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HomeMy WebLinkAbout78..--. ( i (_1 (I <. 0 R D I N A N C E S10 . 7§ A COMPREHENSIVE ORDINANCE OF THE TOWN OF LOS ALTOS FALLS ESTABLISHING, REGULATING AND RESTRICTING THE USE OF LAND ARID TI1E Mjt LOCATION AND EIGHT AND BULK OF BUILDINGS, AND AREA AND DI:—=SIGNS CP BUILDING SITES; PROVIDING FOR TIE ADMINISTRATION OF THE ORDINANCE; ESTABLISHING PROCEDURES FOR APPEALS AND PRESCRIBING PENALTIES FOR VIOLATIONS AND REPEALING ORDINANCE N0. 44. THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS DOES OI'tD.i. AS FOLLOWS: SECTION I. SHORT TITLE 1:10 Title. This Ordinance shall be known and may bo cite:,'. as the "Zoning Ordinance of the Town of Los Altos". 1:20 Purpose. This 'Zoning Ordinance is adopted to protect an:'_ guide the growbh and. expansion of the Town of Los Altos Hills is an orderly manner true to the rural residential character of the cormu;-- ity; to provide for space deemed necessary to advance the welfare of the public in assuring adequate light, pure air, safety from con- flagration and disaster; to promote the smooth flow of traffic, to provide mioquato residential off-street parking facilities, and to solve other conditions arising from concentration of the population. 1:30 Interpretation. In their interpretation and application, the provisions�s 000rdinance shall be held to be the minimum re- quirements adopted for the promotion of the public health, safety and welfare. 1:40 Scope. It is not intended by this Ordinance to repeal, abrogate, annul or in any way impair or interfere w�ithaxistii:g pro- visions of ether laws or ordinances, except those specifically re- pealed by this Ordtgance, or with private restrictions placed coon property by covenant, deed or other private agreement, or with re- strictive covenants running with thc• land to which the City is a. part. Where this Ordinance imposes a greater restriction upon Ian,., buildings, or structures than is imposed or required, by such provisions of law, ordinance, covenant, contact or deed, the provision;r of this Ordinance shall control. SECTION II. DEFINITIONS: 2:10 For the purposa:s of this Ordinance, the following teras, phrases, words, and their derivations shall have the meaning given herein. When' not inconsistent with the context, words used in t';_. present tense include the future, words in the plural number include the singular number, and words in the singular number includdo the plural number. The work "shall is always mandatory and not merely directory. 1. "lcc uses Use or Accessory Structure." A subordinate. use or subordinate structure customarily incident to and Iocatad. on the sam lot c+ith thc; dwelling, including but not limited to private swimming pools, stables, workshops, greenhouses, etc. 2. "Agriculture." Includes animal husbandry, livestock farming, flower growing, crop and tree farming, and viticulture. 3. "Alteration." As applied to a building or structure, change or roarrangement in the structural parts or in the existing facilities, or an enlargement, whether by extending on a side or by increasing ir_ height, or the moving from one location or position to another. 4. "Area, Gross." The total area included within the bound- aries of any parcel of land which arc specified in the doeP_ to the property. 5. "Area, Wet." The gross area of any parcel of land lass the area of dalporton designated or offered for dedication to any government for public use. The area of easements for vehicular access is not included in net area of the parcel across which such easements run where the subdivision consists of more than five (5) lots. 6. "Basement." A space partly or wholly underground and. having more t anfi o- ne--half (Yz) of its height, measured from its floor to its ceiling, below the average adjoining grade; if the finishe6. floor level directly above a basement is more than six (6) feet abov- grade at any point, such basement shall be considered a story. I. "Build�i�n� A structure having a roof supported by columns or wills r,the housing or enclosure of persons, animals, or chattels. Where a dwelling is separated by a division wall without openings, each portion of such dwelling shall be deemed a separate building. i. "Building Height." The vertical distance from the average contact ground bevel ocl c building, to the highest point of the structure. 9. "Building; Line." The line along which the vertical- sur- face of .. building intersects the ground. If overhang exceeds four feet (41), building line shall be assumed as four feet (4') back from extreme: point of overhang. 10. "Clubs, Recreational." Clubs or recreational facilities operated by a non-profl.t organizations 11. "Dwellin5, Primary." A building designated and/or cus- tomarily used`cs a`resi`"'3enca T9 not more than one family, including all necessary domestic employees of such family neededfor operation: and maintenance of said dwelling. 