Ord 1496 - AMENDING THE ZONING ORDINANCE CONCERNING NONCONFORMING USESORDINANCE NO. 1496
AN ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING THE ZONING ORDINANCE CONCERN -
ING NONCONFORMING USES
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ORDAINS:
SECTION 1.
Section 3.50.085 is added to the Zoning Ordinance of the Town of Los
Gatos to read:
SEC. 3.50,085 MODIFICATION OF A NONCONFORMING USE
After May 6, 1951 , a use which is nonconforming shall
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) increases
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 2.
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Section 3.50.086 is added to the Zoning Ordinance of the Town of Los
Gatos to read:
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SEC. 3.50.086 PROCEEDINGS TO DETERMINE THAT NONCONFORMING
USE IS NO LONGER LAWFUL
Failure to comply with any of the requirements of this
Chapter shall render an otherwise valid, nonconforming use
unlawful under section 3.50.030. Proceedings to make a de-
termination of such unlawfulness shall be held in the same
manner as set forth in section 5.30.120. Any notice given
for such proceeding should indicate that the result of the
proceeding may be cessation of the modified use or a con-
tinuation of the modified use with a conditional use permit.
SECTION 3.
Section 3.50.087 is added to the Zoning Ordinance of the Town of Los
Gatos to read:
SEC. 3.50.087 GROUNDS FOR DETERMINING THAT A NONCONFORMING
USE IS NO LONGER LAWFUL
After the hearing the deciding body may declare a noncon-
forming use unlawful if it finds that one or more of the follow-
ing grounds exist:
(1) That the nonconforming use is being, or has been,
exercised contrary to the terms or conditions of
the original approval; or any conditional use
permit issued under section 3.50.085; or
(2) That the nonconforming use is so exercised as to
be detrimental to the public health or safety,
or to be a nuisance; or
(3) That a person has modified a nonconforming use
without a use permit under section 3.50.085, or
has continued such modification after a permit
therefore has been denied.
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SECTION 4.
Section 3.50.088 i_s added to the Zoning Ordinance of the Town of Los
Gatos to read:
SEC. 3.50.088 REMEDIES -- CONDITIONAL USE PERMIT
In section 3.50.086 proceedings, the deciding body may
allow the modification to continue under a conditional use
permit or allow the nonconforming use to continue without a
conditional use permit if the use is restored to the previous
level. In no event shall the issuance of a conditional use
permit extend the period during which such use may lawfully
be continued.
The deciding body may impose any conditions which are
reasonably necessary to protect the neighborhood or the
general public welfare or to promote the policy of phasing
out nonconforming buildings and uses.
The effective date of the conditional use permit will be
delayed until all application fees are paid. If the fees are
not paid within the period specified by the deciding body, the
use will be deemed unlawful.
SECTION 5.
Section 5.20.230 of the Zoning Ordinance of the Town of Los Gatos is
amended to read:
SEC. 5.20.230: C ONDITIONAL USE MODIF
A use authorized by conditional use permit shall not be modified
unless a modification to the permit is approved. The following changes
in use are modifications:
(1) Any change that is an intensification of use.
(Including but not limited to: (a) additions
to seating capacity or gross floor area, (b)
increases in parking required, other than the
requirement of increases because of ordinance.
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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 than the hours
specified in the existing conditional use permit.)
(2) Any change that is a substantial departure from plans
which were the basis of the conditional use permit
approval.
SECTION 6.
Section 5.60.200 of the Zoning Ordinance of the Town of Los Gatos is
amended to read:
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(22) Determines whether a nonconforming use is no longer
lawful.
SECTION 7.
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 April 6 1981, and adopted
by the following vote as an ordinance of the Town of Los Gatos at a regular' _
meeting of the Town Council on April 20 1981.
AYES: COUNCIL MEMBERS Ruth Cannon, Thomas J. Ferrito, MarLyn J.
Rasmussen, Brent N. Ventura and Peter W. Siemens
NOES: COUNCIL MEMBERS None
ABSTAIN: COUNCIL MEMBERS None
ABSENT: COUNCIL MEMBERS None
SIGNED: LYE fJ A c
R OF THE TOWN OF LOS GATOS
ATTEST:
CLERK OF THE TOWN OF LOS O TOS
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