Ord 1674 - AMENDING CHAPTER 4.86 OF THE ZONING ORDINANCE RELATING TO PERMITTED USES IN THE LANDMARK HISTORIC PRESERVATION OVERLAY ZONE.ORDINANCE NO. 1674
AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING
CHAPTER 4.86 OF THE ZONING ORDINANCE
RELATING TO PERMITTED USES IN THE
LANDMARK HISTORIC PRESERVATION
OVERLAY ZONE.
THE TOWN COUNCIL ORDAINS:
SECTION 4.86.050 is amended to read:
SECTION I.
SEC.4.86.050: DESIGNATION BY ORDINANCE
(1) The Council may by ordinance designate:
(a) One or more individual structures or other features, or integrated
groups of structures and features on one or more lots or sites, having
a special character or special historical, architectural or aesthetic
interest or value, as landmarks, and shall designate a landmark site
for each landmark, and
(b) One or more areas containing a number of structures having special
character or special historical, architectural or aesthetic interest or
value, and constituting distinct sections of the Town, as historic
districts.
(2) Each designating ordinance shall include a description of the
characteristics of the landmark or historic district which justify its
designation, and a list of any particular features in addition to those
features which would be affected by work described in section 4.86.120 that
are to be preserved, and shall specify the location and boundaries of the
landmark site or historic district.
(3) A lot zoned LHP may only be used in the manner provided in the underlying
zone, however, the Town Council, on the basis of the evidence submitted at
the hearing, may permit an existing use not otherwise permitted in the
underlying zone to continue providing the Council makes the following
findings:
(a) The use has been legal and continues to operate in a manner that
is not detrimental to other uses in the general vicinty, and
(b) There is no history of complaints about the use, and
(c) Removal of the use to another location would effectively end the
significance of the historical designation on the property, and
(d) The use has been legally and continuously operating for at least
50 years.
The specific use and the findings to support its continuance shall be
incorporated in the designating ordinance.
(4) If the use permitted by subsection 3 above is discontinued for 180
consecutive days, the use shall not be resumed and the use of the
property shall conform with the provisions of the underlying zone:
Token use does not toll or interrupt a period of discontinuance.
(5) The property designated shall be subject to the controls and
standards contained in Chapter 4.86. In addition, the property shall
be subject to the following further controls and standards if imposed
by the designating ordinance:
(a) For a publicly -owned landmark, review of proposed changes in
major interior architectural features.
(b) For a historic district, such further controls and standards as
the Council finds necessary or desirable, including but not
limited to facade, setback and height controls.
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(6) The Council may amend or rescind a designation only by ordinance,
after Commission and Council hearings as required for original
designations.
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 meeting
of the Town Council of the Town of Los Gatos on February 3rd 1986 and adopted
by the following vote as an ordinance of the Town of Los Gatos at a regular meeting
of the Town Council on Feburary 18th 1986.
AYES: COUNCIL MEMBERS Eric D. Carlson, Thomas J. Ferrito, Brent
N. Ventura, and Mayor Terrence J. Daily
NOES: COUNCIL MEMBERS None
ABSTAIN: COUNCIL MEMBERS None
ABSENT: COUNCIL MEMBERS Joanne Benjamin
SIGNED:
MAYOR OF THE TOW OF LOS aA OS
ATTEST:
CLERK OF THE O N OF LOS G S
ZONIN:A- 85 -140RD
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