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HomeMy WebLinkAboutNS 3.70 ORDINANCE NO. NS 3.70 AN ORDINANCE OF THE CITY OF SARATOGA.AMENDING ORDINANCE NS-3, THE ZONING ORDINANCE, TO LENGTHEN THE EFFECTIVE PERIOD OF DR-~GN REVIEW, USE PERMIT AND VARIANCE'APPROVALS AND TO LENGTHEN THE PERIOD FOR EXTENSIONS THEREOF THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: SECTION h Article 13 of Ordinance NS-3 is amended by adding a new Section 13.6, to read as follows: "See. 13.6 Expiration of design review approval (a) Design review approvals granted pursuant to this Article shall expire twenty-four months from the date on which the approval became effective, unless prior to such expiration date a building permit is issued ' for the improvements constituting the subject of the design review approval and construction thereof is. commenced and prosecuted diligently toward completion, or a certificate of occupancy is issued for such improvements. (b) Design review approvals may be extended for a period or periods of time not exceeding thirty-six months. The application for extension shall be filed prior to the expiration date, and shah be accompanied by the payment of a fee in such amount as established from time to time by resolution of the City Council. If a public hearing was conducted on the original design review application, a public hearing shah similarly be conducted on the application for extension. Extension of design review approval is not a matter of right and the approving authority may deny the application or grant the same subject to eonditons. The decision by the approving authority may be appealed to the City Council in accordance with the procedure set forth in Article 24 of this Ordinance°" SECTION 2: Section 13A. 13 of Ordinance NS-3 is amended to read as follows: "See. 13A.13 Expiration of design review approval (a) Design review approvals granted pursuant to this Article shall expire twenty-four months from the date on which the approval became effective, unless prior to such expiration date a building permit is issued 615185 -1- for the improvements constituting the subject of the design review approval and construction thereof is commenced and prosecuted diligently toward completion, or a certificate of occupancy is issued for such improvements. (b) Design review approvals may be extended for a period or periods. of time not exceeding thirty-six months. The application for extension shall be filed prior to the expiration date, and shall be accompanied by the payment of a fee in such amount as established from time to time by resolution of the City Council. If a public hearing was conducted on the original design review application, a public hearing shall similarly be conducted on the application for extension. Extension of design review approval is not a matter of right and the approving authority may deny the application or grant the same subject to conclitoris. The decision by the approving authority may be appealed to the City Council in accordance with the procedure set forth in Article 24 of this Ordinance." SECTION 3: Section 16.9 of Ordinance NS-3 is amended to read as follows: "See. 16.9 Expiration of use permit (a) A use permit granted pursuant to this Article shall expire twenty-four months from the date on which approval of such use permit became effective, unless prior to such expiration date a building permit is issued and construction is commenced and prosecuted diligently toward completion on the site or structure constituting the subject of the use permit, or a certificate of occupancy is issued for such site or structure. (b) A use permit may be extended for a period or periods of time not exceeding thirty six months. The application for extension shall be filed prior to the expiration date, and shall be accompanied by the payment of a fee in such amount as established from time to time by resolution of the City Council. A public hearing shall be conducted on the application for extension. Extension of a use permit is not a matter of right and the approving authority may deny the application or grant the same subject to conditions. The decision by the approving authority may be appealed to the City Council in accordance with the procedure set forth in Article 24 of this Ordinance." SECTION 4: Section 17-9 of Ordinance NS-3 is amended to read as follows: "See. 17-9 Expiration of variance (a) A variance granted pursuant to this Article shah expire twenty-four months from the date on which approval of such variance became effective, unless prior to such expiration date a building permit is issued and construction is commenced and prosecuted diligently toward completion on the site or structure constituting the subject of 6/5/s5 -2- the variance, or a certificate of occupancy is issued for such site or structure. (b) A variance may be extended for a period or periods of time not exceeding thirty-six months. The ~application for extension shall be filed prior to the expiration date, and shall be accompanied by the payment of a fee in such amount as established from time to time by resolution of the City Council. A public hearing shall be conducted on the application for extension. Extension of a variance is not a matter of right and the approving authority may deny the application or grant the same subject to conditions. The decision by the approving authority may be appealed to the City Council in accordance with the procedure set forth in Article 24 of this Ordinance." ~SI~CTION 5: This Ordinance shall apply to all design review approvals, use permits and variances granted prior to the adoption of this Drdinance which remain viable and effective as of the effective date of this Ordinance subject, however, to the following limitations: (a) The initial expiration period of twenty-four months, as provided in Ihis Ordinance, shall apply only to design review approvals, use permits and variances for which no extensions have been granted as of the effective date of this Ordinance. (b) Any extension of a design review approval, use permit or variance granted prior to the effective date of this Ordinance shall be included in the thirty-six month period of time for which such design review approval, use permit or variance may be extended under the terms of this Ordinance. SECTION 6: 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 any one or more sections, subsections, sentences, clauses or phrases be held invalid or unconstitutional. SE(~TION 7: This Ordinance shall be in full force and effect thirty days from and after the date of its passage and adoption. 6/5/85 -3- The above and foregoing Ordinance was regularly introduced and after the waiting time required by law, was thereafter passed and adopted this 21st~ day of August 1985~ by the following vote: AYES: Councilmembers Fanelli, Hlava, MDyleS and Mayor Clevenger NOES: None ABSENT: Counci~ CaIlon ABSTA/N: None ATTEST: CITY CLERK pub~ishe~J accoici~i~ to law. r e ~ 615/85 -4-