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Ord 1316 - ADOPTING A REVISED ZONING ORDINANCE OF THE TOWN OF LOS GATOS AND MODIFYING THE CODE OF THE TOWN OF LOS GATOS, CONCERNING SWIMMING POOLS, CONSISTENT THEREWITHOnDINANCIE NO, OW
A -D ' ZON
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o. or T1111111; mozsGY mz
AND MODIMING ME CODE OF THE c
OF LOS CA CONCERNING SW :MM IMC
POOLS, CONSISTENT THEREWITE
THE T011rN COUNCIL OF THE TOWN OF LOS CATOS DOES ORDAIN AS
FOLLOWS:
SECTION i.
The Zoning OrYnance of the To of Loo Gatos in s0opted
V readt
ARTICLE 1: APPLICATION AND INTENT
Chapter 1.00
Application and Intent
SEC. 1.00.010: REFERENCE
This Ordinance is cited as the Zoning Ordinance of the Town
of Los Gatos, and in this Ordinance, as the Zoning Ordinance.
SEC. 1.00.020: ZONING MUAP
The Zoning Map of the Town is a part of this Ordinance, as
is each amendment or revision of the Zoning Map hereafter
adopted by ordinance.
SEC. 1.00.030: SAVINGS CLAUSE
No amendment or revision, of the Zoning Ordinance nor any
change of zone of land, which amendment, revision or chance
retains the substance of a regulation shall, as to the retained
regulation, operate to stop the running of any limiting period of
time, transform any unlawful use into a lawful use or cause any
action to be barred or abated.
SEC. 1.00.040: INTENT
The Zoning Ordinance is adopted to promote and protect the
public health, safety, peace, morals, comfort, convenience and
general welfare of the Town and its inhabitants, and particularly:
(1) To provide a guide for the development of the Town to
preserve its character of a low density residential
community with those attributes of a balanced land use
program consisting of residential, commercial, industrial
and recreational areas so located and controlled to
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promote stability of land use both existing and proposed.
(2) To protect the social and economic stability of the
Town.
(3) To promote a safe, effective traffic circulation system,
and to provide adequate off - street parking.
(4) To facilitate orderly industrial and commercial
development.
(5) To preserve the natural beauty of the Town.
(6) To assure the orderly and beneficial development of
all areas of the Town.
SEC_1 00.050: APPLICATION
All of the provisions of this Ordinance shall apply to all
property within the incorporated territory of the Town, whether
owned by private persons, firms, or corporations, or by the
federal, state, or local government (including public schools and
special districts), or any agency thereof.
SEC. 1.00.OW: LAND USE
No land shall be used, and no building or structure shall be
erected, enlarged, altered, moved, or used in any zone, as zones
are shown on the Zoning Map, exceDt in accordance with the terms
of this Ordinance.
SEC .11`00.070: USES PROHIBITED
All uses not expressly permitted in any zone are prohibited
in that zone.
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ARTICLE 2: DEFINITIONS
Chapter 2.00
Definitions
SEC. 2.00.010: SCOPE
For the purposes of the Zoning Ordnance, certain words
and phrases are defined as follows:
S°C__2.00.015: ACCESS WAY
A portion of a parcel of land which, because of its size
and shape and its relationship to the street and balance of the
property, is suitable only for pedestrian or vehicular access
to the balance of the property.
SEC. 2.00.020: ACCESSORY BUILDING OR STRUCTURE
A subordinate building or structure, attached or unattached,
on the same lot or building site, the use of which is incidental
to that of the main structure or building and which is used
exclusively by the occupants or owners of the main structure or
building.
SEC. 2.00.025: ADJACENT
Nearby or close to, but not necessarily abutting,.
SEC. 2.00.030: ACRIC,UITU'E
The tilling of the soil, the raising of crops, horticulture,
viticulture, small livestock farming, dairying or animal husbandry,
including all uses customarily incidental thereto, but not
including slaughter houses, fertilizer yards, bone yards, or
plants for the reduction of animal matte or any other industrial
use which is similarly objectionable because of noise, odor, smoke
dust or fumes.
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SEC. 2.00.035: AIRPORT
Any area of land, water, building or structure used for the
landing and taking off of aircraft such as, but not limited to,
propeller, rocket, jet- driven aircraft and helicopters.
SEC. 2.,00.040: ALTER
To change, modify, or add to in construction, or to change in
size, shape, character, occupancy, or use, a building or structure.
SEC. _2 .00.045: dii1T l., HUSBANDRY
The raising of horses and cattle. Animal husbandry shall net
include hog farming or dairying.
SEC_ _2.00.050: APARTMENT
See Dwelling, Multiple.
SEC. 1-00 i55: AU'1;")P- ".0BILE
Any self-propelled vehicle capable of oncratlon on any
highway, street, road, alley or land.
_SEC . 2.00_060: AUTOM BILE ,WRECKQG
See Junk Yard.
SEC_2_00.065: BASEMENT
That portion of a building between floor and ceiling which
is partly below and partly above grade; but so located that the
vertical distance from grade to :`Boor below is less than the
vertical distance from grade to ceiling.
S sC_2._00_0 ?0: OAk')iNG i:OUS_y ".
Any building used for the renting of rooms or providing of
table board for from three to .ivy; persons, inclusive, over the
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age of 16 years, who are not related by blood or marriage to
the resident - operator thereof.
SEC. 2.00.075: BREEZEWAY
A roofed passageway, designed and used only to connect two
or more otherwise separate buildings and permanently open along
at least 50 per cent of its perimeter.
SEC. 2.00.080: BUILDING
Any structure having a roof supported by columns or walls
and intended for shelter, housing or enclosure of any person, animal
or chattel. When any portion thereof is completely separated from
every other portion thereof by a masonry division of fire wall
without any window, door or other opening therein, ovhich wall-
extends from the ground to the upper surface of the roof at every
point, then each such portion shall be deemed to be a separate
building.
SEC. 2.00.085: BUILDING, ABUTTING
Buildings with a common wall.
SEC. 2.00.090: BUILDING, MAIN
A building within which is conducted the principal or main
use on a lot or parcel; where a permissible use involves more
than one structure designed or used for the primary purpose, as
in the case of group houses, each such permissible building on
the parcel,-as defined in this ordinance, shall be construed as
constituting a main or principal building. .
-.5-
SEC. 2.00.095: BUSINESS OR COMMERCE
The purchase, sale or other transaction involving the
handling or disposition (other than is included in the term
industry, as defined herein) of any article, substance or commodity
for profit or livelihood, including, in addition, office buildings,
offices, shops for the sale of personal services, and the like,
but not including junk yards.
SEC. 2000.100: CARPORT
An open -sided roofed, automobile shelter., usually formed by
extension of the roof from the side of a building.
SEC. 2.00.105: CELLAR
That por.tion of a building between floor and ceiling which
is wholly or partly below grade, and so located that the vertical
distance from grade to the floor below is equal to or greater
than the vertical Ostanc e from grade to ceiling.
SEC. 2.00.110: CHURCH
A building designed for, or used principally for, religious
worship or religious services.
SEC. 2.00.115: CLINIC
A place for group medical or dental services or practice not
involving overnight housing of patients-
SEC.-2.00.120: CLUB, PRIVATE
An association of persons for some common nonprofit purpose,
but not including groups organized primarily to render a service
carried on as a business for profit.
SEC. 2.00.125: COMMISSION
The words Commission and Planning Commission are inter-
changeable, and mean the Planning Commission of the Town.
SEC. 2.00.130: COMMITTEE
The words Committee and Architecture and Site Committee are
interchangeable, and mean the Architecture and Site Committee of
the Town.
SEC._2.00.135: CONZDI_TIONAL USE PERMIT
An authorization allowing a particular use at a specified
location, subject to conditions set forth in the authorization
and in the Zoning Ordinance.
SE_ . _ 2.00.140: CONDOMINIU, ^.-ti RESIDENT12'1L
A residential development which either contains condominiums
as defined in Section 783 of the California Civil Code or is a
community apartment complex as defined in Section 11004 of the
California Business and Professions Code.
SEC. 2.00.145: CONFORMING BUILDING OR STRUCTURE
A building or structure which complies with all the regulations
of this Ordinance, or of any amendment thereto, governing the
zone in which said building or structure is located, or is
designed or intended "or a conforming use.
SEC. 2.00. 150: Cr- INVALESCENT, NURSING AtiD REST HOME
A home for aged, chronically ill, or incurable persons in
which two or more persons not of the immediate family are
received, kept, or provided with food and shelter or care for
compensation, but not including hospitals, clinics or similar
institutions devoted primarily to the diagnosis and treatment of
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disease or injury, maternity cases, or mental fill -ness.
SEC. 2.00.155: COURT
(1) An open area, other than a yard, that is on the same
lot with, and bounded on three or more sides by, a
building. The width of any court is its least horizontal
dimension measured between opposite walls. The depth
of anv court is its greatest_ horizontal dimension
measured at right angles to its v:idth.
(2) A court that opens for its required width on one Cf the
following yards 1_oCated on the s&me. Zoning lot. front
or rear vard at least 20 fee'_ in dept_; side yard on
the Street si. de of a corner i.ot; or a si(!`, Va"7'C! at
least 20 feet in width. Arty court; other than an outer
court is an inner_ court.
SEC. 2.00.150; DIi£C. 0JR OF PLC i -rNG PLFR741rG, D F",1"! 0 (rO-:
The terms Director of .Planning or Planning Director irtean
the Town Planning Director, the position established under the
provisions of Article III of Chapter 2 cf the Los Gatos Town
Code, or his authorized repre.sentat:i_ve.
SEC. 2.00.165• IY) G KE'r[NEi
A place where more than two dog ". ov°r t_he age of fou-
months are kept.
SEC. -- 2.00.170.: DWt LLINIG,- -'ING E 1'- I \NJ-[T,Y
A detached building containing iJ_0: crte kitchen, and desig c -d
and Used to house not more the -ili one family, in-cluding dorCiestic
employees of such family.
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SEC. 2.00.175: DWELLING, TWO FAMILY
A detached building designed for, or occupied exclusively
by, two families living independently of each other.
SEC. 2.00.180: DWELLING, MULTIPLE
A building or portion thereof used or designed as a residence
for three or more families living independently of each other,
including apartment houses, apartment hotels and flats, but not
including auto courts. An apartment hotel is a building or
portion thereof used or designed as a residence for three or more
families living independently of each other in which food or meals
are regularly provided to the tenants or some of them, and in
which housekeeping or maid service is routinely provided to the
tenants or some of them.
SECC. 2 _00.185: DWELL-11,G GGROUP
On one lot, groups of more than one of such main buildings
as are permitted by the regulations of the zone.
SEC. 2.00.190: DWELLING UNIT
A building or portion thereof i- ntended for occupancy or
occupied by one family exclusively, and containing but one kitchen.
SEC, 2,00.195: ERECT
Erect includes build, construct, install, assemble, improve,
alter, reconstruct, restore, or renovate, any building structure,
improvement, .facility, or any part or portion thereof or
foundation thereof, or appurtenances thereto, whether or not
such building, structure, improvement or facility is completed,
or to work upon, or in any way assist in such erection.
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SEC_. 2.00.200: FAMILY
One or more persons related by blood or marriage, a a
group of not more than five persons, not including servants,'
who need not be related by blood or marriage, living as a single
housekeeping unit.
SEC. 2000.205 FAMILY DAY CARE HOME
Family home, non- institutional in character, which provides
day care, Less than 24 hours, with or without compensation, for
children under 16 years of age who are unrelated to the licensee.
SEC. 2.00.210: FLOOR AREA, GROSS
Gross floor area shall mean the entire square footage of any
and all floors, including easements of any and all buildings or
structures, including exterior wars and to the centerline of any
party walls.
SEC. 2.00M5: POSTER HONES, GROUP
Any building used to provide residential care for not more
than 15 persons in need of temporary removal from stressful home
situations, or from homes to which such persons cannot at the
time return, and who do not need a closed institutional setting.
SEC. 2.00.220; G=ARAGE
An accessory structure or any par.'t. 010yeOf used Ivor the
storage of motor vehicles.
SEC. '1.00.225: GAF.AGI _Ris`PAD,
A structure, or any part thereof, used for the cormiercial
repair or painting of automobiles.
-10 -.
SEC. 2.00.230: GARAGE, STORAGE
A structure, or any part thereof, used for the commercial
storage, parking or servicing of motor vehicles, but not the
repair thereof.
SEC. 2.00.235: GRADE (GROUND LEVEL
The average of the finished ground level at the center of
all walls of a building. In case walls are parallel to and
within five feet of a sidewalk, the above ground level shall be
measured at the sidewalk.
SEC. 2.00.240: HEIGHT OF BUILDING
Height of building shall be measured vertically from the
grade to the highest point of the coping of a flat roof (slope
1 in 12 or less), or to the deck line of a mansard roof, or to
the average height of the highest gable of a pitched or hip roof.
SEC. 2.00.245: HIGHWAY, MAJOR
Any highway, street or -road so designated on the General Plan.
SEC. 2.00.250: HIGHWAY, SECONDARY
Shall be the same as Major Highway except for width and design
standards.
SEC. 2.00.255: HOME OCCUPATION
The use of a dwellina unit for a nonresidential purpose,
but in a limited manner both subordinate to the residential use
and not discernible from the exterior of the dwelling unit so used.
SEC. 2.00.250: HOSPITAL, COMFUNITY
A public or private institution designed and operated to
provide a full range of diagnostic, surgical and therapeutic
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treatment to the sick or injured, as well as short term
recuperative residency for patients. "Community hospital" shall
not include convalescent, nursing or rest homes as defined in
section 2.00.150 or other institutions specializing solely in
the treatment or cure of specialized i.11nesses or disorders.
SEC. 2.00.265: HOTEL
A building in which there are six or more guest rooms where
lodging, with or without meals, is provided for compensation and
where no provision is made for cooking in any individual room
or suite.
SEC. 2.00.270: =11, YARD
A junk yard is any open space where waste or scrap materials
are bought, sold, exchanged, stored, baled, packed, disassembled,
or handled, including, but not 1ii11teC to, scrap iron and other
metals, paper, rags, rubber tires, old building materials, old
plumbing fixtures, bottles and the like. A junk yard includes
automobile wrecking yard, the disassemb ling of automobiles in
any open area, but does not include uses established within entirely
enclosed buildings.
SEC. 2.00.275: LYD, ABUTTING
Parcels of land having a common property line.
SEC. 2.00.280: LANDSCAPE AREA
Land set aside exclusively for shrubs, flowers, trees, grass
or other plants for aesthetic effect so as to enhance the natural
beauty of any given area where landscaping is required.
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SEC. 2.00.285: LIVESTOCK FARMING, SMALL
The raising or keeping of more than four chickens, hens,
pigeons or a similar fowl or four
or any ducks, geese, guinea fowl,
similar livestock, or the raising
purposes of any cats or dogs, but
or dairying.
SEC. 2.00.290: LOADING AREA, OFF.
rabbits or similar animals,
peafowl, goats, sheep or
or keeping for commercial
shall not include hog farming
- STREET
A space or berth on the same lot with a building, or
contiguous to a group of buildings, for the temporary parking of
commercial vehicles while loading or unloading merchandise or
materials, and which abuts upon a street or alley or other
appropriate means of access.
SEC. 2.00.295: LOT
1 of real A parcel_ property shown on, or defined by, a
plat, deed, or parcel map recorded in the office of the
Santa Clara County Recorder, or any division of land
approved by the Commission.
(2) A parcel of land, the dimensions or boundaries of which
are defined by a parcel map recorded Pursuant to the
provisions of the Subdivision Plop Act of the State of
California in the office of the Santa Clara County
Recorder.
(3) A site.
13«
SEC. 2.00.300: .LOT AREA
The total horizontal area included within lot lines, except
as otherwise provided in this Ordinance, and excluding land
required for public dedication.
SEC. 2.00.305: LOT, CORNER
A lot situated at the intersection of two or more streets,
or bounded on two or more abutting sides by street lines.
SEC. 2.00.310: LOT CORRIDOR
A site with access to a street by means of a corridor having
not less than 20 feet of frontage and a width not less than that
required for the site, but not less than 20 feet. The area of
said corrido_ shall not be included in determining the area.
Not rx:re -than one lot shall. be served by one corridor.
2,00_,7 LO; DE
The horizontal distance between the front and rear proper,---,r
lines of a lot measured from a point midway between the side
property lines.
SEC. 2.00.320: LOT FRONTAGE
The property line of a lot abutting on a street, which
affords access to a lot other than the side line of a corner lot.
on a corner lot either property line on a street may be determined
to be the frontage.
SEC_2.00.325: LOT, INTERIOR
A lot other than a corner lot.
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SEC. 2.00.330: LOT, KEY
The first interior lot to the rear of a reversed corner lot.
SEC. 2.00.335: LOT, REVERSED CORNER
A corner lot, the side line of which is substantially a
continuation of the front property line of the first lot to its rear.
SEC. 2,00.340: LOT WIDTH
The horizontal distance between the side lot lines measured at
right angles to the lot depth at a point midway between the front
and rear property lines.
SEC. 2.00.345: MOTEL
A building or group of buildings containing individual
sleeping or living units, designed for or used temporarily by
either automobile tourists or tra.nsionts, with garage attached or
parking space conveniently located to each unit, including auco
courts, tourist courts, or motor lodges.
SEC. 2.00.350: NONCONFORMING BUILDING GR STRUCTURE
A building or structure which does not comply with the
regulations for the zone in which it is situated.
SEC. 2.00.355: NONCONFORMING USE
A building or land occupied by a use that does not conform to
the regulations for the zone in which it is situated.
SEC. 2.00.360: NURSERY SCHOOL
A school for pre - elementary school age children which provides
controlled activities and instruction.
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SEC. 2.00.365: OCCUPANCY
The purpose for which a building is used, or is intended to
be used. The tern shall also include the building or room
housing such use. Change of occupancy is not intended to include
change of tenants or proprietors.
SEC. 2.00.370: ONE OWNERSHIP
The ownership of property, or the possession thereof, under
a contract of purchase, or under a lease, the term of which is
not less than ten years, by a person or persons, individually,
jointly, in common, or in any other manner whereby such property
is under single, or unified control.
Owner shall be deemed to mean the person, exercising one
ownership as herein defined.
SEC. 2.00.375: OPEN SPACE
An area of land open and unobstructed from the ground to the
sky. Private open space, such as may be required for residential
condominiums or similar development, may have balconies and roof
eaves extending over a portion of the required private open space.
SEC. 2.00.380: ORDINANCE
The terms ordinance or this Ordinance, unless the context
indicates otherwise, mean Ordinance No. /, cited as "The
Zoning Ordinance of the Town of :,os Gatos" and any ordinances
amending Ordinance No. including ordinances changing
the zone of land.
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SEC. 2.00.385: PARKING AREA, OFF - STREET
A site or portion of a site devoted to the off- street
parking of motor vehicles, including parking spaces, aisles, access
drives, walks and landscaped areas.
SEC. 2.00.390: PATIO COVER
The roof structure covering an outdoor area either attached
or unattached to a main or accessory building and open on at
least two sides.
SEC. 2.00.395: PERSON
Person means any individual, firm, partnership, joint venture,
association, soc.-ial club, fraternal organization, joint stock
company, corporation, estate, trust_, business trust, 'receiver,
trustee, syndicate, or any other group or combination acting as
a unit.
SEC. 2.00.400: RECREATIONAL OPEN SPACE
Any area of land set aside for recreational purposes, both
active and passive, and intended, but not limited to, a park -like
atmosphere.
SEC. 2.00.405: RESTATJRANT, DRIVE -IN
An establishment where food and /or nonalcoholic beverages
are prepared for consumption and sold at retail, which is designed
and operated for the consumption by patrons thereof in automobiles
parked on the premises and at locations off of the premises.
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SEC. 2.00.410: RESTAURANT ON -SALE
An establishment designed and used for the preparation, sale
to and consumption by patrons of food and beverages exclusively
within the same enclosed building. An establishment is designed
as an on -sale restaurant when there are no food service openings
to the exterior, the interior eating area is of such size, in
such location and is so furnished as to provide sufficient
convenient space for consumption within the building by patrons,
and when the planned building elevations, site area, on -site
vehicular and pedestrian circulation pattern, landscaping and
sign design and content are such as to attract patrons who desire
to consume the food within the building on the premises and not
those who desire to eat in their cars or transport the food to
another location prior to consumption.
SEC. 2.00.415: SCHOOLS
All schools or institutions, whether public or private, and
whether or not organized for profit, which give a course of
study as defined or determined by divisions of the Education Code
of the State of California.
SEC. 2.00.420: SENIOR CITIZEN
Any person 60 years of age or older, or married couples
living together when at least one spouse is 60 years of age or older.
SEC. 2.00.425: SERVICE STATION
A place to service vehicles limited to the selling of
petroleum products, tires, batteries and accessories, servicing of
automobiles, including m
auto body, fender, major
display of goods, except
repairs of any kind.
SEC. 2.00.430: SHOPPING
A development which
Won automotive repair, but excluding
engine repair or rebuilding, outside
for petroleum products, and outside
CENTER
consists of not less than 30,000 square
feet of enclosed floor area on a site not less than two acres
in size the ownership of which is either vested in a single person
or entity or in several persons or entities, the interest of each
being one which is undivided in the whole, and which integrates
as a part of the total development several retail stores and food
or beverage sales, motel accommodations, or business or professional
Offices operatod by the owner or owners of the development either
under lease Or rental agreement by third parties.
SE L_00N33S- STABLES PRIVATE
An accessory building used to shelter horses belonging to
the occupants of the main building and not for hire, including a
corral or paddock.
SEC. 2.00.440 STABLES, PUBLIC
A stable, other than a. private stable, for the keeping of
horses for compensation, or to house horses for hire or sale,
including a corral or paddock.
SEC, 2.00.445: STORY
That portion of a building included between the upper surface
of any floor and the upper surface of the floor next above,
except that the topmost story shall be that portion of a building
-1.9 --
included between the upper surface of the topmost floor and the
ceiling or roof above. If the finished floor level directly
above a basement or cellar is more 1 -ban six feet above grade,
such basement or cellar shall he considered a. story.
SEC. 2.00.450: STORY, Hl1!,F
That portion of a building between the upper: surface of the
topmost story'5 .,eiling and the roof, having Less thar, a side
wall })eight of sax feat..
SFC. 2.00.455: S'.IrRE'. Y
Any thorou ;ifare For motor vehicle travel which affords the
principal means of to abut -ting" property, i_nclu.di.nq public
and pri vat.e _yYr`. : -wav and oasements.
i'he center la LB, of d S'i L: �_ J'E: 11h- � -U W a' tc) tZti� f >y
o .:C.1. C ?. a 1
surveys. J Lf CvV) or 1l.ore C:'. 'r3r J.: nets aj,l > °' A }_ o,; a.Tl
offic -i-..l survey, or In i is abs nco o� 131 of c icia . Urvev, the
center: line shall bs de(-ermi.ncod by tl�e 'Iow Eng:ir:ieer,
S?'f 2.00.465: STRUCTI7 ?I??
That which is built or cons!ructcd, an edifice or building of
any kind, any Niece of -U i> FrGi °1 C.:1al.ly bt:llt: up or composed
of part: joined together in so c deft ri to manner.
Any COi1S t`�lli7 �.F il. O:C }11 1al)r1Ca,tl (' y.>oo_ ;_ l2 SF.' -Ci for s- wju'Tii:ng or
bathing, 24 inches or r,:orc) in l x,t:nn
SEC . 2.00.4?'+ • 'T'ni ^'id
Town rn- ;.;a Town of Taos Ga.to
SEC. 2.00.480: TOWN HOUSE .
A single family dwelling abutting another single family
dwelling without a side yard or setback on one or two sides, or
side to back, depending on design, and using a common wall for
the full height of the building to divide each dwelling unit.
SEC. 2.00.485: USE
The purpose for which a site or structure is arranged,
designed, intended, constructed, erected, moved, altered or
enlarged, or for which either a site or a structure is or may be
occupied or maintained.
SEC. 2.00.490: VEHICLE
Same as automobile, including tracks, tractors and other
self - propelled industrial and farm equipment.
SEC. 2.00.495• YARD
An open space on the same site as a structure, unoccupied by
any use except for landscaping, sidewalks, driveways or swimming
pools, and unobstructed from the ground upward, unless otherwise
specified in any zone, including a front, side or rear yard or
space between buildings or structures.
SEC. 2.00.500: ZONING PLOT
A plot of ground consisting of one or more lots or parcels on
which a. common improvement has been authorized under this
Ordinance.
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ARTICLE 3: GENERAL PROVISIONS
Chapter 3.00
General Provisions
SEC, 3.00.010: SCOPE
The provisions of Chapters 3.02 through 3.70 apply to all
zones.
Chapter 3.02
Other Uses
SEC. 3.02.010: OTHER USES PERMITTED
"Other Uses" as determined by the Commission shall be regarded
as listed uses for a particular zone. In no instance, however,
shall these regulations be interpreted to permit a use in a zone
when such use is specifically listed and permitted in a less
restricted zone.
Chapter 3.05
Yards
SEC. 3.05.010: FRONT YARD BETWEEN PROJECTING BUILDINGS
Where a lot is situated between two lets, each of which has
a main building (within 25 feet of its side lot lines), which
projects beyond the established front yard line and has been so
maintained since this Ordinance became effective, the front yard
requirement on such lot may be the average of the front yards of
said existing buildings.
_22_
SEC. 3.05.020: FRONT YARD ADJOINING PROJECTING BUILDINGS
Where a lot adjoins only one lot having a main building
(within 25 feet of its side lot lines), which projects beyond the
established front yard line and has been so maintained since this
Ordinance became effective, the front yard requirement on such
lot may be the average of the front yard of said existing building
and the established front yard line.
SEC. 3.05.030: FRONT YARD SLOPING LOT
Where the elevation of the ground, at a point 50 feet from
the front line of a lot and midway between the side lines, differs
ten feet or more from the curb level, or where the slope (measured
in the general direction of the side lot lines) is 20 per cent
or more on at least one- quarter of the depth of the lot, the front
yard need not exceed 50 per cent of that required in the zone.
SEC. 3.05,040: FRONT AND SIDE YARDS WAIVED-- DWELLING OVER STORE
The front and side yards shall be waived for dwellings,
hotels and boarding or lodging houses, erected above the ground
floor of a building when said ground floor is designed exclusively
for commercial purposes.
SEC. 3.05.050: SIDE YARD WAIVED— SEMI- DETACHED DWELLINGS
For the purpose of side yard regulations, the following
dwellings with party walls shall be considered as one building
occupying one lot: Semi - detached two and four - family dwellings,
row dwellings, group dwellings, and court apartments.
SEC. 3.05.060: REAR YARD -- INCLUDES 017,-HALF ALLEY
In computing the depth of a rear yard where such yard opens
onto an alley, one -half the width of such alley may be assumed to
-23-
be a portion of the required rear yard.
SEC. 3.05.070: PROJECTIONS ALLOWED INTO YARDS
(1) A porte cochere may be permitted over a driveway in a
side yard, provided t1Zat it is not more than one story
high and 24 feet long and not closer than two feet from
the side lot line, and is entirely open on at least
three sides, except for the necessary supporting columns
and customary architectural -features.
(2) Cornices, eaves, belt courses, sills, canopies or other
similar architectural features (not including bay windows
or vertical projections), may extend or project into a
required side yard not more than 24 inches and may extend
or project into a required front or rear yard not more
than 30 inches, Chimneys may project into -- required
front, side or .rear yard not t'fian ii' inches.
(3) open, unenclosed stairways, or balconies, not covered by
a roof or canopy, may extend or project into a required
rear yard not more than four feet, and such balconies
may extend into a required front yard not more than 30
inches.
(4) open, unenclosed porches, platforms or landing places,
not covered by a roof or canopy, which do not extend above
the level of the side or rear yard or into any court not
more than six feet; but in no case shall the projection into
a court exceed a, distance of more than 20 oer cent of the
width of such court.
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(Next page is 26)
Chapter 3.10
Lots
SEC. 3.10.010: LOT AREA -- INCLUDES OM-HALF ALLEY
In computing the lot area of a lot which rears upon an alley,
one -half of the width of such alley may be assumed to be a portion
of the lot.
SEC. 3.10.020: LOT RESTRICTIONS-17L PUBLIC UTILITIES
Lot area restrictions do not apply to lots used exclusively
as locations for public utility lines or substations.
SEC. 3.10.030: TF_ROUGH LOTS
At each end of a through lot there shall be a front yard of
the depth :,^quired by the zone in which each lot frontage is
located: and one of such yards may serve as a required rear yard,
but must meet front yard standards.
SM
Chapter 3.15
Height
SEC. 3.15.010: HEIGHT RESTRICTION EXCEPTION
Subject to any other provisions of law, towers, gables,
spires, penthouses, scenery lofts, cupolas, water tanks, similar
structures and necessary mechanical appurtenances may be built
and used to a greater height, but portions of structures authorized
by this exception shall not cover at any level more than fifteen
per cent of the lot area nor have an area at the base greater than
1,600 square feet; provided further, that no tower, gable, spire,
or similar structure shall be used for sleeping or eating quarters
or for any comuercial purpose other than such as may be incidental
to the permitted uses of the main building.
SEC. 3.15,020: HEIGHT DETERNIINATIGN FCR SLOPING LOTS
Where the average slope of a loc (measured in the general
direction of the lot lines) is greater than one foot rise and
fall in seven feet of distance from the established street
elevation at the property line, the height of the building may
be measured as follows:
(1) On downhill slopes (from street), the maximum 1-eight
specified for the zone shall be measured from the front
grade, and the height measured at the rear grade may
exceed this maximum by either one story or ten feet,
whichever is the lesser.
-27- °
(2) On downhill slopes (from street), where lot slope
warrants it, an option will be permitted whereby the
maximum allowable height measured from the front grade
shall be reduced by one story or by ten feet, whichever
is the lesser, and the height measured from the rear
grade may be increased to exceed that measured at the
front grade by three stories or 30 feet, whichever is
the lesser.
(3) on uphill slopes (from street), the maximum height
specified for the zone shall be measured from the rear
grade, and the height measured from the front grade may
exceed the maximum by either a basement cr by ten, feet,
whichever is the lesser.
Chapter 3.20
Tree Preservation
SEC. 3.20.010: INTENT
Chapter 3.20 is adopted because the Town is forested by oak,
bay, eucalyptus, sycamore, redwood, pine and other trees, and
contains individual trees of great beauty, the preservation of
which is necessary for the health and welfare of the citizens of
the Town in order to preserve tine scenic beauty, prevent erosion
of topsoil, protect against flood hazards and risk of landslides,
counteract the pollutants in the air, maintain the climatic balance
and decrease wind velocities, and which contribute greatly to the
value of land in the Town. It is the intent of these sections to
_28_
regulate the .removal of significant trees within the Town in order
to retails as many trees as possible consistent with the purpose
of these sections and the reasonable economic enjoyment of
private property.
SEC_ 3.20.020: SCOPE-_ TREES PROTECTED
The trees protected by this Chapter 3.20 are.:
1
(
t All trees which have .. JO 111Ci1 or greater circumference
of any trunk., or in the case of multi-trunk trees a
total. Of 100 inches or more Of the circumference of
all trunks.
(2) All trees which have a 20 inch or greater circumference
of any trunk, when _removal r lat:,`.';_ ti.t iffier to aiv t :ra11S-
action for wn. Cl ( o ,-1 S]ai or Committee approval 10
required or when he tree oxistod at the time of or
was required to be planted by the terms of Commission
or Committee approval for any nonresidential development.
(3) Al]_ trees which have a 20 inch or greater circumference
of any trunk and are located on a. vacant lot or
undeveloped property,
7u) measurements of circumference are made with a taut tape,
three feet above the group&
SEC. 3.20.030:
Except as provided in sections 3.20.040(l) and (2), it is
unlawful for anyone to remove oz cause to be removed any protected
tree in the Town without obtaining a it to d0 o.
p+�nn s
SI`C, 3.20.040: L r,ac
The following tree removals are excepted from tl'o pro l'-'C'n.
Of m n
.9 ..;la�+Cel 3.20).
9- -
(1) Removal of orchard trees as part of farming operations
or upon order of the County Agricultural inspector.
(2) Removal in case of emergency when a tree is hazardous
or dangerous to life Or Property, on order of the
Superintendent of Parks and Forestry.
SEC.
3.20
ppplicatiops for tree removal normits; shall be film with
the Planning Department on forms preccribed by the Pianninq
Director and shall state, among other things, the number and
location of the trees to be removed by type and the reason for
removal of each. Appjicatlons for tree removal m"Y be granted,
derind, or
PIC, I 2'QQ0.z
Application3 for removil Of trees dcacribed. in scctwi,
3.20,020 (1) otbey an trees also desccibed y SOCLIons 3.20' 020
(2) an3 (3) are jvint3y dutorminee by the Planning Director and
Superintnndent of parks and 1'C _e Applications for removal
of trees described in section 3.20.020 (2) shall be determined
by the commission or Committee concurrently wit-.1-1 the,
matter. Applications for removal of trees describcS in soution
3.20.020 (3) shall ho determined by the CowmitteO.
SNC,3,2q,,07A: jQQjRP.,5-
Each application shall be roviewel and deteroined in
consideration of the folJowirg standards,
-3G-
(1) The condition of the tree or trees with respect to
disease, danger of falling, proximity to existing or
proposed structures and interference with utility
services.
(2) The necessity to remove a tree or trees in order to make
improvements to allow economic enjoyment of the property.
(3) The topography of the land and the effect of the removal
of the tree on erosion, soil retention and diversion or
increased flow of surface waters,
(4) The number of trees existing in the ne�gi-il)orhood or
improved property and the effect the removal would have
on the established standand oE t:..-jc area and i:he property.
vu Ines .
(5) The numher of trees the part iculay parcel can adequately
support according to good forestry practices,
CAIRsel 3.0
Animals
SEC. 3.25.010: Dl FINTTIONS
For the purposes of Chapters 3.25 through 3.29, the dc±inition"--,
in sections 3.25.0 15 ftrough 3.25.030 apply.
SPC. 3.25.015:
Pet means an animal kept for pleasure rather than utility, if
an animal is kept primarily for pleasure, its occasional, incidenLal
use for breeding or show Mac not Mqualify it from pat status,
-- 31- -
SEC. jAj=0Aq: QRSE
Horse means horse, pony, &Onhey or mule, of cither sox and
any age.
SEC.
-h-ARTS PKII -SWEITEPS-
Horse barns and shelvers means barns and stables, and also
roofed structures and ramadas when either of r 1 latter are intended
or used for sheltering horses. The provisions Of section 2.00.435
notwithstanding, for the purposes of this definition "s(ables" does
not include corrals or paddocks
SEC. 3,25.050, INW-UR QQSE
Nuateur horse events means gyakhanas, horse &bows and rodeos
Wh 0 n :
(1) The svunt is not held Q! prjkjt
(2) No awnission few is WorrieA spectators.
(3) No move than is morsor are enterea.
SEC, 3.26.010: IP" n" DOW
Borses may be hrpIz as pets in aDy none in Lbo Town, subject
to the reqDjaijonp of sections 3,26.OM
SEC, 3.26.020:
Arataur horse events nay bc held in nny zone in tho Town,
subject to the regulations in sections 3.2G.030, 1.26.060 and
3.2 ,070.
- 32-
SEC. _3_2._61030 o PERMIT RE UTREMENTS
The keeping of pet horses on the same premises as, and
incidental to the use of a single family residence is allowed
without permit-. Pet horses may be kept under other circumstances
only when a permit to keep them has been issued by the Planning
Director=, or when a conditional use permit authorizing them to be
kept has been issued under the rules of the zone, w ere the parcel
is located, if the rules of the zone provide for a conditional
us" permit, Amateur horse_ events may be .hold only when a permit
lit
for the spC,^_.1..fic event has been issued by the Planning Director..
SEC. 3.26.0W: L7arq> AREA t2E;iu R "",_7 ._
On - paa'.Ce_s of 1cll1d having an area OL 10, 000 square feat or
morn, one .t horse i(:cey '..e kept for `ach. 20,000 sgaare feet of
,,, k�p� �o,_ c
area, Plus one peg. house.. The Foal, under nine r r hs
_ _r_n_ n�Ir�_7 of age,
Of a ware ...awfully ,ept on the premises is not counted i_.p..
determining tl -,e rlulrbe_r of pet horses that may ] Kept.
SEC, 3.26.050: LOCATION Oi? i7G ' E,. -AC I-, i TJ ,S
Regardless of whether a permit is required for keeping pet
horse".
(1) Horse barns a.nc sheMrs shall he located at least
30
feet from the _ear and side property lines, at least
25 feet from any nwel+.ing on the same premises, and at
least 60 :feet from any dwell_ ng or swimming pool_ On
adjacent Promises if such dwelling or swimming pool
exists when th.o horse barn or shelter is built.
