HomeMy WebLinkAboutNS-3 CITY OF SARATOGA ORIGINAL ORDINANCES NS-3 SERIES
(Zoning 9!rdinance Amendments)
ORD. NO. '--~ DESCRIPTION DATE ADOPTED
NS-3.1 Amending Ord. NS-3 by adding and amending subsections to Articles
f 1, 3, 5, 10, 12, 14, and 18. xl5/16/62
NS-3.2 Clarifying section 16.10.1 of Ord. NS-3 10/17/62
NS-3.3 Adding Section 3.3 (f) and Section 16.6.1 to Ord. NS-3 relating to
conditional uses, and providing for 4-H in residential zones. 5/1/63
NS-3.4 Changing the definition of "Site Area", by adding Section 10.8-1 '~
to Article 10 relating to temporary construction signs, by clari-
fying the definition of side yards, and limiting certain types of
public interest signs of a complex nature at the entrances to the 2/5/64
City.
NS-3o5 Adding section 14.1.1 to Article 14 relating to changing of condi-.
f tional reclassification 3/18/64
/
NS-3.6 ! Establishing a planned community district zoning classification,
and by amending sections 1.6, 14.1, and 18.11 of said ordinance 6/17/64
NS-3.7 Amending section 3.7, 10.5, and adding section 13.3~1 to Article
13. 12/2/64
NS-3.8 Requiring use permits for gasoline service stations in C-C and C-N 10/21/64
..NS-3.9 Amending the Definition of "Site Area" 4/17/65
NS-3.1O Adding Certain Sections regulating the stroage of motor vehicles,
trailers, airplanes, boats, parts, building materials, trash,
garbage and refuse in residential districts. 8/18/65
NS-3.11 ~dding certain regulations governing access of cooridor lots 2/2/66
~S-3o12 Clarifying certain definitions of section 1.5, adding the defini-
tion of keeping, amending sections 2.3 (e), 3.2 (e) and 3.3 (e),
relating to the keeping of horses. 2/21/67
\.
~S-3.13 Adding certain provisions to section 16 in relation to conditional
use. 2/1/67
qS-3.14 Amending Section 18.4 by adding requirements for written notice
of public hearings on zoning to contiguous owners. 8/16/67
!S-3.15 Providing for certain small animals as pets in residential districts 8/21/68
S-3.16 Amending Article 7, changing C-S Districts to C-V, providing new
and different uses and regulations therefor, and amending sections
1.6 and 10.5 (a). 8/21/68
S-3.17 Amending Article B in relation to minimum site area of minimum
r -stand-
access streetslots, and amending article 10 relating to fee ~
ing signs. ~ 2/19/69
3-3,18 Amending Article 16 in relation to data to be furnished on
application for use permit. 2~9/69
-3.19 Amending NS-3, by restricting uses in CN and CC Zoning Dists. 5/7/69
-3.2q Amending NSo3, adding article 22, and requiring all public utilities
to be installed underground in all zoning districts in city. 4/16/69
~-3.21 Amending NS-3, relating to denial without prejudice of change of
zoning applications, sign standards for multi-family dwellings, motels)
hotels, and lodging houses and additional design standards for res-
idential districts in the City. 7/16/69
CITY OF SARATOGA ORIGINAL ORDINANCES NS-3 SERIES
\
(Zoning Ordinance Amendments)
ORD. NO. DESCRIPTION DATE ADOPTED
NS-3.22 Amending Ordinance NS-3, the zoning ordinance by amending article
3 pertaining to accessory structures in rear yards in sipgle-family
residential districts 12/13/69
NS-3.23 ~nending Ordinance NS-3,' the zoning ordinance of the City of Saratoga,
by ame'hding secti6n 18.11 thereof relating to time limit extensions under~I~
reclassification 10/21/70
NS-3.24 Adding certain definitions, deleting multi-family uses, from P-A
Zones, Adding provisions for optional dedication of common greens in
P-C Zones, a P-C Zones, and expanding definition of trailers to include
campers. 4/1/70
NS-3.25 By ~limina.ting lodging houses as conditional uses in R-1 zones, and
amending certaih,~provisions relating to off-street parking facilities. 11/18/70
NS-3.26 By amending Article 3 in relation to maximum sign area for multi-family
dwellings, motels, hotels, or lodging houses.
