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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 THEREWITH
OnDINANCIE NO, OW A -D ' ZON LS1 � Nl� 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 -1- 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. -2- 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. "3- ,i 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 .-4- 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 -7- 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. 8- 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. -9- 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 -11- 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. -12- 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. -14- v 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. -15- 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. -16 - 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. -17- ,, 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. -21 -" 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. -24- (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. -92- (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, -93- 1 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 -94- 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 -98- 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 -100- ; 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 -102- 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 -104- 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. -105- J 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 -107- 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. -108- 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. -110- 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. -113- 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 -114- 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. -115- (4) Economic utility of the building or structure. -116 - (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. -127- 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 -129- 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. -130- 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. -132- 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. -133- 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. -141 -� (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. -147- 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. -148- 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. -149- `` 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. -152-- (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. -156- 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. -157 - 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 -158- 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 -200- 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. -219 - 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 -220- ; 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 -221- 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 -222-- 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. — 22.3—! (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. -224 -- (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. -225- (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 -226- 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 -227- 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. -229- (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: -230- (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 - 231 - v 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; -232- (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 -233- ./ 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. -234- (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 -235- 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 -236- 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: -237- (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. -238- 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 -239- 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. -240- 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 -241 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 -242•- 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. -243- 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. -244- 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 -245- 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) -- - -246- 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. -247- 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 -248- 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. -249- (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 -250- 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. -251- 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 -252- 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; -253- (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 -254- 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 -255 -- 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 -256- 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. -257- 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 -258- 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: -259- (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. -2G0 -- (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. -261- 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. -262- 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. -263- (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. -264- 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 -267- 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 _269_ 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 - -270 -' 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 -271- 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. -- 272 - (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. -273- (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. -274- (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 -275- 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. -276- 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. r -277- 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 -278- 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. - 279_., 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 -2&0-