3-
(7) Corrals and pens shall be located at least three feet
from any property line and at least. 60 feet from any
dwelling or swimming pool on adjacent property, if
such dwelling or Swinnini pool exists when the Corral
or pen is built.
SEC, ° 76,060 LIM i" ON_ ON Cr t nP,+7 Pbt I S
Amateur; horse ov nr < shall not be held on parcels of bind
having ieEs - than five acres area, nor on wore than i_Z days on any
single parcel of land in one calendar year.
- �'�'� 1 i> ?1TaL S:Y!' SeF'.�.i.tiCr pe'
The Ylc.a' -11Y1� Director i_Of Silclt l_.�.,. -c. � '
borsev other than on the same prewiscs as, nd incidental ental to
the use of a single mi t 7 rosidanan. or for holting an tear
gorse r e t if ho firls, aftei t' _ng jnFo c (nunt:
(I ) ::'.:1 .._c.. -_ ana >.o < ..'BOA OT LKS i t,. -._ c,. ".. the horses,
would be kept or they event geld,.
( 2 ) the lxa.ract:er of the nelghbolhoOd,
(3) th tan -,')cr of horses T1VOl -vee,
(4) the fact i ties existing and to be provided on the Pre t 1 os,
(5) in appropriate dnstcdncos, tie provision for parking and
for gamest., or spectators, i:', i r_a1e horses to1_il . be treated
safely and humanely, l: li 14: i_} t c 1.,;3-11 bo no adverse effects
on tT S 1E'1 V C r: ll al *, of p on that there will be no
change o� n -, � . cis
detrimental e�:t . C'C, Oil or ]. "c'( "?.C']. O l___._
ne gnbo hood, nor any disLu'_bance of persons in the
peaceful enjoyment of their property. if the Plannin r
Director does not so find, he shall not issue the permit.
SEC. 3.26.080: CONTENTS OF PERMITS
The Planning Director may include such conditions in the
permit as are reasonably necessary to assure that the standards
of section 3.26.070 are met. When the permit is for an event,
it shall specify the date of the event. When reasonably necessary
to fulfill the standards of section 3.26.070, the permit shall
contain an expiration date, and specify the terms, if any, on
which renewal will be permitted.
Chapter 3.29
Animal Permits
SEC. 3.29.010: AiIMALT PERMIT APPLICATIONS -- FILING AND FORM
Applications for permits issuable under the provisions of
Chapters 3.25 through 3.29 stall be filed in the office of the
Planning Director, on such form and in as many copies as the
Planning Director may specify.
SEC. 3.29.020: ANIMAL PERMIT APPLICATIONS -- CONTENTS
The Planning Director may require that applications contain
plot plans and elevations of any structures, proposed or
existing, to the extent reasonably necessary to show what conditions
the animals will be subjected to, and what effects keeping them,,
and human activities associated with their keeping, will have on
the community.
-35-
SEC. 3.29.030•
01101
The Planning Director shall promptly send a complete copy of
any application to the Health Officer for review and shall not
issue a permit until he receives and considers the advice of the
Health Officer.
SEC. 3.29.040: APPLICATIONS -- NOTIFICP_TION
At least five days before granting any application, the
Planning Director shall give written notices describing the
application. The notice shall be posted in one location readily
visible to the public on, or reasonably near to the parcel of land
where the animals are proposed to be kept, and mailed addressed to
the owner of each other parcel of land any part of which is within
100 feet of the parcel of land -where the animals are proposed to
be kept. The mailed notices shal-1 be addressed to the owners of
neighboring parcels, as shown on the latest Santa Clara County
equalized assessment roll.
SEC. 3.29.050: PERMITS -- MODIFICATION OR REVOCATION
At any time when the Planning Director has reasonable cause
to believe that a permit issued under Chapters 3.25 through 3.29
ought to be modified or revoked, he shall give mailed notice to
the Permittee and the owners of neighboring land specified in
section 3.29.040, in the manner specified in section 3.29.040 for
mailed notice, except that such notice period shall be 15 days.
Before modifying or revoking a permit, the Planning Director shall
consider all evidence presented by the Permittee and any other
person. He shall revoke or modify a permit when he finds that
-36
such revocation or modification is necessary to meet the
standards specified in section 3.26.070.
C1a_p ter _3
Signs
SEC. 3.30.010: APPLICIA'PION
The regulations in Chapters 3..30 through 3.39 apply to all
signs in all zones. Regulations of the number and area of si n�
refer to the signs allowed on a zoning plot, except Where the
regulations prescribe the number and area of signs allowed on a
bosiness frontage.
SEC 3.30.020: hi ''I`
The intent of hapieys 3.30 thro.gr, 3.39 in as follows:
The Town oI Los GAtos is , predominantly residential,
community of natural bea.ty , distinctive architecture and historic
character. The economic stability of the `.Gown is dependent upon
its high quality and Town-oriented, commercial and residential
environment Unvegu.lated and uncontrolled -.:.section and T!laintenanse
of advertising structures tends to create a garish and gaud
y
atmosphere which is not in harmony with the character and environ om
of the business or residential community.
The purpose of a sign is to inform !he general public that a
business enterprise and function exists in the Town.
This Ordinance recognizes " ho -right of the public to be
directed, ^t, ;•. ?ir C'.d, advised, and informed; tGd: ai1d also recognizes the
' Y/
the economic need for a sign to function as a means of identification,
expression of businans characier, and positive no0ficaLiOn Of
product and service avvil&bijity for conm:-,mption.
This ordinance regulates the iocation, height, width, shape,
proportion, design, illumination and construction (except as
provided by building codes) of signs for the purpose Of insuring
that Uh.ey are architectnially c&m;;.c- ifjc with the planucd 0C
the 'n(,nA,n .
The purpose Of tvis Ordinance is to assist in the continuation
of oxisLing and introduction of now commercial activities in
axrh3tecturai harmony with the existing and planned Town, to take
a2vantage of the inuzual charactur Lh�� Towr and to wncouxvge
proper maintenance and rehabilitation 0j real propemy. To
accumplish
(1) Local public V< tea mus L he he 1 anced �',, geoel, & I pLOJIic
rights and economic fun-.. Lions rotated to signs.
(2) The size of a sign must bo pr even Led from overpowering
its surrvundipgs or bocoming a del ewminant facto Y' in
consumer evaluation of comrstitive enterprises.
(3) 7 snow e c? & sign most not conflict with the
architocturaj Whos of its setting.
(4) A sign munt be prevented frnm overpowering ii:.:;
sayroundinqs th.roug,a hun, sDturation, and brilliance
o c -T in,scm patible
r lose colors.
(5) Normol maiqtonance c: roppir is required for
al.l siChs.
SEC. 3.30.030: ADMINISTRATION
Chapters 3.30 through 3.39 are administered in the following
manner:
(1) The Council approves or denies applications for permits
for signs on public property, including but not limited
to community- oriented bulletin boards and kiosks and hears
certain appeals.
(2) The Commission approves or denies applications that have
been referred to it by the Committee and sign programs
for planned developments in conjunction with precise plans
reviewed under the provisions of sections 4.82.110 through
4.82.160.
(3) The committee approves or denies applications for
permits for freestanding signs, ground signs, neighborhood
identification signs, roof signs, signs on freestanding
walls, off - premises subdivision signs, and attraction
boards; reviews and makes recommendations to the Council
concerning community- oriented bulletin boards and kiosks
proposed to be erected on public property; determines
what constitutes compliance with standards as provided
in Chapter 3.36, reviews and makes recommendations to
the Planning Commission concerning sign programs for
planned developments in conjunction with precise plans
pursuant to sections 4.82.110 through 4.82.160 and hears
-39-
appeals urom decisions of the Planning Director. The
Committee may refer any application to the iCommission
for decision.
(4) The Planning Director provides application forms for
sign permits; specifies what information the applicant
must submit, and examines all applications for sign
approval, making an inspection of the premises where
the sign is proposed to be erected; approves or denies
all applications for sign approval when action is not
required by the Council, Commission or Committee;
issues all sign permits; and keeps records of nonconforming
signs and mails notices to owners of such signs. The
Planning Director may refer any application to the
Committee for decision.
SEC. 3.30.040: PERMITS
Sign permits must be obtained before erection of all signs,
except as provided by Chapter 3.32. A building permit may be
required by another ordinance. Sign permits expire one year
after the date of approval unless the sign is erected within that
time.
SEC. 3.30.050: FEES
There is no filing fee for applications for permits sought
to be issued on the basis of approvals which can be made by the
Planning Director even when theDirector elects to refer the
application to the Committee. The Council may prescribe by
resolution filing fees for applications for permits that only the
Committee can approve.
-40-
SEC. 3.30-060: VARIANCES
The provisions of this ordinance concerning variances are
not available to modify the terms of Chapters 3.30 through 3.39.
SEC. 3.30.070; AUTHORITY TO ERECT
No sign shall be erected without the express permission of
the landowner. A lease to a lessee would be sufficient evidence
of the authority to erect a sign.
Chtpler_ 3.31
Definitions
Sp(. 3.31.010; SCOME
in Chapter,-, 1-1-.,,.-,-)uqh 3.39, the following —ends and phrases
used are defined in this Chapter 3.31,
SEC. 3.-1 WT
DON ED SIGN
Abandoned sign means a sign located on a parcel of land or on
a structure either of which is vacant for a period of 90 days, a
KgP Pertaining to a past occupant or business different from Ci-,c
Present occunant of or business on the premises, a sign pertaining
to a past event or any sign abandoned as the term is used in the
law of California.
SEC. 3.31.020i ARCADE
Arcade means a covered passageway with business cstablishments
along at 2east one side.
SEC. 3.31.025- A` PTACT-EhD SM,�Jr
Attached sign means a sign which is affixen to and made 112
integral part of a building or structure. Attached signs include,
._4t- V
but are not limited to wall signs, roof signs, and projecting
signs, to distinguish them from freestanding and grouM signs.
SEC. 3n310030: ATTRACTTOMI '0R RD
Attraction board is a sign constructed so that letters or
other advertising material can be changed, and which relates to
businesses or organizations which depend, on a large part, upon
train and attendance generated by tonpoKarY, jndepenfen` and
frog"antly changing events Or showing, sucb as these "'e-Yag"
in providing live or filKed entertainment or sporting events,,
SEc' . 3 ° 31 0 3 5
p,, the purposes of this article awning is
MWOUCO.
0 '1 D L!
A bill bonr3 is a SiTA, Gtip -ian a direction RI sign, whic-r
directs attention CO a business, commoWrY, aeyv" Or
conducted. sold or offered at a plucc other thar, s-hcrc- AN)
is
erected. included are sigrs exected upon bencbes.
Bulletin board is a sign locat.nd on the same premises an(I
i . ..... activiNes of a chbicb. school,
hospital, or public building, and allowing changcEblo messaqcs.
SEC.
Business frontage is that nortion of a building which fares
a street, paYhing lot, pedestrian mail. Drcade or walkwvy. The
primary business frort'ge is wre cortains a cn• FGme--r
entrance or which includes a glass - enclosed showroom facing the
street. If a building has more than one business frontage with
a customer entrance, the property owner must designate one of
them as the primary business frontage. Unless otherwise stated,
the phrase "business frontage" means "primary business frontage ".
All other business frontage is secondary frontage. As used in
this section, "parking lot" means either a publicly -owned and
operated parking lot or a parking lot located on the same zoning
plot as the business frontage.
SEC. 3.31.055: CA.QOPY
For the purposes of Chapters 3.30 through 3.39, canopy is
synonymous with marquee.
SEC. 3.31.060: CONFOFukNCE
Conformance means the state of being in conformity with the
provisions of C'flapters 3.30 through 3.39, either because of
reconstruction or modification pursuant to a sign permit, or
because of removal or obliteration.
SEC. 3.31.065: CONSTRUCTION SIGN
A construction sign is a sign located on a construction
site during the course of construction, which identifies the
architects, engineers, contractors, financiers or other persons
and other individuals or firms involved with the construction,
or announcing the building, enterprise or function for which the
construction is intended.
-43-
SEC. 3.31.070: CONVENIENCE SIGN
A convenience sign is a sign which facilitates traffic
flow and safety, not erected by a governmental agency, such as
entrance -exit, caution, parking, right or left turns only, stop,
drive -up window, or t.owaway zone.
SEC. 3.31.075: DIRECTIONAL SIGN
A directional sign is an off- premises sign which shows the
direction to or location of the civic center, hospitals, public
parking lots, and any publicly -owned facility.
SEC. 3.31.080: ENTITY
Entity means any person as defined by section 2.00.395 and any
distinct business enterprise even where adjacent business
enterprises are owned or operated by a single person.
SEC. 3.31.085: ERECT
Erect means to construct, place, relocate, enlarge, alter,
attach, suspend, paint, post, display, hang, or affix.
SEC. 3.31.090: FACE OF A SIGN
Face of a sign is the portion or portions of the exterior
surface of a sign intended to or particuarly adapted either to
display an advertising message or to attract attention to the sign.
The face of a sign is often the front, but may be any surface
including a rear or blank portion. A sign may have more than one
face and may be virtually all face. The fact that no message is
imprinted on a portion of a sign does not necessarily prevent
that portion from being a face, as in the case of a flat sign
erected near and perpendicular to a street. Such sign would have
-44-
two faces even if one were blank.
In determining what constitutes
a sign face weight will be given to whether the particular aspect
in question is readily viewable from public property or any
premises other than those where the sign is erected, but a sign
face may exist even where the face is visible only from some part
of the premises where the sign is erected if the face is viewable
from out of doors and the other elements of the definition of face
are present. Usually, all of one face is visible from one point.
Where, for example, several "boards" of a sign are erected on a
single plane or parallel planes, they together comprise one face,
and are measured within a single perimeter, including the spaces
between them.
SEC. 3.31.095: FREESTANDING SIGN
A freestanding sign is a sign which is wholly or partly
supported by a structural element which is not an integral part
of a building.
SEC. 3.31.100: GROUND SIGN
A ground sign is a freestanding sign less than seven feet high.
SEC. 3.31.105: HEIGHT
The height of a freestanding sign is the elevation above
finished grade of the highest point of either the sign or the
stand, poles, wall or other structure upon which it is mounted.
Finished grade is the general finished ground surface where the
sign is erected, not taking into account mounding or other
alterations to the surface made in regard to the sign. However,
-45-
where finished grade is below the elevation of the top of the
curb on the frontage where the sign is erected, or if there is
no curb below the elevation of the m3 rgin of the street surface,
height is the elevation above the top of the curb, or at the margin
of the street surface if there is no curb. The point on the curb
or the margin of the street surface to be used as a base point
for measurement is the point intersected by a line drawn
perpendicular to the centerline of the street which intersects
the center of the base of the sign.
SEC. 3.31.110: LOT FRONTAGE
Lot frontage means the property line of a lot abutting on a
public street which affords access to the lot. In the case of a
corner lot and other lots which are bordered on more than one side
by a st_reet,lot frontage is the lot line in respect to which the
business for which the sign is provided has its primary business
frontage.
SEC. 3.31.115: MARQUEE
Marquee means a temporary or permanent structure attached to.
or supported by a building, designed for shelter over a
pedestrian or vehicular way and which may or may not project
over public property.
SEC. 3.31.120: NEIGHMORFOOD IDENTIFICATION SIGN
Neighborhood identification sign is a ground sign situated
where a street enters a residential neighborhood, which serves
only to identify the neighborhood.
-46-1
SEC. 3.31.125: NONCONFORMTNG SIGN
A nonconforming sign is one which was lawfully erected
but which does not comply with this ordinance because of:
(1) Annexation of territory to the Town,
(2) Amendment to the Zoning Ordinance,
(3) Rezoning, other than rezoning when the application for
rezoning is made by or joined in by the owner of the
real property where the sign is lcnatc&
Howevor, a sign which was lawfully erected but which does not
comply with this ordinance becDnse of:
(1) Division of real properly where the sign is located,
(2) Alt orationy to any building on the Wt, parcel or
zoning plot where the sign is located, or
(3) Henoning, when the application for rezoning is mDde by
or joined in by the owner of the real propeyty where
the sign is located,
is not a nonconforming sign. A sign may be a nonconforming sign
because of a single chnracLeristic, suvh as height on brightnoss,
correction Of which may result in conforming status for the sign,
or a new amortization date. This section does not list a!! classes
of sigy:s which are not nonconforming signs,
SIC. 3.31.110: or—r-""MMYTH-c Toi,
An OM-premisen sign is any sign not located on the same
zoning plot er�tity it advertises.
SEC. 3.31-135: POLTAII'LL-ST9'
4,101IN-11"!
political sign is any sign which is intendefto infIjj Ode
4
the vote for the passage or defeat of a measurey or nomink ' An,
election or defeat of a candidaLe in any governmental election.
SEC. 3. 31.140: POPTT'T3LE STCN
A portable sign is a sign -,,-s movable. rot structurally
attaolsi-,l to the ground, or to D building. strucLure, or sign.
"A"-f-ame and sandwicb sig-ns are porLable signs.
SEC
A projecting rigs is any sign erected on the wall of D.
building or structure. or suspcmiod from an overhang. with =di splay
surfaces generally noL parallel to the wall.
SEC, �,31 AM;
A loof sigh in a" alLachan nign Cx-':'.'CjLco -n " or
pyajecLinq above the uava or rate of a "ui!QiP4 of "Ping of a
parapat. A sign erected on top of a canopy. arcade, awning or
marquee is a roof sign.
C'E
Lt sign is any thinq, or elem4nt OF a thing, located out or
doors or in a place where it is vinible Erum out of doors. creaLed,
adapitud, or installed, by a person for tna primacy and apparaNc,
porpose of ecaveViDU a visib% adveruising message, anj may include
suppol,ts, standnrOs and fixtures. o major sclame or special
lighting eTfect, on the exteMoc of a builcli-r"," -is a sign "he
,l ...... t
f
hb,
r ,jors 0-
ii,oArg
vffecic�
in
re)< -tion to ire
baildiog
cycate
a
privary
Mfect Of
Ojvertising-
Eyceptions-
.08-
(1) Merchandise on display is generally not a sign because
merchandise is ordinarily possessed for the primary
purpose of permitting sales from stock on hand. A
merchandise display located at a Nstanne from the
point of sale or displayed in an unusual marner mignt
constitute a sign.
f2' A structural elenent of a Wilding or Uno
k ) ju srtL
standard, or fixtures of a sign would not be a sign
wq',(�re L`ne olawanL is ielaLud to reasonable soyncLura'I
necessity, and the that the elewenL
is not QtendeO to be identified J V;A_'p 7Cis wi'U."a 1I)o
Palo or prumc,Won of goods or sorvicr-,
(3) Njgbzt±me, wite illumination, VIhin YuAnonablc
hrigb&Qrs ]ANNUOUS. of a WKINny or of :tnxcVanAjP:,
is not of i trelf a
rcsult is on!
make visible without uodue emrhanis mat which can yy-..
soon in the oayLlmas
SEC. 3.31.160: S EGN ARB,'�
Sign area :. s the - 7 u.I area of the face or lat s of a sjqn,
Each Wee is measnred by dotormining the smallest a�nn PION P
single perj"etcr composed of rot more thaw eight straight
'N cat wy. by thn applicant Cnalosinq �'L.Inyu AWAB of Qe facm,
there a siYA consists of letters or synbcIs un a waij, the wal-j.
is not so t -nat One Of its main Puymses is to sapport
sign, and We sign's backgrourO is ao indispinquisLablL part 6E a
wall, for the PurPoses Of a six-inch margin aro LAVA O
-10 - '
all of the words and symbols will be included in the perimeter
composed W" not more than ejcj1hL straight lines.
SE :LQ7.A65- SIGN PhJ"P.1j"i,
Sign permit is the permit issued by the Planning Director to
evidence approval by any of the bodies or person auWariLeal by
Chapters 3,30 through 3.39 to erect: a sign.
SEIC
Pt _RY S:cGN
A temporary sign is a sign, usually constructed of cloth of
Eabric, caxdboara. wallboard, wood or other light materials,
intended to be displayed for a short period of time as set forth
in Chapter 3.34.
SEC-
lt -, r' s: J"-', (7l
zy tirbi anJ teoMcratyre sign is a sign which shows time MOW'
temparature and vilch contwin2 no advartisinq.
A wall is a surface which has a slope steeper than one tool:
horizontal to two Vey ticD!-
A wall sign is a sign ercctca on a well or fascia of a
building or st-ucturc (ot-hor t an a sLructure, one of whose main
purposes is to suppoxit a nign), L-1--c f, -su of is generally
parallel to the wall or fnnnin nod all of which is below the coping
0; c_fe T p EI'3
),,,ra,pot, below the rate. Kno La fascia, the eave
line, or in any event, below the inp of the structure. A sign
which mects the deli nit ion of this section but is erected betwoeii
posts, pillars. or cet,-I�
- lijr _) vih.-,.c h support a roof or second story,
rather than on a wall. 1 s also a wall siqn
A sign which is erected on and incidental to a freestanding
wall or fence, including any gateway portion of a wall or
fence, is also a wall sign.
11C. 3.31.110: wid-now Sim
A window sign is a sign which is displayed in or, througl-, a
window, is less than 24 inches inside glass, and is visible from
a street, walkway, parking lot, or pedestrian plaza, any of which
is accessible to the public,
"Chapter 3.32
Exceptions
SEC.
Scom
A sign permit is not required for E'se signo los crib ?d K,
this Chapter 3.32. The number and area M Kqese qjQns arc yegujate ,
only by Lhis chapter and they ale allowed in add;Aon tu signs o-F
other classes.
SEC. 3.32,015t n('1 S P, - I P -�! 1 r
� Pp oo T� ' y
Douse numbers, street names, signs warning against danger,
railroao crossing signs, authorized traffic or paxking signs and
rural delivery boxes,
SE,Q- I&MAP: NI OR PLA AIPD
(1) Name plates having an area not over one and one-halt
square feet. affixed flat against the wall ok a
building, which only show er a
person or persons or entity occupying the area, up to
a limit of six plates per building,
(2) Building directories for buildings with more than
six tenants having an area not over nine square feet,
affixed flat against the wall of a building„ which
only show the name or address of the persons or
entities occupying the building.
SEC. 3.32.025a PLAQUES
Solid metal plaques or cut inscriptions, either erected by
recognized historical agencies, or which show names of buildings
and dates of erection, provided the sign does not exceed dour
square feet in area.
Sia_3A2G3 0; 2;TL WT _FTE SIGNS
(J) ore non -:Y1L urinated sign on each street frontage for any
lot or bpila.oag uiliich serve_
solely to advortise the
sale, lease or rental of or an offer to build to suit
on the premises where t.T,.e ° k.ri11 7_s located, 3ted, prof tded one
sign does not exceed twelve square feet in area if the
sign is in comi-neTcial.., professional or industrial_ zone,
or six square feet in area if the sign is in a residential
;.s only available ;,-lien all or pert:
LOnP., This F'Y.e_P.'tptiOYl i%
of the prcmG =e.s is actually available for the transaction
aciver A sed.
(2) Non-- i.11umr- nated, off -- .site, portable signs directing
customers to the location of an open house which is
for sale are permitted, limited to two signs per dwelling
not EXCf` -6 Li1g an area of ^'.x >flarC feet per face. 11P.
signs shall be located on private property limited to one
per parcel at any given time, and the owner's written
--b2 --
permission shall be secured in advance of placing the
sign. The sign shall be removed each day after the
closing of the open house.
SEC. 3.32.035: INTERIOR SIGNS
Signs in the interior of a building, enclosed lobby or
court, not visible from the outside and signs not visible from
off the premises.
SEC. 3.32.040: CONVENIENCE SIGNS
Convenience signs not exceeding two square feet in area and
containing no advertising material.
SEC. 3.32.045: NO TRESPASSING SIGNS
"No trespassing" or "no dumping" signs not exceeding three
square feet in area.
SEC. 3.32.050: WINDOW SIGNS
Window signs not exceeding 25 per cent of the window area.
SEC. 3.32.055: PARKING SIGNS
Not more than one parking control sign for each parking
entrance, not exceeding an area of two square feet. Parking
control signs may contain the name(s) of the business(es)
controlling the parking lot.
SEC. 3.32.060: PUBLIC NOTICES AND WARNINGS
Notices posted by a public officer in the performance of a
public duty, or by any person for the purpose of giving legal
notice, and warning or informational signs required or authorized
by governmental regulations.
SEC. 3.32.065: OTHER PUBLIC AGENCY SIGNS
Street signs, traffic signs, emergency Warnings, and the like
erected by a public agency.
-53- ,,;.
SEC. 3.32.070: POLITICAL SIGNS
Any number of non - illuminated political signs, either free-
standing or attached, is permitted, limited to a total sign area
not exceeding six square feet in residential zones and not
exceeding eighteen square feet in other zones. There is no
area limit for political window signs, and their area is in
addition to that allowed for other political signs. No political
sign shall be erected an unreasonable period of time in advance
of the election or convention, and all persons who erect political
signs or who own or control the premises where political signs are
erected, are jointly and severally liable to remove such signs
within 10 days after the election or convention to which tae
sign pertains.
Chapter. 3.33
Prohibited Signs
SEC. 3.33.010: SCOPE
Except as otherwise provided in this Ordinance the signs
described in Chapter 3.33 are prohibited.
SEC. 3.33.015: FLAGS, ETC.
Flags, banners, and objects designed to move with the wind,
except the American flag, the flag of any nation or governmental
entity, or house flags when flown in conjunction with the
American flag, either on the same staff or a separate staff, and
when the house flag is smaller than or equal in size to the
American flag.
-54-
SEC. 3.33.020: LIGHTED SIGNS
Lighted signs that flash on and off, fluctuate or appear to
move.
SEC. 3.33.025: MOVING SIGNS
Signs that rotate or move in any fashion, except barber poles.
SEC. 3.33.030: EXCESSIVELY BRIGHT SIGNS
Lighted signs whose brightness is detrimental to the
reasonable enjoyment of surrounding property or are a traffic
hazard.
SEC. 3.33.035: OBSTRUCTING SIGNS
Signs which prevent free use of a door, window or fire escape,
or obstruct the view from any living area in the building to
which the sign is attached.
SEC. 3.33.040: OBSTRUCTING SIGNS
Signs attached to a standpipe or fire escape.
SEC.3.33.045: OBSTRUCTING SIGNS
Signs located so as to obstruct the view of a traffic sign,
Signal, or device.
SEC. 3.33.050: CONFUSING SIGNS
Signs which might be mistaken for or confuse the viewers
of a traffic light or signal.
SEC. 3.33.055: POSTERS
Placards, posters, announcement and similar signs erected
on any fence, pole, tree, pavement, wall, bus stop, bench, or any
other object in a public thoroughfare, except those of an
official nature as provided in section 3.32.060.
-55-
SEC. 3.33.060: PORTABLE SIGNS
Portable signs placed on any portion of a street, sidewalk
or right -of -way, and signs erected on parked vehicles or trailers
regardless of location.
SEC. 3.33.065: FREEWAY SIGNS
Signs erected for the dominant purpose of being seen by
travelers on a freeway.
SEC. 3.33.070: OFF- PREMISES SIGNS
Off- premises signs, except those authorized by sections
3.32.030 (2), 3.32.070, 3.34.030 and 3.37.015.
SEC. 3.33.075: INDECENT SIGNS
Signs containing any obscene, indecent or immoral matter.
SEC. 3.33.080: PROJECT ED LIGHT SIGNS
Signs which are flashed or projected onto walls or other
structures by means of a projector or other device.
SEC. 3.33.085: BILLBOARDS
Billboards.
SEC. 3.33.090: SIGNS NOT AUTHORIZED
Any sign not specifically authorized in Chapters 3.32,
3.34. 3.37 and 3.38.
Chapter 3.34
Temporary Signs
SEC. 3.34.010: SCOPE
Every sign described in this Chapter 3.34, regardless of the
manner of its construction, is a temporary sign. The number and
-56 -�
area of such signs are regulated only by this chapter and are
in addition to the allowed number and area for other classes of
signs.
SEC. 3.34.015: GRAND OPENING AND SPECIAL EVENT SIGNS
Temporary signs used in conjunction with a grand opening
or special event are permitted as long as the grand opening or
special event does not exceed 45 calendar days and there is an
interval of at least 60 days between events. The total area of
temporary signs may be equal to or less than the total sign area
permitted for the business by Chapter 3.38. The permit shall state
the maximum sign area allowed and the date the sign is to be
removed as set by the erector or this Ordinance, whichever is
more restrictive.
SEC. 3.34.020: SUBDIVISION SIGNS
Non- illuminated, or. -site signs advertising a residential
subdivision are permitted, limited to one double -faced sign not
exceeding an area of 25 square feet per face, placed at a right
angle to the street, or two single -faced signs not exceeding an
area of 25 sauare feet each placed parallel to a street. The
signs shall not be more than 15 feet high and shall be erected
at least 15 feet from a street right -o£ -way line. Additional
signs containing information about the model name or number,
floor plan, area or price are °permitted in residential subdivisions
provided there is not more than one such sign for each model
(not one sign for each example of a model). Signs concerning
-57-
models shall have an area not exceeding three square feet, nor
a height of more than four feet, and shall be located in the
immediate vicinity of an example of the model to which they
refer. The Committee may authorize an off - premises subdivision
sign advertising subdivisions which are not located on a major
arterial street as defined by the Town General Plan. The signs
shall not exceed 18 square feet in area, shall not be more than
15 feet high and shall be erected at least 15 feet from a street
right -of -way line and shall be in a commercial or industrial zone.
Signs authorized by this section shall not be erected until the
subdivision map is recorded and building permits are issued for
the constriction of the project. Signs authorized under this
section shall be removed when occupancy permits have been granted
for 90 per cent of the dwelling units in the development. Off -
premises subdivision signs are an exception to the rules prohibiting
billboards and off - premises signs.
SEC. 3.34.025: LEASE AND RENTAL SIGNS
One single -faced sign, advertising the rental or lease of
a commercial, office, or industrial development to be built in
the future. The sign shall not have an area exceeding 20 square
feet, shall not be more than 15 feet high, and shall be erected
parallel to a street, at least 15 feet from a street right -of -way
line. The sign shall not be erected until a Committee approval
is granted for the erection of the building or buildings and the
sign shall be removed when 70 per cent of the floor area of the
project is occupied.
-58-
SEC -_3 3_4.010: SIGNS QJ 11UD1,TC PRC)PYRTY
The Council may, upon written application, without fee,
issue special permits, under such conditions as it may reasonably
impose, for the display on public property including rights-of-
way, of temporaKy signs or banners of a civic, political,
char itable, educational or religious nature, or in connection
with a festival or patriotic celebration. The conditions may
include a requirement for insurance coverage and any other
pzovision needed to protect the Town from any consequences of
the applicant's acts. This part does not limi� t-he powei� cf-' �lie
Council to issue Encroachment perm in not concerning siyns. nor
empower the Compoil to Prove issuance of Pay o0 or sign permits
CeoL acting us an bppenl body.
SEC. 2.34.035: C09STRUCTION FTOW�
One con ntruction (non-illuminated) sign on a zonAg plot a-,
not more than 32 square feet in total area. No Col sLructjon sig4l
shall be erected prior to the issuance of a building permit, and
each shall be ranoved as soon as a certificate of u3e and cccuparOv
is issued,
S=Urds
SEC. 3.35.020, SUM,
The fOa Lt" winS stOndards prescribed in Chapter 3.35 apply to
all sign approvals.
35.015: COPV
Signs are limited to naming the entity and the kind of
activity conducted on the premises and products and services
offered tocre. Signs may refer to matters not on the premises
only when Chapters 3.30 through 3.39 expressly provide.
I rp
SEC. 3 . 0 1�) ,, \ -I
_)E f s',J
T,_ OR LOGOS
Signs may show trade names or loqos that are not the name
of the entity on the premises, but only vhen such trade name O:C
logo is that of a producL or service Nv7hich is a major part of
the sales or services conducted on the premiers.
SEC. 3l,35,025: IOMRVTIBILITY WITH SURROUNDINM
The design, color and location of each sign shall M compatible
with the architecture of the builoingo on the PreTiscs, in harmony
with the strocturcs and other On the property.
SEC. 5.35.0301 Snnup-
in a shopping center or multi-tenant building, each sign shall
be related to the. other signs in the same center or building by
incorporating at least three of the following six identical
elements:
(1) Material
(2) Letter StYle
(3) Color
(4) illumination
(S) MetIold used for sLrucLural support of attachment
(G) Shape of the entire sign and its components.
SEC. 3.35.035: BACKS AND SUPPORTS
The backs and supports of all signs shall be subdued.
SEC 3.35.040: !LLUMINATION
No portion of the surface of any illuminated sign nor any
visible lamp illuminating a sign shall have a brightness
exceeding 150 fooLlamberLs.
CJ -(__. . 3 � 3 —5,Q 5 DISTRICTS
Muminatee signs with a brigntness more than 30 foot-
landbert-s shall not be execLed nearer than 50 feet from any
point in a residontial district unless the face of tne sign is
not visible from die residential district,
S
Roof inns nusn-
no eraclad VVIV Or) a �'Alnosv pitch is at Mas'r
Ono qoryicol to four horizontal,
(2) Have a face no more than two feet m(njsj.j-.-
vertically,
(3) So located so the to CC'. is parallel to tho cave in
froot of the sign,
(4) Be set no more than eight 1.. nr1... s above the roof,
(5) Be designed and erected so that no part of its face
is highnn than either the peak or an elcvotion five
feet above the cave in -he sign.
UO roof sign nball be approved excopt by the Committee, and
u"less the Committee Finds that a wall n3yn is not feasibic,
-Gl - I
because the wall of the building is set back beneath and
obscured by a porch or roof overhang which is an extension of
and integral with the sloping roof of the building, and that
the sign cannot be suspended between posts or columns supporting
the roof without obstructQ9 safe passage for pedestrians.
SEC. 3,35.055 PROjECOINC SIGNS
Projecting signs shall not project. more than 30 inches from
the wall of a building nor moire than 12 inches into any public
right-of-way. The projection is measured on a Line perpendicular
to to the wall_. All projecting signs which project over a walkway
or public right-of-way shall have a clearance of nine feet above
grade.
E- ll signs 3u pe nded from a sinqla t t _ique J : �'Jn d J. } e t';lforiM
in size, shape, placement and background color::. such nQns may
' �r- and have a
be no more than eight inches in vertical dimension
clearance of at least eight feet above grade.
S1. S FOR TPEATERS
The traditional methods Ot theater advertising 1.S_n` require a
unique type of sign program so the size, location, tion, and number
of signs, including dUrac Lion boards :i_Or a theater, are subject
only to the limitations and provisions in thea conditional use
permit for the theater. Wonnever a3. theater is operated lawfully
but has no conditions! ;z.,. � the signs of that theater which
have been erected on or before the effecti`''- date of this Ordinance
are nonconl }-Indng signs and a con6itional use Permit authorizing
_C }L _
the signs must be obtained or the signs must be abated in the
manner provided in Chapter 3.39,
Chapter_2=136
Specific Standards As
Maximum cz Minimum,
SEC, 3.36.010: SCOPE
All specific regulations for signs in ChapLc—s 3.30
3.39 are the least stringent allowed. For example, numbcr, area,
height and brightness aye maximums and setback and interval
between signs are minimums, On review of a specific application,
the Committee MY reduce the number. area. height, and brightnegs
of other limits below the maximum specifim, cna increase the
sabback, interval and similar specifications, to comply with
standards expreased in Chapters 3,30 �hrough 3.39,
Ch;Rtor 3.37.
in All Zoning Districts
SEQ 1,31010: SO
A sign permit is required for the signs described in this
Chapter 3.37, the number and orca of such signs Pre regWatea
culy by these sections and luhey are allowed in addition to signs
of other classes.
3. 37. 015 s J2 L - 5T.
Non-11. ium2natod diroutional signs nut evcewdinq sue_ squarc
feet in area, nor a height of von fact, and ere at least 100
feet from any othur diremional sign,
-6 3-- "
SEC. 3.37.020: BULLETIN BOARDS
Bulletin boards not exceeding IS square feet in area, nor
height of six feet, when located on the promises of, and used
solely in connection with activities of a church, school or
public building.
SEC. 3 37.02.5 ° (OMily"], —Y DUIDETIN ?BOARDS jND YTOSKS
community-orienLed bulletin boards d_ncL kiosks,
including
service club directory may he located on public property after
review by the Committee and approval of the Council.
chop tor-3 9.
zone ncgulations
SEC. 010: SCOPY-11
This Chapter 3.38 sp.--:cj.F:.s,-3 13 igns whicb may he crected
in each zone. oth er 011a4,4 signs. which by the express provisions
of this ordinance may be erected in all zones. Except where this
Chapter 3.38 specifies, nonconforming uses shall have only those
signs allowed for the zone and not signs w1hich might otherwise
be allowed for similar uses in other zones.
