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HomeMy WebLinkAboutNS-3.1 ORDINANCE N~-3~l AN ORDINANCE ANENDIN~ ORDINANCE NS'=3, THE ZONING ORDINANCE OF THE CITY OF SARATOGA, BY ADDING AND AMENDING SUBSECTIONS TO ARTICLES 1, 3, S, 10, 12~ 14 and 18 THEKEOF. The City Council 6f the City of Saratoga hereby ordains as follows: Se. ction 1: There is hereby added to Section 1,3 of Article I of Ordinance NS-3~ which section is captioned "Interpretation's the following: The enL~neration of permitted uses for the. dis~icts as set forth in Articles 3 through 9s and for any bther districts which my be established in the future, shall be interpreted to mean that any use which is no~ listed as bein~ pe~nitted is thereby automtically prohibited, This is a c!arification of existin~ law and is not intended as any chan~e, modification Or addition. Section 2: There is hereby added to Section 3.3 of Article 3, and Section 5.3 of Article 5 of Ordinance NS-3, each of which sections is captioned "Conditional Uses", the followin~ sub- section which shall be Subsection 3.5 (f) of Article 3 and Sub- section 5.3 (f) of Article 5, to read as follows: Section .3.3. (f): Sect.ion .5.3. (f): The use of real :estate sales of new homes in a residential subdivision fr~a a model home located on a lot Of the same resident- ial subdivision or~ in the discretfan of ~he PlenninS on a lot of another subdivision aeveloped by a~p~icant, for such period of ti~e as set down by th~;:Plan~ing Commission in such use permit, but not to exceed 12 months. SeCtion 3: Subsect!on (d) of sectionl. io.2 of Article 10, Ordinance NS-3s i~.hereSy amehded td read as follows: Section 10.2. (d). : All signs, outdoor adve~tisin~ structures · and displays shall. be l~cated on the. same site as the use ~hay identify o~ ad~eftis~ bxCapt subdi~i~ian directions1 siZns as prescribed in Section 10.8, and public interest siSns as prescribed in Section 10,10. .Sec.t.ion 4: There is hereby added to Article 10 of Ordinance NS-3 the followin~ nay section: Section 10.1.0: Public Interest Signs - .All Districts. Both on-site and off-site directions1 and indentieica- tion si~ns shall be permitted in any zonin~ district to ad- vertise, identify or direct persons to public and quasi-public areas~ centers and institutions, and such other arenas whether natural or artificial, which in the opinion of the Plannin6 C~,~.~,sesion are points of ~eneral public interest. Such siZns are permitted only upon obtaininS prior design review and ap- proval in accord with Article 13 hereof, and upon the prior securin8 of a siZn permit from the Zonin~ Administrator. -...._. Section 5: There is hereby added to Section 12.1 of Article 12 of Ordinance NS-3s captioned "Home Occupations', the follow- in~ subseczion to be desi8nsted as Section 12.1 (k), which shell read as follows: W Iw Section 12.1 (k): Realtors and real estate offices are not pend. tted as home occupations ~n either an 'A" or an 'R'~ district. This prohibition shall not affect the sale of new homes out of a model home otherwiRe properly author- ized by a use permit. Section 6: There is hereby added to Section 14.3 6f ArCicle 14 Of Ordinance NS-3, which section is captioned "Use of Non- Conformin~ Sites", and which shall be added after Section 14.3 the followin~ paragraph: ~nere the depth of a non-conformin~ site is less than the minimum prescribed. the rear yard shall be 20% of the depth of the site or 20 feet, whichever is the greater. Section 7: That portion of Section 18.4 of Article 18 of Ordinance NS-3. which portion reads as follews: 'In addition to publication, when a public heartn~ is to be held on an application or a proposal for a change in a district boundary, notice of a public hearin~ shall be given not less than 5 days nor more than 30 days prior to the date of the hearin~ by mailing, postage prepaid, a notice of the and place of the hearin~ to all persons whose =,~es appear on the latest adopted tax roll of Santa Clara CoUnty as ownin~ property within 500 feet of ~he boundaries of the area occupied or to be occupied by the use which is the subject of the heari~.' is hereby repanled. The intention '0f the foregoing ame~dmeht is to eliminate the requirement of the ~ilin~ ~f notices .on publiC hearings before the Plaoning Comm{ssion and City Council on chan~es of zoning. SectioULa: If any section, subsection~ sentence, clause]or phrase Of this Ordinance is for ahy. reason h~ld by a cou~t of ~ompetent Ju~isdictioh to be inv~lid~ Such dedisl0n shali 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 any one or more sections, subsections, sentences, clauses or phrases be held invalid or unconstitutional. Section 9: This. ordinance shall be operative and take effect on and after thirty (30) days from its date of passage. The above and foregoin~ ordinance, after public hearin~ held thereon by the Plannin~ Co~esion of the City of Saratoga, was thereafter introduced and public hearin~ held thereon by the City Council thereof, and was thereafter passed and adopted this 16th day of May s 1962, by the followin~ Vote: AYES: Brazil, Glennon, Drake, Hartman, Ritchie NOES: None ABSENT: None pu~.,~fahc '_Tbdidir.9 ~o ClT~-CLERK ~ ~ ~ Dato