Ord 1884 - Amendment to Ordinance Modifying Regulations for Nonconforming Uses Allowing Properties that are Nonconforming as to Parking and To Contiue Operating With RestrictionsORDINANCE 1884
AMENDMENT TO 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
Section 3.50.050 of the Zoning Ordinance is amended to read as follows:
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) Hotels /motels located in residential zones which were converted to
multiple family dwelling units prior to March 22, 1986, if a Conditional
Use Permit is obtained.
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(g) 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
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
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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.
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 December 16, 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
January 6, 1992.
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Brent N. Ventura, and Mayor Eric D. Carlson
NAYS: None
ABSENT: None
ABSTAIN: Joanne Benjamin
SIGNED:
n
MAYOR OF THE TOWN OF LOS GATOS
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
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