Ordinance 1174 - AMENDING THE ZONING ORDINANCE CONCERNING NONCONFORMING USESORDINANCE NO. 11
ORDINANCE AMENDING THE ZONING ORDINANCE
CONCERNING NONCONFORMING USES.
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN:
SECTION 1.
Section 28.8 of the Zoning Ordinance of the Town of Los
Gatos is amended to read:
SEC. 28.8: CESSATION OF NONCONFORMING USES
If a nonconforming use of land. does not involve
occupancy of a building, and. is discontinued for a
continuous period of 30 days, the use shall not be
resumed. If a nonconforming use of a building is
discontinued for a continuous period of 6 months
the use shall not be resumed.. No token use shall
toll or interrupt a period of discontinuance.
SECTION 2.
Section 28.9 of the Zoning Ordinance of the Town of Los
Gatos is amended to read:
SEC. 28.9 CHANGES ENLARGEMENTS AND EXPANSIONS
OF NONCONFORMING USES
Neither a nonconforming use nor the structure or
other physical facility housing or employed. by a
nonconforming use shall be augmented. except as provided
in this section.
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The physical facilities, including, but not limited
to buildings, associated with a nonconforming use may be
augmented when approval has been granted by the Architecture
and Site Committee. The Committee may grant such approval
only when, after a hearing held in the manner required
for variances, it makes findings based on the evidence
that the augmentation:
a. Will take place either on the zoning plot as it
existed on the date the use became nonconforming or on
the zoning plot that exists at the time of the hearing,
whichever is smaller,
b. Will not impede the orderly development or re-
development of neighboring property in a manner which will
conform to both the General Plan and. the currently applicable
zoning ordinance,
c. Will not in any way increase the burden which the
nonconforming use imposes on the neighborhood, and
d.. Will not be inconsistent with the general policy
of phasing out nonconforming uses,
e. Or, as an alternative to subparts b. , c. and d.. ,
but not a., the requested change is required. by law.
In no event shall augmentation of a nonconforming use
extend the period during which such use may lawfully be
continued..
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This ordinance shall take effect and shall be in force 30
days after the date of its adoption. The Town Clerk of the Town of
Los Gatos shall cause this ordinance to be published, once within 15
days after its adoption, in the Los Gatos Times- Saratoga Observer,
a newspaper of general circulation, published and. circulated in the
Town of Los Gatos.
The above and foregoing ordinance was duly and, regularly introduced
at a regular meeting of the Town Council of the Town of Los Gatos
held on the 12th, day of August 1974.
PASSED AND ADOPTED as an ordinance of the Town of Los Gatos,
California, at a regular meeting of the Town Council, held on the
3rd _„ day of September , 1974, by the following vote
AYES: COUNCILMEN Rutb gannon
Mark B. DiDuca
1 e t D. 5LnIth
h ochne
NOES: COUNCILMEN None
ABSENT- COUNCILMEN Eon Jensen
SIGNED: MAYY4 OF THE TOWN OF LOS GATOS
ATTEST: �;Ft �^
CLERK, F THE TOWN �� LOS, ATOS
G
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