12. "D,aellin , Secondary." A structure intendedfor occupr._-- cy oroccupi eci, Ty humans, wfiic is erected or maintained on land in one ownership upon which land is separately erected or mairtcinol a one family dwelling which is the customary dwelling of the residents. 13, °Pa_ milt'_." One or more persons related by blood or he premises and living as a single housekecl-�i.�).g marriage, occupying t unit, as distinguished from a group occupying as a hotel, club, fraternity, or sorority house. A family shall be deemed to incluc-.c necessary servants. -2- 14."Floor Area,_Gros�,, For the purpose of determining the ratio of t e£loor area o a building to the area of the lot, the "gross floor area" shall be the sum of the gross horizontal areas of the several floors of the building excluding areas used for accessory use and garage purpose and such basement and cellar areas as are devoted exclusively to uses accessory to the operation of the building. All horizontal dimensions shall be taken from the ex- terior faces of walls, including walls or other enclosuressuchas enclosed porches. 15. "Frontage." All property abutting one side of a road. 16. "Garage, Private," A building or an accessory to a main building providing for the storage of automobiles. 17. "IIome Occupation." An occupation carried on by the resident of a dwelling as a secondary use of the premises. 18. "House Trailer." Any vehicle or structure so designed and constructe insuc - a manner as will permit occupancy thereof as sleeping quarters for one or more persons or the conduct of any business or profession, occupation or trade or any use as sellin; or advertising devised and so designed that it is or may be mounted on wheels and used on highways conveyed or drawn by its own or other motive power. 19• "Lot." Land occupied or to be occupied by a building and accessory moldings together with such yards and lot area as are squired by the Zoning Ordinance. 20. "Lot Corner." A lot abutting on two (2) or more in- tersecting roads.` -'J" 21. "Non -Conforming Use." A building or land occupied. by a use that does not conform to the regulations £or the district in which it is situated. 22. "Roads Public." A road which has been dedicated or deeded to the is £or pu lic use and which may or may not have been accepted for maintenance. 23. "Setback Building _L_i_n2." A line established by this Ordinance to gover- n_Fie' pTace0f buildings with respect to right- of-way center lines, property lines or other buildings. 24. "Stable." A building used for housing hoofed animals. 25. "Structure." Anything constructed or erected which requires location'- on the ground, including swimming pools, but not including fences, walls used as fences, underground utility faci- lities. 26. "Structure, Non -Conforming." A structure or a portion thereof, which no longer conforms to area, coverage, yard, or. other open space, or height regulations or other regulations pre- scribing physical development standards for the district in which it is located. -3- 27. "Use." The purpose for which land or a building is arranged, designed or intended, or for which higher land or a bui1P_- ing is or may b;: occupied or maintained. SECTION III. DISTRICT 3:10 Creation and Zone. The Town of hos 1,1tos Hills is hcroby d.aclaredl to be one 1 district to be known as the Residential -Agri- culture District, and the boundaries of said district are hereby set andestablished as all the area within the present and future ext -.r is boundaries of the Town of Los Altos Hills. This shall be called R-1 Fon— SECTION IV. ADMINISTRATION AND ENFORCEMENT 4:10 „administration Officials. Except as otherwise provided. in this Ordinance, t e f y P9a.nager, ity Clerk, Building Inspector or other desigratod public official shall administer and enforce this Ordinance. 4:20 Buil lin _ e rmit Required. No structure or accessory structure sHal.l e rested, or altered until a permit therefor has been issued by the Building Inspector or other persons designated_ by the City Council. All applications and fees for such permits shall be in accordance with the requirements of this or other Ordinnncos, and no such building permit shall be issued for any building whore said construction, addition, or alterations violate this or other Ordinances. Provided, however, there may be issued a permit e: authority of the City Council where, as hereinafter provides'., c. special permit or a varianc& is deemed proper. 4:30 Matter Accom an in A lication for Permit for Now atructu There shall submitted wit al applica ions or building permits two (2) copies of a layout or plot plan with a five (5) foot contour interval and- drawn to a suitable scale (one inch (1") equals fi2ty (501) or largor) showing the actual dimensions of the lot to be built upon, the exact size and location on the lot of the building and accessory buildings to be erected and such other information as may be necessary to determine and provide for the enforcement of this or other ordinances. 