HomeMy WebLinkAbout71.76 ORDINANCE NO. 71.76
AN ORDINANCE OF THE CITY OF SARATOGA
AMENDING SECTIONS 15-19.0:20(f) AND 15-:29.010
OF THE CITY CODE CONCERNING HEIGHT OF
FENCES SEPARATING COMMERCIAL AND
RESIDENTIAL DISTRICTS
The City Council of the City of Saratoga hereby ordains as follows:
SECTION h Subsection 15-19.020(f) in Article 15-19 of the City Code is
amended to read as follows:
"(f) Screening, landscaping and fencing.
(1) Where a site is adjacent to an A, R-i, HC-RD, NHR, R-M or P-A
district, a solid wall or fence six feet in height shall be located
along the property line between the two districts, except in a
required front yard, and an area five feet in depth adjoining such
property line shall be landscaped and permanently maintained with
plant materials suitable for ensuring privacy, screening
unsightliness and insulating adjacent properties against noise.
(2) Open storage of materials and equipment shall be permitted only
within an area surrounded and screened by a solid wall or fence
(with solid gates where necessary) not less than six feet in height;
provided, that no materials or equipment shall be stored to a height
greater than that of the wall or fence.
(3) All outdoor trash containers and garbage areas shall be fully
enclosed by a solid wall or fence and solid gates of sufficient
height to screen the same from public view. No trash or garbage
containers shall be placed or kept within twenty-five feet from the
property line of any site occupied by a dwelling unit. An owner or
occupant of a commercial establishment shall comply with the
requirements of this Paragraph within sixty days after receiving a
directive from the City to do so.
(4) Notwithstanding any other provision contained in this Subsection
(f), the Planning Director or the Planning Commission may require
the installation of a solid fence or wall up to eight feet in height
along any property line that abuts a residential district, upon a
determination that such fence or wall is necessary to mitigate
noise or other adverse impacts of the commercial activity upon the
residential use. In the case of an existing commercial
development, such fence or wall shall be installed within sixty days
after the requirement is imposed by the Planning Director or the
Planning Commission, unless a longer period of time is allowed by
the Director or the Commission by reason of extenuating
circumstances, including, but not limited to, the installation cost
of the new fence or wall, or the value of any existing fence or wall
to be demolished, or the cost of removing any existing fence or
wall.
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(5) Required pedestrian open spaces, front yards and side yards, and
not less than fifteen percent of any parking lot area, shall be
completely landscaped and permanently maintained.
(6) No credit shall be given against any landscaping or open space
requirement imposed by this Article by reason of adjacent public
parking facilities or public rights-of-way.
(7) Whenever screening or landscaping is required by the provisions of
this Article, or as a condition of any project approval, the owner or
occupant of the property shall keep and maintain such screening
and landscaping in good condition and repair.
(8) Except as otherwise provided in this Subsection (f), fences, walls
and hedges shall comply with the regulations set forth in Article
15-29 of this Chapter."
SECTION 2: A new Paragraph (h) is added to Section 15-29.010 in Article 15-29 of
the City Code, to read as follows:
"(h) Fencing adjacent to commercial districts. The Planning Director may
issue a special permit to allow a fence up to eight feet in height where such fence is
installed along a rear yard or interior side yard of a residential site which abuts a
commercial district. The Planning Director may impose such conditions as he deems
appropriate to mitigate any visual or other adverse impacts of the fence, including,
but not limited to, requirements with respect to the design and materials of the
fence and landscape screening. Applications for a special permit under this
Paragraph shall be filed with the Planning Director on such form as he shall
prescribe, and shall be accompanied by a processing fee in such amount as
established from time to time by the City Council."
SECTION 3: 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 4: This Ordinance shall be in full force and effect thirty 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 of the City of Saratoga held on the 6th day of
3une , 1990, by the following vote:
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AYES: Councilmembers Anderson, Moyles, Peterson, Stutzman and Mayor Clevenger
NOES: None
A.sE~T= No.e' '~ ~//,~-~,~-d
MAYOR ~
ATTEST:
The above and foreqoing is a true and correct
copy of ¢rdinaI%e ~Y_l' ~, which has been
published according to law.
-3- Deputy Citv C'ler ' / ~ate