a speedy
removal of the nonconforming use and the private loss which removal
of the use would entail.
If any period of authorized duration is held by a court to be too short
and therefore unconstitutional on its face or as applied, the period of
duration shall be extended to such time as the court determines is
lawful.
SECTION II
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.
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This Ordinance was introduced at a regular meeting of the Town Council of the Town
of Los Gatos on August 19, 1991, 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
September 3, 1991.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
Randy Attaway, Joanne Benjamin, Steven Blanton
None
Mayor Brent N. Ventura
Eric D. Carlson
VICE -MAYOR OF THE TOWN OF LOS GATOS
SIGNED:
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
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