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County Ordinance NS-1200, Section 30 AL 81,040.3 Jan. 5, 1968 CITY OF CUPERTINO California NS-1200 ORDINANCE REGULATING NON-CONFORMING USES Sec. 30 Note: The City Council of Cupertino adopted on October 10, 1955, the Zoning Ordinance of the County of Santa Clara. Most provisions of this Ordinance have been replaced by City Ordinances. However, no City Ordinance regulating Non-Conforming Uses has been adopted by the City Council. Consequently, the following 1955 version of the County's Ordinance NS-1200, Section 30, is valid in the City of Cupertino. County Except as otherwise provided in this section, the lawful Ordin. use of land existing at the time of the adoption of this NS-1200 Ordinance, although such use does not conform to the re- Section gulations specified, by this Ordinance for the Zone in 30 which such land is located, may be continued; provided, however, that no such non-conforming use shall be enlarged or increased, nor shall any such non-conforming use be ex- tended to occupy a greater area of land than that occupied by such use at the time of the adoption of this Ordinance; provided, further, that if any such non-conforming use ceases any subsequent use of such land shall be in conformity to the regulations specified by this Ordinance for the Zone in which such land is located. Except as otherwise provided in this section, 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 district in which such building is located. Any such use may be extended throughout the building provided no structural alterations except those required by law or ordinance are made therein. If no structural alterations are made, the non-conforming use of a building may be changed to another non-conforming use, which, in the opinion of the Planning Commission, is of the same or of a more restricted nature. If a non-conforming use hereunder ceases for a continuous period of not less than six (6) months, any future use of said building shall be in conformity to the regulations specified by this Ordinance for the Zone in which such building is located. 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 such 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 such Zone in which said building is located; provided, however, that work done in any period of twelve (12) months on ordinary structural alterations (2-55) ` -1= AL 81,040.3 Jan. 5, 1968 NS-1200 ORDINANCE REGULATING NON-CONFORMING USES (Continued) Sec. 30 County or replacements of walls, fixtures or plumbing not exceeding Ordin. twenty-five (25) per cent of the building's assessed value NS-1200 according to the assessment thereof by the Assessor of the Section County for the fiscal year in which such work is done shall 30 be permitted, provided that the cubical contents of the building as it existed at the time of the passage of this Ordinance be not increased. If at any time any building in existence 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 seventy-five (75) per cent of the assessed value thereof according to the assessment thereof by the said Assessor for the fiscal year during which such destruction occurs, then without further action by the City Council the 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 this Ordinance for the Zone in which such land and building are located. 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 law- fully 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 construction materials in their per- manent 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 demolition or removal of an existing structure has been begun prepara- tory 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. Regardless of any other provision of this Ordinance no junk yard which, after the adoption of this Ordinance, exists as a non-conforming use in any Zone, shall continue as herein provided for non-conforming uses unless such junk yard shall, within one year after the same has become a non-conforming use, be completely enclosed within a building or within a continuous solid fence not less than eight (8) feet in height and in any case of such height as to screen completely all the operations of such junk yard, of which building or fence the plans shall first have been approved by the Planning Commission. All other provisions of this i section shall apply to any non-conforming junk yard. (2-56) -2- AL 81,040.3 Jan. 5, 1968 NS-1200 ORDINANCE REGULATING NON-CONFORMING USES (Continued) Sec. 30 County Regardless of any other provisions of this Ordinance, any Ordin. use for which a Use Permit is required or for which a Use NS-1200 Permit may be granted as provided in this Ordinance, which Section use is existing at the time of the adoption of this ordi- 30 ance in any Zone in which such use is specifically per- mitted subject to the securing of a Use Permit, shall with- out further action be deemed to be a conforming use in such Zone. The foregoing provisions shall also apply to non-conforming uses in Zones hereafter changed. (Ordinance No. 120 of the County of Santa Clara.) • -3- (2-57)