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HomeMy WebLinkAbout71.15 ORDINANCE NO. 71. 15 · AN ORDINANCE OF THE CITY OF SARATOGA AMENDING OR REPEALING VARIOUS PROVISIONS OF CHAPTER 15 OF THE CITY CODE RELATING TO STORAGE OF PERSONAL PROPERTY, SIGNS IN COMMERCIAL DISTRICTS, TREES, SECOND UNITS, TEMPORARY USES, CERTI_~ICATE3 OF OCCUPANCY, FIRE ESCAPES, FENCE HEIGHT AND RECREATIONAL COURTS The City Council of the City of Saratoga hereby ordains as follows: SECTION 1: Section 15-12.160 in Article 15-12, pertaining to storage of personal property, is amended to read as follows: "S15-12.160 Storage of personal property and materials (a) No portion of any site on which no dwelling exists, or on which a fully constructed dwelling exists but is not occupied and used for human habitation, shall be used for the unenclosed storage of any personal property. (b) With respect to any site on which a dwelling exists which is occupied and used for human habitation, no portion of any required front yard, and no portion of any required exterior side or rear yard of corner lots, and rear yards of double frontage lots, except as hereinafter provided, shall for any period of time in excess of five consecutive days be used for the unenclosed storage of any of the following: (1) Motor vehicles, except automobiles in fully operational condition and currently registered and licensed for operation on public highways and in normal daily use by the occupants of the site. (2) Trailers of any kind or make. Camper units detached from the truck or other motor vehicle for which they are designed or customarily used shall be considered trailers for the purpose of this Section. (3) Boats. (4) Parts of any of the items of property described in Subparagraphs (1), (2) or (3) above. (5) Building or construction materials, except those materials reasonably required for work under construction on the premises pursuant to a valid and effective building permit issued in accord with Chapter 16 of this Code. (6) Trash~ garbage or refuse, except as provided by Article 7-05 in Chapter 7 of this Code. -1- Any of the foregoing items of property which have been stored on a site or yard described herein for less than five consecutive days and then removed, shall not again be stored on such site or yard unless in compliance with Paragraph (c) of this Section or pursuant to a temporary use permit issued pursuant to Paragraph (d) of this Section. (c) The items of property described in Paragraph (b) of this Section may be stored in exterior side and rear yards of corner lots and rear yards of double frontage lots for periods in excess of five consecutive days where a fence has been legally constructed of sufficient height and of a type which screens the stored property from public view and reasonably prevents such property from becoming an' attractive nuisance. (d) The Planning Director shall have power, in cases of practical difficulty or hardship, to grant temporary use permits for storage of the items of property described in Paragraph (b) of this Section in front~ side or rear yards of sites for limited periods of time in excess of five consecutive days. Application for such storage permits shall be in writing, on forms furnished by the City, and any permit issued pursuant thereto shall be in writing, shall describe the personal property to be stored, and the location and time limit of the storage. The Planning Director may impose reasonable conditions in any such storage permit, which shall be agreed to in writing on the face of the permit by the applicant prior to the permit being issued." S]~CTION 2: Paragraph (c) of Section 15-30.100, pertaining to signs in commercial districts, is amended to read as follows: "(c) A free standing identification sign for a site containing five or more separate uses, not exceeding forty square feet in area. Such sign may be in addition to all other signs permitted under this Section." SECTION 3: Paragraph (c) of Section 15-50.020 in Article 15-50, pertaining to the definition of street trees, is amended to read as follows: "(c) Street tree means any tree within the public street or right-of-way." S~-CTION 4: Section 15-50.090 in Article 15-50, pertaining to appeals from administrative determinations under the tree regulations, is amended to read as follows: "~15-50.090 Appeals Any person objecting to a decision by the Planning Director made pursuant to any of the provisions of this Article, may appeal such decision to the Planning Commission in accordance with the procedure set forth in Article 15-90 of this Chapter. Notwithstanding the provisions of Section 15-90.020, the decision of the Planning Commission shall be final and no further appeal may be taken to the City Council." -2- SECTION 5: Section 15-56~050 in Article 15-56~ pertaining to inspections on applications for second unit use permits, is amended to read as follows: "~15-56.050 Inspections (a) Where the application is for legalization of an existing second unit or approval of a proposed second unit to be attached to a main dwelling, prior to the public hearing on the use permit, an inspection of the property shall be conducted to determine that the existing second unit, and any main dwelling to which a second unit will be attached by a common wall, will comply with all applicable building, health, fire and zoning codes. If a use permit is granted, a further inspection to determine such compliance shall be conducted after any construction or alteration work is completed. Such inspections shall be performed by the City or by an independent contractor retained by the City for such purpose, and the cost thereof shall be paid by the applicant. (b) Each existing second unit and a main dwelling to