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HomeMy WebLinkAbout71.106 ORDINANCE NO. 71-106 An Ordinance of the City of Saratoga amending various sections of the zoning regulations of the Saratoga City Code, concerning Design Review, Setbacks, Minor Grading, Fences and Definitions in the Residential Districts. WHEREAS, the City of Saratoga has recently implemented zoning amendments by Ordinance 71.99; and WHEREAS, the City has applied the aforementioned amendments; and WHEREAS, the City has determined the existing regulations pertaining to Design Review, Setbacks, Minor Grading and Fencing require further revision; NOW, THEREFORE, the City Code of the City of Saratoga is amended to read as follows: Section 1: A new section is added to Article 15-06 of the City Code to read as follows: Geotechnical Clearance. Geotechnical Clearance means a written acknowledgement from th~ City Engineer indicating that: (a) The applicant has identified all geological and geotechnical hazards and constraints present on the site. (b) The applicant has evaluated those hazards and constraints identified in (a) which would affect the proposed development of the site or impact adjacent properties, as required by the City Engineer and City Geotechnical Consultant. (c) The applicant has developed appropriate measures to avoid and/or mitigate those hazards and constraints evaluated in (b) to the satisfaction of the City Engineer and City Geotechnical Consultant. (d) The applicant has paid all fees associated with the City Geotechnical Consultant's review of the application. Geotechnical Clearance does not and shall not be construed as constituting an approval or entitlement of any form or type. Section 2: Section 15-12.090 in Article 15-12 of the City Code is hereby amended to read as follows: S15-12.090 Front yard, side yards and rear yards. A. The minimum yard requirements for all lots in the R-1 district, with the exception of vacant lots and lots created after (adoption date) 1992, are as follows: (1) Front Yard. The minimum front yard of any lot in each R- i district shall be the distance indicated in the following table: District Front Yard R-l-10,000 25 ft. R-1-12.500 25 ft. R-l-15,000 25 ft. R-i-20,000 30 ft. R-i-40,000 30 ft. (2) Side yards of interior lots. The minimum side yard of any interior lot in each R-1 district shall be the distance indicated in the following table for each side yard: Individual District Side Yards R-l-10,000 10 ft. R-1-12,500 10 ft. R-l-15,000 12 ft. R-i-20,000 15 ft. R-i-40,000 20 ft. (3) Side yards of corner lots. The minimum side yard of any corner lot in each R-1 district shall be the distance indicated in the following table: Interior Exterior District Side Yard Side Yard R-l-10,000 10 ft. 25 ft. R-1-12,500 10 ft. 25 ft. R-l-15,000 12 ft. 25 ft. R-1-20,000 15 ft. 25 ft. R-I-40,000 20 ft. 25 ft. (4) Rear yards Of Corner lots. The minimum rear yard of any corner lot in each R-1 district shall bethe distance indicated in the following table: Single-story Multi-story District Rear yard Rear yard R-l-10,000 10 ft. 10 ft. R-1-12,500 10 ft. 10 ft. R-l-15,000 12 ft. 12 ft. R-i-20,000 15 ft. 15 ft. R-i-40,000 20 ft. 20 ft. (5) Rear yards of interior lots. The minimum rear yard of any interior lot in each R-1 district shall be the distance indicated in the following table: Single-story Multi-story District Rear yard Rear yard R-l-10,000 25 ft. 35 ft. R-1-12,500 25 ft. 35 ft. R-l-15,000 30 ft. 40 ft. R-i-20,000 35 ft. 45 ft. R-i-40,000 50 ft. 60 ft. B. The minimum yard requirements for structures and additions thereto on vacant lots and lots created after May 15, 1992, are as follows: (1) Front yard. The minimum front yard of any lot in each R- 1 district shall be twenty percent (20%) of the lot depth, or the distance indicated in the following table, whichever is greater: District Front Yard R-l-10,000 25 ft. R-1-12,500 25 ft. R-l-15,000 25 ft. R-1-20,000 30 ft. R-1-40,000 30 ft. (2) Side yards of interior lots. The minimum side yard of any interior lot in each R-1 district shall be ten percent (10%) of the lot width, or the distance indicated in the following table for each side yard, whichever is greater: Individual District Side Yards R-l-10,000 10 ft. R-1-12,500 10 ft. R-l-15,000 12 ft. R-i-20,000 15 ft. R-i-40,000 20 ft. (3) Side yards of corner lots. The minimum side yard of any corner lot in each R-1 district shall be ten percent (10%) of the lot width, or the