NS-3.2~ By adding section 11.12 to' article 11 prohibiting use of Motor Vehicles
for advertising purposes. 1/20~71
NS-3.28 Ah Ordinance amending the Zoning Ordinance to authorize pick-up of
certain animals. 6/2/71 ~
NS-3.29 An Ordinance amending the zoning ordinance by modifying certain off- ~
street parking~requirements ,for offices 10/6/71 ~"~
NS-3.30 An Ordinance amending the zoning ordinance by amending section 1o4
thereof in relation to the property as to which said zoning ~'
ordinance is applicable 11/3/71
NS-3.31. An Ordinance of the City' of Saratoga Amending Ordinance NS-3, the ! 12/19/73
Zoning Ordinance, RegulatingITwo-Story and Other Multiple-Story
Residential Structures Re: Rea~ Yard Setbacks, Maximum Area Coverage,.
and Density of Said Multi-Story Structures within Areas
NS-3.32 An Ordinance of the City of Saratoga amending Ordinance NS-3, The Zoning 11/19/75
Ordinance,~y_'~.amending Section 1.5 and Article 15 [hereof relating to nun-
conforming' {~SeS' and structures, their definitions, continuation and
"' termination, and amending section 18.4 relating to Public Hearings~and
18.11 relating to conditibnal recrassification.
NS-3.33 An ordinance of the~City of Saratoga amending ordinance NS-3,the zoning 4/7/76
ordinance, by estab~i~shing a hillside conservation RESIDENTIAL zoning
district ci~ssification by adding Articl~ 3-A thereto
~S-3.34 An Ordinance amending Ordinance NS-3 of the City of Saratoga, the zoning 4/21/76
ordinance, by adding Article 23 thereto relating to temporary uses in
all zoing districts other than residential
~'2~'c31.~5-.~. ~gin:~e~' bY ~mending section' 7,2 tHer~'~f reiatin~ e~' p~i~it~ed uses ......
withinConanercial Districts.
NS-3.36 An Ordinance of the City of Saratoga amending Ordinance NS-3, the Zoning
Ordinance, by amending Sections 3.3 and 5.3 thereof to add Family Care 11-3-76
Homes as a 9onditional use in R1 and RM Zoning Districts.
CITY OF SARATOGA ORIGINAL ORDINANCES NS-3 SERIES
(ZONING ORDINANCE AMENDMENTS)
ORD. NO. DESCRIPTION DATE ADOPTED
NS-3.37 AN ORDINANCE OFTHE CITY OF SARATOGAAMENDING ORDINANCE 12/7/77
NS-3, THE ZONING ORDINANCE, BY REPtALING EXISTING ARTICLE
4 AND ADDING A NEW ARTICLE 4 RE PLANNED RESIDENTIAL
DEVELOPMENTS IN CERTAIN ZONING DISTRICTS AS CONDITIONAL
USES INANEAS GENERAL PLANNED PD
NS-3.38 AN ORDINANCE OF THE CITY OF SARATOGAAMENDING ORDINANCE 12/7/77
NS-3, THE ZONING ORDINANCE, BY PROVIDING FOR RECREATIONAL
(TENNIS) COURTS IN R-1 ZONING DISTRICTS AS PERMITTED USE,
PER MINIMUM SPECIFICATIONS, AND PROVIDING FOR SAME IN A,
HC-RD AND RM DISTRICTS AS CONDITIONAL USES
NS-3.39 AN ORDINANCE OF THE CITY OF SARATOGA AMENDING 2/1/78
ORDINANCE NS-3, THE ZONING ORDINANCE, BY MODIFYING
SECTIONS~i.5 AND 14.6 THEREOF IN RELATION TO THE
METHOD OF MEASURING'FRONT YARD SETBACKS IN CERTAIN
