Ordinance 2008-01
ORDINANCE NO. 2008-01
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GILROY AMENDING PART THREE, SECTIONS 48.23 AND
48.25 OF THE GILROY ZONING ORDINANCE REDUCING
THE PERIOD WITHIN WHICH A DISCONTINUED OR
ABANDONED NON-CONFORMING USE MAY REQUEST A
REINSTATEMENT OF SAID NON-CONFORMING USE.
WHEREAS, the City of Gilroy Zoning Ordinance ("Zoning Ordinance") Section 2.20 defines a
non-conforming use as "[ a] utilization or occupancy of any site lawfully utilized or occupied on the
effective date ofthis Ordinance or amendment to this Ordinance thereto, which is not a permitted use
for the district in which it is located, according to this Ordinance"; and
WHEREAS, Zoning Ordinance Section 48.10 sets forth the criteria for the continuation of a
non-conforming use as follows: "any use lawfully occupying a building or land at the effective date of
this Ordinance or of subsequent amendments hereto, that does not conform to the regulations for the
district in which it is located shall be deemed to be a non-conforming use and may be continued,
except as otherwise provided herein"; and
WHEREAS, Zoning Ordinance Section 48.23 provides when the non-conforming use has
been discontinued for a period of twelve (12) months or more, the non-conforming use shall not be
reinstated; and
WHEREAS, the policy behind the regulation of non-conforming uses is to discourage non-
conforming uses, and to provide for their cessation so that all uses in a district conform to the City's
present zoning standards; and
WHEREAS, in order to implement the policy of cessation of non-confirming uses, and in
\JH\729013.3
103007-04706089
Ordinance No. 2008-01
order to promote and protect the public health, safety and general welfare, the City desires to reduce
the period of time within which a discontinued non-conforming use of land or buildings may be
reinstated; and
WHEREAS, the current Zoning Ordinance provides that a non-conforming use which has
been discontinued for one (I) year shall not be reinstated; and
WHEREAS, the current Zoning Ordinance further provides that a conforming use ofland or
building which has been changed to a conforming use, or discontinued for a continuous period of one
(1) year, such non-conforming use shall not be reestablished, and the use ofthe premises thereafter
shall be in conformity with the regulations of the zoning district; and
WHEREAS, in order to encourage and facilitate redevelopment in appropriate zoning
districts, the City has determined that it is in the best interest ofthe City and its residents to reduce
the time within which a non-conforming use ofland or buildings can be reinstated after a period of
discontinuance to one hundred twenty (120) days.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I
Part Three, Section 48 entitled "Non-Conforming Uses and Buildings" Section 48.23 is
repealed in its entirety and replaced with a new Section 48.23 to read as follows:
"Section 48.23
Except as otherwise provided in this Section 48, when the non-conforming use ofland or
a building as been discontinued or abandoned for a period of one hundred twenty (120)
days or more, the non-conforming use shall not be reinstated, and the use of land or a
building must thereafter conform to the regulations of the district."1
1 The changes are highlighted in bold.
\JH\729013.3
103007-04706089
Ordinance No. 2008-01
SECTION II
Part Three, Section 48 entitled "Non-Conforming Uses and Buildings" Section 48.25 is
repealed in its entirety and replaced with a new Section 48.25 to read as follows:
"Section 48.25
(a)Whenever a non-conforming use ofland or a building has been changed to a conforming
use, the prior non-conforming use shall not thereafter be reestablished, and the use of
the land or building thereafter shall be in conformity with the regulations for the district.
(b )Whenever a non-conforming use of land or a building has been discontinued for a
continuous period of one hundred twenty (120) days, the prior non-conforming use shall
not thereafter be reestablished, and the use of the land or building thereafter shall be in
conformity with the regulations for the district.
(c )Non-conforming uses located within designated Historic Structures may be reinstated or
allowed to continue subject to an approved Conditional Use Permit from the Planning
Commission. Where no enclosed building is involved, discontinuance_of a non-conforming
use for a period of one hundred twenty (120) days shall constitute abandonment."
SECTION III
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be
invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of
this ordinance. The City Council of the City of Gilroy hereby declares that it would have passed and
adopted this Ordinance, and each section, subsection, sentence, clause or phrase hereof, irrespective
ofthe fact that anyone or more sections, subsections, sentences, clauses or phrases may be declared
invalid or unconstitutional.
SECTION IV
This Ordinance shall be in full force and effect thirty (30) days after its passage and adoption.
PASSED AND ADOPTED this 22nd day of January, 2008, by the following vote:
AYES: COUNCILMEMBERS:
ARELLANO, BRACCO, DILLON, GARTMAN,
TUCKER, WOODWARD, and PINHEIRO
NOES: COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS: NONE
\JH\729013.3
103007-04706089
Ordinance No. 2008-01
/
APPROVED:
~
ATTEST:
'1
(
Shawna.
\JH\729013.3
103007-04706089
-
~
Ordinance No. 2008-01
I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Ordinance No. 2008-01 is an original ordinance, or true and correct copy of a city
ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council
held on the 220d day of January, 2008, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 8th day of February, 2008.
(Seal)