Ord 1344 - AMENDING THE ZONING ORDINANCE OF THE TOWN OF LOS GATOSORDINANCE NO. 1344
ORDINANCE AMENDING THE ZONING ORDINANCE
OF THE TOWN OF LOS GATOS
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN:
SECTION 1.
Section 2.00.145 of the Zoning Ordinance of - the Town of Los
Gatos is .repealed.
SECTION 2.
Section 2.00.157 is added to the Zoning Ordinance of the Town
of Los Gatos to read:
SEC. 2.00.157 DESTROY
Destroy includes demolish or raze, fully or partially,
any building or structure by any means including, but not
limited to fire, explosion, act of God, act of the public
enemy, voluntary act of the owner or wrongful act of
another.
SECTION 3.
Section 2.00.350 of the Zoning Ordinance of the Town of Los
Gatos is amended to read:
SEC. 2.00.350: NONCONFORMING BUILDING
A nonconforming building is a building which was lawfully
erected but under the terms of this Ordinance is too close
to a property line, too close to a street, too high, covers
too much of a lot or is of the wrong type.
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SECTION 4.
Section 2.00.352 is added to the Zoning Ordinance of the Town
of Los Gatos to read:
SEC. 2.00.352 NONCONFORMING LOT
A nonconforming lot is a lot which was lawfully created
but under the terms of this Ordinance or the Subdivision
Ordinance is too small, too narrow, too shallow or lacks
sufficient street frontage.
SECTION 5.
Section 2.00.355 of the Zoning Ordinance of the Town of Los
Gatos is amended to read:
SEC. 2.00.355 NONCONFORMING USE
A nonconforming use is an activity or occupancy which
was lawfully commenced but under the terms of this Ordinance
is not permitted or is more intensive than is permitted.
Examples of uses which are too intensive are those for which
parking spaces required by this Ordinance are not provided
or any use which is, under the terms of this Ordinance, one
of an excessive number of units of use on the same zoning
plot. This is not an exclusive listing.
SECTION 6.
Section 3.00.010 of the Zoning Ordinance of the Town of Los
Gatos is amended to read:
SEC. 3.00.010 SCOPE
The provisions of Chapters 3.10 through 3.65 apply
to all zones.
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SECTION 7.
Section 3.38.020 of the Zoning Ordinance of the Town of Los
Gatos is amended to read:
SEC. 3.38.020 RESID ZONES
In residential zones (defined by section 4.10.005) the
following signs may be erected:
Class
Land Use
of Sign
Number of Signs
Total Area
1. Multiple Family
Developments:
a. Less than
Wall
One per lot
10 units
signs
frontage
18 sq. ft.
b. 10 units or
Wall
One per lot
more
signs
frontage
24 sq. ft.
2. Authorized Non -
Residential Uses
(including re-
creational
activities,
Ground
One per
schools, churches,
signs
zoning plot
24 sq. ft.
public utilities,
lawful nonconforming
uses, etc.):
3. Neighborhood
Ground
Number and
24 sq. ft.
Identification
signs
location
Signs (only for
subject to
neighborhoods
determination
with an area 3
by the
acres or more):
Committee
SECTION 8.
Section 3.38.030 of the Zoning Ordinance of the Town of Los
Gatos is amended to read:
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SEC. 3.38.030 O FFICE, COMMERCIAL AND INDUSTRIAL ZONES
The rules for office, commercial and industrial zones
(defined by sections 4.50.010 and 4.70.010) are specified
in this section, by number in the following list, table
and the footnotes. Rules 1 through 3 govern the calculation
of the area of attached signs for each entity. Rules 3
through 9 govern the calculation of the total area of all
signs for each zoning plot. The numbered rules apply only
where the table so indicates.
Attached signs may be erected on any wall of the
building, however, the area of a sign on a wall that is not
a business frontage may not exceed 25% of the sign area
generated by the primary business frontage. In addition,
signs cannot be erected on a nonbusiness frontage wall if
the zoning plot is contiguous to a residential zoning district
and if the wall faces that district.
(1) Sign area is generated in the ratio of one square
foot for each lineal foot of primary business
frontage plus one square foot for each lineal foot
of secondary business frontage provided that the sign
area generated by each secondary business frontage
cannot exceed 50% of the sign area generated by the
primary business frontage.
(2) Sign area is generated in the ratio of one square
foot for each lineal foot of primary business frontage
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plus one -half square foot for each lineal foot of
secondary business frontage.
(3) The area of signs suspended from marquees is not
restricted by any rule limiting total sign area.