distance indicated in the following table, whichever is greater: Interior Exterior District Side Yard Side Yard R-l-10,000 10 ft. 15 ft. R-1-12,500 10 ft. 15 ft. R-l-15,000 12 ft. 15 ft. R-i-20,000 15 ft. 20 ft. R-i-40,000 20 ft. 25 ft. (4) Rear yards of corner lots. The minimum rear yard of any corner lot in each R-1 district shall be twenty-five percent (25%) of the lot depth, or the distance indicated in the following table, whichever is greater: Single-story Multi-story District Rear Yard Rear Yard R-l-10,000 25 ft. 25 ft. R-1-12,500 25 ft. 25 ft. R-1-15,000 30 ft. 30 ft. R-i-20,000 35 ft. 35 ft. R-1-40,000 50 ft. 60 ft. (5) Rear yards of interior lots. The minimum rear yard of any interior lot in each R-1 district shall be twenty-five (25%) of the lot depth, or the distance indicated in the following table, whichever is greater: Single-story Multi-story District Rear Yard Rear Yard R-l-10,000 25 ft. 35 ft. R-1-12,500 25 ft. 35 ft. R-l-15,000 30 ft. 40 ft. R-i-20,000 35 ft. 45 ft. R-1-40,000 50 ft. 60 ft. C. For the purpose of this article, "vacant lot" shall mean a parcel with no existing single-family dwelling. D. Determination of yards for flag lots. On a flag lot with an average width that-exceeds its average depth, the longer dimension may be considered the depth for the purpose of measuring the front, side and rear yards, unless to do so would adversely affect the lot's normal yard orientation in relation to adjacent lots. Section 3: Section 15-13.090 in Article 15-13 of the City Code is hereby amended to read as follows: S15-13.090 Front yard, side yards and rear yard. A. The minimum yard requirements for all lots in the HC-RD zoning district, with the exception of vacant lots and lots created after (adoption date) 1992, are as follows: (1) Front yard. The minimum front yard shall be thirty (30) feet. · (2) Side yards. The minimum side yard shall be twenty (20) feet in the case of an interior side yard and twenty-five (25) feet in the case of an exterior side yard. (3) Rear yard. The minimum rear yard shall be thirty-five (35) feet in the case of a single-story structure and forty-five (45) feet in the case of a multi-story structure. B. The minimum yard requirements for structures and additions thereto on vacant lots and lots created after May 15, 1992, are as follows: (1) Front yard. The minimum front yard shall be thirty (30) feet or twenty percent (20%) of the lot depth, whichever is greater. (2) Side yards. The minimum side yard shall be twenty (20) feet in the case of an interior side yard and twenty-five (25) feet in the case of an exterior side yard, or ten percent (10%) of the lot width, whichever is greater. (3) Rear yard. The minimum rear yard shall be thirty-five (35) feet in the case of a single-story structure and forty-five (45) feet in the case of a multi-story structure, or twenty-five percent (25%) of the lot depth, whichever is greater. C. For the purpose of this article, "vacant lot" shall mean a parcel with no existing single-family dwelling. D. Determination of yards for flag lots. On a flag lot with an average width that exceeds its average depth, the longer dimension may be considered the depth for the purpose of measuring the front, side and rear yards, unless to do so would adversely affect the lot's normal yard orientation in relation to adjacent lots. Section 4: Subsection (6) is hereby added to Section 15- 14.050(g) in Article 15-14 of the City Code as follows: (6) No building site shall be graded so as to create a flat, visible pad surrounding the main residential structure. Section 5: Section 15-14.100 in Article 15-14 of the City Code is hereby amended to read as follows: S15-14.100 Front yard, side yards and rear yard A. The minimum yard requirements for all lots in the NHR zoning district, with the exception of vacant lots and lots created after (adoption date) 1992, are as follows: %7(~ Front yard. The minimum front yard shall be thirty (30) feet. (2) Side yards. The minimum side yard shall be twenty (20) feet in the case of an interior side yard and twenty-five (25) feet in the case of an exterior side yard. (3) Rear yard. The minimum rear yard shall be fifty (50) feet in the case of a single-story structure and sixty (50) feet in the case of a multi-story structure. B. The minimum yard requirements for structures and additions thereto on vacant lots and lots created after May 15, 1992, are as follows: (1) Front yard. The minimum