4:40 ;:Satter Accom-sanving Anplication for Permit for Altoratlo111. There shall e an mi.tted. such Plans andspecifications as may be deemed necessary by the Building Inspector to determine and provide for the enforcement of this or other ordinances. SECTION V. PERMITTED PRIMARY USES AND STRUCTURES The following types of primary uses and structures shall be permitted subject to strict compliance with the regulations speci- fied. herein and with the provisions of all other applicable ordinance=. -4- 5:10 Primary Dwellings. 5:20 Agriculture. SECTION VI. PEMETTED ACCESSORY USES AND STRUCTURES The following types of accessory uses and structures shall be permitted subject to strict compliance with the regulations specified herein and with the provisions of all other applicable ordinances. 5:10 Home Occuuation. where the use is entirely suborr.inate to the primary use of the premises for the home of a family. Uhare there are no retail sales on the premises, there is no advertising of any kind visible from off the premises, and no evidence from off the promises of the business, where no parking more than norma115 required for a residence is permitted and not over one assistant outside the family unit is employed. The raising on the premises of agricultural products and sale thereof is expressly exceptedfrom the provisions of this Ordinance, but is subject to reasonable regu- lations by the Town of Los Altos Hills. 6:20 Private Incinerators. Private incinerators for burning of refuse and garbage pro uced on the same premises, provided that the construction is such as to assure immediate and complete combustion and, freedom from offensive smoke, ash, unburned particles, and odors, and permit therefor is granted by the Fire District having juridiction over the area, and under the regulations thereof of the Tovm of Los Altos Hills. 6:30 walls and Fences-. Walls or fences may be constructed within the coin anen o£ a iot or contiguous lots, but not exceeding a maximum height of six feet (61) within twenty-five feet (25') of the property line nor a maximum height of three feet (3') in an area bounded by the centerline of intersecting roads or easements for vehicular access, Public or Private, and a straight line join- ing points on these centerlines eighty feet (801) distant from their intersection. The purpose of this requirement is to provide an unobstructed view of approaching traffic on the intersecting roads. The Planning Commission may prescribe greater restrictions on the heights or distances specified in this Section ojhen unusual conditions make such additional restrictions desirable in the inter- est of public safety. 6:4Q houso Num_Signs._ A sign not more than one and one-half Square -Feet in area bearing the house number and name of occupant or a name designated other than one of a commercial purpose. 6:50 Accessory Buildings. Accessory Buildings may be construct- ed only in nccordancewit setipack requirements as hereinafter pro- vided. in this Ordinance. An accessory building may be erecterprior to the construction of the main building only if it is agreed that the main building shall be completed within three (3) years from the date of issuance of the .permit for the accessory building. A tempor- ary accessory building must be removed within thirty (30 days after -5- the completion of the main building, or within eighteen (16) months of the issuance of a permit for the accessory building, whichever is the earlier date. 6:60 Private Stables. No structure designed or used for occu- pancy by hoo ed e.nrmals may be constructed or maintained within thirty feet (30') from the property line. In other than agricul- tural uses, amaximum of two (2) hoofed animals per acre shall be permitted, provided the conditions are satisfactory to the Santa Clara County Department of Health or such other agency -..s may be in charge of health standards for the Town of Los Altos Hills. SECTION VII. CONDITIONAL USES AND STRUCTURES In addition to uses permitted, the following uses may be established subject to the recommendation of the Planning Commission and to the approval of the City Council andthe issue.nc_ of a nermit therefor pursuant to the regulations herein containcc,_. 7:10 Public Libraries. 7:20 Churches. Churches and other places of worship, but not including funeral chapels or mortuary chapels. 7:30 House Trailers. Trailers may not be used as primary or secondary dwellings. Atemporary permit for use as a dwelling for not more than thirty (30) days in any calendar year may be issued by the City Clerk upon certification that the use pursuant thereto shall ba by a bona fide non-paying guest, but in all events appli- cable setback requirements shall be strictly enforced. 