SEC. 1.1 I ,020: RESIDENTIALZONES
In the RC. HR, R-1, R-111, R-D, RM and Fill zones, the following
signs may be erected.
-64-
Class
Land Use of Sian Number of Siqns Total Area
1. Multiple Family
Developments:
a. Less than
wall
One per lot
10 units
signs
frontage
18
sq.
ft.
b. 10 units or.
call
One per lot
more
signs
frontage
24
sq.
ft,
2. Authorized. '.on_.
1^s,1,1
One perlol.
Residential Uses
signs
frontage
24
sq.
ft,
(inc).uding fol-I
creational
activitics,
Ground
one Pcr,
schools, churches,
signs
zoning plot
24
sq.
ft
public utilities,
lawful ncnconform-
ing uses, etc.).
3. Neighborhood
G'r o u, _,, 1 d
identificaticn
signs
locctln��
24
sq.
ft.
siq�s (only for
SUMM''K "D
neighborhoo0-
deneMnatiun
,;'Ah an area 3
by nho
awyc3 &Y morah
Cunmintex:
SEC. 3.3@.050: OFFTCE
The rules for the 0, C-1, c-2. c-c, CH. LH, CM and RP o2 ns.
are specified -in this section. by nuaber in
table and the footnotes. Roles 1 through 3
of the ayea of attached sigrs for each onti
govern the calculation of the to la] aroL of
zoning plot. The nuMered rules apply only
indicates.
lie following list,
govern the calculaMo-n
Ly. Rules 3 through 9
all &igns For each
where the table so
Attached signs may be erected on any wall of the building,
however, the aroa of a sign on a wall thot is not a business
frontage may not excood 25% o the sign area generated by the
primary basincnom frontage. in addition, signs cannot be crectec.
-6 5-
on a nonbusiness frontage wall if thezoning plot is contiguous
to a residential zoning distri and 1: the wall faces that
district.
(1) Sign area is generated in the ratio ofone steam yo«
for each lineal feet ozprimary business frontage >mn
one square foot mz each UPeal ye: of secondary
business frontage pKo » matte sign area generated
by each secondary business m « e cannot iceed50
of the asoaro: generated >y the primary sinew
frontage.
%) :: area is UeneraLed i the ratio ot one square cot
for each !: eal mo:ov primary m ss frontage plus
one-half square foot mz ear lineal o< W secondary
business : sue .
9l The area of signs su ez a from marquees is not
restricted y rule l :mom total si area.
(4) The total area of all signs :ez zoning plot shall not
exceed one square foot _> sign area for cam lineal foot°
of wt frontage.
(S) The total area of all signs on : zoning plot shall <
ed the total area >m>yaGa67 all of the business
frontage.
(6) For mopD« rwa the area ofa ground si is
not restricLed «x any rule limiting total ate area on
e 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 ruG! :tins total sign area,
(A The area of any attraclion board shall be included in
the calcalation of the area of signs of tie same class
din the calmlation of the total area of sigDs on a
parce«
p td
&W-1
LOT
All
all
FF
t-Z
A 7
Jn
I la 1>
I I I cj I
SEC. 3.38.040: I?L7ll\?NED DEVELOPMENT COMBINING_ ZONE
Those signs shoran on the precise plan referred to in
sections 4.82.170 through 4.82.160
When d torft:ining whether to apprOv,
plan, the Committee shall apply by
most restrictive zone, in which the
pertain would be allowed,
SEC. 3.39.010; SCOPE
may be erected in the PD zone.
the signs shown On the pros: se
analogy the standards of the
use to which the sign will
F_ha. ri_cr_ 3. ;9
Nonconforming Signs
This Chapter 3,39 requiates the use and removal of .ion_
conformdng, unlawfal, ant abandoned signs.
. _ -_.— �.. - �,_ S i ' it S
The following modifications to nonconforming signs ars
allowed:
(1) Changer. i- 1 sign copy,
(2) Modifications icat? ons to -1t rod ice the eyt£'Jl. {. to which the sign
does not comply with the Zoning Ordinance,.
No modifica'cion of a nonconforming sign shall have any of -ecL of
the leY ?.c {t17. of the amortization . 1.erlt» for the S1g:.
SEC. 3.39.020: RYCOR.:o or 1v0' Si '-b
On or before April l 15, 1976 the Planning D :.rE r t. it shall
prepare a list of all S1. i , _s the Town 'y,i111.G h on October 1.5,
1975
<. i °f_`. nonconforming signs,
SEC. 3.39.02.5° MATi,TNG_OF NOTICES
On or before the date shown in the section 3.39.030 schedule
the Planning 'Director shall mail a notice by certified return
receipt mail to the occupant business, if known, and to the
owner (as shown on the last equalized assessment roll) of the
land where each sign on the April 1.5, 1976 list is 'located. The
notice shall contain:
(1) A description ipti_on of the la l i the sign is located a.nd
a description oC t.ne Sig(, k ,ti: in terms reasonably
Sili1;71.eIlt for the G5vn ^cr t0 1(;.F'la ".1 { ?' the SAW-
(2) A statement that the sign is a nonc onlorming sign.
(3) The apWicDblc> daLo for removal of the sign under the
provisions of section 3. 39 AS5.
Lllfoa:ltlti(`n ocnce?Pi.ncr more than one sign, cUlO in or aLi.on
concerning separare amortization CAatss for diffcacnt charact..e i 1 _CE:i
o � � signs, s ara �.el stated, may he. included
,, one o r more single 1e. � � - 1
in a single notice. if the Planning sr rector subsequently learns
{ any reason e his not �ticin the notice. 7. 'n a timely manner,
that _C�r - -
or that notice given is '' fictive in any way, he shall promptly
mail a proper notice to the occ unant an& owner, even ir the
roqular time for notification hns exp re&.. Notice MJ_1. d aft"
the time required by `ry'i is section meets the requirements of
secti.0n 3.39.035 and is effective to st.ar't, the time Peri Obi
provided in section 3.39.040.
SEC 3.39.030° Sr it l FOR ",l ICn z ON''
First Notice;
( 1_) Painted on wall signs, exce. i W!
brightness ok signn 0o 3 cW
signs susponded from 3 IZ rq a thine 30, 1976
-7G-
(2) Freestanding signs,, wall signs,
projecting signs and all signs
not otherwise specified in this
section; June 30, 1977
(3) Signs where a total area of all
signs on a building or zoning plot
exceed permitted area-, June 30, 1977
Second Notice:
Nine months before date of removal.
SEC. 3.39.035: EFFECT OF MAILING OF NOTICES
Notice mailed as provided in section 3.39,025 is deemed to be
notice to the owners of nonconforming signs and to all persons
h.::vin, any right, title or interest therein. The mailing of
notices is intended as a convenience to sign owners. However,
no fc.l.iti.re to give notice S.tlali invalidate any proceeding to
enforce i;h"s Ordinance, to abate any sign or to punish any sign
violation.
SPEC. 3.39.040: DURATION OF N'ONCO JPOR`MING SIGN STATUS
Nonconforming signs which are nonconforming signs on
October 15, 1975 shall continue to be nonconforming signs until
the dates shown for the various classes of signs on the following
schedule:
(1) Painted on wall signs, excessive
brightness of signs, roof signs,
signs suspended from a marquee
(2) Freestanding signs, wall" signs,
projectinc, signs and all signs not
otherwise specified in this section
-71-
February 28, 1975
'ebruary 28, 1981.
(3) Signs where total area of all
signs on a building or zoning
plot exceed permitted area! February 28, 19`31
SEC.
A nonconforming sign which becoi-a-'s nonconforming on or
after October 16, 1975 shall be & nonconforming sigh for the
applicable period shown an the f011uving s"Odul"
(1) Painted on wail signs, exccMive
brightness of signs, roof signs,
signs suspended tram a margane: 2
year;
(2) FreestaMing signs, wall signs,
projecting signs and all signs not
otheywiso specified in Ws section: 5 yeaI2
(3) Signs where total area of all siYOL
on a building or zoning Plot Oxceec,
permitted area. 5 Inars
within six months of the date when a siqn described in
section 3.39, t}45 becomes a nonconforming sign. the Planning
Director shall add Itne sign to he list of noncaptorming signs,
and mail notices in the nanncr specified in section 3.39.025,
and such notices shall have the samR effects as tho notices
provided for other nonconforming signs.
SEC.__3.39.055a EXTENSION_OF NONCONFORMING SIGN STATUS
During the deliberations on the provisions of this Ordinance
concerning signs, it was determined that this Ordinance should
not include provisions for granting extensions of nonconforming
status since the basic periods for nonconforming status were
extended by the same number of years originally proposed for
allowable extension.
SEC_ 3_39_060; REMOVAL OF UNLZ WFJL SIGNS
Any sign erecteu or maintained contrary to the provisions
of Chapter 3.30 through 3.39 or any other Ordinance of the Town
of Los Cates including unlawfully erected signs, and formerly
nonconforing icn whose nonconforming status has
terminnted-
is in its entirety an unlawfu.l sign. The provisions of sections
5.70.0 40 a.1d 3.70.050 of this n r�.-
7
Orc,ira ce are ��icablc to unla wful
signs, and to those Who erect or maintain Ehei!1.
SEC_ 3.39.06, 5. ABANDONED SIGNS.
The owner must have all copy removed from an abandoned sign
and the sign shall remain blank until a new entity has occupied
the premises. Further, if any sign has been abandoned for a
period Of One year the owner shall remove the sign and any
appurtenant Structures.
SEC . 3 > 39 , 0 ?0 M.A1NTr NXN-:Q
All signs shall be maintained and kept in repair and shall
be painted and repainted at reasonable intervals. If the owner
fails to comply, alter ten days' written notice by the Planning
Director, or his duly appointed Deputy, to so maintain said signs,
the Planning Director .shall have One Sign removed at the owner's
enpen.se
-73- r:
Chapter 3.40
Parting Requirements
SEC. 40.010-: 1NTENT
Chapters 3.40 through 3.
for off-street parking spaces
the development of off-street
street and traffic Con geLti=
attractively-icsign2d parhing
3 rcqulate the ru0ber and standards,
required by this Ordinance, and
parYing spaces in ordcr to reduce,
and to provide suzely and
facilities which are compatible
with the suirroanding land uses.
SEC. 3.40.020r IMMIT17"M
The definitions Eet forth in sections 3.40.030 thrcu&�
3,40.050 shall govarr, t,,je, ohaptays 3.40 thronucrj
3 . 4 3 .
SM, 3=40,030: jYT3rR,2F W_r
Number of emoloyawn an Me qrfea--est of
employed on any given pxemises during any one peziod of the day
or night.
SEC. SAMOA: Ow"OTREET
off-street parking space means an are3, other than a public
street, rEserved or set awde Or t"2 Vemporary parkirg OA one
thor motnr vehinja unser ono and one-half tons,
excluding off struct loading zpacn.
SEC,
DOWntOwn Core arOv MOOns " 900qraPh"al area of the Tow-r2
shc."vn shac".cd in the MIOWAg may.
rti
-5 0
Az
LA
ry
.SEC ._._n40,00: _U.R OF -LAND -AN-D JYUTtqjNGIIS
No use of land shall hereaf tar he commenced, no building or
structure shall hereafter be erected, constructed or moved
within or on any jot or parcel of land for any use or purpoP02
and no existing land or building vse other than a lawEul non-
confomming use as to the requireninots ot CTiapt.ers 3:40
3.43 shall continue unless 3ff-3trent parting spaces are providWI
and maintained is accordance A-0n. th° 'qP :j rcmentq of Cl! aptere
3.40 through 3.43. No building or moving permit sholl he issu&'.
t?). ESS Ybe requiremepts of Chapters 3.40 through 3,43 a -o :',hawn
on the plans and application sobs dtLed for said permit. mnd no
final inspection or authorization Eor ntility service stall be
given a nti) the reqolreanncs of CmIters 3.40 through 3.43 for
tbo use requested have hPon Mot-
SEC, T 1 ON UP USM
No building up use which is a iawful nonco iii brAing usO as
to the requizcmeMs of Chapters 3.40 througb 3.43 shall he ex "?"(l
through an increase in the rumbcr of living units or gross floov
area, or ::1.:,d {.tied or changed througn an increase in seating
capacity, nupbor of persons employed or Mhcrwi_se, 1< L'uc
nj-Tn,0cy- -street parking spares neco"sitated VY
. uf �doiticnRl off
such remodeling. czpansion. modnfication or change under tne
provisions of Chapters 3.40 through 3.43 are provided.
SEC, 3.jQQQz ERACTIONS
if too number of requirM off.street parking Fpaceo ccntwino'
a fraction, such numbor shall be chanqed to the nnaresL higher
whole number.
_16-1
SEC. 3.40.090e MIXED USES
When mixed uses are located on the same lot or parcel, or
within the same building, the sum total of the required parking
for the individual use shall apply.
SEC. 0
3.40.10: SPACES ).-'OP ONE USE _ I I - Oti T, Y
An off- street parking space for one use shall not be
considered to provide a required offstreet pa.2:king space for
any other -use, except in the case of an alternating use approved
by the as hcrcinaftcr pyo-vided.
SEC. 3,40.110. CO)AMT�RCIAL OPPRA 101t OF Pj_':RKTNG SPACES
All pjivatelycrened off-st_reet parkinq spaces required to be
aed by Cha)'ers 3.20, th-roia,' 3.43, or rc,qu)ired by any
approval authori zed. by this Or-dina.nce, sh =ill be
operated charge to Lhe user'ti �Tlcreof. N'o urlvatelyowned
parkli?q lot v-hicil contains siAlch slccs shal-I be oL."erated
Cojjmje�_C4 ally or wider a validation system wb.crebv park-ers
patroniz-ing bus-inesses for <,,Thich the space.s are provid(-!d are
a.&naitted to the loll-, frec of charge or at --educed charges and
other packers axe cha.-,•gcd a fee, and the admission of vehicles
to su(-T1 lots shall no'C be restricted by gates or other physical
means during per�r)ds G-,Then the use o- uses for 1which the spaces
are r,.,.qU- 4 -rcd are in operation. ']'he prov3 . s:;,ons of this section
shall not be deoii-,-d to prohi';D-'it t17e __S,41,g of signs a'- entrances
saCh pan ing lots identif
_y,,,ng Utac s)usi-nesses Cr uses for
'whooe bene�_it- th�,, loLs a--e opC.rated a_nd prohibiLing othc�r pa:c!"ing
under threat of
Chatter 3.41.
Pumbor of Off-StreeIt
Parking Spaces Required
SEC. 3.41.010: INTETT
The regulations contained in this Chapter 3041 are intended
to insurc the provision of a sufficient number of off-street
parking spnces privuLaly owned anj operated to 8c'.. Jsfy nce&�
generated by permissible uses in all qeogral,:�hics_" areas o' t'he
Town other than the Oo•ntewn care area. of `_-1he a'qc "_-f
buildings, Limiter area avaAahle for d0v0l0Pm0nL, and limit"-_1
plarn for traMe circulation develormaDI in the downtowo care
area, the requirements prescKhad hsrain ore no! intOnSOd to
satisfy the demand for off-stinat POTKing 90nervtaW by M uses
therein. Rather, Muc requ0nmorM nza Mandw w provida a
limited aumber W ard opwraind off-snuct parking
spaces in the downtown care areo carskstont with Eke highor
purposos of preserving the anon an a and
attractive contpinx with maximum utilizatiOn Of Open Mace-
Additional need for off-street panting spaces in Ne downtown core
area is inLended to be saUrfica Urough the deve3opment W
publicly-owned and fjnana4d polking facilities.
SEC. 3.41.020:
The mininaam, -nu xlsr of off-stzcct parking spacss required for,
uses on pnoperti.es Jr i-ho dcwyjIe-.,aj _,n7c area shall bn one park3n,-
spacm for each 325 square Met of glass do-c',' :L 'E LA'a use is
housud in a building or struvLayw, nz onc parking spaca tor each
325 square feet of gross space occupied by a use established in
an unenclo•sed area, subject: to the following exception. Where
a building or structure existed on January 1, 1974, the minimum
ziamber of additional off - street parking spaces required. because
of post-- Jant_zai:y 1, 1974 increases in the f=loor area of such
building or structure shall be one parking space for each 325
square feet of the gross floor area of the increase.
3 . . t 17aM:1NG R ^IQ'(iT v [.(TS IN OTTIE", AREAS
j.hrO'ughOu "L the. `I'o,'�Jn ot'_ler than -in .2he downto;"In core area,
%.'C!e Ttt l.ili., mum nuiilbe- Of off - street parking spaces requi'�ed ].3 se:t
in this sac'i on. . in the case of a use not- specifically m-ntionect
:iI"i '•;: -1135 SF'.Ct10r;, the rF-ql:lic.mEY,,. t.> for t1 y.:ie'L u:-3c mentioned in LLi ^_..L>
.if -i C'L i.Oia vJi13 C".1 t.hr_ t0 be 'Cho mca ,..`.'L.rl v
.1_.n,i I a.r on,e bc: apP1.3_caU l' e .
(I) __._jgIe farjj lyF_e. i- Aen tDial cc tty .Cl_niiLi_ c1r(a :WO _IiL:'y7
11 ngs, taco Narking s},aCeS for each ,rvinq unit.
{2) Mnultir,le -unit dwellings: one and One-half times t =3e
numb= of I. wing units in such c:w.el1__ngs.
(•) H els Zoo c is and ,t_o courts, one parking space for
each guest t -oom or so te, Pius one xta. king space for
eacYl emi ploype,
(�S) 7.t) +C'� .l ct houses, bo rai 5 t ;OtJ� _ , ?-t Rte raj ty houses and
men's CIOZ.rtitories - one p= arcing space for each two beds
an such building, j3 it . (J le spdcc for each cmplos ev .
(5) women Is dortitories: one parking
I _ _jDj_
space for each four beds, plus one parking space for
each employee.
16, yspjtais: one and ono-ha!(' 7 T "Y::L "IC) spaces for each
bed.
(7) SaniLaAums, Vanes a- d' Kept homes,
one parking space per two and on -halt bnds-
pljoal,or dental clinic Or Office: five parking spaces
for each doctor or dentist.
sbons: ore parkiog
Sp?' e for each 235 square fent OF gross floor are"
financial
c S _;ce 'essiopy! oFficas, banks,
-
ic
"07va
- --------_- - -- _- - --
pgoncloq- anA sm-dios. soo jork"M slace Usu each 21'
squa-s fact Uf yrnss Man arcn.
fornD - -0--coo vrd furniture repahr
shons: one parking spnce for each 350 square feet 0).
gross floor area.
(1 211 _100-AWAY -Sal W one parking
space for PaM 470 sqoare Toot 02 gross flon- area.
ar,,S, tyc parking synouv inr each emplojee.
stations and L. z�pair and auto scrvAuc
usinciscs: tic parking spaces for each greace rac!',
or working hay. plus one porkinq snace for ea ewploYne
(15) Public eating establishments, taverns, and nightclubs:
one parking space for each three seats in such public
eating establishments, tavern or nightclub.
(16) Wholesale establishments and warehouses! one parking
space for each 2,350 square feet of gross floor area,
plus one space for each company vehicle used in the
operation of such establishment or warehouse.
(17) Manufacturing plants, _ma chin eshop s,_Zp s c arch or te-
- i
laboratories, bottlinq Plants and printinq Ala its:
-- ----- ----
one parking space for each one and one-half employees,
plus one parking space for each company vehicle used in
the operation of such plant, shop or laboratory,
(18) Finneral hones and mortuaries: one parking space for each
700 square feet of gross floor area, plus one parking
space for each employee and one jarkinq space for each
company vehicle used in the operation of such home or
mortuary.
(19) Community centers and librarics• one parking space for
each 590 square feet of gross floor area, plus one
parking space for each employee,
(20) Post offices: one parking space for each 235 square
feet of gross floor area, plus one parking space for
each employee, and one for each official vehicle.
(21) Private clubs _and .3,.o_&_eves: one parking space for each
350 square feet of gross floor area, pluo one parking
space for each 350 square feet of outside areas employed
_ 81
for purposes oC assembly and meeting by the members
and guests of such clubs and lodges, plus one parking
space for each 590 sqoare feet of outside areas
developed for recreational FQUOsOs, such as gardens,
swimming pools, park areas and assembly areas,
excepting golf course playing area and similar field
Sports,
(221 El-ew-C"'Ita-KY S_QOP10'7 one parking space for each employee.and
if such school bas an auditorium
parking space for each tnree and
in such auditorium. plus one Par
six linear feat of fixed boncbes
space for each 35 5quarn feet of
such auditorium.
there shall be one
one-half fixed seats
wing space for each
therein. or ono parking
rows floor area in
high ncho ano parking Lpace
for each ewplcyoc, and if such school has
there shall be cne parking space cr each
one-half fixed seats in such auditorium,
parking space for each six linear foot of
tborain, or one parkinq space for each 35
O f gross floor arms yn such auditorium,
an vudltorloa
three and
Aus one
fixed bonchns,
square Not
(24) i.1 Gt1 i1 O to i one parking space or each employee, p lu3
one parking space for each seven studGhts in such high
school and if such school has an auditorium there shall
be one parking space for each three and one-half fixed
-S2--
seats in such auditorium plus one parking space for
each six linear feet of fixed benches therein, or one
parking space for each 35 square feet of gross floor
area in such auditorium.
(25) Col-leyes: one parking space for each employee, plus on'v
parking spaco for each three students in such college,
and if such college hos an auditorium, there shall he
one park. i -ng space for each three and one-half fixed
seats in such auditorium, plus one parking space for
each six linear feet of fixed benches therein. or one
paMing space for each 35 square feet cf gross floor c
building used separaLcly, or toqeLher with any othe,_-
building, for worship.
(2 %) Uplying—lan-cs: seven parking spaces for each lane in
each e3tablishmant.
(25) PoWtorioms, theaters sporrq arenas stadiums and
-----------
assembly WiLh or without Kxnd seats:
one
parking spacc for each th,Ycc and one-half fixed seats
an such premises, plus one parking space for each six
linear feet of fixed honches on said premises, or one
parting space for seen 35 square feet of gross floor
area.
-83--
such awditozium,
C25)
Churchaoi ono
space for It
parking
ea&-j 7 scE�t�,_
building used separaLcly, or toqeLher with any othe,_-
building, for worship.
(2 %) Uplying—lan-cs: seven parking spaces for each lane in
each e3tablishmant.
(25) PoWtorioms, theaters sporrq arenas stadiums and
-----------
assembly WiLh or without Kxnd seats:
one
parking spacc for each th,Ycc and one-half fixed seats
an such premises, plus one parking space for each six
linear feet of fixed honches on said premises, or one
parting space for seen 35 square feet of gross floor
area.
-83--
SEC. 13- 4 0: SENTOR
CITMUNH EDE
, PIA COMPLEX
,
in connection with an application for architecLuro and
site approval or a rosiaanzial complex consisting of Our or
more units denigned and Mcnied for occupancy by senior Citizens,
the C ... ittec may reduce the numser of required off-street
payking vparwn. Any ecter min atinn Q the COmmi"ee to so reduce
1jo off.street parking requiromnucs obWl be accowpanied Q
the fullowAny CAndinclsf,
(1)
That
the comnlcr-
for which
anducLion
is requested
eNhibin
a design
and location
specikically
suited for
senior wtWon ocruparcy,
n cv1,0upton p-ro arr n&Y
awn:VVe 1"Fo7wWoo is n UnUMI 'CC I to
the nccd for 0 t
ap tiro veo.
pfovision to madn wx -_s _- M
a icy loyve Farhing in a0ditiOn to those spaces PrOv"d
in rusnonsa to tenant noWs.
Nov raqunqr Vor paiking reduction in connection -a-i-Lh tlao,
of thjq scatinn shall hu vs(nnnanind by written Fs2urDnco from
ownacs of prop-ryy for "Mch rcqueOt is mads acknowlelging
!jy vvaucLlon is opplicab3w ONY in connection -,aLth
sn't ... j,, itlyn, occupancy and that ~so of aDy units
,j thi n In RpprourS cnnploz for other f an sen3 or A ti zons
o0cDparcy Rhall require a fell compilance AS requirement of
this ordinance for ofi.strest. parking in connection with standard
C' 1W) uBays
-84--
SEC,_3.41.050: HISTORTCAL BUILDIYGS
Where off-street parking requirements imposed by Chapters
3.40 through 3.43 will not permit the restoration, expansion or
change of use of historically valuable or architecturally
desirable buildings, Duthorization may be granted by means of
a conditional use permit to eliminate, reduce 01 provide for
alternate means of parking.
MTERNATYNG USES
'2cC may approve a conditional use poxmit for
AtOy"ating use of oft-street parking spaces in lieu of the
provision of parking space,.3 oL'herwise required by Mphers 3.4n
through 3.43 where certain uscs Parwod py ccnrc;on
parking spaces generate parking damunds jAuarily during hours
when wo reNaining uses are not in onarninn, 90a
shall first iind that the alternatnng use of such spacua wjjj
not result in the effective provision of fewer ujf.stLoeL;
parking spaces Man xequired by Chapteys 3,40 thyaugh
and may impose such conditions upon its approval as are necessary
to guaranLee suci-, firding. including the following-
(1) Submission of satisfactory statemems by the paxty a.-
parties providing the prnposed alternating parking-
describing the uses and .hair timac of operation, and
sbowing Ittie absence of confiie- , ,, --, y L -, -
i beil� e) ]Icm'
(2) Written agreements tl)e parties setting faith thc
terms and conditions under which thc off.strcot parking-
spaces will be opprated'-
(3) pocuments showing WaintenMcc PYOV"ons; and
(4) other documents or covalinents J00100i necessary by C
Committee.
serve
.,ever off-street parking spaces r, authorized in
alternating uses, the number OF spaccs roquircd shall he based
upon '7he use wdcb goncyate's, I
SEC. 3.41.070- 1:1 PARKINS
For any building situated om 3 lot which is within a public
parkinq dis&ict, the nu,her ok off.sweet Parking spaces
required to be provided shnil he ns WIlOwsr
(a) whzn the gross floor area at the Wilding does n=
axpooR the arca oY tic bUjIv7bK M�;`Jy Op " 2ny"n'g
YIOL UPAM 1�j(K the HVIINna �s cr will b" "it"Wtqdz
fV,,t... k ninly ho ncVYjrq,f.
(2) than M. s5 f)Q,, ran c bulJoIrg do-Y nxcond
the area of the buildable oorVon of the zon"M Plot--
upon which the buildinq is or will be si=Lod, the
rMnjoey of offs 7,,.31:. porkinq s•mces vegu&ed &I the
buiming s-nell he tjhW MLLLWOCa r tWeW Ke L"I
nUMhCr OC Zor 2a id
WOU19 Let Mq7iLM
cxCMjtiCn provAdrd fs-
hero:n, a-d the no-h-r of spanes ezenviod pursunlY if-)
part (1) Above. As to huMaIngs MysLea On ints
arc, net jt in Lb o downtown c"re arna the number
of off-street parkinq syacnH exemmed pursuant to
pant (1) above shall by a,cwrtaincd by attributhig
as the exempt use or uses those uses which are
proposed to be made of the first story of the
building plus such other use or uses within the building
as are specified by the Committee for exempted area
remaining after considering the area of the proposed
first story.
MC. —3.41.075: DEFINITIONS
For purposes of section 3.?K070 the following definitions
and regulaticns apply..
(1) When only part of a parcel upon VAich a building is
situated is V,,iLLin 0 blic parking distKict and
Matter Pa"L is n0t, I.hat portion situaLed within the
district all be Lreated as the zoning plot for
(2) Ube term "buildable portion of a zoning plot'.'' shal-i�
include all that area of a zoning pictj under - 0
ordinances applicable at the time of development js
authorized to be covered by buildiDgS,,
(3) The Planning Director shall maintain records doscrihin,J
Chose "Luts or portions thereof upon which exenytions
under this section have been utAlized. Thereafter,
exemption E pursoant to this section for future development
Of such lots or portions the shall be authorize6
only to the Mtent that area remains for which off-
street Parhing space Snomptions have not been or are
not being "Lilized.
-87- ,
42
Develcpment Standards
sm, 3.42.0 LOC' IP _� --- Py"ON ------ Sa
I
Rnquixed oFf-street parting spaces Tay he either indoors
or ,taoors. Except as otherwise piovided in Chaptvrs 3.40
tbiough 3.41, ell o&-UrL AQW9 POC(;! y j 11, D c;) saT -, e
zop,-ipg pint as the upc for whic! tiny ura provided. All ON
,t,oct patting spaces shall be at lus-st tOn Act qistnnt from a
strcst or jive feet disLant from an alley MqLL-of-wal- liun.
A = rid itionHl use permit may be issues sutMorizing Lho
lonaKon of ojf.stxeeL parking rpa=A on v sePkfuce zoning VOL
fnpm CC c nr whicy tip use TOT MCA the, are ProvW05 VI
Sit"aPPA7 0-oviono that sold WL OK Parrol QUII not ba Oazthe_
,Av Too yo-t jin�ory 1rom bnj!dinm� st:Yrfanox, or Pse 14AI
VOTCh We Forhino Sparej cry Providod. uccn spacps ena tw
orivoways ti yefox shall he de&yned, developed and maincaineC'.
j, accoydance with the atandardq eortaKud Im Chalte" "0 "Ongh
3.03. if such Gff-sitc rarking sPacc3 aye to PrOvido
f,,jjjCjes Eor two or more buildiiq3 or uses, the total ns"ar
of required spocna shall not OP loss WOO the !PFal sum Of Khe
varYous 4WKW-a? rcvq cOMWO" "PO"Pt" PonaMpos or
OlTroval nav include agrcemcnts. commitments OY Oth"'
conditiono necessary to insure tpat the cff-site park!ng spaces
a:e ultiiizod in Q- PurPOse for which Chey warc
e aapprova, au evulopand winVALed A accordaDco wUh W,
requirements op chopterT 3.10 through 3.41,
-Ey-
SEC. 3.42_020: STANDARDS- FOR DEVE10MENT
All permanent Off-street parking spaces, lots, garages and
other areas,
. %%inether publicly or privately ownc_d, and %v-hether
operated co: iaerciaily or pursuant to the req�_-. _ ),- ,, 0
; - r emen t _, of
Chapters 3.40 throe l:7. V.43, shall be developed parsuant to the
standards contained in tho following sections aPQ shall he
subject to the review an& approval of th,,' c�o.,tr.i_ttsc, Whcre
development standards are prescribed elsewhere partayning to
yards and landscaping, fencing or lighting, 6cd they arc more
stringent than thone J_-,,sted in elllp'Lers 3,40 tliroag�-�
3,4i,
the more stringent standards shall apply.,
0if-st1eet parking must be cnDnevted no Lyrenns oy njlovc�
by drivewayc which uonpl.��, �i, 'he follcwing YoQuirament3.
(1) Drive _,_CjVC net V( rs '_,"7,, PpykjaD SpnCa.,
shall be at Most ten foet uide it tAPy provide Qth2:,_-
ingress or egress only, and nut less than 18 feet Wee
if they provide both ingress and egress. The Plannino
Director may aaLhorize a reducticn in o1
driveways if he finds that conditions Pake the 18 foot
requirement impractical,
(2) Driveways which serve more than We and not hare Mn.
ten parking spaces 2hall be at least Len feet wide M,-
th,Ry provi(lie either ingress or cTrcss only, and not less
than 18 feet wide i C they pxovjdn ingress, and egress,
_P9__
(3) Driveways WhAC"I' serVC M01--o than ten and not more than 25
parking spaces shall be At least 11 fcc'L W.-ide, if they
provide either ingrass or 09vess Only, and not 1es3 than
20 feet wide iE they proviae both inpress and egress.
(4) Driveways which serve more than 25 parting spaces shall
be 7 least 12 feet w'30 Y they provide either WgreSS
.. ...... nn3v, and j-,oL jc.,.�; C. _L 02 feet wide if they
providc> v C l ingress ard egicas.
(5) Tho minimum distanoe from 0 0011, fence or similar
obstacle tn the edge of ry Privcway chaal he two feeK
%) All driv-waYs less thnn 18 Wet in wid" and more uban
159 Wev io W-90
axPaS W PYL"wnt L
weop-10- in SM-4 r
and CDnSfrIW:Wd vio
wlecror of Public
sboll
in nha
Wo-
A'104
KorV
on javolopod wilk turn-cacl
1OCKOW Oq nucnnE [D ymarYPAQ
at g"Ch ?n0nWSTQ Ono deSSOPPO
Canduran PTT Nod by Erc
(0) VouA a gvrEge or campo"t Wens Onto a sty"t (excluding
ailcys) the langth, of W drivCWRY shall not be less
than 25 feot,
(H) Unless evverwPo auh5nOv-6 17 We Are Marshal. a
vcrUcal clearance 01 rt Nact 12 feet rhall be mpintained
ahove all drivoways.
(9) Unless otherwisc auhnnnized hy the Are Marshal, a.
drivEway in exccsw of 150 YCOL '.'hali c.L
1casL a 45 foot outzit" tadnu,,
-Go-
SEC _ 3.42_ 040 z SIZE AND LOCATION OF SPACES AND AISLES
All parking spaces and aisles shall conform to the
following standards:
(1) For the purpose of d term niing parking space dimensions,
the front limit of the space : h;.',-li be 'Lhe face of any
wall or barwier (bumper height or hi_gher) � if no such
wall or barrier exists, the front limit shall be a
line perpendicular- to the side line of the space,
two feet forward of Me . uce of curb or 4 i ee i sta-p.
(2) Ml parting spaces shall be at l'east nine feet by
Lent. All aisle wi.dlths shall be a minimum of 12 feet
f ? < l - 2 _
._C O)EC'. -� � ,_�. .o, and c_ ➢1 Lr CIIlIli _ r.. �. , '_ti. 2n�" .::dJ-.�7.;.4
a sacs,
( , ) Pc P ,. ,:ig 2POW width Ssi .i. J _ in incroacna t7 L <'t_: iL... if
adycenL on one side to a wall, funce, hongs a,:
structure; and to ll_ feet if adja-c.=rr on 'not' to
such walls, fences. hedges < i structures,
.' Off-street JalC1 nU spaces paidll:1 aisle shall
1
be a -. t least 21 f(,C' -fv in 1 --.3Y1 cS -;:l.
,J A:L -fie widths and stall M_ / -, F9i may be interpolated ir!Tt
the fol.loa, -,.r;q s.;,`iec, +Ule.
Depth of stall,
perpendicular Minimum width of
Angle of stall to aisle one -way aisles
Degree Feet Feet
Parallel parking
9.0
12.0
30
17.8
12.0
35
18.8
12.0
37
19.3
12.0
40
19.8
12.0
45
20.5
13.0
50
21.1
13.0
55
21.5
14.0
60
21,8
15.0
65
21,9
16.0
70
21.9
18.0
75
21.6
20.0
80
21.3
22.0
85
20.7
24.0
90
20.0
26.0
(6) When the configuration of the property or the location
of existing structures constrict design of parking areas,
the Committee shall '_lave the power to r,,,odify parking stall
and aisle wid %t. dimensions, provided that the applicant
can de:POnstrate �_-'.e tylod'; Eication iaoul.d not imlDair -
function of the parking area.
(7) parking space boundaries shall be delineated by double
striping. Eacn doub ie stripe shall consist of two four
inch lines, separated. by an 18 inch space.
;8) Diagonal parking is encouraged wherever possible but
shall be discouraged from having tac -way aisles.
(9) One -way aisles shall not dead -end. Dead -ends on two -way
aisles are permissible if turn- around space is provided.
(10) The minimum inside turning radius for aisles and islands
shall be 20 feet.
(11) Off- street parking shall have maneuvering areas adequate
to eliminate aisl.e -to -aisle circulation via the street.
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(12) Off-street parking ayeas, except for single family
residences, shall be designed
automobiles from backing onto
family residnDcen fronting on
have adequate provisions Lo p
from backing onto punets,
so as to
SI:rcets
arterial
:ohi ii: it a
prohibit
Sing2c
streets shall
Momobiles
All outdoor off-street naxking spac2s, dyivownya and
maneuvering areas hereafter con structcd i.l be improved with
a compacted base not loss than four inches (nick surfaced witi-+
asphalt or Portland cement, concrete pavomont or other vnrfacin,f
approved by Us Divewoor of Public works. Th" p wcd area nha3-,_
J e proviOnd with Ara Anago Mcijinns app,sves b, the DirccLny
Public Works adcaunue to dispose oi all auccMnlauza Sulfaco Worar,
3.42.UM LY&TTIT3,
All parking area ligLting W&HUss shall C nfcr"';n l
following stancards-
(1) All Patting lot lighting fixtures hayeafter erecto-6,
aball be of a design, lorarion And Ankersits,
I
approvej by the Ccrmincn
(2) Any ana all lightinq facilities hereafter erected,
COOSHUCted or Us"a for, or in connec'L;-ot,
off-sUeet parkQg spaces locatcd in, or atjacont La,
any residential zone shall be so �rrnngcd and shIcIded
that Y"ht will he reviecceS away from lands 3ccaW6
in such residonUal 2ove,
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SEC. 3.42.070: SCREENING AND LANDSCAPING
(1) All outdoor off - street parking spaces hereafter
constructed shall be screened on all sides which
adjoin, face, or are across the street from properties
situated in any residential zone or properties
developed with a residential use, except as may be
waived by the Committee. The design of all screening
shall be approved by the Planning Director.