front yard shall be thirty (30) feet or twenty percent (20%) of the lot depth, whichever is greater. (2) Side yards. The minimum side yard shall be twenty (20) feet in the case of an interior side yard and twenty-five (25) feet in the case of an exterior side yard, or ten percent (10%) of the lot width, whichever is greater. (3) Rear yard. The minimum rear yard shall be fifty (50) feet in the case of a single-story structure and sixty (60) feet in the case of a multi-story structure, or twenty-five percent (25%) of the lot depth, whichever is greater. C. For the purpose of this article, "vacant lot" shall mean a parcel with no existing single-family dwelling. D. Determination of yards for flag lots. On a flag lot with an average width that exceeds its average depth, the longer dimension may be considered the depth for the purpose of measuring the front, side and rear yards, unless to do so would adversely affect the lot's normal yard orientation in relation to adjacent lots. Section 6: Subsection (3) is hereby added to Section 15- 29.010(b) in Article 15-29 of the City Code as follows: (3) Safety railings that are required by the Uniform Building Cede shall be excluded from the height requirements of this section. Section 7: Section 15-45.030(f) in Article 15-45 of the City Code is hereby amended to read as follows: (f) Floor area reduction for certain zone districts. After the allowable floor area is calculated in paragraphs (d) & (e) above, the maximum allowable floor area for all structures shall be reduced by 1.5% for each one (1) foot of height in excess of 18 feet in height. This deduction shall apply only to new construction built after (adoption date), including new main structures, additions thereto, and new additions to existing main structures, for all lots located in any R-1 zone district. Section 8: Section 15-45.050 in Article 15-45 of the City Code is hereby amended to read as follows: 515-45.050 Underfloor clearance All new single-family main structures and accessory structures, or additions thereto, shall be designed to follow the slope of the site so as to reduce the clearance between ground floor levels and natural or finish grade, whichever measurement is greater, to not more than five feet. The Planning Commission may grant exceptions to this requirement if the Commission is still able to make all of the findings set forth in Section 15-45.080 of this Article. Section 9: Subsection (11) is hereby added to Section 15- 45,070(a) in Article 15-45 of the City Code as follows: (11) A "Geoteohnioal Clearance" as defined in Section 15-06 of the City code, if required by the City Engineer. section 10: The first paragraph of Section 15-50.120 in Article 15-50 of the City Code is hereby amended to read as follows: S15-50,120 Violations; penalties The violation of any provision contained in this Article is hereby declared to be unlawful and shall constitute an infraction and a public nuisance, subject to the penalties as prescribed in Chapter 3 of this Code. In addition thereto, any person unlawfully removing or destroying any protected tree, as described in Section 15-50,050, without a permit shall be penalized as follows: Section 11: Section 15-65.160(c) is hereby added to Article 15-65 of the City Code as follows: (c) In the event the setbacks in (a) or (b) of this Section are determined to be greater than those in the applicable zoning standard, then the zoning standard shall apply. Section 12: The first paragraph of Section 15-70.020(b) in Article 15-70 of the City Code is hereby amended to read as follows: (b) No variance for setbacks, distance between structures, fences, walls and hedges shall be required, however, for new main and accessory structures proposed to be built on existing graded pads where: Section 132 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, 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 14= This Ordinance shall be in full force and effect thirty (30) days after its passage and adoption. The above and foregoing Ordinance was reqFularly introduced and after the waiting time required by law, was thereafter passed and adopted at a regular meeting of the City council of the City of Saratoga, held on the l~th day of April , 1992, by the following vote: AYES: C0unci]members.C]evenger, Mon~a, Stutzman and Mayor Koh]er NOES: None t ATTEST: <'~"~/ ' oin ' ~ true and correct '~e a~ove and foreg /g~ whict~ h~s tmen ~cop,/o~ Ordinance ~