Ord 1821 - AMENDING THE ZONING ORDINANCE TO ALLOW NONCONFORMING HOTELS /MOTELS LOCATED IN RESIDENTIAL ZONES THAT WERE CONVERTED TO MULTIPLE FAMILY DWELLING UNITS PRIOR TO MARCH 22, 1986ORDINANCE 1821
AN ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING THE ZONING ORDINANCE TO ALLOW NONCONFORMING
HOTELS /MOTELS LOCATED IN RESIDENTIAL ZONES
THAT WERE CONVERTED TO MULTIPLE FAMILY DWELLING UNITS
PRIOR TO MARCH 22, 1986
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ORDAINS:
SECTION I.
Section 3.50.050 of the Zoning Ordinance is amended to read:
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 3.50.60.) 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:
(Amended by Ord. 1546, 8- 16 -82)
(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. (Amended by Ord. 1716, 4- 20 -87)
(e) Residential care facilities for the elderly that existed as of January 1,
1988 and are nonconforming only as to parking. (Amended by
Ordinance 1754, 7 -5 -88)
(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.
(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.
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. (Added by Ord. 1532, 4- 20 -82)
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.
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SECTION II.
Section 3.50.085 of the Zoning Ordinance is amended to read:
SEC. 3.50.085: MODIFICATION OF A NONCONFORMING USE
After May 6, 1981, (March 22, 1986, for hotels and motels located in residential
zones that were converted to multiple family dwelling units) a use which is
nonconforming shall not be modified without obtaining a Conditional Use Permit
therefor. A modification shall be defined as follows:
(1) Any change that is an intensification of use. (Including but not limited to: (a)
additions to seating capacity or gross floor area, (b) increase in parking
required, other than the requirement of increases because of ordinance
amendment, (c) use of additional land, (d) commencement of new activities,
and /or (e) increase in the number of hours of operation or staying open later
and such change of hours imposes a new burden on the surrounding
neighborhood.)
(2) Any change that is a substantial departure from plans which were the basis of
any approved use.
SECTION III.
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 May 7, 1990, and adopted by the following vote as an Ordinance
of the Town of Los Gatos at a regular meeting for the Town Council on May 21, 1990.
COUNCIL MEMBERS:
AYES: Joanne Benjamin, Eric D. Carlson, Robert L. Hamilton
and Brent N. Ventura
NAYS: Thomas J. Ferrito
ABSENT: None
ABSTAIN: None
SIGNED:
MAYOR OF
LOS GATOS,
TOWN OF LOS GATOS
[FORNIA
ATTEST:
CLERK OF THE TOWN OVOS GATOS
LOS GATOS, CALIFORNIA
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