(2) In all cases where a parking lot is adjacent to a street,
a minimum ter_ foot landscaped buffer is required. A
f
minimum five £ooh landscaped buffer is required in all
cases where the parking lot is adjacent to a side or
rear yard property line or alley. The required width
Of landscaped buffers is exclusive of any fencing or
curbing. when curbs enclosing the landscape area serve
as wheelstops, an additional two feet of landscape
width is required.
(3) All portions of the parking area not used for automobile
maneuvering and parking or for pedestrian walkways shall
be landscaped and maintained.
(4) All landscaped areas shall be prov -,ied with complete
irrigation facilities and shall be permanently maintained.
(5) A minimum of five to ten per cent of the interior of all
parking areas shall be landscaped. The percentage
required will depend upon the quality of the landscaping,
subject to Committee approval. Interior landscaping
may not include the required landscape buffers. The
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minimum width of interior landscape area is five feet,
exclusive of curbs and overhang allowances.
(611 Parking stalls placed in a consecutive series shall
be broken with landscaped areas. The location of the
landscaped areas shall be considered as part of
architecture and site approval.
(7) Trees shall be a major design element in all parking
lots. Tree spacing shall be subject to the approval
of the C) n .ti ttee taking into account the species
utilized, but in no case shall spacing exceed 40 feet.
(8) The Committwe shal! review plane for off-strecL
Parking areas to insure that thope are no sight
obstrucLions which oould interfere with safe
pedestUan and vehicular traffic.
S
All landscaped areas shall he completely enclosed by a six
inch continuous concrete curb
ba used as wheel stops.
Whenever possible, curbs shall
All oVi-stract parking areas hereafter constructed shall
have curbs or v,771nccj_ slops approved by the Planning Director,
and shall be provided with entrance, exit and traffic flow
markings so arranged and marked as to provide for orderly and
safe parking of automobiles and as approved by the Director of
Public works.
5Q,,3.42.090: PEDESTRIAN C! MAJLATFO,„,!
Off-street parr ing areas shall provide for adequate
pedestrian c0culation.
--95_ ✓
SEC. 3.42.100: TEMPORARY OFF - STREET PARKING LOTS
The Town of Los Gatos, as a governmental agency, may after
first securing architecture and site approval pursuant to the
provisions of sections 3.42.030 through 3.42.080 create and
operate temporary public off-street parking lots developed without
strict compliance with the standards for development of off - street
parking lots prescribed by sections 3.42.030 through 3.42.080.
Such temporary off-street parking lots shall be so designed,
surfaced, lighted, landscaped, equipped with other parking lot
improvements and otherwise developed in such a manner, consistent
with the purpose of such lots as temporary facilities, as to
prevent hazards and present an acceptable appearance. At the
time of architecture and site approval, the Committee shall
approve the design and prescribe the nature and extent of the
improvements required therefor.
Chapter 3.43
Loading Spaces
SEC. 3.43.010: LOADING SPACES REQUIRED
No building, or part thereof, having a floor area of 10,000
square feet, or more, which is to be occupied by a manufacturing
plant, storage facilities, warehouse facilities, goods display,
retail store, wholesale store, markets, hotels, hospital, mortuary,
laundry, dry cleanina establishment, or other uses similarly
requiring the receipt or distribution by vehicles or trucks of
material or merchandise, shall be constructed, erected or moved
within, or onto any, lot or parcel of land in any zone for any
use or purpose unless at the time such building or part thereof
is constructed, erected or moved within or onto such lot or
parcel there is provided on the same lot or parcel of land on
which such building is constructed, erected Or moved at least
one off-street loading space, plus one additional such loading
space for each 20,000 square feet of floor aiea. Such off-street
loading spaces shall is majntaineo duripU the existenre of tb e
building or use they are required to serve. A required loading
space may OccuPy a required rear yard or any part thereof.
SEC. 3.43.020: S,',PANDAMS FOR Inn — S
Loading spaces roquirej by section 3.13,C10 shall be deer lopa,�',
pursuant to tho %ijowing stnnqa,&,, to the extent otber more
rigi Lawards in this ordinance do
apple..
(1) S_ize of off-street 1040 m7 s
Each off-stxeet loading space required by section
3.43.010 shall be not less than ten feet wide, 30
feet long and 15 feet high, anclusive of drivoways
for ingress and egress and maneuvering areas,
(2) Drivoways fox inqrebs an&
arODS.
Each Off-street loading space required bY section
3.43,010 shall be providga with driveways for ingress
and egress au d maneuverinu space of the some type
v"'ilc]? i. s required for Off-streot parking spaces.
_91-
(3) Location of off-street loading spaces:
No off- street loading space required by section
3.43.010 shall be closer than 50 feet to any lot or
parcel of land in a residential zone unless such
off - street loading space is wholly within a completely
enclosed building or unless enclosed on all sides
by a wall not less than eight feet high.
Chapter 3.50
Nonconforming Uses
SEC. 3.50.010: EXISTING USES OF LAND
Except as otherwise provided in this Chapter 3.50, the
lawful use of land existing at the time of the adoption of this
Ordinance, although such use does not conform to the regulations
specified by ordinance for the zone in which such land is
located, may be continued; provided, however, that no such
nonconforming use shall be enlarged or increased, nor shall any
such nonconforming use be extended to occupy a greater area of
land than that occupied by such use at the time of the adoption
of this Ordinance.
SEC. 3.50.020: EXISTING USES OF BUILDINGS
Except as otherwise provided in this Chapter_ 3.50, the
lawful use of a building existing at the time of the adoption
of this Ordinance may be continued, although such use does not
conform to the regulations specified by this Ordinance, for the
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zone 121 which such building is located. Any such U;. se ma I y be
oxtendea throughout the building, provided no structural
alterations excep-, those required by law or ordinance are mace
therein and the cubical con Lents of the buijding is not
enlarged, Men the nonconforming use of a building is for single
family residential, two family residential or multiple famijy
residential purposes, improvements may he added to the site
consisting of accessory structures, In cluding private garages Pnd
carporK, one guest h0use Or accesOMY living gunrtcrn withoa--.
a kitchen, storehouses, studios fur private use, guraon sLyucturys,
gruenhouses, hobby shops, and freu-standing pauio covers. Lault
accessory structures to be het eloped in accorsa"co witj rhm jo��
regulations applicable to the zone cja,,jfj,,0j,, in hi,y
PrOuectv is Wtoated. it" _e the osa j, j,y,
faui!Y residential. a grcup foster hows use may to initiated iz
a conditional use permit is obtained.
SE" 3,50,030: LOTS YN RjS I
'N-neri a lot or parcel of laPd which is situared. in Day zcne
authorizing single family, two family or multipic family dc%nalop
ac Ls as a principal permitted use has aess than NP mjn5woln
required area, depth, or wid0i as prescribed by said none, and
said lot or parcel was of record on the We the minimum rcquirnd
area dupth, Or W."Oth, requirements in said zone became applicable
and created withnot violatjny ony sublivision or WL division
regulations of tho local agency vertcd jt� -" j �u rJ .a !.1 C' tj o:' I Lla'a:c' U 0 vC I
-90
on the date of creation, the following regulations shall be
applicable:
(1) if the lot is unimproved, a single family residential
development and use may be established upon the lot or
parcel; provided that no building shall be constructed
upon the lot or parcel without first receiving
architecture and site approval. Any site development
regulations contained in the applicable zone classifi-
cation, including front, side and rear setback requirements,
may be modified pursuant to architecture and site
approval for the purpose of making the development
compatible with the surrounding neighborhood.
(2} if the lot is improved with a single family residence,
two family residence or :multiple family residence it
shall be deemed to comply with the requirements of
the applicable minimum required area, depth, or width
regulations of the zone.
SEC. 3.50.040: NONCONFO MING LOTS IN OTTER ZONES
Twhen a lot or parcel of land which is situated in any zone
which does not authorize single familLL;, two family or multiple
`amily de.elopments as a prin_cipa.l permitted nse has less than
the minimum requ -:.red area, depth, or width as prescribed by the
zone, and the lot or parcel was of record. at the time the
minimum required area, depth, or width requirements became
applicable thereto and created without violating any subdivision
or lot division regulations of the local agency vested with
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jurisdiction thereover on the date of creation, the following
regulations apply:
(1) If the lot is unimproved, the use and development
thereof for any purpose authorized by the applicable
zone is prohibited unless a conditional use permit is
obtained. Any site development regulations contained
in the applicable zone classification, including front,
side and rear setback requirements, may be modified
pursuant to architecture and site approval of any
development or use authorized by the issuance of a
conditional use permit for the purpose of making the
development and use more compatible wit'l the
surrounding neighborhood.
(2) if the lot or parcel is improved, the development and
use thereof shall be deemed a lawful_ ncnconforminti use
if such development and use complied with applicable
ordinance requirements at the time of its establishment.
SEC. 3.50.050• NONCOMPLIANCE b'7ITIi SETBAC, REQUIREPIENTS
Any building erected in compliance with ordinance requirements
applicable at the time of construction which encroaches within
an area proscribed by front, side or rear setback regulations
imposed subsequent to the time of construction by this Ordinance,
shall be deemed to be in compliance therewith. Expansion or
extension of such buildings within such subsequently proscribed
front, side or rear setbacks may be approved by the Planning
r"
-101-
s
Director for single family and duplex dwellings or by the
Committee for all other uses pursuant to architecture and site
approval if it is found that such extension or expansion would
be compatible with the surrounding neighborhood.
SEC. 3.50.060: WORK ON BUILDINGS
Except as provided in section 3.50.150, no existing building
designed, arranged or intended for or devoted to, a use not
permitted under the regulations specified by this Ordinance for
the zone in which said building or premises is located shall be
enlarged, extended, reconstructed or structurally altered, unless
such use is changed to a use permitted under the regulations
specified by this Ordinance for the zone in which said building
is located. Work involving ordinary structural alterations or
replacements of wal=ls, fixtures or pl:urJoing shall be authorized
on such buildings which in any period of 12 months does not exceed
50 per cent of the building's value, provided that the cubical
contents of the building as it existed on the date the use thereof
became nonconforming be not increased. value of a building shall
be the estimated cost to replace the building in kind, which
shall be determined by the Building Inspector. The provisions
of this section shall not preclude the rebuilding or restoration
of a building destroyed by fire, explosion, act of God or act
of the public enemy authorized pursuant to the provisions of
section 3.50.070.
f
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SEC. 3.50.070: DESTRUCTION OF BUILDINGS
If at any time any building existing, or maintained at the
time of the adoption of this Ordinance, which does not conform to
the regulations for the zone in which it is located, shall be
destroyed by fire, explosion, act of God or act of the public
enemy, to the extent of more than 90 per cent of the value
thereof, then, without further_ action by the Town, said building
and the land on which said building was located or maintained
shall from and after the date of said destruction be subject to
all the regulations specified by ordinance for the zone in which
such land and building are located. Value of a building shall be
the estimated cost to replace the building in kind, which value
shall. be determined by the Building Inspector.
SEC. - 3_50.080: ACTUAL CONSTRUCTION, DEFINED
Nothing contained in this Ordinance shall be deemed to require
any change in the plans, construction or designated use of any
building upon which actual construction was lawfully begun prior
to the adoption of this Ordinance, and upon which building actual
construction has been diligently carried on. Actual construction
is hereby defined to be the actual placing of construe -,-* n
materials in their permanent position fastened in a permanent
manner; except that where a. basement is being excavated, such
excavation shall be deemed to be actual construction; or where
a demolition or `removal of an exist.ng structure has been begun
-303-
preparatory to rebuilding, such demolition and removal shall
be deemed to be actual construction; provided, that in all cases
actual construction work shall be diligently carried on until
the completion of the building or structure involved.
SEC. 3.50.090: EXISTING JUNK YARD
Regardless of any other provision of this Ordinance, no
junk yard which, after the adoption of this Ordinance, exists as
a nonconforming use in any zone, shall continue as herein provided
for nonconforming uses unless such junk yard shall, within one
year after the same has become a nonconforming use, be completely
enclosed within a building, or within a continuous solid fence
the building or fence must have architecture and site approval.
If a fence is used, it must be at least eight feet high, and,
in any case, high enough to screen completely all the operations
of the junk yard. All other provisions of this section shall
apply to any nonconforming junk yard.
SEC. 3.50.100: APPLICATION TO USES REQUIRING USE PERMIT
Except as otherwise provided by this Ordinance, any use
for which a conditional use permit is required, or for which a
conditional use permit may be granted, which use was existing
on the effective date of the ordinance requiring or authorizing
the conditional use permit, shall, without further action, be
deemed to be a nonconforming use.
SEC. 3.50.110: 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
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days, the use shall not be resumed. If a nonconforming use of
a building is discontinued for a continuous period of six months
the use shall not be resumed. No token use shall toll or
interrupt a period of discontinuance.
SEC. 3.50.120: AMORTIZATION OF NONCONFORtMING USES
The following sections shall regulate the duration of lawful
nonconforming uses. In the event any period of authorized
duration is held by a court of competent jurisdiction to be
unconstitutional or unreasonable as applied, the period of
duration shall be extended for so long a time as the court finds
to be -reasonable. At the conclusion of the applicable period of
amortization, the nonconforming use shall be eliminated or modified
to the extent necessary to bring it into compliance with
applicable ordinance regulations, and the improvements upon the
property utilized in or by such use removed or modified so as to
accommodate a use authorized by applicable ordinance regulations.
SEC. 3.50.130: C+2E °.E PROPER`1rY IS U 1DEVELOPED
The duration of all lawful nonconforming uses of land is:
(1) Where the land is wholly undeveloped, one year from the
effective date of the ordinance which makes the use
nonconforming.
(2) Where the land is undeveloped except for improvements
or structures which do not require a building permit,
three years from the effective date of the ordinance
which makes the use nonconforming.
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SEC. 3.50.140: WHERE PROPERTY IS DEVELOPED
Where the land is improved with structures utilized in
connection with the nonconforming use the erection of which
requires a building permit, all such uses other than stores,
factories and other industrial uses, offices, hotels, warehouses,
garages, and theatres, shall be authorized to operate and
otherwise exist indefinitely.
For stores, factories and other industrial uses, offices,
hotels, warehouses, garages and theatres the authorized period
of duration shall be made 20 years from the effective date of
the ordinance which made the use nonconforming, plus such longer
period of time as required to permit a total life of the building
housing the use from the date of its construction as follows:
(1) For buildings classified as Type 4 or Type 5 under
the Uniform Building Code: 25 years.
(2) For buildings classified as Type 2 or Type 3 under the
Uniform Building Code: 40 years.
(3) For buildings classified as Type 1 under the Uniform
Building Code, as follows:
Warehouses, stores, garages and factories
and other industrial uses: 50 years.
Offices and hotels: 55 vears.
Theatres: 60 years.
-106 -
SEC. 3.50.150: 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.
The physical facilities, including, but not limited to
buildings, associated with a nonconforming use may be augmented
when approval has been granted in the manner required for
variances, with findings based on the evidence that the
augmentation.:
(1) Will take place either on the zoning plot as it existed
on the date the use became nonc:onfonnir.g or on the
zoning plot that exists at the time of the hearing,
whichever is smaller,
(2) will not impede the orderly development or redevelot,::ent
of neighboring property in a manner which will conform
to both the General Plan and the current zoning,
(3) will not in any way increase the burden which the
nonconforming use imposes on the neighborhood, and
(4) Will not be inconsistent with the general policy of
phasing out nonconforming uses,
(5) Or, as an alternative to subparts (2), (3) and (4), but
not (1), 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,
i
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SEC. 3.50.160: REVOCATION OF NONCONFORMING USE
In addition to other grounds stated in this Ordinance, a
nonconforming use which has been automatically granted may be
revoked if the Commission finds:
(1) That the condition of the improvements, if any, on
the property are such that to require the property to
be used only for those uses permitted in the zone where
it is located would not impair the constitutional rights
of any person.
(2) That the nature of the improvements are such that they
can be altered so as to be used in conformity with the
uses permitted in the zone in which such property is
located without impairing the cons titut.ional rights of
any person.
n 3 �r 1 "'0: qn^'COtiFOR.ITNG USE _- OF',l ED -ONES
The foregoing provisions shall also apply to nonconforming
uses in zones hereafter changed.
SEC. 3.50.180: TERMINATION OF NONCONFORMING USE
Any existing use not in conformance with the zone in ,hich
said use is located shall, upon the termination of such existing
use for a period of six months, cease, and the subsequent use of
such land shall be in conformity with the regulations specified
for the zone in which such land is located.
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Chapter 3.55
Swimming Pools
SEC. 3.55.010: ZONES WHFRE ALLOWED
Swimming pools are allowed in all zones.
SEC. 3.55.020: LOCATION
No swimming pool shall be located within five feet of a
property line, nor in a required front yard, nor in a required
side yard along a street.
SEC. 3.55.030: i1ECHANICAL EQUIP14ENT
No mechanical euuipment for operating a swimming pool shall
be located in a required front yard nor within 10 feet of
property lire when located in a required side yard.
SEC. 3_55.040: -NCIL'ENTTT POOLS
Mien use Of a SwilRmi. *,lg pool ii; incidental t0 the use Of the
zoning plot on which it is located, no zoning approval 48
required. Examples of swimming pools incidentally used are pools
for private residences, pools for the use of guests at hotels
and motels, and pools exclusively for use by employees of a
business organization located at the site of the facilities
where the employees work.
SEC. 3.55.050: NON- 'NCIDENT POOLS
Examples of swimming pools that are deemed not to be
incidental to the use of the zoning plots on which they are
located are pools at clubs, schools, parks, sports enterprises,
and any pool for which a membership fee is levied or an admission
charge is made.
f
-109-
SEC. 3.55.060: CONDITIONAL .USE PERMIT REQUIRED
Non - incidental use of a swimming pool and construction of
a swimming pool for non - incidental use are prohibited unless a
conditional use permit for the use or construction is issued.
SEC. 3.55.070: ENCLOSURE REQUIRED -- SPECIFICATIONS
Every person who owns or possesses any premises where there
is a swimming pool shall maintain a fence, wall., hedge or
structure at least five feet high completely enclosing the pool.
Except for doors or gates, neither the horizontal nor vertical
dimensions of any opening, holes or gaps in the enclosure shall
allow the passage of a 9 inch diameter sphere. Any single - family
residence, accessory building, apartment dwelling or dwellings,
hotel or motel buildings or a natural barrier, such as a hill or
gully which in the opinion of t?le Building Official is adequate
for such purpose, may be used as a part of such enclosure.
SEC. 3.55.075: _ ENCL0SUF2r�l'_XCEPTI0N
1,7hen a swimming pool is on a parcel having an area of at
least five acres used for single - family residential or
agricultural purposes and occupied by one family, and all o£
the pool is located at least two hundred feet from the property
line and is completely screened from view from adjacent public
rights -of -way, no enclosure is required by these sections
3.55.070 through 3.55.085. In such event a permit shall be
obtained from the Building Official, and the permit shall remain
effective only as long as all conditions of this section continue
to exist.
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SEC. 3.55;080: EITCLOSURE GATES AND DOORS
Any gate or door in the enclosure shall be equipped with a
self - closing and self.- latching device effective to keep the gate
or door securely closed at all times. The device shall either
be placed at least four feet nine inches above ground level or
shall otherwise be made i.na.ccessible to children.
S.C. 3 .55.085: ENTCLOSURES DEEMED STRUCTURES
The enclosure required by section 3.55.070 is deemed to be
a structure within L-he meaning of the term as it is used in the
Building Code.
SEC. 3.55.090: IIQSPECTION
Final inspc-c.tior, = .r,.?. appr(jv:-1 of ali swimming pools shall be
wit7-theld until all the requirements of either section 3.55.070
or 3.55.075 have been met.
f 1)1` if p'p �
3.5-5.095: _.1 Eti'�' J �.:F__ _iI
All regulations concerning the enclosing of swimming pools
shall be enforced by the Building Department.
Chapter 3.60
Horne Occupations
SEC. 3.60.010: SCOPE
Tae following regulations apply to home occupations in
the R -1, R -114, R -D, R -M, RMFi and O zones:
(1) No premises shall be used for a home occupation unless
the user has a home occupation permit.
-1 l-
(2) There shall be no employees other than members of the
resident family.
(3) There shall be no materials or mechanical equipment
used which are not such as would be employed in normal
household or hobby activities.
(4) The home occupation shall not involve the presence of
more than one customer on the premises at any time.
(5) The home occupation shall not cause pedestrian or
vehicular traffic or the parking of vehicles either on
the premises or on public or private streets or sidewalks
adjacent to the premises in numbers or volumes which
exceed that which is usual in Los Gatos at comparable
places of residence where there is no home occupation.
(6) There sha1.1 be no use o.f ccim'Lercial vehicles _cor delivery
of materials to or from t1_?e premises.
(7) There shall be no storage of materials or supplies
indoors or outdoors in a manner which is visible from
adjacent premises or public ways.
(8) There shall be no advertising signs or structures.
(9) The home occupation shall not be conducted in such a
way as to decrease the total number of required or
available off - street parking spaces for the premises.
(10) The home occupation shall not alter the single family
residential character of any portion of the premises.
- 1.12 -\
(11) The home occupation shall not result in the emission
of noise, dust, smoke, odor or radiation which results
in interference with radio or television. reception.
(12) The foregoing parts (2) through (11) expressly pro-
hibiting acts and conditions, are not an exclusive
listing of the limitations on the conduct of home
occupations, and no home occupations shall be conducted
in a manner inconsistent with the requirement of
section 2.00.255 of this Ordinance to the effect that
the use shall not be discernible from the exterior of
the dwelling unit.
SFC, 3.60.020; PERMITS
The Planning Director issues home occupation permits.
SEC. 3.60.030: APPL.1 CATION FORMS
The Planning Director prescribes forms for home occupation
applications and permits.
SHC:, 3..60.040: STATEMENT
The Planning Director may, before issuing a permit, require
that each applicant sign a statement certifying that the home
occupation will comply with the provisions of sections 2.00.255
and 3.60.010 of this Ordinance but is not required to rely on
such statement, and may make such investigation as he deems
necessary to determine whether the home occupation will be
conducted in compliance with these sections.
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SEC. 3.60.050: DENIAL
The Planning Director shall not issue a home occupation
permit where he finds that the horse occupation will not comply
with the provisions of sections 2.00.255 and 3.60.010 of this
Ordinance.
SEC. 3.60.060: INVESTIGATION
The Planning Director shall investigate possible violations
of the home occupation regulations by permittees, and shall
revoke home occupation permits in cases where the regulations
are violated.
SEC. 3.60.070.: REVOCATION
Before revoking a home occupation permit, the Planning
Director she.il give the permittee ten days' notice in writing
that revocation is under considerat3.on, shall consider whatever
evidence t1'he peimittc^e wishes to pY'es-'nt to contest the revocation,
and shall give permittee written notice of his decision. Both
notices shall be mailed to tn-, address given by the permittee
in his application for the home occupation permit or such
other address as the permittee has provided the Planning Director.
Chanter 3.65
Demolitions
SEC. 3.65.010: SCOPE
Applications for demolition permits (Uniform Building Code
Section 301(a)) filed with the Building Department shall be
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submitted to the Planning Director for approval unless such
permit is required as part of a code enforcement action by the
Building Official, Council, or other authorized agency.
SEC. 3.65.020: THE PLANNING DIRECTOR. MAY APPROVE THE
DEMOLITION PERMIT APPLICATION IF:
(1) It is accompanied by a building permit for a replacement
structure which meets all Town regulations and has
received all required approvals, or
(2) It is for demolition of an accessory building or
structure.
SEC. 3.65.030: REFERRAL TO COMMITTEE
if the condition of section 3.65.020(1) is not met or when
the application is for demolition of an accessory building or
structure and the Planning Director determines that for anv
reason the accessory building or structure ought not to be
removed, the Planning Director shall refer the application to
the Committee for determination.
SEC. 3.65.040: FINDINGS
The Committee shall include consideration of the following
in its deliberations:
(1) Maintaining the Town's housing stock.
(2) Preservation of historically or architecturally
significant buildings or structures.
(3) Property owner's desire or capacity to maintain the
structure.
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(4) Economic utility of the building or structure.
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(Next page is 126)
ARTICLE 4: ZONE REGULATIONS
Chapter 4.00
Zone Regulations
SEC. 4.00.010: SCOPE
Chapters 4.10 through 4.86 contain the regulations applying
to specific zones.
Chapter 4.10
Provisions Applicable
to Residential Zones
SEC. 4.10.010: ACCESSORY BUILDINGS
In the RC, HR, R -1, R -1M, R -D, and R -M zones, accessory buildings
are allowed if such accessory buildings:
(1) Are not over 15 feet high,
(2) Are not in the required front or side yard,
(3) Are at least ___ e feet iron: ., ny other structure
located on the same lot,
(4) Are at least five feet from any property line, except in
the R -M zone where no setback is required by this
subsection (4),
(5) Do not occupy more than 15 per cent of the area of a
required rear yard, except in the R -M zone where there is
no limitation,
(6) When located on a reversed corner lot, do not project beyond
the front yard line required on the lot in the rear of such
lot,
(7) Breezeways may be used to provide shelter between buildings.
-126-
SEC. 4.10.015: COURT GAME AREAS
Tennis, volleyball, basketball, badminton and similar court
game areas may be located anywhere on the lot except in the required
front yard. Fences over six feet high are allowed to enclose court
game areas, but the por ti on of such fences or structures which is
over six feet high shall be made of mesh type materials.
SEC. 4.10.020: FENCES, HEDGES AND WALLS
In the RC, HR, R -1, R -IM, R -D, and R -M zones fences, hedges
and walls not over six feet high are allowed on or within all
property lines.
No o.mer
or occupant of
any
corner
lot or premises
in the ToGNm shall
erect or
maintain upon
such
lot or
premises any
fence higher than three feet above the curb for a distance of
thirty feet measured horizontally in any direction from the point
of intersection of the property lines at street corner.
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SEC. 4.10.030: USE OF FRONT YARD FOR STORAGE
In the RC, 11R, R -1, R -1M, R -D, and R -M zones trailers, boats,
trailer coaches, unmounted campers, inoperative vehicles and
construction equipment shall not be stored in the front yard. This
section does not by implication authorize the use of lots not
occupied for residential purposes for storage, nor authorize the
use of front yards of lots occupied for residential purposes for
any purpose which is not normally incidental to the use of the
premises for residential purposes.
f
-12�3-
As used in this section.the following definitions apply:
(1) Front Yard: The front yard consists of the unenclosed
area of the total width of the frontage of a lot which
is situated from sideline to sideline within a distance
of 50 feet from the curb, gutter or improved edge of the
street in front thereof. When a lot is on the corner of
two streets, the front yard also includes that unenclosed
area of the total length of the side yard of the lot
which is situated from the front property line to the
rear property line within a distance of 50 feet from
the curb, gutter or improved edge of that street which
is adjacent thereto. As used in this part (1) the phrase
unenclosed area includes the space within carports and
those bounded by shrubbery or other natural growth. The
phrase unenclosed area does not include spaces fully
bounded by fences or other structures which are so
constructed as to shield the interior space from view
for a height of six feet above grade.
(2) Stored: The placing, parking, keeping or maintaining of
property in the prohibited location continuously for more
than 24 hours nor intermittently for periods longer than
two hours each.
(3) Construction Equipment: Any vehicular or other type of
machine or tool, other than hand tools, intended for use
elsewhere than on the lot on which it is situated, and
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designed for purposes of commercial hauling, earth moving,
use in agricultural operations or building or other types
of construction.
(4) Camper: As defined in section. 243 of the California
Vehicle Code.
(5) Trailer: As defined in section 630 of the California
Vehicle Code.
(6) Trailer Coach: As defined in section 635 of the
California Vehicle Code.
(7) Inoperative motor Vehicle: Any motor vehicle which because
of mechanical malfunction or otherwise has not been
physically or '_egally capabie of self- propulsion on a
highway for more than a period of seven consecutive days.
SEC. 4._10,040: PATTO COVERS
In the RC, HR, R -1, R -IM, R -D and R -M zones patio covers may
be permitted to project into the required rear yard, but shall cover
no more than 40 per cent of the yard.
Chapter 4.20
Residential zones
SEC. 4.20_010: SCOPE
The tern residential zones includes the P.0 zone, Chapter 4.22,
HR zone, Chapter 4.24, R -1 zones, Chapter 4.26, R -IM zone, Chapter
4.28, RD zones, Chapter 4.30, R -M zones, Chapter 4.32 and RMH zone,
Chapter 4.34.
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Chapter 4.22
RC OR RESOURCE
CONSERVATION ZONE
SEC. 4.22.010: INTENT
The purpose and intent of the RC zone is to enhance the quality
of life in the Town through the protection of open space, special
land forms, scenic areas, watershed, wildlife and vegetation; to
restrict access to and within these certain designated areas, to
restrict the intensity of activity and development, to limit
residential density, to reduce fire hazards in the hillside areas
which are under Williamson Act contract with the Town, and to
provide for open space in the form of parks, playgrounds, and other
community facilities.
SEC. 4,22,020: PERMITTED USES
(1) One- family dwellings may be permitted where the applicant
can establish adequate justification, providing the proposed
residential use will not be in conflict with the intent and
purpose of the RC zone. In no case shall the residential
density be greater than one dwelling unit per 20 acres.
(2) Native wildlife sanctuaries.
(3) Agriculture limited to outdoor crop, tree farming, small
livestock farming and animal husbandry.
(4) Botanical conservatory.
(5) Accessory buildings incidental and necessary to any allowed
use.
SEC. 4.22.030: USES SUBJECT TO CONDITIONAL USE PERMIT
The following uses may be permitted through a conditional use
permit where applicant can establish adequate justification, providing
the proposed use will not be in conflict with the intent and purpose
of the RC zone. -131-
(1) Communication facilities.
(2) outdoor nature laboratories (noncommercial).
(3) Publicly -owned playgrounds, parks and community
recreational facilities compatible with the intent and
purpose of the RC zone.
(4) Public utility stations, transmission lines, storage
tanks, drainage ways and the like when found by the
Committee to be necessary for the public health, safety
and general welfare.
(5) Educational, charitable, and philanthropic institutions
compatible with the intent and purpose of the RC zone,
without a resident population crreater than that established
by the RC zone.
(6) Public buildings.
(7) Accessor_r residences for occupanC,�r by ca.retacers .,_
watchmen employed for protection of the principal
permitted use when located on the parcel occupied by
principal permitted use.
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SEC. 4.22.040: DEVELOPMENT STANDARDS
(1) Building height, limits
The maximum height for any principal building or
structure shall be two stories, but not exceeding
30 feet.
(2) Minimum building site area
The minimum building site area (lot size) shall be 20
acres.
SEC. 4.22.050: LANDSCAPING
Landscaping shall be required consistent with the purpose of
this Ordinance. The existing natural vegetation and land formations
shall remain in a natural state unless modification is found to
be necessary for a specific use allowed herein through architecture
and site approval procedure.
SEC. 4.22.060: ACCESS TO REMOTE AREAS
Roads,.tracks or runways for automobiles, trucks, buses,
or motorcycles within this zone shall not be developed except
upon the securing of architecture and site approval. Approval
shall not be granted except upon finding that the purpose for
which the road, track or runway is proposed is essential for the
establishment or maintenance of a use which is expressly permitted
herein and that the design and location of the proposed road,
track or runway will be compatible with the terrain.
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SEC. 4.22.070: GRADING
No grading for which a grading permit is required by Town
regulations is authorized except with architecture and site
approval. Approval shall not be granted for grading except upon
a finding that the purpose for which the grading is proposed is
essential for the establishment or maintenance of a use which is
expressly permitted herein and that the design, scope and location
of the grading proposed will be compatible with the adjacent areas
and will result in the least disturbance of the terrain and natural
land features. All grading for which no permits or approvals are
required shall be subject to the provisions set forth in section
4.22.060.
SEC. 4.22.030: SOIL: EROSION P27D LAND n'0'4AC?MENT
No site plan or development plan shall be approved ur_less it
includes soil P.rCS'_On and sedim it con LrGl nits asures in accordance
with any adopted technical standards and specifications of the
Commission. No approval will be granted unless all needed erosion
control measures have been completed or substantially provided for
in accordance with said standards and specifications. The
developer shall bear the final responsibility for the installation
and construction of all required erosion control measures according
to the provisions of said standards and specifications.
SEC. 4.22.09: DATA REQUIRED
The developer must submit the following information for the
entire tract of land, whether or not the tract will be developed
-134-
in stages:
(1) Description of general topographic and general soil
conditions on the site (available from the Santa Clara
County Soil Conservation District Association or the
Santa Clara County Public Works Department).
(2) Plans and specifications of soil erosion and sedimentation
control measures in accordance with any adopted standards
and specifications of the Commission
(3) A time schedule indicating the anticipated starting, and
completion dates of the development sequence. and time
of exposure of each area prior to the compl.etior of
effective erosion and sediment control. measures.
SE-C'. 4.22_I00: r'i:?LEMEN7'F'_ -_ION
Since considerable_ so =_., erosion r_an ta?'e place dury.g
constrilctlon, dev loprL u_nt- ID-Lans, shall Contain r , . - -d
sediment control measures. These measures shall 'Sae
into the final plat and final construction dr,- awings. The measures
shall apply to all features of the ccnstruction U?_te, including
street and '.1 t111tJ 1nS tai.la t10i1S a5 well as t0 '1-1 pYO tel: tloil O£
adjoining property. Measures shall also be instituted t.o prevent
or control erosion and sedimentation during the various stacres of
development.
S_G_ 4^ 22e 11Q: C >E I I 't_'L DES_1 iv PRINCIPLES
Practical. combinations, of ...l .
file rc;�iowirg gee_ -era?. pra.naipl..es
will provide effective sediment control c.hcn properly planned and
applied:
-135 --
(1) The development plan shall be fitted to the topography
and soils so as to create the least erosion potential.
(2) Permanent vegetation and improvements capable of
carrying storm run -off.' in a safe manner shall be
scheduled for installation to the greatest extent
possible before removing the vegetation, cover from an
area.
(3) Natural vegetation shall be retained and protected.
(n) There inadequate vegetation exists, permanent vegetation
shall be established concurrent with development.
(5) The smallest practical area of land shall be exposed
at any one time during development.
(v) Whei. the 1. and is exposed during development, the exposure
small be kept to the shortest practical period of time,
(7) Critical areas exposed during; construction shall be
protected with temporary vegetation and /or mulching.
(8) Sediment basins (debris basins, desilting basins or
silt traps) shall be installed and maintained to remove '
sediment from run -off waters from lend undergoing
development.
(9) Provisions shall be made to effectively accommodate the
increased run -off caused by changed soil and surface
conditions during and after development.
-136-
SEC_ 4.22.120: MAINTENANCE.
Individuals or developers carrying out soil erosion and
sediment control measures under these regulations, and all
subsequent owners of property on which such measures have been
installed, shall adequately maintain all permanent erosion
control measures, devices and plantings in effective working
condition.
Chapter 4.24
HR OR HI!LSIDE RESIDENTIAL, 20NE
SEC 4.24.010: TNTENT
The .intent and purpose of fne Iiti zone is to provide for an
orderly, harmonious development of the foothills and mountains
resulting in the minimum amoont of disturbance of the natural
terrain through relating residential density to the natural slope
to encourage and provide incentive for excellence in design
principles and engineering techniques, and to provide for a
variety of dwelling types ifaere land assembly and a unified
development scheme are more appropriate. Slope- density regulat:icnw
will be utilized to assist in relating the intensity of development
to the steepness of terrain in order to minimize grading, removal
of vegetation, run -off, erosion, geologic hazards, fire Hazards,
and to help ensure utilisation of land in balance with its
natural capabilities to support development.
-137-
SEC. 4.24.020: PERMITTED USES
(1) Single family dwellings, provided that there not be more
than one principal residential structure located on a
single lot or parcel.
(2) Agriculture as defined in section 2.00.030 of this
Ordinance except small livestock farming, dairying or
animal husbandry.
SEC. 4_2^.030: USES -PERMITTED BY CONDITIONAL USE PER`!!.IT
Tae following uses are permitted, provided that a conditional
use permit for such use is in effecc
(i) Public utility stations, transmission lines, storage
tanks, drainage ways and the like when found in the
conditlonctl use Permit to b-4 neces3ary for `.Ste
public health, safety and ge;:aeral welfare.
(2) Cnurch.
(3) Hospital.