7:40 Recreational Facilities. Recreational or community center buildings, ground for games and sports, except those customarily car- ried on primarily for profit. 7:50 Nurseries. Day nurseries, kindergartens. 7:60 Public Schools. 7:70 Private Schools. 7:80 Public Utilit and Service Uses. Permits will be requir- ed for all public uti i y an service uses except that distribution and transmission lines will not require a Conditional Use Permit or a Building Permit, provided however, that proposed routes of all electrical distribution lines carrying current in excess of 151fV, or the location of public utility structures requiring rights -of -clay of thirty feet (30') or more in width shall be submitted to the Planning Commission for approval prior to acquisition of rights- of-way therefor, and any construction thereon shall not commence until said approval shall have been received. 7:90 Fire Stations. 7:100 Police Stations. -6- 7:120 SeconW Dwellings. Subject to applicable provisions o£ this or other ordinance, there shall be permitted. one (1) second- ary d.weiling on each parcel of land in one 1) ownership which is of at least one (1) acre in net area. Where any such parcel contains less than one and ninety-nine hundredths (1.99) acres in .^at area, no kitchen plumbing or other kitchen, facilities of any kind shall be maintained or installed in any secondary dwelling, and such dwell— Ing shall be used only as a temporary residence for bona fide non- paying guests of the residents of the dwelling on the same parcel. SECTION VIII. AREA, COVERAGE AND BUILDING LIMITATION."a 8:10 h4inimum Size of Lot. Minimum net area of any lot used for a dwelling shall be or 7 --three thousand five hundred. sixty (43,560) square feet net with one (1) primary dwelling unit per lot. 8:20 Floor Area. No building or combination of buildings shall be hereafter erected, established, maintained or altered where the total gross floor area thereof would exceed fifteen percent (15%) OC the net lot area. 8:30 Height of Buildings. He building or structure or parts thereof, including aerial towers, shall hereafter be constructed or altered. to exceed thirty feet (30') building height. 8:40 Movement o£ Buildings. No building shall be moved onto any site in 'he -flown of �,os Altos Hills except by a permit granted by the City Council of the Town of Los Altos Hills, and, if granted, to be upon conditions and restrictions deemed reasonable, and only after consideration and report of the Planning Commission. SECTION L'. SETBACKS (NOTE: AMENDED BY ORDINANCE N0. 93.•) 9:10 Setback _ Building Line. The setback building line for any structure s all e It y feet (301) from the property line. Where the property line abuts, or is in the vicinity of a road, public or private, the setback line shall be thirty feet (30') back from the future street right-of-way line existing after all future or planned dedications for road rights-of-way, or seventy-five feet (75') back from the centerline of the road, whichever shall be the greater distance. When a lot is situated on the turnaround t of cul-de-sac, the setback line shall be eighty-five feet (85') from r of the turnaound. 9:20 Structures Prohibited. No structure nor any portion there- of shall be so cons ruct ed or a tered. or maintained as to be loca- ted. between the property line and the setback building line. SECTION X. PARKING 10:10 Facilities. Each dwelling shall provide off-street Parking ti faciliv —`e -s 7or a minimum of four (4) cars in addition to the required access and circulation and in addition to any garage. -7- 10:20 Area. The parking area, exclusive of the access 3 cir- culation, and garage, shall have a minimum of eight hundred `800) Square Peet of surfaced area. 10:30 Conditonal Uses. The parking areas for conditional uses must be sag te to accomodate all vehicle storage requirements for maximum forseeable assemblies without resorting to adjoining roads or interior driveways for parking. In no case shall the com- bined grounC coverages of structures, road ways, parking areas or other impervious facilities exceed forty percent %) of the r.�jt area of the lot. SECTION XI. TREES AND SIiRUBS 11:10 Trees and Shrubs. In an area bounded by the conterline of intersecting roads, or easements for vehicular access, public or private, and. a straight line joining points on these centerlines eighty feet (80') distant from their intersection, all shrubs and plants shall be pruned to a height not to exceed three feet (31) above the road level at its nearest point. In this same area, all side limbs of trees shall be pruned to a height of not less than six feet (6') above the road surface. The purpose of this requirement is to provide an unobstructed view of approaching traffic on the intersecting roads. The Planning Commission may prescribe greater restrictions on the heights and distances specified in this Section where unusal conditions make such additional restrictions dasirablo in the interest of public safety. SECTION XII. NON-CONFOMAING USES 12:10 Continuation. A non -conforming use may not be changed, enlarged or a tered, nor shall the building, structure or premises up- on which the same is located be enlarged, reconstructed or structural- ly altered, unless such use is changed to a use permitted by the terms of this Ordinance. 