Ord 1487 - AN URGENCY ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTION 3.50.130 OF THE ZONING ORDINANCE ON AN INTERIM BASIS TO ALLOW RECONSTRUCTION OF A DESTROYED NON-CONFORMING BUILDING WITH A CONDITIONAL USE PERMIT AND SPECIAL CONDITIONS, PENDING PREORDINANCE NO. 1487
AN URGENCY ORDINANCE OF THE TOWN OF LOS
GATOS AMENDING SECTION 3.50.130 OF THE
ZONING ORDINANCE ON AN INTERIM BASIS TO
ALLOW RECONSTRUCTION OF A DESTROYED NON-
CONFORMING BUILDING WITH A CONDITIONAL
USE PERMIT AND SPECIAL CONDITIONS, PENDING
PREPARATION OF A NEW DOWNTOWN PLAN.
The Town Council of the Town of Los Gatos does hereby ordain:
Section A. Findings
The Council hereby finds as follows:
1. As a result of many changes in the Zoning Ordinance over the years,
it is estimated that as many as 80 percent (80 %) of the uses in the Downtown
Area may be nonconforming and many of these uses would have to be removed
by 1986.
2. Since the conditions described in para. 1 would have a drastic
effect on the Downtown, the Council has authorized the preparation of a
Downtown Plan to consider more creative alternatives.
3. In the interim, in order to prevent undue hardship and avoid
creation of conditions which may be in conflict with the forthcoming
Downtown Plan, it is necessary to amend the Zoning Ordinance to allow
destroyed nonconforming buildings to be rebuilt under certain conditions.
Section B
Section 3.50.130 of the Zoning Ordinance is hereby amended to add
the following paragraph:
Any other provisions in this section to the contrary notwithstand-
ing, if any other nonconforming building is destroyed to the extent of more
than 50 percent (50 %) of its value, it may be rebuilt with a conditional
use permit, subject to the following conditions, in addition to any others
required by the Zoning Ordinance:
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(1) The proposed use must conform to the current General Plan
and zoning.
(2) The building must conform to the most current requirements
of the Town in every respect except parking, and may not exceed the floor
area of the destroyed building.
(3) Any other conditions, on the use or the building, which are
found necessary to make the reconstruction compatible with the surrounding
neighborhood, including compliance with the requirements of subparagraphs (4)
through (8) of Section 3.50.115 of the Zoning Ordinance (substituting the
word "reconstruction" for "expansion ").
Sartinn r
This ordinance shall take effect immediately and shall expire four
months from the date of adoption, unless extended as provided in Calif.
Govt. Code Section 65858.
This ordinance was adopted by the following vote as an urgency
ordinance of the Town of Los Gatos at a regular meeting of the Town
Council on _ January 5th , 1981.
AYES: COUNCIL MEMBERS Ruth Cannon, Marlyn J. Rasmuss
P eter W. Siemens, Brent N Ven tura and Thomas
J. Ferrito
NOES: COUNCIL MEMBERS None
ABSENT: COUNCIL MEMBERS None
ABSTAIN: COUNCIL MEMBERS None
ATTEST: SIGNED:
CLERK OF THE TOWN Of L ATOS
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