Ord 1432 - AMENDING THE ZONING ORDINANCE CONCERNING NONCONFORMING LOTS AND THE MERGER OF NONCONFORMING LOTSORDINANCE NO. 1432
AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING
THE ZONING ORDINANCE CONCERNING NONCONFORMING
LOTS AND THE MERGER OF NONCONFORMING LOTS
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ORDAINS:
SECTION 1.
Sec. 2.00.295 of the Zoning Ordinance of the Town of Los Gatos is amended
to read:
SEC. 2.00.295: LOT
A parcel of land which under the terms of the Subdivision Map Act
and.local ordinances exists separately from all other land. A parcel
of land which is merged with one or more other parcels under the
provisions of the Subdivision Map Act or section 3.10.010 does not
exist separately from other land. Merged parcels are a single lot.
SECTION 2.
Sec. 3.10.010 is added to the Zoning Ordinance of the Town of Los Gatos
to read:
SEC. 3.10.010: L OT MERGER
(1) Regardless of the lawfulness of
land, a parcel of land is not a lot when
requirements of this Ordinance or of the
area, (b) it shares a common boundary wi
substantially unimproved, or a principal
common boundary.
the original division of the
(a) it does not meet the
Subdivision Ordinance concerning
th other land under the same or
building is built across the
(2) A parcel of land does lawfully exist separately from other
land and is a lot notwithstanding the provisions of subsection (1) when
both the parcel in question and each other parcel of land under the same
or substantially the same ownership with which it shares a common boundary
or boundaries (a) were originally products of one or more lawful divisions
of land, (b) are as large as the average lot in the neighborhood and
(c) no currently lawful use of either parcel would be detrimental to
the general welfare, nor to the welfare of the neighborhood. No
construction permit or similar authorization or zoning approval can
be issued for any activity or work on land which the planning director
determines is described
has found that the prop
exception applies. The
the three elements, and
fact, of the boundaries
definitions of average
in subsection (1) until the planning commission
�r facts exist and that the subsection (2)
findings must be specific concerning each of
a determination, with statement of supporting
of the neighborhood and of which of the ordinary
-- mean, median or mode -- properly should be used.
SECTION 3.
Sec. 5.60.010 of the Zoning Ordinance of the Town of Los Gatos is amended
to add:
SEC. 5.60.010 PLANNING DIRECTOR
(26) Determines whether lots have merged.
SECTION 4.
Sec. 5.60.200 of the Zoning Ordinance of the Town of Los Gatos is amended
to add:
SFr._ 5_F(l_2M- PI ANNTNA rnMMTSSL(lN
(21) Under provisions of section 3.10.010 of this ordinance and
section 66424.2 of the Subdivision Map Act, determines whether lots have
merged.
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SECTION 5.
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 21,1979 and adopted by the following vote
as an ordinance of the Town of Los Gatos at a regular meeting of the Town
Council on June 4,1979
AYES: COUNCIL MEMBERS Ruth Cannon, Thomas J. Ferrito,
Mardi Gualtieri, Peter W. Siemens, John B. Lochner
NOES: COUNCIL MEMBERS None
ABSTAIN: COUNCIL MEMBERS None
ABSENT: COUNCIL MEMBERS None
ATTEST:
C:;e�z e
CLERK F THE TOWN OF LOS GA
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