(4) Education, charitable and phi.lanE,ropic institutions.
(5) Cemetery, crematory and mausoleum.
(6) Public buildings.
(7) Small livestock farming, dairying or animal husbandry.
(8) Residential structures in addition to an existing pr.....-ipal
residential structure located on a. single lot or parcel.,
subject to the provisions of section 4.24.035.
(9) Nursery schools, provided that each shall be on a site
not less than 20,000 square feet in area and in building
not less than 2,000 square feet in floor area.
- 1.38 -
SEC. 4.24.035: ADDITIONAL DWELLINGS
The following rules apply to approvals under section
4.24.030(8):
(1) The total number of dwelling units shall not exceed that
allowable under the slope density formula.
(2) A tentative subdivision map or parcel map (as is
appropriate, depending on the numbc,r of parcels) shall
be processed concurrently with the applica'Lion for the
conditional Use permit, the map to -:,how a seiJaY'ate lot for
the site of each .residential structure, and the conditional
use permit shall not be granted unless the map is approved.
The apDl? cant shall not, however, be "L;y.,.lr_r>.d to file:
T.�lnai sub-division iIlap or parcel n7ap as pre.re. ti?Siti:
to issl..la.nce of bui -hilnc permits, or
imp, ovement o..ork may neve-rth.eless be regi.0 rid as a.
condition of the conditional use permit.
(3) T'ne Coimtission may, as a condition of approval, require
the installation of public improvemz:nts, inclu.dil-i but .
not limited to, streets, sewers and water lines.
(4) The applicant demonstrates the need for an additional
dwelling lithout being required to complete a. subdivision
or parcel map division of the uarce.i..
SEC. 4.24.040: D' ,MLCrMENT STANDAPOS
The minimum average amount of net land. area required per
dwelling link: in ally s- )6 vision or m1nQr lallu d1V1sion in the
- -133- f
HR zone shall be determined.by the following slope - density
regulations:
(1) For the purpose of this section the average slope of a
let or parcel shall be determined according to the
formula S = 'OA —3 IL where:
S is the average slope in per cent.
I is the contour interval in feet.
L is the combined length of contour lines in feet.
A is the gross area in acres of the parcel or lot as
applicable. in measuring the slope., a topographic base
map shall be used which. meets the requirements for
tentative maps as specified in the SubdiVi:>ion Ord:iYiance..
T iea3urement. ai01114 c0IItGurS shad be made at contour
intervals slot to exceed ten feet
(') Slope density-_ the minimum land area per dwelli:azg unit
shall not be less than "a" as determined by the formula
a = 1 where "S" is the average slope of the
1.0 &9- 0.017735
parcel in per cent. Where the average slope is in excess
of 50 per cent: the minimum land area per dwelling unit
shall be 5.0 acres.
(3) The maximum number of dwelling units permitted in a
subdivision or minor land division shall be determined
by dividing the net lard area, excluding streets and
private rights -of -way, by the required minimum average
land area per dwelling unit and rounding down to the
next whole number.
....1a0_
(4) In calculating the allowable number of dwelling units
in any subdivision, no parcel which can be further
subdivided under this section shall be included in the
net land area used in determining the maximum number of
dwelling units permitted. However, if the development
rights beyond one dwelling unit for such parcel are
dedicated to the Town, the parcel may be included.
(5) Where any lands in a parcel are in excess of 50 per cent
slope, such lands may be treated separately and the number
of dwelling units permissible on the 50 per cent and over
lands may be added to the number permissible on the
balance of the parcel to obtain the total permissible
on the entire parcel.
(6) Once a. subdivision map has been recorded for a subdivision,
lot lines shall thereafter not be altered so as to allow
a greater number of dwelling units than the maximum
permitted pursuant to this section. Lots not included
in the net land area used in determining the maximum
number of dwelling units permitted, may be further
divided subject to provisions of this and other Town
ordinances.
(7) Lot Size (not to be confused with the required land area
per dwelling unit). The minimum lot size is 40,000
square feet.
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(8) Lot Width
The minimum lot width shall be 100 feet.
(9) Yard Depths
Front - Minimum 30 feet.
Side - Minimum 20 feet.
Rear - Minimum 25 feet.
Side corner lot - Minimum 20 feet.
Rear and side yard accessory structures - Minimum 10 feet.
(10) Building Height Limit
The maximum height for any principal building or structure
shall be two stories, but not exceeding 30 feet.
(11) _rre(--pilar T:ot configuration
Lots with irregular configuration silch as seg*.nents of a
circle, flag, ke�,>h.old, panhan�!Ie, or polygonal, shall
have a front vard at least equal in area to that required
for conventionally shaped lots. The front yard shall be
located either parallel or perpendicular to the narrow
access corridor.
(12) Scenic Roads
Landscaping shall be required in yards abutting scenic
roads consistent with the purpose of Unis Ordinance.
The existing natural vegetation and land forms within
the yards abutting scenic roads shall remain in a
_.1.42 - ,
natural state unless modification is found to be
necessary for a specific use. To enhance the scenic
corridor, additional new landscaping may be required
concurrent with development.
(13) Trails
Where adopted plans indicate the development of trail
systems, the development plans shall include those provisions
which are found necessary by the reviewing body for the
development of such trails.
- -143 --
SEC. 4.24.050: PARKING AREAS
(1) Off - street parking spaces shall not be in the required
front yard, provided that on application for architecture
and site approval the reviewing body shall have the
power to waive the requirement if the applicant can show
that such requirement is unreasonable as to that
particular property.
(2) For uses other than single family residences, sufficient
off- street parking for loading and delivery purposes
to prevent traffic congestion shall be required by the
reviewing body through architecture and site approval.
SEC. 4.24_060: GRADING
No grading for which a grading permit i.s required by the
Town regulations shall be authorized except with architecture
and site approval. The reviewing body shall not grant approval
for such grading except on finding that the purpose for which the
grading is proposed is essential for the establishment or
T
aintenance of a use which is expressly permitted herein and
that the design, scope and location of the grading proposed will
be compatible with adjacent areas and will result in the least
disturbance of the terrain and natural land features. All.
grading for which no permits or approval are required shall be
subject to the provisions set forth in section 4.24.080.
SEC. 4.24.070: ACCESS TO REMOTE AREAS
Roads, tracks or runways for automobiles, trucks, busses or
motorcvcles within this zone shall not be developed except with
-144-
architecture and site approval. The reviewing body shall not
grant such approval except upon finding that the purpose for
which the road, track or runway is proposed is essential for
the establishment or maintenance of a use Vhich is expressly
permitted herein and that the design and location of the proposed
road, track or runway will be compatible with the terrain. The
use of all roads, tracks or runways existing at the time of the
adoption of this Ordinance which are nonconforming or have been
established without proper approvals shall be terminated and
shall be returned to natural terrain unless given approval in
accordance with the regulations set forth in this Ordinance.
Chaffer 4.2
R -1 Or Single Family Residential Zone
SEC. 4.26.010:
The R -1 zone provides a means to create the best possible
location and development standards for single family dwellings,
assure adequate light, air, prit.,acv and open space for each
dwell=ing, minimize traffic and parking congestion, and reduce
hazards from encroachment of industr'v and comu,ercial acfi_i.vit:v.
SEC. 4..26.020: PERMITTED USES
!be following uses are permitted:
(1) Single Family dwellings, provided that there rot be more
than one principal residential structure located on a
single lot or parcel.
- 1.45 -...
(2) Raising of fruit and nut trees, vegetables and
horticultural specialties, not including nurseries,
greenhouses, or storage of landscaping equipment,
product or supplies for commercial uses.
(3) Home occupations.
(4) Accessory structures located on the same site with a
permitted use, including private garages and carports,
one guest house or accessory living quarters without a
kitchen, storehouses, studios for private use, garden
structures, greenhouses, hobby shops, and freestanding
patio covers.
(5) Family day cave home not in- solving the presence of a
number of children which, when added to the nuRibe -;r of
children residing in a dweiling unit, would exceed sir
under 16 years of age.
SEC_ 4.26 =030: USES PERMITTED BY COALITIONAL USE PERMIT
The following uses are permitted, provided gnat a valid
conditional use permit for such use is in effect:
(1) Public schools and colleges.
(2) Private nonprofit schools and colleges, not including
art, craft, music or dancing schools or business,
professional or trade schools and colleges.
(3) Public playgrounds, parks, community centers, libraries,
museums, art galleries, police and fire stations and
other public buildings, structures and facilities.
-146-
(4) churches, monasteries, convents and other religious
institutions.
(5) Private swim and racquet clubs, riding and hiking clubs
and private golf courses.
(6) Public utility stations, transmission lines, storage
tanks, drainage ways and the like when found by the
reviewing body to be necessary for the public health,
safety and general welfare.
(7) Private stables for the keeping of one horse on a site
not less than 40,000 square feet in area; for lots over
120,000 square feet in size, not more than three horses,
unless otherwise specified upon the granting of the
conditional use permit. This conditional use permit
requirement does not apply to the keeping of pet horses
allowed under the provisions of Chapter 3.26.
(8) Foster Homes Group.
(9) Family day care home which involves the presence of a
number of children which, when added to the number of
children residing in the dwelling unit, exceeds six under
16 years of age.
(10) Nursery Schools, provided that each shall be on a site not
less than 20,000 square feet in area and in a building
not less than 2,000 square feet in floor area.
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SEC. 4.26.040: LOT AREA
An ordinance zoning property R -1 must set one of the following
minimum lot areas (square feet):
R -l:
8,000 R -1: 20,000
R -1: 10,000 R -1: 30,000
R -1: 12,000 R -1: 40,000
R -1: 15,000
SEC. 4.26.050: LOT_rRONTAGE AND DEPTH
(1) Minimum lot frontage and depth requirements are:
50 feet. The minimum average .width of cul -de -sac lots
shall be 60 feet.
(3) The minimum width of a corridor to a corridor lot shall
be 20 feet. The area of the corridor shall not be
applied toward satisfying the minimum lot area requirement.
(4) Lots facing or backing on freeways, major highways,
secondary highways, railroad rights -of -way, schools or
parks shall have a minimum depth of 125 feet.
-148-
Frontage
Frontage
Minimum
Interior
Corner
Lot
Area
Lot
Lot
Depth
R -1:
8,000
60 ft.
80 ft.
100 ft.
R -1:
10,000
80 ft.
90 £t.
120 ft.
R -1:
12,000
90 ft.
95 ft.
120 ft.
R -1:
15,000
100 ft.
100 ft.
125 ft.
R -1:
20,000
li0 ft.
115 ft.
140 ft.
g -l:
30,000
110 ft.
120 ft.
145 ft.
R -1:
40,000
150 ft.
150 ft.
150 ft.
(2) The minimum
frontage
of a cul -da -:mac
lot, if
75 par cent
or more of
the lot fronts on the
cul -de -sac,
shall be
50 feet. The minimum average .width of cul -de -sac lots
shall be 60 feet.
(3) The minimum width of a corridor to a corridor lot shall
be 20 feet. The area of the corridor shall not be
applied toward satisfying the minimum lot area requirement.
(4) Lots facing or backing on freeways, major highways,
secondary highways, railroad rights -of -way, schools or
parks shall have a minimum depth of 125 feet.
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SEC. 4.26.060: YARDS
(1) Minimum front, side and rear yards are:
Where an entire side of a block is being developed at
one time, the minimum front yard requirement may be
reduced by five feet to create a staggered building
line, provided the average of the front yards equals
the requirements of this subsection of this Ordinance.
(2) On corner lots minimum side Yards abutting the street
are:
Side Yard
Lot Area Corner Lot
R -1:
8,000
Front
Side
Rear
Lot
Area
Yard
Yard
Yard
R -1:
8,000
25
ft.
8
ft.
20
ft.
R -l:
10,000
25
ft.
10
ft.
20
ft.
R -1:
12,000
25
ft.
10
ft.
20
ft.
R -1:
15,000
25
ft.
12
ft.
25
ft.
R -1:
20,000
30
ft.
15
ft.
25
ft.
R -1:
30,000
30
ft.
16
ft.
25
ft.
R -1:
40,000
30
ft.
16
ft.
25
ft.
Where an entire side of a block is being developed at
one time, the minimum front yard requirement may be
reduced by five feet to create a staggered building
line, provided the average of the front yards equals
the requirements of this subsection of this Ordinance.
(2) On corner lots minimum side Yards abutting the street
are:
Side Yard
Lot Area Corner Lot
R -1:
8,000
15
ft.
R -1:
10,000
15
ft.
R -1:
12,000
15
ft.
R -1:
15,000
15
ft.
R -1:
20,000
20
ft.
R -1:
30,000
20
ft.
R -l:
40,000
20
ft.
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SEC. 4.26.070: HEIGHT
The maximum height for any principal building or structure
shall be two stories, but not exceeding 30 feet.
SEC. 4.26.080: LOT AREA COVERAGE
Main building coverage shall not exceed 35 per cent.
SEC. 4.26.090: PAP.KING AREAS
(1) Off - street parking spaces shall not be in the required
front yard, provided that on application for architecture
and site approval the reviewing body shall have the power
to waive the requirement if the applicant can show that
such requirement is unreasonable as to that particular
property.
(2) For uses other than single f=!mily residences, sufficient
off -- street parking for loading and delivery purposes to
-150-
prevent traffic congestion shall be required by the
reviewing body through architecture and site approval.
Chapter 4.28
R• -1M Or Single Family- medium
Density Residential Zone
SEC. 4.28. 010: INTENT
The R. -1M (Single Family - Medium Density Residential) zone
is intended tol provide for the integration of nigh quality single
family and medium density multiple family uses through controllcd
development of such uses in order tO insu2.e traffic safety, the
adequacy of public services and satisfactory residential err iron -
mental con _rol. y,.,e .,
al 1_�-'_ . zone is for areas wlh i_c_' as u T:eSia._t
Of topographical conditions, the variable LAi.ta()i'_it17 of street
Or cEaer blic _ _ -e ry , ces � „rl-
t =p
_-
developmexit, or Lhe transitional state of the area as a result of
sparse development and the variable sizes Of Par -cls Of 11hv -.Ipr O -god
land, may be SUi':=a'r.le F r either single famtt .ly Or � edi.uirt de.- , r�'y
multiple residential uses depending t;pon the p-articular
characteristics of specific parcels, the land uses surrounding
their: and the design of the development proposed.
SEC, 4.28.020: PERMITTED USES
The following usca are permitted:
(1) Single family and two family dwellings.
(2) 17-10me occupations..
(3) Accessory structures located on the same site with a
permitted use, including private garages and carports,
studios for private use, garden structures, greenhouses,
hobby shops, recreation rooms and freestanding patio
covers.
(4) Family day care home not involving the presence of a
number of children which, when added to the number of
children residing in a dwelling unit, would exceed six
under 16 years of age.
SEC. 4,28.030: USES PERMITTED BY CONDITIONAL USE PERMIT
The following uses are permitted provided that a valid
conditional use permit for such use is in effect7
(1) Multiple family dwellings.
(2) Public unility stations, transmission linos, storage
tanks, drainage ways and the like when found by the
reviewing body to be necessary for the public health,
safety and general welfare.
(3) Neighborhood parks and playgrounds, fire and police
stations, and other buildings, stractures and facilities
owned by public agencies.
(4) Family day care home �,,,-hiclln involves the presence cf a
number of children which, when added to the number of
children residing in the dwelling unit, exceeds LK
number of six under 16 years of age.
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(5) Nursery schools, provided that each shall be on a site
not less than 20,000 square feet in area and in a
building not less than 2,000 square feet in floor area.
(6) Residential condominiums, provided that such condominiums
are subject to the development standards for the R -M
zone or the R -1M zone, whichever are more restrictive, and
a tentative subdivision map of a residential condominium
shall not be approved until the residential condominium
has been - authorized by a conditional use permit and
received architecture and site approval.
SEC. 4.28.040: LOT WID`1"H
Bach 'Lot shal., .gave a minimum ave_. a—E' widtt= of IAot. less thhan
65 feet.
SEC. . +. 0_ J: FGi =aZFti ND F, SiTY - E!_t�,S E'AMELY Z�•a
TWO t � % i i ] ll;ai GS - - --
The minimum :Lot are for i-ngle family and two family
dwellings shall be 10,000 square feet.
SEC. 4 i. 0i LOT P.RE?;r -- NIU'FT7PLP7 F20M`? DWFLL_?'CS
Z4.e minimum lot area for multiple family dwellings s a..11 be
25,000 square feet.
SEC. 4.28.070: DE- SI` Y -- NIJLTI ?ELF, FAMILY DWELLII "aGS
The authorized density for each multiple family dwelling
shall be determined by the reviewing body, and shall be prescribed
at the time of the issuance of the conditional use permit;
provided that such density shall not exceed six dwelling units
for the first 25,000 square fee'.tl of lot: area and one dwelling
- .153•-
unit for each additional 5,000 square feet. The reviewing body's
determination of density shall be accompanied by findings that
the density prescribed:
(1) will be adequately accommodated by streets serving the
development either in their existing configuration or a
configuration which is intended to be created in the
immediate fut-.ur.e and that the development wi-11 not
overburden existing streets or other public improvements
such that the orovision of public services to the general
area will be impaired;
(2) That the architectural design of the development, the
site plar:n.'I_ng 'therefor, and the character_ st-ics of the
lot, including l.ts ._ ;ap-?, area, topography, vegetation
and existing str'�otuice kill bc: such that adjacent
prop `r i s w111 o be iT: i 1_y a :tic , wndt adjacent
lots of single family residential size rendered
unsi.titable for develo )Mc::t;
(3) That the individual dwellinq units will have light, air,
off -- street parking, open space, privacy a.nd other
amenities which are norr- tia1177 'ncide..rit to single family
residential development.
SEC. 4.28.080: LOCATTON OF' BTJTt DTATGS, DETAACIDED ACI:;`S SC)RY
BUTLDT ?GS ADD COURTS
(1) The distance between main buildings shall be at least
24 feet; provided, that there shall be at least 40 feet
between any wall of a main building containing living
room windows and any other wall of a main building.
-154-
(2) Detached accessory buildings shall not be located in
any required yard, except a required rear yard, used
for dwelling purposes, nor closer than ten feet to a
main building.
(3) Inner courts shall not be authorized in multiple family
and two family developments.
(4) Outer courts shall have a minimize of 20 feet between
opposing walls; provided that if one or more living or
bedrooms obtain more than 25 per cent of their required
light or ventilation through an opposing wall, the
minimum distance between such opposing walls shall be
40 feet if one opposing wall contains such living
rooms, or 24 feet, if one opposing wall contains such
bedrooms.
SEC. 4.28.090: YARD AREAS
For purposes of this section, yard areas with regard to the
regulation of multiple family dwellings shall be measured from
the perimeter lines of the single parcel upon which all of the
buildings in the development are situated.
(1) The minimum front yard shall be 25 feet; provided that
the Committee may reduce the minimum front yard to 15
feet when granting architecture and site approval in
order to provide a better land utilization and a more
aesthetically attractive development of the particular lot.
-155
(2) The minimum rear yard shall be 20 feet.
(3) The minimum side yard shall be ten feet; provided that
if the wall facing the side yard contains:
Bedroom windows through which such room obtains more
than 25 per cent of its required light or ventilation,
the minimum side yard shall be 12 feet,
Living room windows, the minimum side yard shall be 15
feet, or
Living room windows through which such room obtains
more than 25 per cent of its required light or
ventilation, the minimum side yard shall be 20 feet.
5E= 4.28.1.00. ':F�_j mTn,7 IV `•TALJDAR OS
The reviewing body may, at the time of architecture and
reduce t development G.- r fo-r side or rear
site approval, _:c.L.�e �.�e i�andz ds
yards and building locations prescribed nn sections 4.28.080 and
4.28.090 when such reduction will facilitate a desirable site
layout which will otherwise satisfactorily provide attributes of
adequate light and air, privacy and zoning of activity- oriented
uses adequate to insure internal compatibility within the
development and with surrounding land uses.
SEC. 4.28.110: HFIGi1T
The maximum height for any principal building or structure
shall be two stories, but not exceeding 30 feet.
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SEC. 4.28.120: LOT AREA COVERAGE
Main building coverage shall not exceed 30 per cent.
SEC. 4.28.130: PARKING AREAS
(1) Off-street parking spaces shall not be in the required
front yard, provided that on application for architecture
and site approval the reviewing body shall have the
power to waive the requirement if the applicant can show
that such requirement is unreasonable as to that
particular property.
(2) For uses other than single family residences, sufficient
off- street parking for loading and delivery purposes to
prevent traffic congestion shall be rec^aired by the
reviewing body through architecture and site approval.
Chapter 4.30
R -D or Duplex Residential Zone
SEC. 4.30.010: INTENT
The R -D zone provides low density multiple dwelling areas
compatible with single family dwelling areas and with development
standards assuring those amenities provided for in the single
family residential zone.
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SEC. 4.30.020: PERMITTED USES
The following uses are permitted:
(1) Two family dwellings per site.
(2) Home occupations.
(3) Accessory structures located on the same site with a
permitted use, including private garages and carports,
studios for private use, garden structures, greenhouses,
hobby shops, recreation rooms and freestanding patio
covers.
(4) Single family dwellings.
(5) Family day care home not involving the presence of a
number of children which, when added to the number of
children residing in the dYaelling unit, =.zould exceed
six under 16 years of ace.
SEC. 4.30.030: USES PERMITTED BY CONDITIONAL USE PE"r'MITS
The following uses are permitted, provided that a valid
conditional use permit for such use is in effect:
(1) Private swim and /or recreation clubs.
(2) Public utility stations, transmission lines, storage
tanks, drainage ways and the like when found by the
reviewing body to be necessary for the public health,
safety and general welfare.
(3) Foster Homes, Group.
(4) Family day care home which involves the presence of a
number of children which, when added to the number of
children residing in the dwelling unit, exceeds
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6 under 16 years of age.
(5) Nursery schools, provided that each shall be on a site
not less than 20,000 square feet in area and in a
building not less than 2,000 square feet in floor area.
SEC. 4.30.040: LOT AREA
The minimum lot area in the R -D zone is 8,000 square feet.
SEC. 4.30.050: LOT FRONTAGE AND DEPTH
(1) The minimum lot frontage in the R -D zone for interior
lots is 80 feet and for corner lots is 90 feet. The
minimum depth for lots in the R -D zone is 100 feet.
(2) The minimum frontage of a cul -de -sac lot, if 75 per cent
or more of the lot fronts on the cul -de -sac, shall be 50
feet. The minimum average width of cul -de -sac lots shall
be 60 feet.
(3) The minimum width of a corridor to a corridor lot shall
be twenty (30) (sic) feet. The area of the corridor
shall not be applied toward satisfying the minimun lot
area requirement.
(4) Lots facing or backing on freeways, major highways,
secondary highways, railroad rights -of -way, schools or
-159-
parks shall have a minimum depth of 125 feet.
SEC. 4.30.060: YARDS
In the R -D zone the minimum front yard is 20 feet, side yard
8 feet, rear yard 20 feet and side yard abutting the street is 15 feet.
SEC. 4.30.070: HEIGHT
The maximum height for any principal building or structure
shall be two stories, but not exceeding 30 feet.
SEC. 4.30.080: LOT AREA COVERAGE
Main building coverage shall not exceed 40 per cent.
SEC. 4.30`090: PARKING AREAS
(1) Off - street parking spaces shall not be in the required
front yard, provided that on application for
-160-
architecture and site approval the reviewing body shall
have the power to waive the requirement if the applicant
can show that such requirement is unreasonable as to
that particular property.
(2) For uses other than single family residences, sufficient
off - street parking for loading and delivery purposes
to prevent traffic congestion shall be required by the
reviewing body through architecture and site approval.
Chanter 4.32
R -t. Multiple Family Residential gone
SEC. 1.32..010. TENT
The R --DS (Multi.ple Family Residential) zone is intended to
apply to areas .._rved by treets -arid other pabl. is improvements
and services which are crenerally sufficient to sustain multiple
residential development, and where the highest and best use of
the subject property and surrounding properties is multiple
residential, The R -M, zone is the major multiple residential
zoning district in the Town and is designed to allow various
density ranges with actual specific density to be determined by
the reviewing body, depending on the particular characteristics
of specific parce�l.s, the Uses surrounding the:R and the de ign
of the development proposed.
SEC. 4.32.020: PEPu' . TT:'3D USES
The following uses are permitted:
(1) Single family and. two famil�.11 dwellings.
(2) Home occupations.
°i�il-
(3) Accessory structures located on the same site with a
permitted use, including private garages and carports,
studios for private use„ garden structures, greenhouses,
hobby shops, recreation rooms and freestanding patio
covers.
(4) Family day care home not involving the presence of a
number of children which, when added to the number of
children residing in a dwelling unit, would exceed six
under 16 years of age.
SEC. 4_32.030: USES PERMITTED BY CONDITIONAL USE PERMIT
The following uses are permitted if a conditional use permit
for such use is in effect.
(1.) Multiple family dwellings.
(2) Private swim clubs, private recreation clubs, or similar
private recreation facilities.
(3) Public parks, playground,, community centers, fire and
police stations, and other public buildings, structures
and facilities.
(4) Public utility stations, transmission lines, storage tanks,
drainage ways and the like when found by the Commission
to be necessary for the public health, safety and general
welfare.
(5) Public or private library or museum.
(6) Schools, public and parochial (elementary or high),
college.
-162-
(7) Private schools, not including schools or colleges.
(8) Churches, monasteries, convents and other religious
institutions.
(9) Private fraternal organizations.
(10) Foster Homes, Group.
(11) Family day care home which involves the presence of a
number of children which, when added to the number of
children residing in the dwelling unit, exceeds six under
16 years of age.
(12) Boarding houses designed and intended exclusively for
use by senior citizens on property zoned R- M:5 -20.
(13) Nursery schools provided that each shall be on a site
not less than 20,000 squa'r'e feet in area and in a
building not less than 2,000 square feet in floor area.
(14) Residential condominiums, providing tentative subdivision
map of a residential condominium shall not be approved
until the residential condominium has been authorized
by a conditional use permit and received architecture
and site approval.
SEC.-A.39.040: LOT wIl -Tr
Each lot shall have a minimum average width of not less than
60 feet.
SEC. 4,32.050: LGT AREA
The minimum lot area for the R -,p, zone is 8,000 square feet.
SE.C. 4,32.060• DENSITY
An ordinance zoning property k-A must se, one of the following
-3 63--
density ranges in terms of dwelling units:
(1) RM:5 -12 (five to twelve dwelling units per net acre).
(2) RM:5 -20 (five to twenty dwelling units per net acre).
SEC_4.32.070: DENSITY - MLTL IPY'E FA -ITLY DWELLINGS__ FINDINGS
The precise authorized density for each building site shall
be determined by the reviewing body when issuing the conditional
use permit. The -reviewing body's density determination shall be
based upon findings that the density prescribed:
(1) will be adequately accommodated by streets serving the
development either in their existing configuration or a
configuration which is intended to be created in the
immediate future and that the development wi11 not
o,erburden existi.nu streets or other :public improvements
such that the Provision of _r. bli_c _•cervices to the general
area will not be imuaired.
(2) That the architectural design of the development, the
site planning therefor, and the characteristics of the
lot, including its shape., area, topography, vegetation
and existing structure wail be such that adjacent
Properties will not be adverse-i11, affected.
(3) That individual dwelling unl +Us will be serviced by light,
air, off- street parking, open space, privacy and other
such amenities which are normally incident to well -
designed residential development.
(4) Any multiple residential dcvelopraent existing on the
date this zone classification is applied thereto, the
-164 --
the density of which does not exceed the maximum limit
for this zone, shall be deemed by operation of law to
have had its density approved pursuant to the
provisions of this section.
SEC. 4.32.080: LOCATION OF BUILDINGS, DETACHED ACCESSORY
BUILDINGS AND COURTS
(1) The distance between main buildings shall be a minimum
of 24 feet; provided, that there shall be a minimum of
40 feet between any wall of a main building containing
living room windows and any other wall of a main building.
(2) Detached accessory buildings shall not be used for
dwelling purposes located in any required yard, except
the required rear yard, nor_' closer than ten feet to a
main building.
(3) inner courts are not cermitted.
(4) Outer courts shall have a minimum of 20 feet between
opposing walls; provided that if one or more living or
bedrooms obt�ain more than 25 per cent of their required
light or ventilation through an opposing wall, the
minimum distance between such opposing walls shall be
40 feet if one opposing wall contains such living rooms,
or 24 feet if one opposing wall contains such bedrooms.
SEC. 4.32.090: YARDS
For purposes of this section, yard areas with regard to the
regulation of multiple family dwellings shall be measured from
the perimeter lines of the single parcel upon which all of the
- -1b5-
buildings in the development are situated.
(1) The minimum front yard shall be 25 feet.
(2) The minimum rear yard shall be 20 feet.
(3) The minimum side yard shall be ten feet; provided that
if the wall facing the side yard contains:
Bedroom windows through which such room
obtains more than 25 per cent of its required
light or ventilation, the minimum side yard
shall be 12 feet;
Living room windows through which such room
obtains more than 25 per cent of its required
light or ventilation, the minimum side yard
shall be 20 feet.
SEC. 4.32.100: 117_'n�_
Tn' maN1Tim .,C1g ^n `or ant 'rInC7 liCil Tag Str a CtUr2
shall be two stories, but not exceeding 35 feet. when the building
is designed to provide cellar parlKing the height may be 40 feet.
_166-
SEC. 4.32.110: LOT AREA COVERAGE
Main and accessory building coverage shall not exceed 30
per cent.
SEC. 4.32.120: RECREATIONAL OPEN SPACE FOR MULTIPLE FAMILY
DWELLINGS
For multiple family dwellings other than residential
condominiums there shall be a total open space area, usable for
outdoor activities, calculated on the basis of 200 square feet
per each dwelling unit. This area is in addition to required
yards, is a minimum requirement, shall be composed of private
areas, community areas or both, and may be in the form of balconies
or decks, all as determined by the reviewing body. Any areas
intended to serve as private open space shall be screened for
privacy of the occupant as required by the reviewing body.
SEC. 4.32.130: R CF:FATTONPL. OPEN SPACE FOR 'ESIDENTTAL
CONDOMINIUMS
For residential condominiums suitable open space is required
to allow for exposure to the sun, ventilation, privacy, shade and
other amenities appropriate for Los Gatos' climate. The standards
listed below are minimums and do not preclude higher standards
from being imposed during the review of applications for
residential condominiums, when the design, location or proposed
occupancy of the condominium is such that the welfare of the
occupants requires higher standards.
-167-
(1) Private Open Space: Each ground floor dwelling unit
shall have a minimum of 200 square feet of outdoor
usable open space in the form of an enclosed patio.
Each dwelling unit above the ground floor shall have
120 square feet of outdoor usable open space in the
form of a balcony. For purposes of this section, a
double floor unit with the lower floor on the ground
level will be treated as a ground floor dwelling. The
minimum horizontal dimension for a patio is ten feet and
for a balcony is six feet. Private open space shall
be suitably screened for privacy of the tenant.
Screening is subject to review by the reviewing body.
(2) Communi_Ly R,creation_Space: In addition to the private
open space above, there shall be a total community
recreation area calculated on the basis of not less
than 100 square feet per dwelling unit. This area
shall be in addition to the required yards. The
reviewing body shall review the required community
recreation space to determine whether the location and
quantity of space and facilities provided are suitable
for the anticipated residents of the project.
(3) Location_ of Open Space: Private open space and community
recreation space may be located in required yards
provided the location is approved by the reviewing
body, and an equivalent land area is provided as
community recreation space elsewhere on the property.
-168-
SEC. 4.32.140: MODIFICATION OF DEVELOPMENT STANDARDS
Where lots and attendant facilities are improved as a unit
or contiguous units, the reviewing body in the course of
architecture and site approval has authority to modify the
development standards prescribed in sections 4.10.020, 4.32.080,
4.32.090, and 4.32.110 only when such action will promote
excellence of development, consistent with the intent of the
R -M zone.
-169 -
(The next page is 174)
Chapter 4.40
Provisions Applicable To
Nonresidential Zones
SEC. 4.40.010: USE OF DWELLINGS
In the 0, C -1, C -2, CC, CH, I.M, CM and RP zones 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 d.etennining applications for such
approval:
(1) The standards specified for architecture and site
approval.
(2) - ,,,II'_ther 2'e b lding S -i4 }_e eii er rehabillt-ated
in a colts b ".:en wi ".=h ; } -, 4,
' : -= r- C£3r,
or modified to be architecturally compatible with
contemporary commercial or industrial structures
in +vne vicinity:.
(3) Whether there will be appropriate use of existing
plants and other landscaping.
-174-
SEC. 4.40.020: CONTROL OF LIGHTING
In the O, C -1, C -2, CC, CH, LM, CM and RP zones electric
and other lights may be used for outdoor illumination. Such lights
must be shielded and directed to shine on improvements including
plants on the zoning plot where the lights are located and not
directly on adjacent property or any public right -of -way. Shoestring
lighting is not permitted.
-175-
SEC. 4.40.040: SPECIAL SALES EVENTS AND OUTDOOR DISPLAY
OF MERCHANDISE
In the CH, CC, C -1 and C -2 zones civic events, art shows, and
fund raising events for service clubs or charitable institutions
are exempt from the provisions of this Ordinance regulating outdoor
sales or display of merchandise, provided the event does not
exceed three days' duration. Shopping center and area wide sales
promotions are also exempt from the provisions of this Ordinance
regulating outdoor sales, provided a single event does not exceed
three days' duration, there is not more than one event per zoning
plot in each calendar quarter, and there is at least a 30 day
interval between events.
SEC. 4.40.050: GARBAGE At�ID WASTE CONTAINERS
In the R -M, 0, CH, CC, C -1, C -2 and LM zones all areas used
for storing garbage or waste containers shall be completely
enclosed and hidden from view by a wall or fence, in no case less
than six feet high, provided, however, that the Planning Director
may approve a wall or fence of lesser height following finding that
reduction in height would na t result in a reduction in the
effectiveness of such screening. All garbage and waste containers
shall be maintained within that designated enclosed space except
during pickup or cleaning.
SEC. 4.40.060: SEASONAL SALE OF CHRISTMAS TREES OR PUMPKINS
The establishment of temporary facilities for the seasonal
sale of Christmas trees or pumpkins is permitted in commercial
and manufacturing zones (C -1, C -2, CH, LM, CM), provided that a
-176-
temporary certificate of use and occupancy is obtained from the
Planning Director. Temporary facilities for the seasonal sale of
Christmas trees or pumpkins shall not be required to meet the
development standards of the commercial or manufacturing zones.
The Planning Director, upon receipt of an application to establish
a temporary facility for the sale of Christmas trees or pumpkins,
may issue a temporary certificate of use and occupancy subject
to the following conditions:
(1) The temporary certificate of use and occupancy shall be
limited to a maximum of 60 days and shall expire at the
expiration. of 60 days from its date of issuance.
(2) All temporary electrical facilities, temporary toilet
and plumbing facilities, and temporary shelters or
structures shall be approved by the Building Department
and the Fire Department.
(3) All signs and out -door advertising material shall be
subject to the standards of Chapters 3.30 through 3.39
of this Ordinance and their size and location shall be
- approved by the Planning Department.
(4) The area used as a temporary facility for the seasonal
sale of Christmas trees or pumpkins shall be left in a
clean and orderly manner with all structures, signs,
and other material removed prior to the expiration of
the maximum 60 day time limit.
(5) Adequate! off- street parking shall be provided for the
temporary facility.
i
-177
(6) The proposed temporary facility shall not unreasonably
interfere with or be detrimental to the public health,
safety, and welfare.
SEC. 4.40.070: PERFORMANCE STANDARDS
The following performance standards shall apply in the CM
and RP zones:
(1) Fire and Explosion Hazards: All activities involving,
and all storage of, inflammable and explosive materials
shall be provided wit]h adequate safety devices against
the hazard of fire and explosion and adequate fire-
fighting and fire - suppression equipment and devices
standard in industry. All incineration is prohibited
in the CM zone. Incineration may be permitted in the
RP zone with a conditional use permit.
(2) Radioactivity or Electrical Disturbances: Devices which
radiate radio- frequency energy shall be so operated as
not to cause interference with any activity carried on
beyond the boundary lire of the property upon which the
device is located. Radio - frequency energy is electro-
magnetic energy at any frequency in the radiospectrum
between ten kilocycles and 3,000,000 megacycles.