(4) The total area of all signs on a zoning plot shall not
exceed one square foot of sign area for each lineal
foot of lot frontage.
(5) The total area of all signs on a zoning plot shall
not exceed the total area predicated by all of the
business frontage.
(6) For shopping centers the area of a ground sign is
not restricted by any rule limiting total sign area
on the zoning plot.
(7) For shopping centers the area of a freestanding sign
is not restricted by any rule limiting total sign area
on the zoning plot.
(8) The area of time and temperature signs is not restricted
by any rule limiting total sign area.
(9) The area of any attraction board shall be included in
the calculation of the area of signs of the same class
and in the calculation of the total area of signs on a
parcel.
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SECTION 9.
Chapter 3.50 of the Zoning Ordinance of the Town of Los Gatos
is repealed.
SECTION 10.
Chapter 3.50 is added to the Zoning Ordinance of the Town of
Los Gatos to read:
CHAPTER 3.50
NONCONFORMING BUILDINGS, LOTS AND USES
SEC. 3.50.010 SCOPE
This Chapter 3.50 regulates nonconforming buildings,
lots and uses other than nonconforming signs, which are
regulated by Chapter 3.39.
SEC. 3.50.020 NONCONFORMING STATUS
Nonconforming status begins only because of:
(1) Annexation of territory to the Town,
(2) Amendment to this Ordinance, a previous Zoning
Ordinance of the Town or the Subdivision Ordinance,
(3) Rezoning.
A use or a building which was lawfully begun (or in the
case of a building, lawfully erected) but which lacks a
conditional use permit currently required by this Ordinance
is nonconforming and subject to the rules of this Chapter.
SEC. 3.50.030° UN LAWFUL BUILDINGS, LOTS AND USES
If a building, lot or use does not conform to the
requirements of this Ordinance or any other ordinance of the
Town, and is not nonconforming as defined by this Ordinance,
it is unlawful and a nuisance.
SEC. 3.50.040
CESSATION OF NONCONFORMING USES
If a nonconforming use does not involve occupancy of a
building and is discontinued for 30 consecutive days the use
shall not be resumed. If a nonconforming use involves occupancy
of a building and is discontinued for 180 consecutive days the
use shall not be resumed, except as provided in section
3.50.080. Token use does not toll or interrupt a period of
discontinuance.
SEC. 3.50.050
DURATION OF NONCONFORMING USE STATUS
This section 3.50.050 regulates the duration of non-
conforming uses. (Nonconforming buildings are regulated by
section 3.50.060.) A nonconforming use must cease at the end
of the applicable period. The duration of all nonconforming
uses is:
(1) Nonconforming residential, school, and church uses
are authorized to continue interminably.
(2) A junk yard must cease 90 days from the date it
becomes nonconforming.
(3) Where there are improvements on land, but of a type
for which no building permit would currently be
required, the nonconforming use must cease three
years from the date the use becomes nonconforming.
(4) Where the land is improved with one or more structures
of a type for which a building permit would currently
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be required and the structure(s) are utilized in
connection with the nonconforming use, the authorized
period of duration of the nonconforming use is 20
years from March 23, 1966 or 20 years from the date
the use became nonconforming, whichever is later.
If any period of authorized duration is held by a court
to be too short and therefore unconstitutional on its face
or as applied, the period of duration shall be extended to
such time as the court determines is lawful.
SEC. 3.50.060: DURATION OF NONCONFORMING BUILDING STATUS
A nonconforming office, commercial or industrial building
located in a residential zone must, by demolition, removal
or alteration be made to conform with the rules of the zone
when the building is older than shown on the following
schedule:
(1) U.B.C. Type 4 or 5 buildings: 25 years
(2) U.B.C. Type 2 or 3 buildings: 40 years
(3) U.B.C. Type 1 buildings: 50 years
When any of the foregoing time periods have elapsed,
the building in question no longer has status as a non-
conforming building. However, when a nonconforming building
houses a nonconforming use the building need not be made to
conform until the nonconforming use ceases as provided in
section 3.50.040, or expires as provided in section 3.50.050,
whichever happens first.
SEC. 3.50.070 RECORD OF NONCONFORMING USES AND BUILDINGS
The Planning Director shall maintain a list of all
nonconforming uses required to cease by the provisions of
section 3.50.050 and all nonconforming buildings required to
be made to conform by section 3.50.060. The list shall state
the nature of the nonconformity, the date and reason it
became nonconforming, and the date the use must cease or
the building must be made to conform.
