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HomeMy WebLinkAbout71.48 ORDINANCE NO. 71.48 AN ORDINANCE OF THE CITY OF SARATOGA AMENDING SECTION 14-35.010 RELATING TO EXCEPTIONS FROM DESIGN REQUIREMENTS OF THE SUBDIVISION ORDINANCE AND REPEALING SECTION 15-55.030 AND SUESECTION 15-80.030(k) OF THE ZONING ORDINANCE RELATING TO MODIFICATION OF STANDARDS THROUGH ISSUANCE OF A USE PERMIT The City Council of the City of Saratoga hereby ordains as follows: SECTION 1: Section 14-35.010 in Article 14-35 of the City Code is amended to read as follows: "S14-35.010 Power to grant exceptions (a) The advisory agency shah have power to grant exceptions to any of the design requirements set forth in Article 14-25 of this Chapter; provided, however, that a variance must be granted pursuant to Article 15-70 of the Zoning Ordinance for any exception from the requirement contained in Subsection 14-25.040(a) concerning minimum standards for lot area, frontage, width and depth. (b) The advisory agency shall have power to grant exceptions from any of the improvement requirements set forth in Article 14-30 of this Chapter. (c) The granting of an exception is not a matter of right and in no event may such exception be granted unless the advisory agency is able to make the findings prescribed in Section 14-35.020." SECTION 2: Section 15-55.030 in Article 15-55 of the City Code is repealed. SECTION 3: Subsection 15-80o030(k) in Article 15-80 of the City Code is repealed. SECTION 4: 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 5: This Ordinance shall be in full force and effect thirty days after its passage and adoption. -1- 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 of the City of Saratoga held on the 21st day of September , 1988, by the following vote: AYES: Councilmembers Clevenger, Moyles, Peterson, Stutmnan and Mayor Anderson NOES: None ABSENT: None ATTEST: ~ ~ Yhe above and f0reg0in's true and correct CITY CLERK /-"' ,P~acc~nO to law. -2-