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HomeMy WebLinkAboutNS 3.61 ORDINANCE NO. NSi3.61 AN ORDINANCE OF THE CITY OF SARATOGA AMENDING ORDINANCE N5-3, THE ZONING ORDINANCE, WITH RESPECT TO SETBACKS IN RESIDENTIAL ZONING DISTRICT5 AND VARIANCES FOR LEGALLY CREATED NON-CONFORMING STRUCTURES The City Council of the City of Saratoga does ordain as follows= SECTION 1: Section 3.7 of Ordinance N5-3 is hereby amended, to read as follows= "Sec. 17 - Maximum Coverage and Minimum Yards. (a) The maximum site area covered by impervious surfaces including all structures, and the minimum front yard, side yards and rear yard of any structure on each site within an R-1 District shall be as set forth in the table below, except as otherwise provided in Paragraph (b) of this Section or Section Front Side Single-Story Multi-Story District Coverage Yard Yards Rear Yard Rear Yard R-I-10,000 60% 25 ft. 10 ft. 25 ft. R-1-12,500 5,5% 25 ft. I0 ft. 25 ft. 35 ft. R-l-15,000 50% 25 ft. 12 ft. 30 ft. ~0 ft. R-I-20,000 45% 30 ft. 15 ft. 35 ft. 45 ft. R-l-t~0,000 35% 30 ft. 20 ft. 50 ft. 60 ft. (b) The minimum front yard, side yards and rear yard of any structure on corner lots in each R-1 District shall be as set forth in the table below, except as otherwise provided in Section 3.7-1: Front Exterior Interior Single-Story Mu'lti-Story' District Yard Side-Yard Side-Yard Rear Yard Rear Yard R-I-10,000 25 ft. 25 ft. 10 ft. 10 ft. l0 !t. R-1-12,500 25 ft. 25 ft. 10 ft. 10 ft. 10 it. R-I-15,000 25 ft.. 25 ft. 12 ft. 12 ft. 12 ft. R-I-20,000 30 ft. 25 ft. 15 ft. 15 It. 15 ft; R-I-~0,000 30 ft. 25 It. 20 It. 20 ft. 20 ft. (C) In determining compliance with the requirements set forth in Paragraphs (a) or (b) of this Section, the following special rules shall be applied: (1) On a corridor access 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. Rev. 12/19/8~ -1- (2) Where a single-story addition which does not exceed twenty- two (22) feet in height is added to an existing multi-story main structure, that portion of the single-story addition Iocated within the rear yard shall comply with the single- story rear yard requirement for the applicable District, but need not comply with the multi-story rear yard requirement. (3) Where a second story is added to an existing single-story main structure, the multi-story rear yard requirement shall be applied only to that portion of the structure which is multi-story." SECTION 2: Section 3A.26 of Ordinance NS-3 is hereby amended, to read as follows: "Set.. 3A.26 - Maximum Coverage and Minimum Yard~- (a) The maximum site area covered by impervious surfaces including all structures shall not exceed either twenty-five percent (25%) of the site area or fifteen thousand (15,000) square feet, whichever is less. (b) Except as otherwise provided in Paragraph (c) of this Section, the minimum front yard, side yards and rear yard of any structure on each site shall be as follows: Front Side Single-Story Multi-Story Yard Yard Rear Yard Rear Yard 30 ft. 20 ft. 35 ft. 45 ft. (c) The minimum front yard, side yards and rear yard of any structure on corner lots shall be as follows: Front Exterior Interior Single-Story Multi-Story Yard Side Yard Side Yard Rear Yard Rear Yard 30 ft. 25 ft. 20 ft. 20 ft. 30 ft. (d) In determining compliance with the requirements set forth in Paragraphs (b) or (c) of this Section, the following special rules shall be applied: (1) On a corridor access 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. (2) Where a single-story addition which does not exceed twenty- two (22) feet in height is added to an existing multi-story main structure, that portion o£ the single-story addition Rev. 12/19/8~ -2- located within the rear yard shall comply with the single- story rear yard requirement, but need not comply with the multi-story rear yard requirement. (3) Where a second story is added to an existing single-story main structure, the multi-story rear yard requirement shall be applied only to that portion of the structure which is multi-story. See, 3A.26-1 - Height of Structures. No main structure shall exceed thirty feet in height. No accessory structure shall exceed twelve feet in height. Sec. 3A.26-2 - Grade of Private Access Roads and Driveways. Unless otherwise permitted by the City Planning Commission, no private access roadway or driveway to or on any site shall exceed a grade of eighteen percent (18%) for a distance