SEC. 3.50.080 CHANGING USE OF A NONCONFORMING BUILDING
A conditional use permit is required whenever the
activity in a building which is nonconforming as to type is
changed regardless of whether the activity is otherwise proper
under this Ordinance. 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 shall be imposed. If the new activity
would not be allowed under the rules of the zone a conditional
use permit cannot be issued unless the requirements of section
3.50.090 are fulfilled.
SEC. 3.50.090 USE OF NONCONFORMING BUILDINGS
If the owner of a nonconforming building proves in a
section 3.50.080 proceeding that the building is suited, even
with reasonable modification, only to house activity which is
not allowed in the zone, the building may be used to house
activity which is not allowed in the zone if the proposed
'gym
activity is clearly more consistent with the activities allowed
in the zone than the most recent lawful activity in the
building. If the owner of a nonconforming building proves in
a section 3.50.080 proceeding that the building is suited,
even with reasonable modification, to house activity which is
identical to the most recent lawful activity in the building
and no activity which is more consistent with the activities
allowed in the zone, the building may be used to house activity
substantially identical to the most recent lawful activity'
in the building. In no event may the building be used to
house activity which is less consistent with the activities
allowed in the zone than the most recent lawful activity in
the building.
SEC. 3.50.100 FINDINGS
The general availability of users for the building may
be considered in determining what uses a building is suited
for, but the fact of a scarcity of buyers or tenants or the
capabilities or intentions of the owner or specific occupant
or proposed occupant do not by themselves justify a finding
that a building is only suited to house an activity which
is not allowed in the zone.
SEC. 3.50.110 EXPANSION OF NONCONFORMING BUILDING
This section 3.50.110 regulates the expansion of
nonconforming buildings.
(1) The expansion of nonconforming commercial or industrial
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buildings located in residential zones (section
4.05.010) is prohibited.
(2) The expansion of nonconforming multiple family
dwellings in the RC, HR, R -1, or R -D zones is
prohibited.
(3) The expansion of nonconforming industrial buildings
in an office or commercial zone (section 4.50.010)
is prohibited.
(4) Nonconforming one or two family dwellings in any
zone may be expanded with the approval of the
Planning Director.
(5) Architecture and Site Approval is required for the
expansion of any nonconforming building except as
provided in ( 4 ) above.
SEC. 3.50.115: RULES GOVERNING THE EXPANSION OF NONCONFORMING
BUIL DINGS
When expansion is allowed by section 3.50.110, the
following rules apply:
(1) When a building is too close to a property line or
a street, an expansion may not be nearer to a property
line than the existing wall of a building is to that
property line. The projections listed in section
4.10.100(2) except chimneys and bay windows may
project beyond the wall of the expanded portion subject
to the rules of section 4.10.100(2).
(2) When a building is too high, the expansion must be
within the current height limitations.
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(3) When a building covers too much land no expansion
is allowed which would increase the coverage.
However, second floor additions are allowed as long
as the area of the second floor does not exceed the
area allowed to be covered by the rules of the zone.
(4) Approval can be denied if the expansion would in any
way cause a safety problem or be detrimental to
the public welfare.
(5) The expansion must take place either on the zoning
plot as it existed on the date the building became
nonconforming or on the existing zoning plot,
whichever is smaller.
(6) The expansion must not impede the orderly development
or redevelopment of neighboring property in a manner
which will conform to both the General Plan and the
current zoning.
(7) The expansion must not in any way increase the burden
which the nonconforming building imposes on the
neighborhood.
(8) Approval of the expansion may. not be inconsistent
with the general policy of phasing out nonconforming
WRV -�
SEC. 3.50.120: WORK ON BUILDINGS
Except as provided in section 3.50.110, no nonconforming
building subject to the provisions of section 3.50.060 shall
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be enlarged, extended, reconstructed or structurally altered,
unless such building is altered to comply with the regulations
of the zone where it is located. Work involving ordinary
structural alterations or replacements of walls, fixtures or
plumbing shall be authorized on such buildings when the cost
of the work in any 12 month period does not exceed 50 per cent
of the building's value. Value is the estimated cost to replace
the building in kind, and is determined by the Building Official.
The provisions of this section do not forbid the rebuilding or
restoration of a destroyed nonconforming building when
authorized by the provisions of section 3.50.130.
SEC. 3.50.130 REBUILDING NONCONFORMING BUILDINGS
If a nonconforming single or two family dwelling, school
or church located in any zone is destroyed, it may be rebuilt
on the same foundation in substantially the same manner as
it existed before its destruction.