(3) Noise: The maximum sound pressure level radiated by any
use or facility when measured at the boundary line of
the property on which sound is generated shall not exceed
the values shown in the following table:
-178-
Octave Band
Range in Cycles Per
Second
Sound Pressure
Level in Decibels
0.0002 dyne /cm2
Below
75
72
75 -
150
67
150 -
300
59
300 -
600
52
600 -
1200
46
1200 -
2400
40
2400 -
4800
34
Above
4800
32
The sound pressure level shall be measured with a sound
level meter and associated octave band analyzer conforming
to standards prescribed by the American Standards
Association. "American Standards Sound Level Meters for
Measurement of Noise and Other Sounds, 224.3 -1944,
American Standards Association, Inc., New York, N.Y."
and American Standards Specifications for an Octave -Band
E'ilter Set For t*-,e Analysis of Noise and Ot := Sound,
224.10 -1953, American Standards Association, Inc.,
New York„ N.Y., shall be used, and the same are adopted
herewith by reference with the sane effect as if herein
set forth in full.
(4) vibration: No vibration shall be permitted so as to cause
a noticeable tremor at the lot line.
(5) Smoke: No emission shall be permitted at any point, from
any chimney or otherwise, of visible grey smoke of a shade
equal to or darker than No. 1 on the Standard Ringlemann
Smoke Chart, Information Circular 7718, as issued by the
United States Bureau of Mines, August, 1955, except
the visible grey smoke of a shade equal to No. 1 on said
chart may be emitted for four minutes in any 30 minutes.
-179-
That said Standard Ringlemann Smoke Chart Information
Circular 7718, as issued by the United States Bureau of
Mines, August, 1955, is hereby adopted by reference with
the same force and effect as if herein more fully set
forth.
These provisions applicable to visible grey smoke
shall also apply to visible smoke of a different color
but with an apparently equivalent opacity.
(6) Odors: No emission shall be permitted of odorous gases
or other odorous matter in quantities which exceed those
proportions shown in Table III, "odor Thresholds ", in
Chapter Five, "Air Pollution PJbatement Manual ", copyright,
1951 by Manufacturing Chemists' Association, Inc.,
Washington, D. C., which said manual and table are
herewith made a cart hereof and adopted by reference as
if herein more fully set forth.
(7) fly As Dust Fumes, Vapors, Gases and Other Forms of
Air Pollution: No emission shall be permitted which
causes any damage to health, to animals, vegetation, or
other form of property, or which causes soiling, at
or beyond the property line of the property where the
emission is produced.
(8) Glare: No direct or reflected glare, whether produced
by floodlight, high temperatures processes such as
combustion or welding, or other processes so as to be
visible from any boundary line of property on which the
same is produced., shall be permitted. Sky - reflected
glare from buildings or portions thereof shall be so
controlled by such reasonable ;Weans as are practical
to the end that the sky- reflected glare will not
inconvenience or annoy persons or interfere with the
use and enjoyment.of property in and about the area
where it occurs.
SEC. 4.40.O80: CODS AINDSTANDAI D_ ADOPT-D BY P.3 FP.EN"E
The Town Council of t=he Town does hereby adi—pt the following
enumerated :tanc&rd, °, and codes for the cort.. -ol a.,�d regulation
of noise, smoke, odors, and ;'missions related. thereto:
(lj All cal_ standards and Provisions, roz 1,e Ilcasljremellt of
sound oressure levels o-e.s r.b2._Ci bV t.l;.e 1'.xier1can
tan fY<3. T'CIs msso- - -, atior "' rn'-+r -
ticl wing �ica °, Stand .rds
11, no revel .ieters for M.�DsUr-msn of N c -se and
Other Sounds", %,: 4 3-104A, liperlcan Standards dissociation.,
Inc., New York, N.Y. and ".A.P:Brican S4-anC'a.rds
Specii_.catiens -for ari Octave-B-and Filter Set for •.
the Analysis of incise and Other Scand ", 12410 -195
E'Htl3rl Can S c:andards Associat].on, III-nc. , ( three ,-,opies of
wh.; -ch have been filed for use and examination by the
publ4c in the office of the- 1'own Clerk) are 111-rehv
referrer{ to and are hereby adopted and made a part
her-of as if U11:'y Set =_o ? "t:i n this 0rdinance.
A..1 the 3'L+9.. d..l: C''.S u.T;.:.; prCi 7,74 _1 ....� :f�:J ]: '�,�ile i?i:. ciSi 'P_Illt;
aIid con -i_rol of sr,tO _e Ur' ^E:cr_ibed by Standard
Ringlemann Smoke Chart, Information Circular 7718,
as issued by the United States Bureau of Mines,
United States Department of the interior, August,
1555 (three copies of which have been filed for use
and examination by the public in the office of the
Town Clerk) are hereby adopted and made a part hereof
as if fully set forth in this Ordinance.
(3) All the standards and provisions for the measurement
and control of odorous gases or other odorous matters,
and particularly Table III, entitled "Odor Threshholds ",
in Chapter Five, "Air pollution Abatement Manual ",.
copyright. 1551 by Manufacturing Chemists' Association,
Inc., T,,7Dsi'l.inn Cn, D.C., (':.-hre_e copies of which na ve
been filed for can and oyamdnat=on by the public in the
office of the Town Clerk), are hereby referred t0 and
are hereby adopted and made a part hereof, the same as
if fully set forth in this ordinance.
Ch spier _4.50
Office and Co =c- rcial Zones
SEC.__4.50 _010: SCOPE
The term office and commercial zones includes the 0 zone,
Chapter 4.52, -1 zone, Chapter 4.54, C- -2 zone, Chapter 4.56,
CC zone, Chapter 4.58, and CH zone, Chapter 4.60.
Chapter 4.52
O or Office Zone
SEC. 4.52.010: INTENT
The O zone is for professional and office uses in locations
served by primary highway access under development standards
requiring design and landscaping in harmony with adjacent
residential uses.
SEC. 4.52.020: USES PERMITTED
The following uses are permitted:
(1) Administrative or executive offices: Office management
operations, the direction of enterprises, and similar
uses but not including merchandising or sales services,
except real estate sales.
(2) Professional offices: Offices devoted to the practice of
the professions and arts, including, but not limaited to,
architecture, dentistry, engineering, law and medicine,
but not including the sale of drugs or prescriptions
except as incidental to the principal use and where there
is no external evidence of such incidental use.
(3) Home occupations.
SEC. 4.52.030: USES PERMITTED BY CONDITIONAL USE PERMIT
The following uses are permitted by conditional use permit:
(1) Research laboratories.
(2) Public utility stations, transmission lines, storage
tanks, drainage ways and the like when found by the
-183-
reviewing body to be.necessary for the public health,
safety and general welfare.
(3) Community hospitals.
SEC. 4.52.040: DEVELOPMENT STANDARDS
The development standards set forth in this zone are
established as a guide to the reviewing body and are to be applied
as minimum standards. The reviewing body may apply more restrictive
requirements when necessary or appropriate to provide development
harmonious with, and compatible to, adjacent uses.
SEC. 4.52.050: AREA
There is no minimum lot area requirement.
SEC. 4.52.060: YARDS
The minimum yard requirements shall equal those required in
the most restrictive con tigzaous zone. Sufficient landscaping shall
be recuirred to insure that the over -all effect of development is
harmonious with, and compatible to, adjacent residential uses.
SEC. 4.52.070: HEIGHT
The height for any main building shall not exceed 35 feet;
for any accessory building, shall not exceed 15 feet.
SEC. 4.52.081): .LOT A.RFA COVERAGE
Building coverage, including any type of accessory building
or s'tr'ucture, shall. not exceed 35 per cent of the lot area.
-- 184_.,
Chapter 4.54
C-1 Or Neighborhood
Commercial Zone
SEC. 404.010: 'INTENT
The C-1 zone permits a limited number of retail, service
and administrative uses whose main purpose is to serve a
neighborhood and encourages high quality architecturally designed
buildings compatible to surrounding residential development.
SEC. 4.54.020. UST 'S )?EJVjMYTTED
The following uses are permitted:
(1) Bakery goods store,
(2) Bank.
(3) Ba7ber shop an beauty shop.
(4) Book stare,
(5) Candy store, coda fountain, and ice cream pavlar-
(6) Cleaning and laundry agcAay, not including the plant,
but including pressing and launiyomats.
(7) Pharmacy.
(8) Food store, delicatessen and sunermarket.
(9) Gift shop.
(10) Bobby shop.
(11) Business office.
(12) Package liquor store,
(13) Professional office.
(14) On-sale restaurant.
(15) Real estate office.
(16) Shoe repair shop.
(17) Establishment selling alcoholic beverages for
consumption on the premises, when the serving of such
beverages is accessory to another lawful use.
(18) Shopping centers; provided that no use shall be
established therein unless such use is otherwise %
authorized by this zone.
DADITION! USE PERMIT
Sm. 4.54.030: USES PEP MIT TE!
The following uses are permitLed by conditional use permit:
(1) Automobile service station.
(2) Bakery.
(3) Dry cleaning plant.
(4) Neighhorhood variety store.
(5) Public utility stations, transmission lines, storage
tanks, drainage ways a,.-.d li1cD when found by the
reviewing body to be necessary for the public health,
safety and general welfare,
(6) The sale at retail of packaged foods or non-alcoholic
beverages for consumption off of the site by a restaurant
which is designed in accordance with the standards set
forth in section 2.00.110 as an on-sale restaurant.
(7) pet shop and dog wash.
(8) other uses customarily found in neighborhood shopping
areas and compatible with the particular neighborhood,
except drive-in restaurants.
-186-
SEC. 4.54.040: MERCHANDISE SALES REQUIREMENTS
(1) All businesses, services and processes shall be conducted
entirely within a completely- enclosed building, except
for parking and loading spaces and the sale of gasoline
and oil at service stations.
(2) All products produced on the site of any of the permitted
uses shall be sold at retail only and on the site where
produced.
(3) No use shall be permitted, and no process, equipment or
materials shall be employed, which are found by the
reviewing body to be objectionable by reason of odor,
dust, smoke, noise, vibration, illumination, glare or
unsightliness.
SEC. 4.54.050: AREA
There is no minimum lot area -requirement.
SEC. 4.54.060: YARDS ADJACENT TO RESIDENTIAL ZONES
Where a C -1 zone abuts, sides on, or is across a street or
highway from a residential zone, the following are minimum yard
requirements:
(1) Front yard and side yard abutting street: 25 feet, which
shall be landscaped and maintained.
(2) Side yard abutting adjacent residential property: 20 feet,
which shall be increased in proportion to the height of
building to provide a 45 degree light and air factor
from property line when applicable due to building
-187-
design. A six foot high masonry wall shall be required
at side property line.
(3) Rear yard: 20 feet, which shall be increased in
proportion to the height of building to provide a 45
degree light and air factor from property line when
applicable due to building design. A six foot high
masonry wall shall be required at rear property line.
SEC. 4.54.070: YARDS ADJACENT TO OTHER ZOtTES
Where a C -1 zone abuts, sides, or is across the street from any
other zone, the following are minimum yard requirements:
(l) Front yard: 15 feet which shall be landscaped and
maintained.
(2) Side yards None.
(3) Rear yard: None.
suc. 4.54.060: HEIGHT
The height for any building shall not exceed 30 feet.
SEC. 4.54.090: LOT AREA COVERAGE
Buiiding coverage, .including any type of accessory building
or structure, shall not exceed. 50 per cent of the lot area.
SEC. 4.54.100: EXISTING YARD REQUIREN.FNTS
The minimum yard requirements for any property being used
for residential purposes shall remain the same as those require-
ments which existed at the time such property was classified C -1.
' -188-
Chapter 4.5
�6
C-2 Or Central Business
District Commercial Zone
SEC. 4.56.010e INTENT
The C-2 zone provides the necessary criteria to develop
and maintain a desirable contral_ business district for the Town,
with the vji6w variety of retail, service and administrative uses
which are required to service a large trading area.
SEC. 4.56.020: USES PEWIFFED
The following uses are permitted:
(1) Retail business establishment.
(2) Bank nnS financial institution.
(3) Business, general adninistrative and professional office.
(4) On-sale rostauraw.
(5) PrAting and publishing business,
(6) Personal service estoblishment entirely within enclosed
buildings, such as barber shop, beauty parlor, shoo repair
shop, tailor shop, clothes cleaning and laundry agency
and self-service launderette; retail dry cleaning
esLablisbment, pruvided that the solvents used shall he
non-flammable, nun-explosive and are in fluid-tigiti
units approved by the State Fire Marshal; home decorator's
servico.
Limited repnir services conducted entirely within
enclosed buildings, suck as jewelry, domestic appliance,
typewriter and business machine repair shops.
.1sq. !
(0) Business services, such as advertising, credit reporting,
accounting, telephone services, consulting agencies,
stenographic and duplicating services; messenger and
telegraph offices, taxi stands.
(9) wholesaling without stock where storage of merchandise
is limited to samples Only.
(10) Homo equipment
(11) Club, lodge.
(12) Reserved.
(13) Hotel, motel.
(14) Parking lot and
(!5) Park, Piana and
ental establishments.
storage garages for autos.
playground.
(16) Artist studio, such an sculpture, painting, Potter_ , Q
(17) medical and dental clinic and labcratcrY-
(18) Resoulch lahor'toly.
(19) Establ-'i.E:hianonts selling alcoholic beverages for consumption
on the premises.
(20) Shopping centers; provided that no use stall be estallished
't-here.in unless such use is otherwise auQorize? by M07,
zone.
SEC. 4 X6.030 USES PEPNITTE't 5� r, r j' (' Ni 2,\
11 ----------
---------- - ------ ------ ------ --
The following uses are permitted by conditional use permit:
(1) vocational and specialized school, public, private and
parochial school.
(2) Commercial recreation establishment, including, but not
limited to, bowling, ice and roller skating, auditoriums
and sport arena.
-190--
(3) Undertaking establishment.
(4) Laundry plant.
(5) Public transportation facility, excluding storage.
(6) Service station.
(7) Outdoor sales areas, such as a market square, for the
marketing at retail of various products other than food
or beverages.
(B) Hall.
(9) Limited food processing with retail outlets on the
premises.
(10) Pet shop and dog wash.
(11) Public utility stations, transmicsion lines, storage
tanks, drainage nays and the like TA)?-_n found,
1, toe
Corn ituse to be necossary for the public health,
safety and general welfare.
(12) Residential use of a commercial building when such use
is confined to an area above the ground floor. Division
of any part of a commercial building into a residential
condominium is subject to the develo•ment standards for
condominiums in the R-M zcne. A tantative subdivision
map of a residential condominium shall not be approved
until toe residential condominium has been authorized
by a conditional use permit and received architecture
and site approval.
(13) Outdoor dining areas, when operated by and as an addition
to an on-sale restaurant.
(14) The sale at retail of packaged foods or non - alcoholic
beverages for consumption Off of the site by a restaurant
which is designed in accordance with the standards set
forth in section 2.00.410 as an on -sale restaurant.
(15) Other uses similar to the uses permitted in a C -2 zone
and compatible with the concept of a central business
district, except drive - -in restaurants.
(16) Nursery schools,, provided that each shall be on a site
not less than 20,000 square feet in area and in a building
not :Less than 2,000 square feet in floor area.
(17) Theaters, including .sign program-
Sin. 406 . q. L); MT1"' ;`IDI GF STiU.a `ES L) 1 '' `)T
(1) All businesses, services and processes shall within a
completely enclosed building, unless otherwise prescribed
in 'tills LO -..e. except F`.:>t: U17.t02TtcJU1 ie:S and loading spaces,
swimming pools, and botanical nursery plant displays.
(2) All products produced on the site for any of the `ermitted
uses shall be sold at retail only and on the site where
produced.
t3j No use shall be permitted, and no process, equipment or
material shall be employed, which are found by the
reviewing body to be objectionable by reason. of odor,
dust, smoke, noise, vibration, illumination, glare, or
unsightlipe.ss.
5iC . 4.55 .050- ARLA
There is no minimum lot area requirement.
-192 --
SEC. 4.56.060: YARDS
The following minimum yard requirements apply:
(1) Front yard: None, except as may be required by
architecture and site approval to assure
adequate light, air, and visibility.
(2) Side yard: None.
(3) Rear yard: None.
(4) Where a C -2 zone abuts, or is across the street from,
any other zone, the yard requirements of such zone apply.
SEC. 4.56.070: HEIGHT
The height for any building shall not exceed 40 feet provided
that a maximum height of 65 feet is permitted with a conditional
use permit. In granting such conditional use permit, the reviewing
body shall impose sufficient conditions with respect to design
and location of buildings and structures to assure adequate light and
air for the surrounding property.
SEC. 4.56.080: LOT AREA COVERAGE
There is no lot area coverage limitation.
Chapter 4.58
CC Or Civic Center Zone
SEC. 4.58.010: INTENT
The CC zone establishes a highly restricted zone to complement
and protect the government center.
-193-
SEC. 4.58.020: USE
The following uses are permitted:
(1) Art or antique shop, retail sales only.
(2) Bakery.
(3) Bank or financial institution.
(4) Barber and/or beauty shop.
(5) Book or stationery shop.
(6) Clothing shop.
(7) Drug store.
(8) Florist or gift shop.
(9) Grocery store, including meat, fruit, vegetable sales, and
delicatessen.
(10) Hobby shop.
(11) Meat market.
(12) Offices, business or professional.
(13) Photography studio.
(14) Public buildings, town, county, state and federal.
(15) On -sale restaurant.
(16) Schools, public.
(17) Retailrapexy shop.
(18) Fixit and vacuum repair shop.
(19) Auto parts shop,
(20) Liquor store.
(21) Establishments selling alcoholic beverages for
consumption on the premises, when the serving of such
beverages is accessory to another lawful use.
-194-
(22) Shopping centers; provided that no use shall be
established therein unless such use is otherwise
authorized by this zone.
SEC. 4.5£3.030: LJSPS PEF- njTT=D SY CONDITIONAL USE PERJAIT
The following uses are permitted by conditional use permit:
(1) Automobile service stations.
(2) Domestic laundry.
(3) Multiple family dwellings, and residential con domin.iurns
subject to the d(-- -- v'lopment standards for the R- -M zone.
A tentative subdivision map of a residential condomi_niu11?
shall not be approved until the residential condo- -inium
h,3s been author.zed 'bv a cox,ditiona-1 ope 'oermit and
received. arc ',:ecture and s-IA e c1pproval.,
(4) 1I.Partmc it h.ot ^_ S, ho eis and IYtot'-i`is,.
(5) Private schools.
(6) Nursery schools, provided that each shall. be on a site
not less than_ 20,000 square feet in area and in a.
bniidi.zg not icss than 2,000 square feet in floor
(7) Sporting goods shop.
(H) Dental laboratory.
(9) Outdoor dining areas, when op°rated by a.nd as an addition
to ajt on -sale -restaurant.
(10} quasi- public buil..ding, and uses such as church,
fraternal, scouting, Red Cross, Campfire Girls, and
the like, except missions or revival halls or tents.
1.4 5...
A
(11) Public utility stations, transmission lines, storage
tanks, drainage ways and the like when found by the
reviewing body to be necessary for the public heal.,'.--h,
safety and general welfare.
(12) The sale at retail of pactagod foods or non-alcoholic
beverages for consumPtAon off of the site by a restaurant
which is designed in accordance with the standards set
forth in section 2.00.410 as an on-sale restaurant.
(13) Candy store, soda fountain, and ice cream parlor
(141 Supermarket.
(lq shoe repair shop.
(IS) Retail business establashment.
(1() Printing and publishing business.
(10) Personal service establiMsent entirely within enclosed
buildings.
(19) Tailor shop,
(20) Retail dry cleaning establishments (provided that the
solvents used shall be non-flammable, n)n -explosive and
are in fluid-tigbt units approvea by the State Fire
marshal) .
(21) interior decorator's service,
(22) Limited repair services conducted entirely within enciosed
buildings, such as jewelry, domestic appliance,
typewriter and business machine Yapair shops.
(23) Business services,.such as advertising, credit
reporting, accounting, telephone services, consulting
agencies, S+--enogra-phic and duplicating services,
messenger and telegraph offices, taxi stands.
(24) Wholesaling witj,out stock, cahere storage of merchandise
is limited to samples only.
(25) Home equipment rental establishments.
k (26)
club, lodge.
(27) Movie theater.
(28) Parking lot and storage garage for autos.
(29) Park, plaza and playgroure�,
p')tt('r,
(30) Artist siudic' Such. as
(31) Medic<<-L c)Tld dental clinic and lctb'orat,,r-,".
(32)" Rssear-'-;-I labora4(D,ry.
(33) : eliling alcoholic boveraqes 1:o-
on the premises.
13?` j I - c '. q
1-- and specisl.i7ed - anilparoc'hia! school..
(35') Cotimicrcial recyeaLisn establishnient, incli'.ding, buc 110L
linliteO to, bowling, ice and roller skating, auditoriums,
and sport arena.
(-6) UndertU,king establishment.
(37) PUbl-lic facility, excluding
(39) outdoor sales areas, such as a market. square, for the
marketintj at retail. of various products other than --(.)(-,d
or beverages,
197-
-198.-
(39)
Hall.
(40)
Limited food processing with retail outlets on the
premises.
(ail)
Pet shop and clog wash.
(42)
other uses similar to 4:1,e uses permitted in a CC zone
and compatible with the concept of a civic center zone,
except driva -in restaura.nt.s.
SEC.
4.58.040: ARIA
,!--I-ere is no minimum 1nt area reeuirement.
SEC.
4.58.050: FRC>ivrT <rAF:DS
ie
ollow_nq miniirtam yard reaui.rem.ents shall. apply:
(1)
feet frr--,q elan line widt:h. Main Both sides, —z
(2)
V41'a r. e. t.: 15 feet.
( °,l
J'ac',aon. S' ets 20 ree't.
HigYi School Court: m en` fee'c..
(6)
Chuxcl'. St,�ee L: `Len feeL.
(I)
Pageant. Clay: 20 ,eet.
(8)
Pleasesnt. Street: 15 j eE— t.
E YARDS
The
follnvai.nq imuin yard requirements shall apply:
(1)
"Whare adjacent to malls: ivone.
(2)
For multiple residential use: Same as the R -M zone.
(3)
For commercial use; None, except where adjacent to
residential use, then same as R -M zone.
-198.-
SEC. 4.58.070: REAR YARDS
The following minimum yard requirements shall apply:
(1) For multiple residential: Same as the R -M zone.
(2) Commercial use: None.
(3) Public and quasi - public uses: None.
SEC. 4.58.080: HEIGHT
The height for any building shall not exceed 35 feet.
SEC. 4.58.090: LOT AREA COVERAGE
Building coverage, including every type of accessory building
or structure, shall not exceed the following percentage of the
lot area:
(1) Multiple residential use: 30 per cent.
(2) Commercial use: None.
(3) Public and quasi - public uses: 60 per cent.
Chapter 4.60
CH Or Restricted Hiahwav
Commercial Zone
SEC. 4.60.010: INTENT
The CH zone provides restricted commercial uses along major
highways to assure orderly and desirable highway frontage.
SEC. 4.60.020: USES PERMITTED
The following uses are permitted:
(1) Banks and financial institutions.
(2) Churches.
-1.99-
(31 On -sale restaurant.
(4) Governmental or public utility facilities.
(5) Offices, business and professional.
(6) Public parks and playgrounds.
(7) Private clubs, lodges, or meeting halls.
(8) Auditoriums.
(9) Hotels, motels, including the following commercial
uses in conjunction therewith when clearly incidental
and subsidiary to the hotel or motel use specialty
shop, clothing store, cigar and candy shop, gift shop,
barber shop, beauty shop, auto rental agency, airline
agency, travel agency and other uses similar to the
above.
(10) EstaAlis'ri.:ent selling alcoholic beverage; for consumption
on the premises, when the serVing of Such beverage is
accessory to another lawful use.
SEC. 4.60.030: USES PEP.MITTED BY =;,DITIOtiAL USE PERMIT
The following uses are permitted by conditional use permit:
(1) Botanical nursery; provided, that all incidental equipment
and supplies, including fertilizer, and empty cans and
all garden equipment and other apparatus for garden use,
for sale on the premises, are kept in an enclosed building.
(2) One family and two family multiple family dwellings and
groups, combinations thereof, and residential
condominiums, including accessory structures and
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swimming pools for private use of residents. All
residential uses are subject to the development
standards for the R -M zone. A tentative subdivision
map of a residential condominium shall not be approved
until the residential condominium has been authorized
by a conditional use permit and received architecture
and site approval.
(3) Mortuary.
(4) Small animal hospital.
(5) Recreational vehicles sales, boat sales and camper units
sales.
(6) Service station.
on.
7) New d11'C.o -7"7 b11G sales a.l-ld automobile �.i1.1 services, 1`SCIUCiJ n�f
the -d_._6 of used aut -0mUb11 °..: provided. '".,a"` said S21, C-?S
are conducted in connection 'with,, and subsidiary ago, .a
bona-fide new car Sales operaui.on on the same preiT.7sen I
arid, provided. Further, that all a tomob i.a_e service s.-..nd
repair areas shah be within a completely enclosed .:�u Lldin g.
(8) Public utility stations, transmission lines, Store.
tanks, drainage ways and the like when found by the
reviewing body to be necessary for the public health,
safety and general welfare.
(9) Specialty shop, clothing store, cigar and candy shop,
gift shop, barber shop, beauty shop, auto rental agency,
airline agency, travel agency and other users similar to
-251-
the foregoing when such uses are adjacent to a hotel,
motel, or hotel-motel complex, and are compatible with
the particular area.
(10) Home and garden equipment sales and rentals; provided,
that all sales and display areas are within an enclosed
building.
(11) The sale at retail of packaged foods or non-alcoholic
beverages for consumption off of the site, by a restaurant
which is designed in accordance with those standards set
forth in -section 2.00.410 as an on-sale restaurant.
(12) other uses similar to the uses permitted in the CH zone
a,,-,a w3 L�.,c cozcept of the restricted
hi- hWay comTercia! zone except drivc-in restaurants.
(IN AuVmotiva LiTe" an& accessories, salon and service,
excluding rocapping.
S7C, &Q) 040 MERCHAN''ID-1 E SAIES MUTREKENTS
(1) All businesses, services and processes shall be conducted
entirely within a conpletely enclosed building, except
for parking and loading spaces, the sale of gasoline
and oil at service stations, the sale of automobiles,
boats and recreation vehicles including camper units.
(2) All products produced on the site of any of the permitted
uses shall be sold at retail only and on the site where
produced.
(3) No use shall be permitted and no process, equipment or
materials shall be employed which are found by the
202-
reviewing body to be objectionable by reason of odor,
dust, smoke, noise, vibration, illumination, glare or
unsightliness.
SEC. 4.60.050: AREA
There is no minimum lot area requirement.
SEC. 4.60.060: YARDS ADJACENT TO RESIDENTIAL ZONES
Where a CH zone abuts, sides on, or is across a street or
highway from a residential zone, the following minimum yard
requirements apply:
(1) Front yard and side yard abutting street: 15 feet, which
shall be landscaped and maintained.
(2) Side yard abutting adjacent residential property:
15 feet, which is increased in proportion to the height
of building to provide a 45 degree light and air factor
from property line when applicable due to building
design. A six foot high masonry wall is required at
the side property line.
(3) Rear Yard: 20 feet, which is increased in proportion to
the height of building to provide a 45 degree light and
air factor from property line when applicable due to
building design. A six foot high masonry wall is
required at rear property line.
SEC. 4.60.070: YARDS ADJACENT TO OTFIER ZONTES
Where CH zone abuts, sides or is across the street from any
zone other than residential:
(1) Front yard: 15 feet, which shall be landscaped and
-203-
maintained.
(2) Side yard: None
(3) Rear yard: Ten feet.
SEC. 4.60.080: HEIGHT
The height for any building shall not exceed 35 feet.
SEC. 4.60.090: LOT AREA COVERAGE
Building coverage, including any type of accessory building
or structure, shall not exceed 50 per cent of the lot area.
SEC. 4.60.100• EXISTING YARD REQUIREMENTS
The minimumm yard requirements for any property being used
for residential,. purposes shall remain the same as those requirements
which existed at the time such property was classified CH.
SEC. 4.60.110: LANDSCAPING REQUIREMENTS
Landscaping shall be lawn, ivy, shrubs and trees. No gravel
or rock shall be permitted to be used as the basic ground cover.
All landscaped areas shall have an adequate watering system.
Chanter 4.70
Industrial Zones
SEC. 4.70.010: SCOPE
The term industrial zones include the LM zone,Chapter 4.72,
CM zone, Chapter 4.74, and RP zone, Chapter 4.76.
-204-
Chapter 4.72
LM Or Light
Manufacturing Zone
SEC. 4.72,010: INTENT
The LY, zone provides light industrial uses generally
incompatible with general commercial use but which performs
important services to the Town.
SEC. 4.72.020. US 'I'S PERMITT-ED
The follow.uIo uses axe perr'l.itted-
W Co-.,itracL cons truction business, includin, -�l
C- & tc,3 S 1 C e
and storage f<ucilities.
(2) Fs-Illildincj -mat-erieli sales.
31 Fanm, &nka, o-rc'ea,, cquip.,i't,nt sall-C,1, Cori!
locjC rs .
(6) Janitorial s6,1-es.
Automobile- repair garage, 1--lu(.ii-nc victor
pai71 Li).,,1-5, and ,i;ulflec shop,e.
" ") Tire Lezapping and sales.
(9) Mechanic-,' automcbile
(10) Parcel de- IAN,,ery service,
(J-1) Warehousinc-.
(12) Bottling plant.
(13) Soft water service plant.
(14) Ice cream manufactur,'ng plant-,
(15) Packing and crating oFtablisnment-s.
(16)
Machine shop.
(17)
Sheet metal plant.
(18)
Appliance repair.
(19)
Truck terminal.
(20)
Trailer rentals.
(21)
Machinery sales and rentals.
(22)
Pluurflning shop
(23)
Sign manufacturing.
(2 4)
Small boat manufacturing.
(25)
Electronic plant.
(lei)
p(,jb1j,c utility plant service
yard.
(27)
Printliq and publishing buW1esscs-
4 MAN:
ilk' A---
uses are pcYmitWd
by conditional uso permit.
(3)
cloaning and dyeing plant
(2)
Any gei-)cral commercial use.
including on-sale restaurants,
drive-in restaurants and establishments
selling alcobolic
beverages for consumption an
the premises.
(3) Laundry.
(4) Rug cleaning and dyeing.
(5) petroleum products bulk dist-rJ-bution p lant.
(6) public utility stations, transmission lines, storage
tanks, drainage ways and the like when found by the
approving body to be necessary for the public health,
safety and general wclfare<
(7) Stone cutting and monument manufacturing.
(8) veterinary or dog and cat hospital and kennel.
(9) Lumber yard.
(10) Other similar uses.
(11) Public continuation high school. Further defined as
a small necessary high school.
SEC. 4.72.040: MERCHANDISE SALES REQUIREMENTS
The following uses shall be conducted within a completely
enclosed building, or within an area enclosed on all sides with
a solid wall, compact evergreen hedge or uniformly painted board
fence, not less than six feet high.
(1) Building material sales yard, including sale of rock and
gravel and the 'like, as an incidental part of the main
business, but excluding concrete batching and mixing
on the premises.
(2) contractor's equipment storage yard or plant, or rental
of equipment commonly used by contractors.
(3) Retail lumber yard.
(4) Feed and fuel yard.
(5) Draving, freighting or trucking yard terminal.
(6) Public utility service yard or electrical receiving or
transmitting station.
(7) Small craft building.
SEC. 4.72.050: AREA AND WIDTH
The minimum lot area is 8,000 square feet and the minimum
lot width is 50 feet.
-207-
SEC. 4.72_060: YARDS ADJACENT TO RESIDENTIAL ZONES
The following minimum yard requirements shall apply:
Where an LM zone abuts, sides on, or is across a street
or highway from, residentially zoned land:
(1) Front yard: 25 feet, which shall be landscaped and
maintained.
(2) Side yard abutting adjacent residential property: 20
feet, which is increased in proportion to the height of
building to provide a. 45 degree light and air factor
from property lire when applicable due to building
design. A six foot high masonry wall is required at
side property lines.
(3) Side yards abutting street: Same as front yard.
(4) Rear yard: 20 feet, which is increased in proportion to
the height of building to provide a 45 degree light and
air factor from property line when applicable due to
building design. A six foot masonry wall is required
at rear property line.
SEC. 4.72.070: YARDS ADJACENT TO OTHER ZONES
Where an LM zone abuts, sides, or is across the street from
any other zone:
(1) Front yard: 15 feet, which shall be landscaped and
maintained.
(2) Side yard: None.
(3) Rear yard: None.
/ -208-
SEC. 4.72.080: HEIGHT
The height for any building shall not exceed 35 feet.
SEC. 4.72.090: LOT AREA COVERAGE
Building coverage, including any type of accessory building
or structure, shall not exceed 50 per cent of the lot area.
SEC. 4.72.100: OUTDOOR STORAGE
Outdoor storage is permitted if the area for storage is
suitably screened from adjoining property by a wall, dense
evergreen hedge of trees or other screen planting or a solid fence
not less than six feet high. No materials shall be stored in such
a manner as to project above the wail, planting or fence.
Required yards are to be landscaped except for accessways.
Chapter 4.74
CM Or Controlled
Manufacturing Zone
SEC. 4.74.010: INTENT
The CM zone provides controlled manufacturing uses under
development standards compatible with adjacent commercial and
residential uses.
SEC. 4.74.020: USES PERMITTED
The following uses are permitted:
(1) Administrative, executive and financial offices.
(2) Air conditioning, manufacture and sale.
(3) Aircraft parts, manufacture and sale.
-209-
(4) Automobile parts, manufacture and sale.
(5) Awning manufacture and sale, cloth, metal, wood or
plastic.
(6) Broom manufacture and sale..
(7) Bottling works and syrup manufacturing and sale.
(8) Confection manufacture and sale.
(9) Carting, express, hauling ox storage.
(10) Clothing and dry goods manufacture and sale.
(11) Crop and tree farming, as the same existed at the time
of the adoption of this Ordinance.
(12) Electrical and electronic parts, products and appliances
and sale.
(13) Electrical and neon sign, manufacture and sale.
(14) Enc-e:ope, manufacture and sale.
(15) Fixture, manufacture and sale.
(16) Food and beverage, sale.
(17) Furniture, manufacture and sale.
(18) Hardware, manufacture and sale.
(19) Household appliances, manufacture and sale.
(20) Ice cream, manufacture and sale.
(21) Knit goods, manufacture.
(22) Laboratories, experimental., film or testing.
(23) Leather products, sa'_e.
(24) Looseleaf book, manufacture and sale.
(25) Mattress, factory and sale -- renovating where dust-
precipitating equipment is .used.
' - -210-
(26) Metal products, manufacture and sale.
(27) Millinery, manufacture and sale.
(28) Office equipment and supply, manufacture and sale.
(29) Optical goods, manufacture and sale.
(30) Paper products and paper box products, sale.
(31) Pharmaceutical, manufacture and sale.
(32) Plastic products, molding, casting, and shaping.
(33) Pool car distribution warehouse.
(34) Professional, research and engineering offices.
(35) Publishing, printing, engraving and lithographing.
(36) Rug and carpet, manufacture and sale -- cleaning, if
dust -proof cleaning rooms in which dust- catching,
washing and scouring equipment are provided.
(37) Seed, sale.
(38) Shoe and boot manufacture and sale, excluding any tanning
operation.
(39) Storage battery sale.
(40) Team tracks and unloading docks, railroads.
(41) Tires and accessories, sale.
(42) Tire, retreading and recapping and sale.
(43) Tool, manufacture and sale.
(44) Venetian blind, manufacture and sale.
(45) Warehousing and sales office.
(46) Wood products, sale.
(47) Banks and financial. institutions.
-211
SEC. 4.74.030: USES PERMITTED BY CONDITIONAL USE PERMIT
The
following uses are
permitted by
conditional use
permit:
(1)
On -sale restaurants
and drive -in
restaurants.
(2) Other uses similar to the uses permitted in a CM zone
and compatible with the concept of a controlled
manufacturing zone.
(3) Public utility stations, transmission lines, storage
tanks, drainage ways and the like when found by the
reviewing body to be necessary for the public health,
safety and general welfare.
SEC. 4.74.040: DEFINITION OF SALT:
Shall be limited to the wholesale of articles manufactured
on the premises and sales to the ultima te consumer of articles
manufactured on t:he premises to customer's o':-1er.
Retail businesses, that is those businesses engaged in the
purchase of articles at wholesale for resale at retail_, are
prohibited and excluded.
SEC 4.74.050: ?_^ ,AA
The minimum lot area is 80,000 square feet, provided that
the minimum lot area may be reduced to not less than 40,000
square feet by a conditional use permit.
SEC. 4.74.060: YARDS
The following minimum yard requirement shall apply:
(1) Front Yard: 25 feet provided, however, that an
additional one foot in depth shall be added to the
-212-
minimum front yard for each foot in height by which
the main building exceeds 20 feet. All front yards
are to be landscaped and maintained in a neat and
attractive condition at all times. This provision
does not prohibit construction of necessary driveways,
which also are to be maintained in a neat and
attractive condition at all times.
