Ord 1754 - AMEND THE TOWN ZONING ORDINANCE TO PERMIT RESIDENTIAL CARE FACILITY - -GROUP HOMES TO BE ADDED TO THE LIST OF NONCONFORMING USES THAT ARE ALLOWED TO CONTINUE INTERMINABLYORDINANCE NO. 17F4
AN ORDINANCE OF THE TOWN OF LOS GATOS TO AMEND
THE TOWN ZONING ORDINANCE TO PERMIT RESIDENTIAL
CARE FACILITY - -GROUP HOMES TO BE ADDED TO THE LIST OF
NONCONFORMING USES THAT ARE ALLOWED TO
CONTINUE INTERMINABLY
SECTION I.
Section 3.50.050 of the Los Gatos 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 du-
ration 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 amendment which
occurred after July 1, 1982.
(e) Residential care facilities for the elderly that existed as of Jan-
uary 1, 1988 and are nonconforming only as to parking.
(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 build-
ing 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 struc-
ture(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.
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 meet-
ing of the Town Council of the Town of Los Gatos on June 20 1988 and
adopted by the following vote as an ordinance of the Town of Los Gatos at a reg-
ular meeting of the Town Council on JULY 5 , 1988.
AYES: COUNCIL MEMBERS Thomas J. Ferrito, Robert L. Hamilton and
NOES: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS Joanne Benjamin
ABSENT: COUNCIL MEMBERS Mayor Eric D. Carlson
SIGNED:
ffy MAYOR OF THE TOWN 0 OS GATOS
ATTEST:
� � L 6e � 4 —
CLERK OF THE TOWN OF LOS GATOS
PLNOI:TC 6/20 #6
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