If a nonconforming multiple family dwelling located in
an R -lM, R -M, or any office, commercial or industrial zone
(sections 4.50.010 and 4.70.010) is destroyed, it may be
rebuilt on the same foundation, with the same number of units,
in substantially the same manner as it existed before its
destruction.
If any other nonconforming building is destroyed to - the
extent of more than 50 per cent of its value, then, without
further action by the Town, said building and the land on
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which said building was located shall from and after the date
of said destruction be subject to the regulations specified
by ordinance for the zone where such land and building are
located. Value is determined by the Building Official.
SEC 3.50.140 NONCONFORMING LOTS
The following provisions apply to nonconforming lots:
(1) If the lot is in a residential zone, a single family
dwelling may be erected if Architecture and Site
Approval is obtained.
(2) If the lot is in other than a residential zone, it
may be used for any purpose allowed in the zone.
(3) Any rule of the zone including front, side and rear
yard requirements may be modified by the terms of
the Architecture and Site Approval so that the
building and its use will be compatible with the
neighborhood.
SECTION 11.
Section 4.05.010 is added to the Zoning Ordinance of the
Town of Los Gatos to read:
SEC. 4.05.010 RESIDENTIAL ZONES
Residential zones are the RC, HR, R-1, R -1M, RD
and R -M zones.
MXA_
SECTION 12 .
Chap 4.20 of the Zoning Ordinance of the Town of Los Gatos
is repealed.
SECTION 13.
Section 4.40.005 is added to the Zoning Ordinance of the Town
of Los Gatos to read:
SEC. 4.40. NONRESIDENT ZONES
Nonresidential zones are those other than the zones
listed as residential zones in section 4.05.010 and
overlay zones as listed in section 4.80.010.
SECTION 14.
Section 4.40.010 of the Zoning Ordinance of the Town of Los
Gatos is amended to read:
SEC. 4.40 .010: USE OF DWELLINGS
In office, commercial and industrial zones (sections
4.50.010 and 4.70.010) no building, or portion of any
building, designed or intended to be used for, or which
has been used for dwelling purposes shall be used for any
nonresidential use unless Architecture and Site Approval is
obtained. The reviewing body shall consider, but is not
limited to, the following rules in determining applications
for such approval:
(1) The standards specified for Architecture and
Site Approval.
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(2) Whether the building will be either rehabilitated
in a manner consistent with its original character,
or modified to be architecturally compatible with
contemporary commercial or industrial structures
in the vicinity.
(3) Whether there will be appropriate use of existing
plants and other landscaping.
SECTION 15.
The first sentence of section 4.40.070 of the Zoning Ordinance
of the Town of Los Gatos is amended to read:
SEC. 4.40.070: PERFORMANCE STANDARDS
The following performance standards apply in the
CM zones
SECTION 16.
Section 4.50.010 of the Zoning Ordinance of the Town of Los
Gatos is amended to read:
SEC. 4.50.010 SCOPE
Office and commercial zones are the 0, C -1, C -2, CC
and CH zones.
SECTION 17.
Section 4.70.010 of the Zoning Ordinance of the Town of Los
Gatos is amended to read:
SEC. 4.70.010 SCOPE
Industrial zones are the LM and CM zones.
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SECTION 18.
Section 4.80.010 of the Zoning ordinance of the Town of Los
Gatos is amended to read:
SEC. 4.80.010 SCOPE
Overlay zones are the PD, R (Rehabilitation) and LHP
zones. The zone with which an overlay zone is combined
is called the underlying zone.
SECTION 19.
Subparagraph (17); is added to section 5.60.010 of the Zoning
Ordinance of the Town of Los Gatos to read:
(17) Keeps lists of nonconforming uses and buildings.
SECTION 20.
Subparagraph (6) of section 5.60.100 of the Zoning Ordinance
of the Town of Los Gatos is repealed.
SECTION 21.
Subparagraph (5) of section 5.60.200 of the Zoning Ordinance
of the Town of Los Gatos is repealed.
SECTION 22.
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 January 3 , 19 77
and adopted by the following vote as an ordinance of the Town of Los
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Gatos at a regular meeting of the Town Council on January 17th
19 77 .
AYES: COUNCIL MEMBERS M ark B. DiDuca, Mardi Gualtieri,
John B. Lochner, Albert B. Smith and Ruth Cannon
NOES a COUNCIL MEMBERS None
ABSTAIN: COUNCIL MEMBERS None
ABSENT: COUNCIL MEMBERS None
SIGNED: �-
MAYOR OF THE TOWN OF LOS GATOS
ATTEST:
CLERK Q I TH " TOW /` OF LGt GATOS
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