(2) Side Yards: 25 feet in width. Where a lot has its
side yard adjacent to a street, the reviewing body
may designate such additional landscaping and setback
requirements necessary to maintain the area in a
uniform character.
(3) Rear Yard: Ten feet. Where a lct has its rear vard
adjacent to a street the reviewing body may designate
such additional landscaping and setback requirements as
are necessary to maintain the area in a uniform
character.
SEC. 4.74.070: HEIGHT
The height for any building shall not exceed 35 feet.
SEC. 4.74.080: LOT AREA COVERAGE
Building coverage, including any type of accessory building
or structure, shall not exceed 40 per cent of the lot area.
SEC. 4.74.090: MATERIAL STORAGE
Storage of raw, in process or finished material and supplies,
and of waste materials shall be maintained at all times in an
-213-
enclosed building. outdoor storage in connection with public
utility facilities may be permitted under use permit procedure.
SEC. 4.74.100: FENCING
Fencing of any kind, properly maintained, and having a
uniform and durable character shall be permitted. No fencing of
front yard areas shall be permitted.
SEC. 4.74.110: LOADING
Required loading areas may occupy a rear yard or any part
thereof.
Chapter 4.76
RP Or Research Park Zone
SEC. 4.76.010: INTENT.
iche RP zone provides controlled research - manufacturing uses
of a type suitable for location in areas adjacent to or within
mountain areas, parks and residential developments as indicated
on the general plan.
SEC. 4.76.020: USES PERMITTED
The following uses are permitted:
-214-
(1) Agriculture.
(2) Administrative offices.
(3) Experimental laboratories, research facilities, and
prototype manufacturing excepting chemicals, petro-
chemicals, explosives, atomic energy development and
similar uses i- nvolvi.ng hazardous materials.
SEC. _4.76.( 30: USES 1'E?R1ITTED R`_ CONDIl Oi`eA_USEP,ri=.
The follow_'.ng uses are permit+ -e ..'.)y corditic,-n l use permit -,
(1) The m4i7 +ar atuae s,nd sale. of end pro.I•cts other: than
pr6t0 tS'. es, 3:e1a "l :ed 4.0 1iPli_7l. i. a'UO rc+. ..O :Cy' 1ai.:1_l,.i
(2) i- 'l;.)�i ]_i' utility stations, trap ini. °510^ 1.1`72: :,O:C . ^j
: the tt7 >,i found n,> th=
tii Jle -. �_n•� .J dy' tit �':e E;;Sa:..y :i12 >✓'J�i1.0
s fe y ' lA .. (J'
us C9S
(3) Golf courses.
(4) _F, ?;p r1m.(311 La ). l.a 1:.'::o
(5) Churcn_S.
4.. 70.040° AREA
(1) The minimum lot area.. is 200,000 yU3i2 feet. ;, '1.; I')
area may be consj.dered for le:E:;C.r S::_7. i -- t.'31:]e:C uSE' t l'_t
procedure where land is taken for mark and 1"ecreat.ion
faciliti.e.s; or golf courses, but said lot shall be no
less than S0,000 square feet..
2 Lots ox f
less than 80,000 .- ,_,_:...re feet may be considered
by use permit procet Lt_e ':Or CoV.'rr ile Tital. bui.l_1.1ngs when
-2-35-
found by the reviewing body to be necessary for the
public health, safety and general welfare.
(3) There shall be no more than one use per lot.
SEC. 4.76.050: LOT AP.EA COVFP)GF_,
Building coverage, including any type of accessory building
or structure, shall not exceed 30 per cent of the lot area.
SEC. 476M60: MATERIAL STORAGE
Storage of raw, in process or finished material and supplies,
and of waste materials shall be maintained at all times in an
enclosed building.
SEC. 4. 7ov 70 FRONT
(1) Bu L . alnq, No building ldi_ng shall be placea place within H0 feet of
the property line,
( ) Parking. yo parking or servica d r' AM! be placed
42 1. LI1 J_n /10 f,-,et UL the property line.
(3) Planting. The area 20 feet from the property line shall.
Je e xCj. sj ely for l_an scaping except for necessary
roads to public streets.
SEC.. 4. 76 ASO: SID A D R A "? RDS
(l.) Building, No building shall be placed within 60 feet or
the property line.
(2) Parking. No parking or service areas shall be placed
within 30 feet of he property line.
(3) Planting. The area ten feet from the property line shall
be used exclusively for landscaping, except for necessary
access roads to public streets.
-216-
SEC. 4.76.090: SPECIAL YARD REQUIREMENTS
(1) All yards up to the building not used for parking and
access roads shall be landscaped and maintained in a
neat and attractive condition at all times.
(2) where a lot has its side and rear yards adjacent to a
street, the reviewing body may designate such additional
landscaping and setback requirements as are necessary
to maintain the area in a uniform, character.
(3) Yard requirements may be varied by the -reviewing body
based on excellence of design.
(4) Natural water courses, stands of trees, and the like,
which are dedicated to the public use, may be counted
as part of the required yard.
SEC. 4.76.100: FENCING
Fencing of any kind properly maintained and having a uniform
t
and durable character is permitted. No fencing or front yard
area is permitted.
SEC. 4.76.110: HEIGHT
The height for any building shall not exceed 35 feet.
-217-
Chapter 4.80
Overlay Zones
SEC. 4.80.010: SCOPE
The term overlay zones includes the PD zone, Chapter 4.82,
R (Rehabilitation) zone, Chapter 4.84, and the Landmark and
Historic Preservation zone, Chapter 4.86.
Chapter 4.82
PD or Planned Development
Overlay Zone
SEC. 4,82.010: APPLICATION
The provisions of Chapter 4.82 apply
in the PD (planned development overlay) zone. Any real property
which on March 7, 1973 ,vas zoned PD (planned development.) index
the provisions of Article 20 of the Zonir:g Ordinance (Ordinance
No. 867 was amended by Ordinance 1036) shall conti-nue to remain
zoned PD. Uses and developments established pursuant to Ordinance
1036 are lawful if established within any time limits set, and
conducted and operated in accordance with the requirements and
performance standards of the development plan approved under
Ordinance 1036. Changes in the uses or developments in PD zones
which existed before March 7, 1973 are not authorized unless
incorporated in development plans approved before March 7, 1973
and approval of such changes shall be subject to the requirements
contained in sections 4.82.020 through 4.82.230.
-2 ] H-
SEC. 4.82.020: INTENT
The PD zone is to be combined with another zone classification.
The zone with which the PD zone is combined is called the
underlying zone. After establishment of a PD zone the uses
authorized in the underlying zone continue to be lawful as
alternatives to the uses authorized in the PD zone, but the land
in the zone must be used either in the manner provided by the
underlying zone or the PD zone, and not both. The purpose of the
PD zone is to provide for alternative uses and developments more
consistent with site characteristics than allowable in other zones,
and so, create an optimum quantity and use cf cpen space and
encourage excellence of design. The PD zone permits establishment
of a single use or the integration of several different uses not
ordinarily permitted within the underlyinq zone because of use
limitations or standardized devei.opment or design requirements Of
the underlying zone. Such flexibility is possible only if use
and development is in compliance with a complete development plan
showing relationships of the use or uses to each other, to the
district as a whole, and to surrounding areas.
SEC. 4.82.030: SITE AREA
A planned development zone shall not consist of less than
15,000 square feet of contiguous site area.
SEC. 4.82.040: USES PERMITTED
Commercial, residential, industrial, public or quasi- public
uses or combinations thereof to the extent specified in the
precise plan.
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SEC. 4.82.050: DENSITY REGULATIONS
The commission and Council shall prescribe in connection
with approval of an "Official Development Plan" the exact density
of a residential development, in no event exceeding the allowable
density limits of the land use element of the general plan and
any other applicable commission or council resolution of
development policy.
SEC. 4.82.060: PROCEDURE FOR-- DOWTON OF OFFICIAL DEVELOPMENT PLAN
The applicant shall file a preliminary development plan drawn
to scale with any application for PD zoning showing:
(1) A land use plan locating all proposed uses.
(2) A tentative site plan illustrating the following:
(a) Building placement
(b) Useable public and private open space
(c) Landscaped areas
(d) Natural features such as creeks, major tY'ees,
bluffs, etc.
(e) Sidewalks, paths, and trails
(f) Parking areas
(g) Vehicular circulation
(h) Major features on adjacent property which affect
the development proposal or are potentially affected
by it.
(3) Public parks
(4) Schematic architectural elevations of all buildings and
structures illustrated in relationship to each other and
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any major structures on adjacent property which are
affected by the development proposal or are potentially
affected by it.
(5) Schedule for phased development (if proposed)
(6) Present and proposed land ownership
(7) Calculation of land area including:
(a) Gross area
(b) Area in public streets
(c) Area in private streets
(d) Area covered by buildings including garages and
carports
(e) Area of landscaped public open spare
(f) Area of landscaped private open space
(g) Area of uncovered off-street parking
Area of undcvelo,-na le land (ease, eats, creeks cr
natural water courses, slopes, etc.)
(i) Net land area after deduction of all public and
private streets
(8) Floor areas of each type of unit
(9) Proposed number of off - street parking spaces
(10) Grading information as necessary to determine the
appropriateness of the proposed type and intensity of use
(11) Such other information as the Commission and /or Plannina,
Department may require, including in some instances a
market analysis demonstrating the need for such uses as
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prescribed in the proposal in the types, amounts and
locations proposed.
SEC. 4.82.070: PUBLIC REARING BEFORE PLANNING COMMISSION
At conclusion of a public hearing the Commission may
either:
(1) Forward the application to the council with a
recommendation for approval.
(2) Deny the application-
(3) Continue t`ie hearing to a specific date and .refer the
application to the applicant wish a request for more
information or with recommendations for modification.
SEC. 4.82.08 APPEAL
Appeals to commission action pursuant to section 4..82,070
shall be file: as specified in section 5.30.050.
SEC 52.090: j> .LTC
The Council shall hold a noticed public hearing on any
application forwarded to it unaer section 4.82.070(1), and may
either:
(1) Disapprove the application and dismiss the proceedings.
(2) Adopt an ordinance rezoning the property PD with the
underlying zone, and adopt the preliminary development
plan as the "Official Development Plan ", incorporating
such ordinance, governing all subsequent development on
the land which is subject to the PD zone. The approved
official Development Plan shall specify the total
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number of permitted buildings, list the categories of
uses permitted and specify the total numbers of units
of use, such as dwelling units, retail stores and
service establishments, in such detail as is appropriate,
and shall include any performance standards which the
Council finds appropriate.
(3) Continue the public hearing to a specific date and
refer the application to the Commission with a request
for more information or with recommendations for
modification.
SEC. 402_100: FILING OF OFFICIAT.. DETELOYMENT PLAN,
Copies of the approved Official Development Plan including
all assigned performance standards shall he filed in the offices
of the Town Clerk and Planning Department.
FCC A2,110: REVIEW OF PREC Cam' p S
1.>
Before issuance of any permits in compliance with an approved
Official Development Plan, the applicant shall submit precise
plans for approval by the Commission on recommendaoion of the
Committee. The precise plans must contain the information
specified in sections 4.82.120 through 4.82.140.
SEC. 4.82.120: IDENTIFICATION NSD DESCRIPTIOD?
(1) Proposed name of proposed development.
(2) Legal description of land.
(3) Names and addresses of applicant and person who prepared
the plan.
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(4) Scale of plan.
(5) Date.
(6) North point.
SEC. 4.£32.130: EXISTING CONDITIONS
(1) Contours at an interval to be specified by the Planning
and Public works Departments.
(2) Boundary lines of proposed planned development indicated
by a solid 'Line, and the tonal acreage therein.
(3) Location, widths and names of all existing or prior
plotted streets or other public ways, railroad and
utility rights -of -way, parks and other public open
spaces, permanent buildings, structures and their use;
and all public and utility easements and Town bovndarl..eS
within 300 feet of one pa pesed deve oy;ent.
( =i) Sewers, _. o.i ;gains, L iveros and otheY- ail di'�Yy IG Ili.
facilities, within the development., indicating pipe
sizes, grades, manholes and their exact locations.
SEC.__ 4,.32.140: PROPOSED CONDTTIOL S
(1) Land use
(a) A land use plan conforming with 'tlie apprcved
development plan inuicating all proposed uses.
(b) A 'traffic flow map showing circulation pattern
within and adjacent- to the proposed development.
Any special engineering features and traffic
regulation devices needed to facilitate traffic flow
or insure traffic safety.
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(c) Location and dimensions of pedestrian walkways
and malls.
(2) Parking and loading:
(a) Location, arrangement, number and dimension of
automobile garages and parking spaces, width of
aisles, width of bays, and angles of parking.
(b) Location, arrangement and dimensions of truck
loading spaces and docks and cargo handling
facilities.
(3) Architectural plans:
(a) All buildings and their site locations.
(b) Complete architectural plans and elevations of
typical building and structures, :Ln'.:iiCdtinQ appearance.
Perspective drawings of the develcoment mat, he
required.
(4) Landscaping:
(a) A complete tree planting and landscaping plan,
including ground cover, finished grades, slopes,
banks and ditches, plant locations, plant names,
plant sizes, and a detailed irrigation system. All
existing trees shall be shown including base grades,
trunk diameter, and exact location unless exempted
by the Planning Director.
(b) The location, height and materials of all walls,
fences and screen planting.
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(5) Miscellaneous:
(a) Tables showing the total number of square feet of
all uses and their distribution, including off- street
parking, streets, parks and open spaces as shown on
the proposed development plan.
(b) Texts of proposed restrictive covenants, documents
providing for maintenance of any common open space,
instruments of dedication.
(c) A time schedule indicating when construction is to
begin, the anticipated rate of development and the
completion date.
(d) Such other information as the Planning Director shall
reaui-re.
SEC. 4.82.150: THE COMMITTEE FOLLOWING ITS REVIEW, P= EITHER:
(1) Submit a report to the Commission containing findings
that the precise plans are consistent with the intent
of the PD zone as outlined in section 4.82.020 and
the official development plan approved by the Council
and recommending approval with appropriate development
standards.
(2) Continue consideration and require modification of the
application or additional information necessary to render
a proper determination.
(3) Deny application for approval of precise plans upon
findings that the application does not fulfill the
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intent outlined in section 4.82.020 or is inconsistent
with the Official Development Plan approved by the Council.
SEC. 4.82.160: PLANNING COMMISSION REVIEW OF PRECISE PLANS
The Commission following its review of the recommendations of
the Committee may either:
(1) Approve the precise plans with appropriate development
standards.
(2) Continue consideration and require modification of the
application or additional information necessasv for
proper determination.
(3) Deny the application for approval of precise plans upon
findings thatt the content o f the appli_catioi.-i is
inconsistent with the official Development Plan
approved by the Council.
SEC._ 4 „82.170: tARi:I "_7G I QUSRE__ " ?_'.v1
The number of spaces required for off -street parking and
loading shall be designed in accordance with Chapters 3.40 through
3.437 however, the Committee may recommend and the Commission may
modify these standards to promote excellence of design if the
applicant can show that the modification will not otherwise cause
undue street and traffic congestion.
SEC. 4.82.180: PHASED DEVELOPMSNZ'
If the applicant proposed a phased development, each phase
shall be designed so as to stand as an independent development
and shall meet design criteria as stated in this Ordinance, or
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which may be stated by the Commission.
SEC. 4.82.190: RELATIONSHIP OF PIS PROCEDURES TO OTHER ORDINANCES
Compliance with the provisions of this Chapter 4.82 does
not relieve the applicant from compliance with the Subdivision
ordinance or any other applicable ordinance of the Town.
Subdivision maps, when applicable, shall be processed concurrently
with the vrecise development plan.
SEC. 4.82 200: PF_OC^DT. RE PRIOR TO I:SSUANC:E OF BUILDING PERMIT
No bixildi.ng permit shall be issued for any building, structure
or use which the Planning Director determines i.s not in conformance
with the approved precise devclopm^s:t plans.
SEC. 4.82.:10: DEDICNIPTOT t C TC_S_UFTvCF, O r ^7i?5 BTJiIDI'_`TG
_ _ i.PERMIT
�.� space %..'_1 see available for the entire
1.'O assure tiL Lt V� %.-.1
developed P) z nL?, piibl' c CF o r.T1C4 elevelcpment rights for
- -cquired. omen spaces ICr any phla:,e shall be aedlca:':ed in advance
of the issuance of any permits. Dedications for o_ -her purposes
may be required. before 'the issuance of the first building pennit.
Sr C. 4.82.: %20: NECESSITY FOR 4ZIiIL.r)IiyG PEPMIT
Nt. -viorS, iriClcding but ni ?. liCtlt d to, sit,:, gra:'ing or rough
grading of streets, or tree or brue;31 rcmovai, other than that
necessary for surveying, shah be conmm.'nced prior to tl'ie issuance
of the first building permit.
SEC. 4.82.230: MAJOR CHANGE IN Oi- ''FICII_L D- EVELOPMENT PLAN
Major changes in the Official Development Plan after its
adoption by the Council shall be i °i_..iated only by application.
-22.8-
The Committee shall determine what proposals constitute major
change.
Chapter 4.84
R Or Rehabilitation
Combining District
SEC. 4.84.010: APPLICATION
The regulations for a R (Rehabilitation Corbining) zone shall
apply when the R zone is combined with any existing zone. where
the regulations for the R zone conflict with the regulations of
the underlying zoning district, the regulations of the R zone
prevail.
SEC,. 4.84+ 020: 1NTENT
The R zone 1s intcndea to allow, in limited areas where a
sign_ficar:t number of older single family resiclences exist,
additional flexibility with respect to the developtlent of uses
and restrictions on construction so as to encourage the restoration
or rehabilitation of such structures.
SEC. 4.84.030: USES PERP =ITTED
All uses specified as permitted uses in the regulations of
the zone with which this overlay zone is combir.•ed are permitted.
SEC. 4.84.040: USES P=,11TTED DY CONDITIONAL USE PERIMIT
The following uses are permitted by conditional use permit:
(1) All uses specified as allowable with a conditional use
permit by the regulations of the zone with which the R
zone is combined.
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(2) Any of the following uses either individually or in
combination, provided that such use or uses are approved
in connection with specific plans for the restorata.on
or rehabilitation of a structure to be so used:
(a) Single family dwellings.
(b) Two family dwellings.
(c) Multiple family dwellings subject to standards of
the R- M:5 -12 zone.
(d) Accessory structures located on the sane site with a
permi.LL-ed ease, including private garages and carports,
one guest house or accessory living quarters without
a k.itc'nen, garden tr,,-:c. ,.ures r ,enhoi,.ses, ho:.]by
sho,]S, and treestr--nci -a pat_ ✓o covers
(e) School's and coil .es.
:Ls _:. ., C...l_iE?? es
police and fire s�.atj -ons and other builr3i_ngs,
structures and facilities.
(g; C1archcs, monasterlE'_:-, Convents and other religious
institutions.
,h) Poster homes, group.
(1) Business and professional offices.
(j) Retail businesses, services and processes.
SEC. 4.34.050: OTHER REGJUT 2 iOVS
All other regulations o:f the zone with which the R zone is
combined apply, with the following exceptions:
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(1) The Committee may determine when granting a conditional
use permit pursuant to section 4.84.040(2), that standard
ordinance requirements for off- street parking and
driveway width may be reduced or eliminated based on
a finding that such action is necessary for and
consistent with the restoration or rehabilitation of the
structure concerned.
(2) Upon hearing a specific application, the Committee may
find when granting a conditional use permit pursuant to
section 4.84.040(2) that the allowable area of signs
permissible in the underlying zoning district ought to
be reduced, so that the sign program pursuant to the
application will be consistent with the proposed
restoration or rehabilitation of the structure, and may
so provide in the permit.
(3) In connection with the development of uses under the
provisions of section 4.84.040(2), the Committee may
approve utilization of modified fire protection standards
subject to the approval of the county fire marshal's
office.
C114pter 4.8G
Landmark and Historic
Preservation overlay zone
SEC. 4.86.010: PURPOSES
It is herebv found that structures, sites and areas of
special character or special historical, architectural or
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aesthetic interest or value have been and continue to be
unnecessarily destroyed or impaired, despite the - feasibility o£
preserving them. it is further found that the public health,
..
safety and welfare require prevention of needless destruction
and impairment, and promotion of the economic utilization and
discouragement of the decay and desuetude of such structures,
sites and areas. The purpose of this Chapter 4.86 is to promote
the health, safety and general welfare of the public through:
(1) The protection, enhancement, perpetuation and use of
structures, sites and areas that are reminders of past
eras, events and persons important in local, state or
national. history, or which, provide significant eyamples
of archite C.to ral styies of the past on are lan?ma.r.K._' in
the history of architecture, or whici, are anique. and
_she Tokn a s nei r j'. .. "i:DCCIs,
a.rre Dla.,'::.,1.7�ie assets to �.,..,...
or which provide for this and future generations examples
of the physical surroundings in which past generations
lived;
(2) The development and maintenance of appropriate settings
and environment for such structures;
(3) The enhancement of property values, the stabilization of
neighborhoods and areas of the Town, the increase of
economic and financial benefits to the Town and its
inhabitants, and the promotion of tourist trade ana
interest;
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(4) The enrichment of human life in its educational and
cultural dimensions by serving aesthetic as well as
material needs and fostering knowledge of the living
heritage of the past.
SEC. 4.86.020: POWERS AND DUTIES OF COMMISSION
The Commission:
(1) Shall recommend to the Council, after public hearing,
concerning designation of landmarks and historic
districts, as provided in, section 4.86.080.
(2) May establish and maintain a list of structures and
other landmarks deserving official recognition although
not designated as landmarks or historic districts, and
take appropriate measures for recoanition.
SEC. 4.86.030 • POWERS AVD DUTT_ES OF THE CO-SMITTEE
The Committee:
(1) Shall hear and determine permit applications for
construction, alteration, demolition and remedial work
on landmark sites and in historic districts, as provided
in sections 4.86.140 through 4.86.180.
(2) May take steps to encourage or bring about preservation
of structures or other features where the Committee has
decided to suspend action on a permit application, as
provided in section 4.86.170.
(3) May upon request of the property owner, advise with
respect to any proposed work not requiring a Town permit,
on a designated landmark site or in a designated
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historic district.. Examples of the work referred to
are painting and repainting of exterior surfaces,
roofing, fencing, landscaping, glazing and installation
of lighting fixtures. In advising, the committee shall
be guided by the purposes and standards specified in
this Chapter. This subsection does not impose regulations
or controls on any property.
SEC. 4.86. 040: LOS GATOS HERITAGE PRESERVATION COIrM TTEE
The Los Gatos Heritage Preservation Committee is hereby
recognized as a private, voluntary committee composed of citizens
interested in historic preservation. Both the Commission and
the committee may consult =.aith and shall consider the ideas and
recommendations of the. Los Gatos He.r.tage Preservation Committee.
SEC, 4.86. 050: DESI;_TAT10- By ORDSi; ?TVCE
(1) The Council may bp- 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.
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(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) The property designated shall be subject to the controls
and standards contained in Chapter 4.86, in addition,
the proner_ty shall be subject to the following further
controls and standards if imposed by the designating
ordinance:
(a) For a publicly -owned lardmarh, 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.
(4) The Council may amend or rescind a designation only by
ordinance, after Commission and Council hearings as
required for original designations.
SEC. 4.86.060: INITIATION OF DESIGNATION
Initiation of designation proceedings shall be by resolution
of the Council or Commission, or by the written application of the
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property owners. Applications for designations shall be filed
with the Planning Department upon forms prescribed by the
Planning Director, and shall be accompanied by all data required
by the commission. An application for designation of a historic
district must be subscribed by or on behalf of at least 51% of
the property owners in the proposed district. The date of
initiation is the date the resolution is adapted or a valid
application is filed.
S C. 4.86.0 ?0: PP.00E DUI RE
Where Commission and Council hearings are required, the
proceedings for recommendation, and for referral in cases where
the Council does not follow the recommendation, shall be the same
as those provided in Article 5 for rezoning;
SEC. 4.86.080° H "A PI 'TPLA iJ
The Commission shall hold a public henziny on Lhe proposal.,
with notice given as provided for rezonings In section _,.50.010.
Notice shall also be mailed to the Los Gatos Heritage Preservation
Committee.
(1) Action and Time_Limi.t. The Commission shall consider_
the degree of conformity of the proposed designation
with the purposes and standards of this article and the
general plan. The Commission shall approve, approve
with modifications, or disapprove the proposal within
120 days after the initiation of designation proceedings.
(2) Notice of Action. The Commission shall promptly notify
the applicant of action taken. If the Commission
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approves or modifies the proposed designation in whole
or in part, it shall transmit the proposal, together
with a copy of the resolution of approval to the
Council.
SEC. 4.86.090: DESIGNATION BY COUNCIL
The Council shall hold a public hearing concerning the
designation. Notice of time and place of the hearing shall be
given in the time and manner provided for the giving of notice in
section 5.50.110. The Council may deny, approve, or modify and
approve, the designation.
SEC. 4.86.100: NOTICE OF DESIGNATION BY COUNCIL
When a landmark or historic district has been designated by
the Council, the Town Clerk shall promptly notify the owners of
the property included therein.
SEC. 4.86.110: CONFORMITY REQUIRED
Construction, alteration, demolition or removal work for
which a Town permit is required is prohibited on a designated
landmark site or in a designated historic district unless approval
by the Committee has been granted as provided in sections 4.86.120
through 4.86.190, or unless the work conforms with the provisions
of section 4.86.210.
SEC. 4.86.120: PERMIT REQUIRED
No person shall do any work listed below without first
obtaining grant of a permit from the Committee:
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(1) Exterior alteration to a designated landmark.
(2) Interior alterations that would affect the exterior of
a designated landmark.
(3) Construction of any type on a landmark site or within a
historic district unless excepted by the designating
ordinance, or of a type which does not affect the
exterior appearance of the site, district or any structure
on the site or in the district.
SEC. 4.86.130: APPLICATION FOR PERMIT
The Planning Director shall maintain a current record of
designated landmarks and historic districts. Applications for
permits to do work for which a Hermit is required by section_
4.86.120 shall be submitted to the Planning Director for processing.
Applications shall include plans and specifications showing the
proposed exterior appearance, color and texture of materials,
and the proposed architectural design of the exterior of the
structure. where required by the Committee, applications shall
also show the relationship of the proposed work to the environs.
If the application does not provide sufficient information for
review by the committee, the Planning Director shall request the
omitted information from the applicant, and the applicant shall
supply it.
SEC. 4.86.140: PROCEDURE
Where Committee hearings are required by this Chapter 4.86,
the proceedings for action, referral and appeal shall be the
same as those provided for conditional use permits.
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SEC. 4.86.150: HEARING BY COMMITTEE
The Committee shall hold a public hearing on the application.
Notice of such hearing is to be given as -required for conditional
use permits, and in writing to the Los Gatos Heritage Preservation
Committee.
SEC. 4.86.160: DECISION TIME LIMITATION
The Committee shall consider any report from the Los Gatos
Heritage Preservation Committee and shall ascertain whether the
proposed work conforms to this Ordinance and to the provisions
of the designating ordinance. The Committee shall approve,
suspend or disapprove the application within 120 days after the
filing of a complete application with the Planning Director.
SEC. 4.86.170: SUSPENDED ACTION
To obtain sufficient time for steps necessary to preserve the
structure concerned, the Committee may suspend action on an
application to permit construction, alteration, demolition or
removal for a per od not to exceed 180 drys. The Council may, by
resolution, extent the suspension for an additional period not
to exceed 180 days, if -the resolution is adopted not more than
90 days and not less than 30 days prior to the expiration of the
original 180 day period. During the suspension period, the
Committee may consult with the Los Gatos Heritage Preservation
Committee and other civic groups, public agencies and interested
citizens, make recommendations for acquisition of property by
public or private bodies or agencies, explore the possibility of
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moving one or more structures or other features, and take any
other reasonable measures.
SEC. 4.86.180: STANDARDS FOR REVIEW
In evaluating applications, the Committee shall consider the
architectural style, design, arrangement, texture, materials
and color, and any other pertinent factors.
Applications shall not be granted unless:
(1) On landmark sites, the proposed work will neither
adversely affect the exterior architectural characteristics
or other features of the landmark (and, where specified
in the designating ordinance for a publicly -owned
landmark, its major interior architectural features)
nor adversely affect the character or historical,
architectural or aesthetic interest or value of the
landmark and its site.
(2) In historic districts, the proposed work will neither
adversely affect the exterior architectural characteristics
or other features of the property which is the subject
of the application, nor adversely affect its relationship,
in terms of harmony and appropriateness, with its
surroundings, including neighboring structures, nor
adversely affect the character, or the historical,
architectural or aesthetic interest or value of the
district.
In any event applications shall not be granted for work which
violates standards included in the designating ordinance.
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SEC. 4.86.190: SHOWING OF HARDSHIP IN CASES OF PROPOSED
ALTERATIONS; DEMOLITIONS OR CONSTRUCTION
If the applicant presents facts clearly demonstrating to
the satisfaction of the Committee that failure to approve his
application will work immediate and substantial hardship because
of conditions peculiar to the particular structure or other
feature involved, the Committee may approve such application
even though it does not meet the standards set forth in either
the enabling or designating ordinance.
SEC. 4.86.200: APPLICABILITY
(1) No application for a permit to construct, alter, demolish
or remove any structure or other feature on a proposed
landmark site or in a propo'se-d historic district, fL'c
subsequent to the date of initiation of proceedings to
designate the landmark site or historic district, shall
be approved while the proceedings are pending; provided.,
however, that if final action on the designation has
not been completed 180 days after .initiation of
designation proceedings, the permit application may be
approved.
(2) The provisions of this Chapter 4.86 shall be inapplicable
to the construction, alteration, demolition or removal
of any structure or other feature on a landmark site
or in a historic district, where a permit for the
performance of such work was issued prior to initiation
of proceedings for designation of the landmark site or
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historic district, and where such permit has not
expired or been cancelled or revolved, provided that
construction is started and diligently prosecuted to
completion in accordance with the Building Code-.
SEC. 4.86.210: UNSAFE OR DANGEROUS COITDITIONS
None of the provisions of this Chapter 4.86 shall prevent
any measures of construction, alteration, or demolition. necessary
to correct the unsafe or dangerous condition of any structure,
other feat_xre, or part thereof, where such condition has beerk
declared unsafe or dange.rous by the Building Official or the
Fire Marshal, and where the proposed measures have been declared
neces -a-17, r,1, su,'h Off1C.e.ui., t0 correct the said coilit'.on,
rN .,, A n. ,.•c,Z>or t�;- a. -n,Y _:,3cll Ltorl- as L.., r. _i,�h1 C4' .y xla.c
to correc" i.Plc .njsar, c or dan�,e.'O':, CO .dl. tion and as Cs, 'n.e S✓i. ca
due regar(I " >rE�efr ia' 1L)j. of ''j. ai carc_nce of 4 ^l.i -;l ti7. i :e
involved may be perforr.Il.ed pursuant to 4 i section, .= any
St.e_,:ctUre o1: other' :Feature is damaned by fire, or other ca aT;'I i tV,
or ,b\. act o;- God, to SUct1 an exteni- ghat J.n the or)ini.on of the
aforesaid O1:T1.0 .La.1S it Cannot be reasonably repa.L± "eQ an :i. T.es tOi :'P. .,
it may be eraoved iri conformity with nornrial permit procedures
and applicable laws.
SEC. 4.66.220: DUTY TO -KEEP IN GOOD Rl.AI_R
The owner, lessee, and any other- person in actual charge or
possession of a landmarI7, or of a structure in a historic district,
shall keep in good repair all of 0— exterior portions of such
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landmark or structure, all of the interior portions thereof when
subject to control as specified in the designating ordinance,
and all interior portions thereof whose maintenance is necessary
to prevent deterioration and decay of any exterior portion.
SEC. 4.56.230: FINING FEES
There shall be no filing fee for an_v application, or to
commence any proceedings, under the provisions of the landmark and
historic preservation overlay zone.
SEC. 4.36.240: ENFORCEMENT
(1) Dui to Administer and Enforce. it is the duty of the
Planning Director to administer and enforce the orovisior_s
of this Ordinance. Upon request, the Building Official
shall assist the Planning Director in the performance
of this duty.
(L) ection of Prelitises. in the pc'r':orrnance of h:is daties,
the Planning Director and employees of the Planning
Departinent. au EiorizzedL to repre.selnt him shall- have the
right to enter any building or premises for the purposes
of investigation and inspection; provided that such
right of entry shall be exercised only at reasonable
hours, and that in no case shall entry be made to any
building in the absence of the owner or tenant thereof
without the written order of a court of competent
jurisdiction.
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SEC. 4.86.250: METHODS OF ENFORCEMENT
In addition to the regulations of the landmark and historic
preservation overlay zone, the other portions of the Zoning
Ordinance and Town Code governing the approval or disapproval
of applications for building permitsor.other permits or licenses
affecting the use of land or buildings, the Planning Director
shall have the authority to implement the enforcement thereof by
serving notice requiring the removal of any violation of this
article upon the owner, agent, tenant or occupant of the building
or land, or upon the architect, builder, contractor or other
person who commits or assists in any such violation.
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ARTICLE 5: ADMINISTRATION
Chapter 5.00
Administration
SEC. 5.00.010: SCOPE
Chapters 5.10 through 5.70 contain the rules and procedures
governing the administration of the Zoning Ordinance.
Chapter 5.10
Zoning Compliance Review
SEC. 5.10.010: SCOPE
Chanter. 5.10 lists the types of ministerial permits or
certificates issued to show compliance with this Ordinance.
SEC. 5.10.020: <ERTI'I?ICATE OF USE r'��D OCCUPANCY
No vacant !.and shall hereafter be occupied or used except
for agricultural purposes, and no building hereafter erected,
structurally altered or moved into or within any zone shall be
occupied, until a Certificate of Use and Occupancy is i..ssuee
therefor by the Planning Director.
SEC. 5.10.030: APPLICATION
Application for a. Certifi.cate of Use and Occu.pancy for a
new, or change in, use of land, for a new building, or for an
existing building which has been altered or moved, shall be
made to the Planning Director before any such land or building
shall be so occupied or used. No permit for excavation for any
building shall be issued before application has been made for a
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M
Certificate of Use and Occupancy.
SEC. 5.10.040: ISSUANCE
A Certificate of Use and Occupancy is issued when inspection
shows that the building, site and activity to be conducted there '
conform to law including this and other Town ordinances, and to
the requirements of any Town approval.
SEC. 5.10. _"i?MPOk71.Ry CERTIFICATE
Pending the issuance of a regular Certificate, a Temporary
Certificate of Occupancy may be issued by the Planning Director
for a period not exceeding six months during the completion of
alterations or during partial occupancy of a building pending its
completion. Such Temporary Certificate shall not be construed as
in any way altering the respective ri.gits, duties, or obligations -
of the owners or of the Town relating to the use or occupancy of
the premises, or any other matter covered by this Ordnance,
and such Temporary Certificate Shall, not be issued except Linder
such restrictions and provisions as will adequately insure the
safety of the occupants.
SEC_ 5.10.100: AHI>MAL PERMIT S (Reserved, see Chapter 3.29)
SEC_. 5.10.2007 .TOME OCCUPAT_0N_PERMITS (Reserved, see Secs.
3.60.020 through 3.60.070)
SEC. 5.10.300: SIGN PERMITS (Reserved, see Secs. 3.30.030 and
3.30.040)
SEC.-5.10.400: PESMITS FOR SENo -i A", SAOE M 'T
OF CHRISTMAS TREES
OR PIMPKINS (Reserved, see Sec. 4.40.060)
SEC. 5.10.500_: S` AFF ARC_;_ITFCTU_R I AND SITE APPROVALS (Reserved,
see Chapter 5.20) -- -
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Chapter 5.20
Zoning Approvals
SEC. 5.20.010: SCOPE
This Chapter 5.20 lists the types of discretionary approvals
required for compliance with this Ordinance.
SEC. 5.20.020: ARCHITECTURE AND SITE APPROVAL, PURPOSE AND INTENT
The Town of Los Gatos is situated in the westerly portion
of Santa Clara County, California, at the immediate foot of and
extending into the Santa Cruz Mountains, and is predominantly
a residential community. The economic stability of the economy
within the Town and of the Town's government has been, is
presently and during the foreseeable future will continue to be
principally depcndent upon its high quality residential development
and retail commercial operations.
The Tovr,'s aeograpr_ical n-,�i . :mer.t, ni- ;e architectural
and site development which combine and integrate structures of
historical significance with new construction of a style which
blends into and compliments tr.e traditional aesthetic setting of
the Town, and the specialized retail commercial outlets offering
specialty types of merchandise have and are increasingly making
the Town a unique attraction within the San Francisco Bay Area.
The continued encouragement of this character is necessary to
maintain the economic stability of the Town and to withstand the
competition by commercial shopping center complexes which encircle
the Town beyond its municipal boundaries and in close proximity
to various residential areas within the Town.