12:20 Reversion to Conformin Use. when any building or land. which has been used o er t an rn con ormity with the regulations applicable to the district of which it is a part and when the Coun- cil, after due notice and hearing thereon shall have found that the use has become dangerous, or injurious to the public health, safety or welfare, such use shall forthwith revert to the classification of the area in which it is located. Should any non -conforming use be changed to another use not specifically authorized by the provisions of this Ordinanoe, the Council, after due notice and hearing thereon, may order the discontinuance of the previously authorized non -conforming use and the reversion to the classification of the area in which it is loca- ted. Nothing in this Ordinance shall prevent the reconstruc- tion, repairing, rebuilding and continued use of any non -conforming building or structure damaged by fire, collapse, explosion or acts -8- of God, subsequent to the date of this Ordinance, wherein tho ex- pense of such work does not exceed fifty percent (50%) of the assessed valuation of the building or structure at the time such 2,amage occurred. 12:30 Discontinuance. (A) A non -conforming use shall be consideree', Os perman- ently discontinued and may not be resumed, if it is discont'auc& or abandoned for one hundred eighty (180) days or more within tiolve (12) consecutive calendar months. (B) All non -conforming uses shall be permaDuDtly discon- tinued not Tatar than January 27, 1976. SECTION XIII. CONDITIONAL USES, VARIANCES, EXCEPTIONS 13:10 Lpnlicat ions and Appeals. Each application �"or-n shall be in writing and shall con ain Me following: (A) Reference to the specific provisions of the Ordi- nance involved. (B) As tha case may be, (1) the interpretation that is claimed or from which the appeal is made, (2) the use fo:,-• which a sp::;cial permit is sought or, (3) the details of the varianc.; that is applied for and the grounds upon which claim is made. (C) A fee in the amount established by a resolution providing therefor and adopted by the City Council. (D) The name and address of every owner of Property within a distance of three hundred feet (300') from the property as shown on the latest assessment roll of the County. 1):20 Procedure. (A) The Planning Commission shall hear all applications. (B) The Planning Commission may adopt such supplementary procecures as necessary for the conduct of its business. (C) Upon approval or conditional approval of an e:ppef-i.l or application, the Planning Commission shall transmit its reCem-- mond.ation to the City Council. (D) The recommendation shall state the full record of its findings made and shall be filed in the Office of the City Clerk by appropriate reference. (E) A ruling shall be requested from the City Attorney be=bra any determination involving an unusual question of law is made or of the City Engineer in a case of an unusual question of engineering, and such ruling shall also be filed with application. -9- 13:30 Notice and Hearin. No action o£ the Planning Commis- sion on application £or a permit, variance or appeal may bd taken un- til a public hearing is held, after notice is posted on Tow,,n bulle- tin boards and notice is posted for at least three hundred feet (300') at approximately one hundred foot (100') intervals from each boundary of the property along the highway or street upon which it abuts or from any access road or way to non -frontage property. Notice shall be by United States Mail to each property owner within a distance of three hundred feet (300') of the property, using e.ddress es from the last adopted tax roll. Such mailing and posting must be done at least ten (10) days prior to the date of hearing. 13:40 Council Review. Any action by the Planning Commission, on dateri..ation of an appeal, or granting of a permit or issuance of e. variance shall be reviewed at the next meeting of the City Council of the Town of Los Altos Hills and shall be approved there- at, or adjourned to a date subsequent thereto, or shall be denied or shall be returned to the Planning Commission for further considera- tion after which the matter may again be considered in public moot- ing by the City Council and either be approved or denied. 