in excess of fifty (50) feet." SECTION 3: Section 3B.10 of Ordinance NS-3 is hereby amended, to read as follows-' "Sec. 3B.lO - Maximum Coverage and Minimum Yards. (a) The maximum site area covered by impervious surfaces including all structures shall not exceed either twenty-five percent (25%) of the site area or fifteen thousand (15,000) square feet, whichever is less. (b) Except as otherwise provided in Paragraphs (c) and (d) of this Section, the minimum front yard, side yards and rear yard of any structure on each site shall be as follows: Front Side Single-Story Multi-Story Yard Yard Rear Yard Rear Yard 30 ft. 20 ft. 50 ft. 60 ft. (c) Except as otherwise provided in Paragraph (d) of this Section, the minimum front yard, side yards and rear yard of the main structure on corner lots shall be as foIlows: Front Exterior Interior Single-Story Multi-Story Yar~ Side Yard Side Yard Rear Yard Rear Yard 30 ft. 25 ft. 20 ft. 20 ft. 30 ft. (d) The minimum side yard requirements set forth in Paragraphs (b) and (c) of this Section shall not apply to clustered dwelling units Rev. 12/19/g~ and such units may be located at any point at least ten feet from the side property lines; provided, however, the space between clustered dwelling units on adjacent sites shah be not less than thlrty (30) feet. (e) in determining compliance with the requirements set forth in Paragraphs (b), (c) or (d) of this Section, the following special rules shall be applied= (l) On a corridor access 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. (2) Where a single-story addition which does not exceed twenty- two (22) feet in height is added to an existing muJti-story main structure, that portion of the single-story addition located within the rear yard shall comply with the single- story rear yard requirement, but need not comply with the multi-story rear yard requirement. (3) Where a second story is added to an existing single-story main structure, the multi-story rear yard requirement shall be applied only to that portion of the structure which is multi-story." SECTION ~: Section 15.2 of Ordinance NS-3 is hereby amended, to read as follows: "See lJ.2 - Continuation--ln General. (a) Nonconforming uses and nonconforming structures, lawfully established prior to the enactment of the rezoning, reclassification or change of regulations making the same nonconforming, may be continued only in conformity with, and only so long as permitted by, the provisions of this article. Subject to the provisions hereinafter set forth, routine maintenance and repairs may be performed on a structure or site, the use of which is nonconforming, and on a nonconforming structure. (b) tn each of the following cases: (1) Upon the processing of an application for a use permit, variance or design review approval or an application for a building permit to construct or modify any improvements upon a site, it is determined that an existing main or accessory structure which is not the subject of the application does not comply with the applicable setback regulations; or (2) Upon the processing of an application for a lot split or building site approval pursuant to Ordinance NS-60, it is determined that an existing main structure or detached Rev. 12/19/8g 4- garage does not comply with the applicable setback regulations, then no variance shall be required as a condition for approval of such application, nor shall removal of the nonconforming structure be required as a condition for such approval, if the applicant establishes to the satisfaction oi the approving authority that the nonconforming structure was legally created; provided, however, nothing herein shall prevent the approving authority from imposing any requirements with respect to the nonconforming structure which may otherwise be imposed as a condition for approval of the appIication." Section 5: 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 wouId 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 6: This Ordinance shall be in full force and effect thirty (30) 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 2rid day of January/ , 1985, by the following vote: AYES: Councilmembers Callon, Hlava, I~byles-a~d l~ayor Fa_nelli NOES: Cotmci:Lm~Ttber Clevenger ABSENT:None . M v- 0 ayGr ATTEST: ~LC~Cti~iZr~k The above and fore i is a true and correct / COpy Of Or,'_iina~ce g~/~,6/WhiCh has been pub shod acc,nrair,~ to law. Rev. 12/19/8~ -5-