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Ord 1903 - AMENDING FOR NONSUBSTANTIVE CHANGES TO NONCONFORMING CHAPTER OF THE TOWN CODEORDINANCE 1903 ORDINANCE OF THE TOWN OF LOS GATOS AMENDING FOR NONSUBSTANTIVE CHANGES TO THE NONCONFORMING CHAPTER OF THE TOWN CODE THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY ORDAIN: SECTION I Section 29.10.210 of the Town Code is amended to read: Sec. 29.10.210. Changing use of nonconforming building. A conditional use permit is required whenever the activity is changed in a building which is nonconforming as to type, regardless of whether the activity is otherwise proper under this chapter. In no case shall intensification be deemed a change of activity for purposes of this section. Any conditions which are reasonably necessary to protect the neighborhood or the general public welfare or to promote the policy of phasing out nonconforming buildings and uses shall be imposed. If the new activity would not be allowed under the rules of the zone, a conditional use permit cannot be issued unless the requirements of section 29.10.235 are fulfilled. SECTION II Section 29.10.235 of the Town Code is amended to read: Sec. 29.10.235. Use of nonconforming buildings. If the owner of a nonconforming building proves in a Section 29.10.210 proceeding that the building is not suited, even with reasonable modification, for any activity permitted in the zone, the building may be used for an activity which is not otherwise permitted if the proposed activity is clearly more consistent with permitted activities than the most recent nonconforming activity in the building. If the owner of a nonconforming building proves in a Section 29.10.210 proceeding that the building is not suited, even with reasonable modification, for an activity which is more consistent with the uses allowed in the zone, the building may be used for an activity substantially identical to the most recent nonconforming activity in the building. In no event may the building be used for an activity which is less consistent with the activities allowed in the zone than the most recent lawful activity in the building. SECTION III Section 29.10.250 of the Town Code is amended to read: Sec. 29.10.250. Rules governing the expansion of nonconforming buildings. When expansion is allowed by section 29.10.245, the following rules apply: (1) When a building is too close to a property line or a street, any expansion or reconstruction may not be nearer to a property line than the existing building is to that property line. Reconstruction may only be allowed if the Building. Official determines that the portion of the building proposed to be demolished has deteriorated to a point that reconstruction is necessary. The projections listed in subsection 29.40.070(b) except chimneys and bay windows may project beyond the wall of the expanded or reconstructed portion subject to the rules of subsection 29.40.070(b). (2) When a building is too high, the expansion must be within the current height limitations. (3) When a building covers too much land no expansion is allowed which would increase the coverage. However, second floor additions are allowed as long as the area of the second floor does not exceed the area allowed to be covered by the rules of the zone. (4) Approval can be denied if the expansion would in any way cause a safety problem or be detrimental to the public welfare. (5) The expansion must take place either on the zoning plot as it existed on the date the building became nonconforming or on the existing zoning plot, whichever is smaller. (6) The expansion must not impede the orderly development or redevelopment 2 i of neighboring property in a manner which will conform to both the general plan and the current zoning. (7) Approval of the expansion may not be inconsistent with the general policy of phasing out nonconforming uses. SECTION IV This Ordinance takes effect 30 days after the date it is adopted. Within 15 days after this Ordinance is adopted, the Town Clerk shall cause it to be published once in a newspaper of general circulation published and circulated in the Town. This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on May 4, 1992, and adopted by the following vote as an ordinance of the Town of Los Gatos at a meeting of the Town Council of. the Town of Los Gatos on May 18, 1992. COUNCIL MEMBERS: AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Brent N. Ventura, Mayor Eric D. Carlson NAYS: None ABSENT: None ABSTAIN: None SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA 9