15:50 Resubmission. An application for a conditional use, variance, or exception which has been denied by the Council after procedure as set forth above, or for a conditional use, vari-= o or exception. substantially similar to one which has been so denied., may not be resubmitted by the applicant within a period of one (i) year from the date of the final Council action. 13:60 Restrictions on Action. No permit shall be issued nor variance grantee, excepted upon conditions that the Planning Commis- sion d.eems essential or desirable for the public interest and as approved by the City Council after findings by the City Council. that all of the following conditions exist: (A) That the result of the permit issued or variance granted will be in harmony with the general purpose and intent of this Ordinance, and (B) That the result will not be injurious to the neigh- borhood or otherwise detrimental to the public interest, safety, health and welfare, or affect traffic conditions adversely, and (C) That there are special conditions or exceptional characteristics of the property concerned, or its location or sur- roundings, which would cause a literal enforcement of this Ordinnnec; to result in practical difficulties or unnecessary hardships and that said conditions or circumstances do not exist generally with regard to other properties in the neighborhood. SECTION XIV. REGULATIONS. The Planning Commission may recommend, and the City Council may adopt in accordance with the provisions of this Ordi- nance and in amplification thereof such regulations as they deem de- sireable for the Town of Los Altos Hills. Such regulations shall be -10- typed or printed and kept on file with the City Clerk in the Town Hall and be available for use of any interested party at any time during the office hours of the said City Clerk SECTION XV. ENFORCEMENT :11 employees of the Town of Los Altos Hills vested with tho duty or authority to issue permits shall conform to the pro- visions of this Ordinance. Any such permit, certificate or liccnso issued in conflict with the provisions of this Ordinance sh^,11 be. null and void. It shall be the duty of the Building Inspector of the Town of Los Altos Hills to enforce the provisions of this Ordi- nance pertaining to erection, construction, reconstruction, moving, conversion, alteration, or addition to any building or structure. SECTION XVI. ABATEMENT Any structure erected, moved, altered, enlarged, or maintained, and any property used contrary to the provisi.Ons o.'_ this Ordinance, shall be and is hereby declared to be unlawful and a, pub- lic nuisance. The City Attorney, on referral thereof to him by the City Council, shall immediately institute necessary legal proceed- ings appropriate for the abatement, removal and enjoinment thereof in the manm:;r provided by law and shall take such other steps as may be necessary to accomplish these ends and to cause the structure or use to be removed or abated and to restrain or enjoin the erecting, moving, enlarging of the property or use contrary to the provisions of this Ordinance. SECTION XVII. VIOLATION In addition to any other provision of this Ordinance, any person or entity violating any provision of this OrCinanco shall be uilty of a misdemeanor and upon conviction thereof may be punish- od by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment for not more than ninety (90) days in any jail or con- mitmer•t facility used by the Town of Los Altos Hills, or by both such fine and imprisonment. Each day any such violation exists shall be dcemeCl to a separate offense. SECTION :.VIII. SEVER&BILITY If any section, subsection, clause, phrase or sen- tence of this Ordinance be declared., for any reason, invalid or un- constitutional, by any court of competent jurisdiction, such do- cision shall not affect the remaining portions of this Ordinance. The City Council of the Town of Los Altos Hills hereby declares that it would have passed this Ordinance and each section, subsection, clause, phrase, and sentence thereof, regardless of the fact 'chat any one or more other sections, subsections, clauses, phrases, and sentences thereof were declared invaied or unconstitutional.. -11- SECTION XIX. EFFECTIVE DATE This Ordinance shall be effective thirty (30) days after its passage and shall be posted in three (3) public places in the Town of Los .Altos Hills. SECTION XX. ADOPTION The above and foregoing Ordinance was duly andregular- ly introduced at a Regular Meeting of the City Council of the Town of hos Altos Hills, held on the 4th day of December , 1961, and was duly and regularly passed by-TFaollowing- 04`x; moo' pit: AYES: Councilmen Aiken, Fowle, Sherlock, Mayor Clayton NOES: None ABSENT: Councilmen Henley ATTEST: AUL V .���-.--,. City Clerk 12-4-61 12-4-62 10-10-63 6-28-66 ADOPTED: /S/wM. B. CLAYTON Mayor Town of Los Altos Hills lite fozeyotny l�iocament it C'erttfed to Ge a correct mpy of is, oriyirzaf on life in tGit afljee Clayton J. Smith eity 'fez( `pro `gem `Down � � t ciJ(tot c`y(iffs By rbated; / Z -12-