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HomeMy WebLinkAboutNS-3.31 ORDINANCE NS-3.31 AN ORDINANCE OF THE CITY OF SARATOGA AMENDING ORDINANCE NS-3, THE ZONING ORDINANCE, REGUIJTING TWO-STORY AND OTHER MULTIPLE-STORY RESIDENTIAL STRUCTURES RE REAR YARD SETBACKS, MAXIMUM AREA COVERAGE, AND DENSITY OF SAID MULTI-STORY STRUCTURES WITHIN AREAS WHEREAS, the purpose of this Ordinance is to protect neighbor- ing properties from invasion of privacy, unreasonable interference with views, adverse.impact on aesthetic character, and reduction of quanlity of light and air, the City Council of the City of Saratoga does hereby ordain as follows: Section 1: Section 1.5 of Ordinance NS-3 is hereby a~ended by adding thereto the following definition: aaa-1. Structure-Multi-Story. A multi or multiple story struc- ture y'~h shall include'buildings having one and one-half or more stories) shall mean any building or structure having one or more rooms or areas physically located above a room, rooms or area c~n= structed and located beneath the same, the floor area of the upper story or stories being located at or above the ceiling of the room, rooms or area beneath the same, and where the lowest (first) story has its floor located substantially at grade. Basements or other excavations completely below grade shall not be considered a story. A one and one-half (split-level) story structure is one where the floor level of the upper story is located at approximately the center height of other rooms in the same structure. Section 2: Section 3.7-2 is hereby added to Article 3 of Ordinance NS-3 of the City of Saratoga, which article is captioned UR-1 One-Family Residential Districts", said Section 3.7-2 to read as follows: Notwithstanding the provisions of Section 3.7 hereinabove, the maximum site area covered, and the minimum rear yard, for each multi-story structure in an R-1 district, including accessory struc- tures, shall be as prescribed as follows: District Maximum Coverage Minimum Rear Yard R-l-10,000 20% 35 feet R-1-12,500 20% 35 feet R-l-15,000 17% 40 feet R-I-20,000 17% 45 feet R-i-40,000 13% 60 feet Fewer than but no more than 50% of the lots or sites within any subdivision in an R-1 district may be improved with multi-story single-family residential structures. Hillside subdivisions, as defined in Ordinance NS-5, shall be exempt. from this section except for maximum coverage and minimum rear yard requirements~ Where a multi-story residential structure already exists on a lot or site, a new multi-story residential structure may be erected= opposite or contiguous to the same; where a single-story residential structure already exists on a lot or site,.'no new multi-story residential structure shall be allowed opposite to or contiguous to the same. The above regulations shall be applicable regardless of whether or not the lots, sites or structures in question are within the same subdivision or development, or opposite and/or contiguous to each other but in separate or distinct developments. As used herein, the term "subdivision" shall include subdivisions of four or less lots as well as subdivisions of five or more lots, as the term in defined in Ordinance NS-5 of the City'of Saratoga. The term "structure" shall mean and include accessory. structures as well as'the main residential structure on any lot or site. Section 3: Section 3-16 is hereby added to Article 3 of Ordinance NS-3, which article is captioned "R-1.One-Family Residential Districts", which section shall. read as follows: Section 3.16. Height Increase to SingIe-Story Structures. No single-story residential or accessory structure already existing, or for which a Building Permit has been issued and substan- tial sums have been expanded in reliance thereon prior to the effective date of this Ordinance, which is located in an'R-1 residential zoning. district shall be expanded to add any second or other muit~ple-story structure to the same, or otherwise to increase the pre-existing height thereof, without first obtaining a ConVersion Permit from the Planning Director of the City of Saratoga, in accord with Section 16.15 of this Ordinance. Section 4: Section 16.15 is hereby added to Article 16 of Ordinance NS-3 of the City of Saratoga, which article is captioned "Conditional Uses" to read as follows: SectiOn 16.15. Permits to Convert Single-Story.Residential to Multiple-Story A special type of Use Permit is hereby established, entitled a "Conversion Permit", which may be issued by the Planning Director for the purpose of permitting the owner of any residentiallstructure to increase the height thereof by adding a second or other multiple- story to the same, upon the Planning Director making the findings otherwise required for a Use Permit under Section 16.6 of this Ordinance. The Planning Director shall be guided by,'but have the discretion to set aside any of, the standards and criteria herein- before set forth in this ordinance in Section 3.7-2 thereof for new construction, in those cases where architectural design and/or geologic, topographic or physical conditions on the site or in the immediate vicinity give substantial evidence that the issuance of a Conversion Permit will comply with the purpose of thisTM Ordlnance: tha~ is, to protect neighboring properties from invasion of privacy, unreasonable interference with views, adverse impact on aesthetic character, and reduction in quantity and quality of light and air. Application for such Conversion Permit to the Planning Director shall be substantially in accord.with the provisions of Section 16.3 hereof, with a noticed public hearing held thereon by the Planning Director in accord with the procedure otherwise applicable to Planning Commission hearings per Section 16.4 hereof. Upon the granting or denial of any such permit by the Planning Director, all parties shall have the right. to appeal such decision directly to the City Council of this City, which appealsshall be a hearing de novo, and which appeal shall again be substantially in accord with the public hearing notice and procedure set forth in Section 16.7 of this Ordinance. The City CoUncil may affirm, reverse,~or modify the decision of the Planning Director, and the decision of the Council shallbe final and conclusive upon all parties. Once a Conversion Permit has been issued and the applicant has ~ expended substantial sums in reliance thereon, and the time for appeal has expired, the same shall be permanent and irrevocable. Section 5: If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held ~y a court of com- petent jurisdiction to be invalid, 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 ph[~s~j~thereof, irrespective of the fact that any one or more sections, sub-sections, sentences, clauses or phrases be held invalidor unconstitutional. This Ordinance shall'take effect and be in full force and.. effect thirty (30) days after the date of its passage and~doption. The above and foregoing ordinance, after public hearing held thereon by the Planning Commission Of the City of Saratoga on November ~6, 1973, was thereafter introduced and public hearing held thereon by the City Council thereof, and after the waiting time required by law, was thereafter passed and adopted this 19th day of December , 1973, by the following vote: AYES: Councilmen Smith, Dwyer, Bridges, Diddon and Kraus NOES: ABSENT: ' CITY C~L~R~:''~ / The above and foretiDing is a true and correct copy Ef .:_'. <~c' ,'~ ~'-~i, which has pubfishd acc, er~h:g to ~aw. Deputy City Dalo