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Therefore, the following goals are important to the
continuation of the economic well -being and stability of the
Town and the preservation of the health, safety and welfare of
the citizens therein: (1) excellence of architectural design
in residential and commercial development of a type which
compliments the surroundings of the Town and distinguishes the
purposes of the uses contained therein from operations of a more
typical and less selective nature; (2) the location of residential
and commercial uses in such a manner as to facilitate safe and
convenient pedestrian and vehicular traffic circulation, accommodate
suitable sequences of shopping patterns, and maintain adequate
off - street parking; and (3) the preservation of open spaces within
r+ the form of recreational.
resn_dent:ia1 and co ?,I -ccial dovelop E,, ir..
areas and ' :115, y Ecs and ;.ier.- s=J,kn areas, NnTit}7 emphasis,
upon ciT% "7lat'i.OZi. S S(='ms titi'aIn - ..real o:F'L'1ah
-intensity retail commercial activity.
Pursuant to these goals the fur. ^lion of architecture and site
approval s'-,all be to: (1) regulate the height, width, shape and
proportion, and exterior const uction and design of buildings
and st.:ructures for the purpose of insuring that they are
architecturally compatible wi -n their surroundings and promote a
unified (not necessarily uniform) and distinctive theme which
]-harmonizes with the commercial and residential development
within the Town; (2) regulate the location of uses authorized by
the respective zone class ifications in order to: (a) facilitate
where appropriate the assembly of small parcels of land into
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unified use development; (b) insure compatibility of proposed
uses with the characteristics of the surrounding area and
purposes of the zone classification in which the land is
situated; and (c) accomplish the goals above described.
SEC. 5.20.030: APPROVAL REQUIRED
Architecture and Site Approval is required for the establish-
ment or modification of all uses in all zones except single family
dwellings in the R -1, R -1:M, R -D, R -M, and RMH zones and two -
family dwellings in the R -D zone.
SEC. 5.20.040: CONSIDERATIONS IN REVIEW OF APPLICATIONS
The reviewing body or official designated to determine
applications for architecture and site approval shall consider
all relevent matter including, but not limited to, the £ollowi.ng:
(1) Considerations relating to traffic .safety and traffic
congestion: The effect of the site de,JelopmeTlt pia,:x
on traffic conditions on abutting streets; the layout
of the site with respect to locations and dimensions
of vehicular and pedestrian entrances, exits, drives,
and walkways; the adequacy of off - street parking
facilities to prevent traffic congestion.; the location,
arrangement, and dimension of truck loading and un-
loading facilities; the circulation pattern within
the boundaries of the development, and the surfacing
and lighting of off - street parking facilities.
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(2) Considerations relating to outdoor advertising: The
number, location, color, size, height, lighting and
landscaping of outdoor advertising signs and structures
in relation to the creation of traffic hazards and the
appearance and harmony with adjacent development.
(3) considerations relating to landscaping: The location,
height, and materials of walls, fences, hedges and
screen plantings to insure harmony with adjacent
development or to conceal storage areas, utility
installations or unsightly development; the planting
of ground cover or other surfacing to prevent dust
and erosion; and the unnecessary destruction of
existing healthy trees.
(4) COilsideratv_ons reiatin,z to site IaycC lt: The orient: +t1J:;
and location of buildil."'3 and" open 'pdcc's 1. '_
to the physical characterist..ics of the site and the
character of the neighborhood; and ilae appearance and
harmony of the buildings with adjacent development.
(5) Consi_.eratio =s relating to draina e The effect of
the site development plan on the adequacy of storm and
surface water drainage.
Fi COn34derat:;.ons r 'la.ting to tlae ex ei..or architectural
desi n of buildin s and structures: The effect of the
height, width, shape and exterior construction and
design of buildings and structures as such factors
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relate to the existing and future character of the
neighborhood and purposes of the zone in which they
are situated, and the purposes of architecture and
site approval.
SEC. 5.20.050: CONDITIONS OF APPROVAL
To protect the general health and welfare of all citizens,
the reviewing body or official may enforce reasonable requirements
more stringent than the minimum zone requirements, when necessary
or appropriate to insure a development compatible to and harmonious
with, the particular neighborhood and the established uses
therein.
In granting architecture and site approval, time extension
or modification thereof, the reviewing body or official may include
such conditions as are reasonable and necessary under the
circumstances to Carry out the intent of this Ord. -i trance. Such
conditions, without limiting the discretion and authority of the
reviewing body or official in this regard, may include site
planning conditions, architectural conditions, landscape
conditions, streeL dedication, street and drainage improvements,
off- street parking conditions and outdoor advertising conditions.
SEC. 5.20.100: VARIANCES
Variances from the provisions of this Ordinance may be
granted upon a finding of fact that, owing to special conditions,
enforcement of the provisions of this Ordinance would result in
undue hardship.
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SEC. 5.20.110: VARIANCE -- FINDINGS AND DECISION
The reviewing body, on the basis of the evidence submitted
at the hearing, may grant a variance if it finds that:
(1) Because of special circumstances applicable to the
property, including size, shape, topography, location
or surroundings, the strict application of this
Ordinance deprives such property of privileges
enjoyed by other property in the vicinity and under
identical zone; and
(2) the granting of a variance would not constitute a grant
of special privileges inconsistent with. the limitations
upon other properties in the vicinity and zone in which
such property is situated.
Luc, 5.10.. —.
In aU iiG 2 Va T'1a C6, a ? R 351_)S, 5
thereof, the reviewing body may include such conditions as are
reasonable- and necessary under the c-ircur!istances, to preserve
the integrity and character of the zone and to secure the
general purposes of this Ordinance and the General Flan. Such
conditions, without limiting the discretion and author" Ly of the
reviewing body, may include time limitations, architecture and
site approval, street dedication, and street and drainage
improvements.
SEC. 5.20.200: CONDITIONAL USE FERJ41 S
The formulation and enactment of a comprehensive zoning code
is based on the division of the Town into zones in each of which
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are permitted specified uses. that are mutually compatible. In
addition to such permitted compatible uses, however, it is
recognized that there are other uses which it may be necessary
or desirable to allow in a given zone but which on account of
their potential influence upon neighboring uses or public
facilities need to be carefully regulated with respect to location
or operation for the protection of the community. Such uses are
classified in this Ordinance as "conditional uses" and fall into
two categories:
(1) Uses either municipally operated or operated by
publicly - regulated utilities or uses traditionally
affected by public interest; and
(2) Uses entirely private in character which, on account
of their peculiar locational need, the nature of the
service they offer to the public, and their possibly
damaging influence on the neighborhood, may be
established in a zone or zones in which they cannot
reasonably be allowed as an unrestricted permitted use
under the zoning regulations.
SEC. 5.20.210: CONDITIONAL USE PERMIT -- FINDINGS AND DECISION
The reviewing body, on the basis of the evidence submitted
at the hearing, may grant a Conditional Use Permit when
specifically authorized by the provisions of this Ordinance if
it finds that:
(1) The proposed uses of the property are essential or
desirable to the public convenience or welfare;
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(2) The proposed uses will not impair the integrity and
character of the zoning district;
(3) The proposed uses would not be detrimental to public
health, safety or general welfare; and
(4) The proposed uses of the property are in harmony with
the various elements or objectives of the General Plan
and the purposes of this Ordinance.
SEC. 5.20.220: CONDITIONS
In approving a Conditional Use Permit, time extension or
modifications thereto, the reviewing body may include such
conditions as are reasonable and necessary under the circumstances,
to preserve the integrity and character of the zone and to secure
the general purposes of this Ordinance and the General Plan.
Such conditions, without limiting the discretion and authority
of the reviewing body, may include time limitations, architecture
and site approval, street dedication and street and drainage
improvements.
SEC. 5.20.230: MNDITIONAL USE MODIFICATION
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) Intensification of use. (By way of example,
intensifications of use are evidenced by additions to
seating capacity or gross floor area, increases in
parking required -- other than the requirement of
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increases because of ordinance amendment -- use of
additional land, or commencement of new activities.)
(2) Any change that is a substantial departure from plans
which were the basis of the conditional use permit
approval.
Chapter 5.30
Post- Approval Actions
SEC. 5.30.010: APPEALS FROM DECISION BY T13E PLANNING_DIRECTOR
Any interested person may appeal to the Committee from a
decision of the Planning Director:
(1) Determining an application for architecture and site
approval, for a horse, amateur horse event or animal
permit, for a home occupation permit, for a tree
removal permit, or for a sign permit,
(2) Granting or denying an extension of time related to one
of the foregoing transactions,
(3) Revoking or modifying one of the foregoing approvals
or permits.
SEC. 5.30.020: NOTICE OF APPEAL,
The appellant must file a written notice of appeal with
the Planning Director not more than 10 days after the date of
mailing of written notification of the Planning Director's
decision.
r
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SEC. 5.30.030: HEARING OF APPEAL
Hearing of the appeal shall be set for the first regular
meeting of the Committee which the business of the Committee will
permit, more than five days after the date of filing of the
appeal. The Committee may hear the matter anew and render a
new decision in the matter.
SEC. 5.30.04_0: A ^r_I'7,,F.LS "ROM D-ECISIG`NI ZY THE ARCHITECTURE AND
SITE E CO.S'sI`1TEE BY PI I TIjI-G_ CO, SSS-- iN MFiIEERS
Any qualified member of the Commission may appeal to the
commission from any decision of the Committee concerning
applications for architecture and site approval or application
for a variance, a. conditional use permit, a sign permit, or tree
removal pcii,l.it, or from a::',: decision of the Committee extending
t..ime for or modiEying any decision of such matters. To qualify
to be an appellant, a member of t in commis-ion mli8t be a. member
of the Committee and must. have been p esent at the meeting where
the vote on the application was taken, or if not a member of the
committee must have been present during all of the hearing,
including any continued hearing or field trip, which resulted
in the decision which is the subject of the appeal. The appellant
must continence the appeal_ by giving oral notice to the Chairman
of the Committee after the decision, during the meeting at which
the decision is rendered, and before any adjournment of the meeting.
Hearing of the appeal shall be set for the first regular
meeting of the Commission which the business of the Commission
will permit, more than five days after the date of filing of the
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appeal. The Planning Director shall give the applicant notice
of the time and place of the hearing. The Commission may hear
the matter anew and render a new decision in the matter.
SEC. 5.30.050: APPEALS FROM DECISIONS BY THE PLANNING COMMISSION
OR ARCHITECTURE AND SITE COMMITTEE
Any interested person may appeal to the Council from any
decision of the Commission or of the Committee, except that a
decision under appeal in ti-ie manner provided in Sec. 5.30.040 is
not appealable until the appeal is determined by the Commission.
The appellant must file a written notice of appeal in duplicate
with the Clerk not more than seven days after the decision is
rendered. The notice shall state clearly the reasons why the
appeal ought to be granted. The Council shall not hear the appeal
if the notice is not filed in time.
SEC. 5.30.060: �AK_T— -Y -- CUNCIL
The appeal shall be heard by the Council within 45 days after
the filing of the appeal. The Council may continue from time to
time any hearing held by it.
SEC. 5.30.070: SETTING AND NOTICE OF HEARING
The Clerk shall set the hearing of the appeal and shall give
notice of such hearing in the manner required for the hearing of
the matter before the Committee or Commission. In addition, the
Council may give notice of the hearing in such other manner as
it wishes.
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SEC. 5.30.080: TRANSMITTAL OF THE RECORDS OF COMMISSION
The Planning Director transmits the entire record of the
proceeding to the Council.
SEC. 5.30.090: COUNCIL HEARING
When hearing the appeal the Council shall consider the record
and such additional evidence as may be offered by anyone, and may
affirm, modify or reverse, in whole or in part, the determination
appealed from, or make and substitute such other determination as
is warranted. The standards of this Ordinance governing the
discretion of the reviewing body shall apply with equal force to
actions of the Council.
SEC. 5.30.1.00: DECISION
The decision of the Council upon the appeal shall be expressed
by a written resolution. The Council shall forthwith transmit
copies of the resolution to the original applicant, the appellant
and the Commission. Any decision of the Council modifying, in
whole or in part, the order, requirement, decision, determination,
interpretation, or ruling appealed from, or making and substituting
another decision or determination, requires the concurrence of
at least four- fifths of the membership of the Council. If the
decision is adverse to that of the Committee or Commission on any
action concerning the administration or enforcement of any of the
provisions of this Ordinance, the resolution shall specify where
there was an error or abuse of discretion on the part of the
Committee or Commission. No determination granting or denying a
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conditional use permit, or a variance, shall be reversed or
modified by the Council unless the Council shall include in
its decision a finding of fact showing where the Commission erred
in its decision.
SEC. 5.30.110: CONFORMANCE TO APPROVAL -- MODIFICATIONS
When zoning approval has been granted, development and
use of land shall conform to the terms of the approval. Approvals
may be modified. Applications for modification are determined by
the reviewing body having jurisdiction to grant the original
application. Applications for modifications are heard anew and
the reviewing body may impose new conditions or modify previous
conditions.
SEC. 5.30.120: RrV0C3TION OR MODIFICATION OF A ZONING APPROVAL
The Cormnittee on its own motion may, and if directed by
the Council, shall, hold a hearing to consider modifying or
revoking any zoning approval which has been granted pursuant to
the provisions of this Ordinance or anv prior ordinance. _notice
of the hearing shall be given in the same manner as for the hearing
of an application for zoning approval. Written notice of the
hearing shall also be mailed to any principals making use of,
or relying upon, any such zoning approval not less than five days
prior to the date of the hearing.
SEC. 5.30.130: GROUNDS FOR REVOCATION
After the hearing the Committee may revoke or modify a zoning
approval if it finds that one or more of the following grounds
exist:
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(1) That the zoning approval was obtained by fraud;
(2) That any person making use of, or relying upon the zoning
approval is violating or has violated any conditions
of such zoning approval, or the use for which the
zoning approval was granted is being, or has been,
exercised contrary to the terms or conditions of such
approval; or
(3) That the use fora which the approval was granted is so
exercised as to be detrimental to the public Health or
safety, or to be a nuisance.
SEC_ 5.30_140: EX°IRLTION_OF_ >PPROVALS
Ali. approvals granted under the terns of this Ordinance
(except tl,o�e embodie,i in ail C`rdlna.Ilce.) expire one year after the
date of approval, unless the approval. is used before expiration.
S1-"C= 5_30 . IS,) : '7 ME _ "'i_E 51�,".',S
Reasonable extensions of time not exceeding one year each
may be granted by the reviewing bcdy, having jurisdiction to grant
the original application. Extensions are valid only if approved
before the pending expiration date and are measured from that
date. Repeated extensions may be granted and new conditions
imposcd.
Before granting an extension of time the reviewing body
must find from the evidence:
(1) There would be no legal impediment to granting a new
application for the same approval.
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(2) The conditions originally applied or new conditions to
be applied as a part of the extension approval are
adapted to any new facts concerning the proposed
project.
SEC. 5.30.160: DATE OF APPROVAL
The date of approval is the date on which the reviewing
body votes on the motion or resolution of
is an appeal, the date of approval is the
administrative body votes on the motion o
the appeal.
SEC. 5.30.170: USE OF APPROVALS
For the purpose of section 5.30.140
approval. When there
date on which the last
resolution determining
an approval is used if
substantial construction work specifically for the project is
lawfully performed after the approval is granted, in reliance
on the approval and in reliance on vaiidly- issued building permits.
(The term "construction" includes grading.) Or, when the project
does not involve substantial construction work, an approval is
acted on when the activity approved is commenced in a substantial,
as distinguished from tentative or token, manner.
SEC. 5.30.180: STATUTE. OF LIMITATIONS (Reserved)
SEC. 5.30.190: LAPSE FOR DISCONTINUANCE
If the activity for which an approval has been granted under
the terms of this Ordinance (except an approval embodied in an
ordinance) is discontinued for a period of one year the approval
lapses.
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SEC. 5.30.200:
144
When any discretionary approval is required by this Ordinance,
no building permit, certificate of use and occupancy, or any
similar evidence of entitlement to build upon or use land in
any manner shall issue until the approval is granted and the
time for appeal has expired.
Chapter 5.40
Procedures
SEC. 5.40.010: APPLICATIONS AND NOTICES OF APPEAL
When an approval or review of any action is sought under the
terms of this Ordinance, a written application_ or notice of appeal
is required to be filed. All applications and notices of appeal
are filed in the office of the Planning Director, except notices
of appeal to the Council which are filed in the office of the
Clerk.
SEC. 5.40.020: APPLICATIGN FORMS
The Planning Director prescribes the form and content of all
applications and notices of appeal. If information not ordinarily
required is reasonably necessary to permit the correct
determination of an application the Planning Director may
instruct the applicant to provide the additional information.
Every application must show in a manner prescribed by the
Planning Director that the owner of the land in question is the
applicant or joins in the application.
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SEC. 5.40.030: FEES
When an application or notice of appeal is required to be
filed, there is a filing fee which is set by Council resolution
and which shall be paid at the time of filing.
SEC. 5.40.040: REQUIREMENTS FOR ACTION
Except as may be otherwise provided by statute, all Committee
and Commission actions are performed by affirmative vote of a
majority of the members present. A quorum is required for any
action except a decision to adjourn.
SEC. 5.40.050: CONSOLIDATED PROCEEDINGS
When a single project has to have both a conditional use
permit and architectire and site approval, a co- mbined application
may be filed and the matter considered in a consolidated
proceeding.
SEC. x.40.060: HEARI ^GS i=QUIRED
Hearings are required in the determination of the following
matters:
(1) Amendments to this Ordinance which cha„ge land from one
zone to another or which create, abolish or alter a zone
or the regulations of a zone which govern a land use.
(2) Variances.
(3) Conditional use permits.
(4) Appeals, regardless of whether a hearing was required
for the original determination.
(5) Cluster permits.
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(6) Augmentation of nonconforming uses.
(7) Revocations or Town- initiated modifications of any
permit or approval, .regardless of whether a hearing was
required for the initial determination.
(8) Applicant- initiated modifications for any permit or
approval when a hearing was required for the initial
determination.
(9) Time extensions for any permit ox• approval -when a hearing
was required for the original determination.
(10) Alteration or demolition of a designated landmark.
(11) Constructior on a designated Landmark site or within a
historic district.
(1'L) y44 ?etll .r to exten0'. cusp °ns ion of ccti_cn on ari?li. Cations,
for (101) and (11) zbove.
� l„
For 'ills. pu3. �J�i.`�c::> Ql }:i ?l> c'C. L.,.V Ctr a ti c't %cr l., ... c: E'L.icU to 1?:.. irc.
w}-,ere a hearing was required fcr the original determination, if a
hearing is current la required by th' , O rdina nce for si ch original
determinations.
SEC. 5.40.070. CONTIiVUANCES
All hearings may be continued from time to time.
sEC_ 5.40.O8Ov FINDINGS
Except in the case of hearings concerning the adoption of
ordinances, where a hearing is required by this Ordinance, the
body which renders the decision must make findings sufficient to
bridge the analytic gap between the raw evidence and the decision.
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When a hearing concerns adoption of an ordinance, only those
findings required by statute need be made.
SEC. 5.40.090: NOTICES
Where a hearing is required by this Ordinance other than
a hearing concerning an ordinance amendment, the following notice
is required. At least ten days before the hearing, the Planning
Director shall give notice by publication at least once in a
newspaper of general circulation, published and circulated in
the Town, or if there is none, by posting in at least three
public places in the Town, and by posting the notice in two
conspicuous places on or within 200 feet of the land which is
the subject of the hearing.
Chapter 5.50
Amen CA'me n t
SEC. 5:50.010: DEFINITION OF "MTIENDM.ENT"
Any ordinance which alters the text of trtis Ordinance which
changes land. from one zone to another, or which prezones land is
an amendment to this Ordinance.
SEC. 5.50.020: COMMENCEMENT OF PROCEE'DID;GS
Proceedings for adopting amendments to this Ordinance may be
commenced on motion of the Council or the Commission.
SEC. 5.50.030: APPLICATIONS FOR ZONE CHANGES
When an application is filed with the Commission by an owner
of land to change the land from one zone to another the Commission
-2f5-
shall commence proceedings to effect the change, unless an
application for a similar change for the same land or a larger
parcel including the same land has been heard by the Commission
during the year immediately preceding the date the application
in question is filed. In the latter event, proceedings to effect
the change shall not be commenced except after a majority of
the Commission votes to hear the application.
SEC. 5.50.040: SDBSTAN:TIVE A' 1?NEMENTS
When this Ordinance is amended to change land from one zone
to another or to impose, remove or modify any regulation of tine
type listed in Government Code section 65850 the amendment shall
be adopted in the manner provided in tr.i.s Chapter 5.50, except
for amendments adopted by ineans of an i.ntcrirn u'r,;ancy ordinance,
t:�.i L'�, Sry"la 1. �. Y c.'lop _.=<:' 1:1 the :��-. n _ p ^ov i ci-d by Governrme t Code
Section '3— 58":3.
SEC. 5.50;050: _kNUENDMrT`T ^1S CO`7CT--P. TNG., PPOCEuAUPE
Amendments to this Ordinance ot_er than those described in
section 5.50.040 mast be adopted in tho manner provided by statute
for
other
ordinances.
SEC.
5.50.060:
C': LNCIL
ZEQUESTS FOR 'e7.T ?0RTS
When t11e Council 'requests by ,:..-Olutio.n th at the Cortimisslon
study and report on a zoning ordinance or amendment which is
within the scope of section 5.50.040 aa,d the Commission fails to
act on the request within a reasonable time the Council may, by
written notice, require that the Commission render its report
Within 40 days. On receiving the written notice the Commission,
-266-
if it has not already done so, shall hold any hearing required.
The Commission's failure to report within the 40 day period is
deemed to be approval of the proposed ordinance or amendment.
SEC. 5.50.070: NOTICE AND HEARING
The Commission shall hold a public hearing on any amendment
referred to in section 5.50.040. Notice of the hearing shall
be given at least ten days before commencement of the hearing and
shall state a general description of the area affected, the type
and magnitude of the changes proposed, the place where copies of
the proposed changes may be obtained, the time, date and place of
the hearing, and the right to appear and be heard.
(1) The notice shall be published at least once in a
newspaper of Q-- neral circulation, published and circulated
in the Town. Is there 1s no such newspaper, notice shall
be posted i.n at least three public places in _e. Town.
(2) In the case of prezoning, the notice shall be published
at least once in a newspaper of general circulation,
published and circulated in the area to be pre -oned. I£
there is no such newspaper, notice shall be posted in at
least three public places in the area to be prezoned.
(3) In. addition to the notice required by subsections (1) and
(2), the Commission shall give notice of the hearing by
mail or delivery to all persons, including businesses,
corporations or other public or private entities, shown
on the last equalized assessment roll as owning real
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property within 300 feet of the property which is the
subject of the proposed amendment.
(4) When the amendment would change land from one zone to
another and has been commenced by the Council or
Commission without an application by the landowner shown
on the last equalized assessment roll, the Commission
shall also mail notice to the landowner shown on the last
equalized assessment roll.
(5) When more than 1,000 owners would be sent notice pursuant
to subsection (3), the Commission may, as an alternative
to subsection (3) give notice (a) placing a display
advertisement of at least one - Fourth page in the
newspaper having the g2eatn3t circulation within the
area affected by the amendment and in a� least one
additional newspaper having general circulation wiii l it
such area, if such additional newspaper is available, or
(b) placing an insert with any generalized mailing sent
by the Town to property owners in `..' ^.e area affected by
the amendment,such as billings for Town services. A
display advertisement published pursuant to this section
(5) satisfies the publication requirements of subsections
(1) and (2).
(6) in addition to notice by publication, the Town shall
give notice by first class mail to any person who has
filed a written request therefor with the Commission.
Such request may be submitted at any time during the
year and shall apply for the balance of the calendar
year in which it is submitted. The Council may by
resolution impose a fee on persons requesting such
notices for the purpose of covering the cost of mailing.
(7) Failure to receive the notice required by this section
shall not invalidate an amendment.
SEC. 5.50.080: COITMISSION DETERMINATION AND RECOMMENDATION
The Commission shall determine whether to recommend that
the Council adopt an amendment. If the proceeding was commenced
on the motion of the Commission and the Commission determines no
amendment is appropriate, no further action is required. Otherwise,
the Commission shall render its decision in the form of a written
recommendation to the Council.
SEC. 5°50.090: FOP4 T-iND CONTENT OP RECON�IENDATION
The recomffienidatl.On shall inClude the reasons therefor and
a description of the relationship of the amendment to the general
plan and any applicable specific plan. The recommendation., shall
be transmitted in the form of approved COT
mission minutes fOr the
next Council meeting following approval of the minutes.
SEC. 5.50.100: COUNCIL HEARING EXCEPTIONS
After receiving the recommendation of the Commission, the
Council shall hold a public hearing unless the amendment would
change land from one zone to another, and the Commission has
recommended against the adoption of the amendment. In the latter
event, the Council may take further action concerning the
i
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amendment, but is not required to do so unless an interested
party files a written request for hearing with the Town Clerk
during the period between the Commission hearing and the day
five days after the Commission files its recommendation with the
Council.
SEC. 5.50_110: NOTICE OF COUNCIL HEARING
Notice of the section 5.50.100 hearing shall be given in
the time and manner provided in section 5.50.070, subsections (1),
(2) and (o). in addition, the Council may give notice of the
hearing in such other manner as it wishes.
SEC 5.50 =1.20: CONTINUANCE
Any hearing may be continued from time to tame.
SEC. 5.50_1'0 • DFTERMT�,ii' TTON OF _R ^,CO_,L`'iF'_v?DATIMI
The Council may approvo, modify or disapprove the reco-mi.tendatlon
of t.'ie CG'a:Lm1551.ii i:.. Any iTiG l-i :L i1 L'.a t'_�7:1 Gi ci.ii amE'ri CYTilE'..:i -% Cy the I. CiUSi-IiI
not previously considered by the Commission during its hearing
shall first be referred to the Corms ssiari £or report and
recommendation. The Commission is not required to hold a public
hearing thereon. Failure of the Commission to report within 40
days after the reference, or such longer period as may be
designated by the Council, shall be deemed to be approval of the
proposed modification.
SEC. 5.50.140: CONDITIONS
When zoning, rezoning or prezoning property, the Council may
condition its approval and may decline to adopt an ordinance
unless the conditions are met. Such conditions must be reasonably
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conceived to fulfill the public needs emanating from the
landowner's proposed use.
SEC. 5.50.150: ZONING IN ANNEXED AREAS
Any area annexed to the Town after the effective date of
this Ordinance, unless prezoned, shall immediately upon_ such
annexation be automatically classified as R -1 or Single Family
Residential Zone until another zone for the area has been adopted
by the Council. The Commission shall recommend to the Council
appropriate zoning for such area within 60 days after annexation.
SEC. 5.50.160; PREZONING
Unincorporated territory may be prezoned to determine the
zone that will apply to the property if it is annexed to the
Town. The procedure for prezoning is the same as that for. zoiauux.
The zoning becomes effective when annexation occurs.
SEC 5.50.170: ZO E BOU'\?DARIE_S
Zone boundaries are shown on the Zoning Map. Where uncertainty
exists as to the exact location of a zone boundary, the following
rules apply:
(1) Where a boundary appears to follow a street or alley
line, the center line of the street or alley is the
boundary,
s
(2) Inhere a boundary approximately follows a lot line, the
precise lot line is the boundary.
(3) Where the circumstances described in (1) or (2) do not
exist and adequate dimensions are not shown on the
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zoning map, the location of the boundary is determined
by using the scale shown on the Zoning Map.
Chapter 5.60
Assignment of Duties
SEC. 5.60.010: PLANNIN= DIRECTOR
The Planning Director;
(1) Prescribes all forms and contents of applications.
(2) Keeps all records of Planning Commission, Architecture
and Site Committee, Planning Director and Planning
Department work, except records transmitted to the
Town Council and -retained by the Town Clerk.
(3) investigates applications.
(4j Gives all notices except notices of D r'o Ce2d 1%::75 Of t:t1C.
Town Council.
(5) "Prepares Committee and Commission agendas, sets Committee
and Co7mc isslon hearing dates (subject to nhe requirements
of this Ordinance) and establishes filing deadlines.
(6) Issues permits for temporary sales of Christmas trees
and pumpkins, use and occupancy certificates, horse
permits and amateur horse events, bone occupations.
(7) Determines revocations or msdifications of animal permits,
and home occupation permits.
(Es) Determines all applications for architecture and site
approval not requiring Committee determination.
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(9) May refer any matter assigned by ordinance to him for
decision to the Committee for decision.
(10) Determines applications for Sec. 3.30.030(4) sign
permits.
(11) Determines applications for Sec. 3.20.050 tree permits.
(12) Determines applications for Sec. 3.65.010 demolition
permits.
(13) where action is based on an application or notice of
appeal, prepares a written notification of all
determinations, except determinations by the council,
and sends the notification to all applicants and appellants.
(14) Prepares and sends notifications required by statute
to the county assessor.
(15) Notifi-es applicants of hearing.
SEC. 5.6C.100e >.'CHTTEC!x UR=: T� ID S r n .sgI7''P E
The Committee:
(1) Determines variance applications.
(2) Determines conditional use pe mit applications.
(3) Determines demolition permit applications.
(4) Reviews and recommends PD precise plans.
(5) May refer any matter to the Planning Commission for
determination.
(6) Determines time extension when it would have had the
power to grant the original approval.
(7) Determines applications to augment a nonconforming use.
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(8) Determines applications for Section 3.30.030(3) sign
permits.
(9) Determines applications for architecture and site
approval concerning construction on vacant property,
exterior alterations to existing buildings and
intensification of land use. (For the purposes of this
part 9. only, intensification of land use means all
changes in use which require more parking.)
(10) Determines application to alter or demolish structures,
sites and areas designated, determines whether the
Committee must suspend action on applications to alter
or demolish structures, sites and areas desigrate -d under
the provisions cf Chapter 4.86, or for which designation
proceedings are pending.
• n a�mi n. rn^-_th "„ t0 ..:11 -��,,7 '', or alteration O£
structures, sites and areas under the provisions of
section 4.86.190.
(12) Determines matters referred to it by the Planning Director.
(13) Determines whether a PD modification is major or minor.
(14) Determines T%,hether to allow all deviations from the
standards of this Ordinance which are specifically
authorized by this Ordinance, except variances, and
determines when stricter standards than those generally
imposed by this Ordinance :hut specifically provided for
in this Ordinance, apply.
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(15) Determines applications for grading permits in the
RC and HR zones.
(16) Determines requirements for access to remote areas in
the RC and HR zones.
(17) Determines applications for section 3.20.050 tree permits.
(18) Hears appeals from decisions of the Planning Director.
(19) Determines revocations and modifications of section
5.30.050 zoning approvals.
(20) Determines applications for cluster permits.
SEC. 5.60.200: PLANNING COMISSION
The Planning Commission:
(1) Hears and recommends proposals for zone changes,
prezonings, and amendments to this Ordinance, including
those referred to it by the Town Council.
(2) iMay -initiate zone changes and amenC'.-;en - to this Ors.:.'lance.
(3) Determines whether to approve PD precise plans.
(4) Determines matters referred to it by the Ccmmittee.
(5) Determines whether to hear applications for rezoning
made within one year of a similar application.
(6) Decides, by written resolution, interpretations of this
Ordinance.
(7) Determines applications for section3.30.030(2) sign
permits.
(8) Determines applications for section 3.20.050 tree permits.
(9) Performs any administrative functions required by but rot
specifically assigned by this Ordinance.
ti
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SEC. 5.60.300: TOSTN COUNCIL
The Town Council:
(1) Hears appeals from decisions of the Committee and
Commission.
(2) Adopts ordinances.
(3) May initiate zone changes and amendments to this Ordinance.
(4) Determines whether to extend suspension under sections
4.86.170 and 5.60.100(10).
(5) Determines applications for section 3.30.030(1) sign
permits.
SEC.. 5.60.400: THE _PROVISIONS OF THIS CHAPTER PRE`✓_AI'L
The provisions of this Chapter. 5,60 prevail over all other
provision.`.: of this ordinance concerning the power and obligation
to perform cami ni trati\%e. or legislative duties.
Chapter 5.70
Enforcement and Penalties
SEC. 5.70.010: PROTIRITION
No official or employee of the Town shall issue any permit,
or license, nor gram final approval for any use, building,
structure or subdivision which would not conform to the provisions
of this Ordinance or any approval granted under the provisions
of this Ordinance. Any permit, license or final approval issued
by the Town in conflict with the provisions of this ordinance
is void.
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SEC. 5.70.020: PERMITS REQUIRED
No building or structure shall be erected, reconstructed,
structurally altered, enlarged, moved, or maintained, nor shall
any building, structure of land be used or be designed to be
used for any use other than is permitted in the zone in which
such building, structure or land is located, and then only after
applying for and securing all permits and licenses required by
all laws and ordinances.
SEC. 5.70,030: ENFORCEMENT
All officers and employees of the Town shall report
violations of this Ordinance to the Planning Director, who
shall enforce this Ordinance.
SEC. 5.70.040: 71710LATIO S MISDE�4_ANTOR
Any person, firm or corporation, whet =her as orincipai,
agent, employee or otherwise, Violating a-17 of prC�;lSionS
of this Ordinance is guilty of a misdemeanor, and, upon
conviction thereof, shall be punishable by a fine of not more
than $500.00, or by imprisonment in the County jail for a term
not exceeding six months, or by both such fine and imprisonment.
Such person, firm or corporation shall be deemed to be guilty
of a separate offense for each and every day during any portion
of which any violation of this Ordinance is committed, continued
or permitted by such person, firm or corporation, and shall be
punishable as herein provided.
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SEC. 5.70.050: ABATEMENT OF VIOLA`T'IONS
Any building or structure set up, erected, constructed,
altered, enlarged, converted, moved or maintained contrary to
the provisions of this Ordinance, or any use of land, building
or premises conducted, operated or maintained contrary to the
provisions of this Ordinance, or contrary to a permit or
variance, or the terms and conditions Imposed therein, shall be,
and the sane is hereby declared to be, unlawful, and a public
nuisance, and the duly constituted authcrl ties of the Town
shall, upon order of the Council, immediately coaartence action
or * roceedings "cor tide abatement and removal and enjoinment.
tlhereo` ir. the ,ua.nluer provided . by lase, and shall take such
other steps and .,hall apply to such court or courts as may have
jur`_s Citction '-o rl,. i1_, s:. 1 t, nd r °m.0 e such
8.' a rest ... . t :. '" n]oin anIf person , `.'rm
or corporation from setting up, erecting, building, maintaining
or using, anti Luc- building or StrU,C,{.ure, or using any property
ct.a2,a= Lo .Sle Urovisi. -Ons of t.nis Ordinance.
S! " C. 110 .+_t0 : r'.... V1T T 'EJ Ui Uj T .rE
The remedies providea for here.ln are cirmula ti ve and not.
exclu: wive .
SEC. x.70_,070: SE`,7_F.n ll:3IL _TY
If any section, subsection, sentence, cla:;se or phrase of
this Ordinance is for any reason held by a coart of competent
jurisdiction ro be .invalid or unconstitutional, such decision
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affect the validity of the remaining portions of this
The Council hereby declares that it would Piave
s Ordinance and each section, subsection, sentence,
phrase thereof, irrespective of the fact that any
e sections, subsections, sentences, clauses or phrases
d invalid or unconstitutional.
SECTION 2.
ons 7 -12, 7 -13, 7 -14, 7 -15, 7 -16 and 7 -17 of the Town
epealed.
SECTION 3.
ance No. 867, as amended, is repealed with the exceptions
nts adopted after May 1, 1976 and of the Zoning Map
ning designations of land now in effect, which map,
ly amended and which designations remain in effects
rposes of this section only, a zoning designation by
n ordinance introduced before the date of adoption of
ance is deemed to be "now in effect ".
Ordinance shall take effect and shall be in force
) days after the date of its adoption. The Town
he Town of Los Gatos shall cause this ordinance to
ed once within fifteen (15) days after its adoption,
Gatos Times- Saratoga Observer, a newspaper of general
n, published and circulated in the Town of Los Gatos.
bove and foregcing Ordinance was duly and regularly
at regular meetings of the Town Council of the
s Gatos held on April 19, 1976 and May 17, 1976.
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PASSED AND ADOPTED as an Ordinance of the Town of La:
Gatos, California, at a regular meeting of the
Council, held on the 7th day of June 197(
AYES: COUNNCIL MEMBERS Mardi Gualtieri
John B. Lochner
Albert B. Smith
Ruth Cannon
NOES: COUNCIL MEMBERS None
ABSENT. COUNCIL MEMBERS N .e
ABSTAIN: COUNCIL MEMBER _ M
and all z
SIGNED: MAYOR ap
ATTEST:
CLE? OF T TO /.� T GF OS GATOS
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