which a second unit will be attached by a common wall~ shall be reviewed by the Fire Marshall or his designated representative prior to the public hearing for the use permit. Any recommendations by the Fire Marshall shall be a condition for the granting of a use permit. Such recommendations may include the connection of the second unit to an existing or proposed early warning fire alarm system installed in the main dwelling. (c) The inspections to be conducted pursuant to this Section shall not constitute an assumption by the City, or by anyone acting in its behalf, of any liability with respect to the physical condition of the property, nor shall the issuance of a second unit use permit constitute a representation or warranty by the City to the owner of the property or any other person that such property fully complies with all applicable building, health and fire codes." SECTION 6: Section 16-60.010 in Article 16-60, pertaining to temporary uses, is amended to read as follows: "§15-60.010 Temporary uses allowed by permit (a) For the purposes of this Article, the term "temporary use" means an activity described in Paragraph (b) of this Section, whether profit or non-profit, conducted on public or private property for a limited period of time. If such time does not exceed ten consecutive days or a total of ten days within a thirty day period, the application may be acted upon and a temporary use permit issued by the Planning Director; otherwise, the application shall be acted upon by the Planning Com mission. (b) The following described temporary uses may be permitted in any zoning district in the City upon the prior obtaining of a temporary use permit pursuant to this Article: (1) Art shows. (2) Craft shows. (3) Antique shows. (4) Outdoor sales on public or private property. (5) Tours of heritage resources, as designated pursuant to Chapter 13 of this Code. (6) Home tours. (7) Fundraising activities conducted on a residential site for artistic, cultural, educational or political purposes. (8) Additional temporary uses added by the Planning Commission in accord with Section 15-60.050. (9) Temporary on-site and off-site signs in conjunction with the above uses." SL~CTION 7: Article 15-75, entitled "Certificates of Occupancy," consisting of Sections 15-75.010 through 15-75.040 inclusive, is hereby repealed. SECTION 8: Section 15-80.010 in Article 15-80, pertaining to exceptions to yard requirements, is amended to read as follows: "S15-88.010 Exceptions to yard requirements (a) Architectural features, including sills, chimneys, weather vanes, cornices and caves may extend into a required side yard not more than three feet or into a space between structures on the same site not more than eighteen inches, and may extend into a required front or rear yard not more than four feet. (b) Open, unenclosed, uncovered balconies, porches, decks, platforms, stairways and landing places, no part of which is more than four feet above the surface of the ground, may extend into a required yard or space between buildings not more than four feet. (c) Fences, walls, hedges, walks, driveways and retaining walls may occupy any required yard, subject to the limitations prescribed in the district regulations. (d) Bay windows, having no foundation or other connection to the surface of the ground directly below, may overhang and extend into any required yard for a distance not exceeding two feet." SECTION 9: Section 15-80.020 in Article 15-80, pertaining to exceptions to height limitations, is amended to read as follows: "$15-80.020 Exceptions to height Hmitations (a) Chimneys, flagpoles, radio and television aerials (except satellite dish antennas regulated under Section 15-80.080 of this Article), spires, and similar appurtenances may be erected to a height not more than fifteen feet above the height limit prescribed by the regulations for the district in which the site is -4- located~ Utility poles shall not be subject to the height limits prescribed in the district regulations. (b) Pilasters constituting a part of a fence, in reasonable numbers and scale in relationship to the nature and style of the fence~ may extend to a height of not more than two feet above the height limit applicable to the fence containing such pilasters. (c) The height of a fence shall not include light fixtures mounted thereon at the entrance of driveways and sidewalks leading into a site. Not more than two such light fixtures shall be installed at each driveway and sidewalk entrance." SECTION I0: Subparagraph (c)(6) of Section 15-80.030 in Article 15-80, pertaining to recreational courts, is amended to read as follows: "(6) The natural grade of the area to be covered by the recreational court shall not exceed an average slope of ten percent, unless a variance is granted pursuant to Article 15-70 of this Chapter." S~-CTION'lh If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction 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 Saratoga hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that one or more sections, subsections, 'sentences, clauses or phrases may be held invalid or unconstitutional. SECTION 12: This Ordinance shall be in full force and effect thirty days after its passage and adoption. The above and foregoing Ordinance was regularly introduced and after the waiting time required by law, was thereafter passed and adopted at a regular meeting of the City Council held on the 7th day of Jann~ry , 198.7, by the following vote: AYES: Councils Anderson, Clevenger, MDyles, Peterson, and Mayor Nlava NOES: None ABSENT: None ABSTAIN: None ATTEST: B AYO ~ Lr'~ ~' The above and foregoi/~g/i a true and correct · CITY CLERK " copy of Ordinance '~ · ~s which has been ac~vd,~ng to la~.