PRE-BUILT AREAS OF THE CITY SUBJECT TO THE. HOUSING
AND COMMUNITY DEVELOPMENT ACT OF 1974. ~
NS-_3.40 AN ORDINANCE OF THE CITY OF SARATOGA PROPOSED BY 12/7/77
THE INITIATIVE PROCESS (ELECTIONS CODE SECTIONS 4000-
4021) AF~NDING THE ZONING ORDINANCE BY PROHIBITING
STADIUMS
NS-3.40-1 -'~N~ ~ 'CITY OF SARATOGA AMENDING ORDINANCE NO. ~ 5/3/78
NS-3.40,' AN ORDINANCE OF THE CITY OF SARATOGA PROPOSED BY THE
INITIATIVE PROCESS, BY ADDING NON-CONTEXT PROVISIONS AS
CONTAINED IN INITIAL PETITION
~ NS-3.41 AN ORDINANCE OF THE CITY OF SARATOGA AMENDING SECTION 7.2(b)(1) 7/5/78
AND SECTION 7.2 (c) OF NS-3 BY DELETING REAL ESTATE OFFICES AND
FINANCIAL INSTITUTIONS (TO INCLUDE BANKS, SAVINGS AND LOANS)
FROM "C-C' AND"C-I~' DISTRICTS AS AN ALLOWED USE, AND ALLOWING
SAID USES IN A "q-_CT' AND "C-W' DISTRICT AS A CONDITIONAL USE,
SUBJECT TO THE PROVISIONS OF ARTICLE 16 OF THE SARATOGA MUNI-
CIPAL CODE
'.NS-3 Z~7!~ ~AN ORDINANCE OF THE CITY OF SARATOGA AMENDING SECTION 10/4/78
18.13 OF NS-3 BY DELETING R-I-40,000 AND ADDING HC-RD
FOR ALL LANDS ANNEXED TO THE CITY OF SARATOGA
NS-3-43 AN ORDINANCE AMENDING ORDINANCE NS-3, THE ZONING 5/2/79
ORDINANCE, BY AMENDING THE ZONING MAP
NS-3.44 AN ORDINANCE OF THE CITY OF SARATOGA AMENDING 11/19/80
ORDINANCE NS-3, THE ZONING ORDINANCE, BY PROVIDING
FOR OPEN HOUSE SIGNS IN RESIDENTIAL ZONING DISTRICTS
! (See NS 3.48, Z2/2/8l)
NS-3.45 AN ORDINANCE OF THE CITY OF SARATOGA AMENDING 11/5780
ORDINANCE NS-3, THE ZONING ORDINANCE, BY PROVIDING
FOR RECREATIONAL (TENNIS) COURTS IN R?I ZONING
DISTRICTS AS PERMITTED USE, PER MINIMUM SPECIFICATIONS,
AND PROVIDING FOR SAME IN "A," "HC-RD" AND "IRM" DISTRICTS
AS CONDITIONAL USES
NS-3.46 AI~EI,DING ORDINANC~ NS-3, ~ ZONING ORDINANCE, BY PREZONING THE 10ZI/80
AREA ~NLY KNCX4q AS SUNLAND PARK TO R-1-10,000
NS-3.47 i~N ORDINANCE OF THE CITY OF SARATOGA REQUIRING DF~I~q REVIEW OF 7/15/81
PROPOSED ONE-FAMILY RESIDENTIAL STRUCTURES AND MAJOR ADDITIONS
THERETO, AND ESTABLISHING STANDARDS FOR THE APPROVAL THEREOF
[TY OF SARATOGA ORIGINAL ORDINANCES NS-3 SERIES
(ZONING ORDINANCE AMENDMENTS)
DATE
~0. ADOPTED
NS-3.48 BY PROVIDING FOR OPEN ROU%SIGNS IN RESIDENTIAL DISTRICTS 12/2/81
(extends NS 3.44t for two years)
NS3.49 ESTABLISHING A NORTHWEST HILLSIDES RESIDENTIAL ,(~HR) DISTRICT BY 4/27/82
ADDING ARTICLE 3B TO T~E ZONING ORDINANCE,
ORDINANCE NO. NS-3
THE DENSITY.OF POPUlATION, THE.LOCATIONS AND USES OF STRUCTURES~[THE
AREAS AND.DIMENSIONS.OF. SITES AND THE APPEARANCE OF CERTAIN USES AND
STRUCTURES;.REQUIRING THE PROVISION OF OFF-STREET PARKING AND OFF-STREET
LOADING FACILITIES: PROVIDING FOR THE ADMINISTRATION AND ENFORCEMENT OF
THE REGULATION AND PRESCRIBING PENALTIES FOR THE VIOLATION THEREOF: AND
PROVIDING FOR THE AMENDMENT OF THE DISTRICT BOUNDARIES AND REGULATIONS.
ARTICLE 1 GENERAL
Section 1.1 OBJECTIVES OF~THE ZONING ORDINANCE.
The zoning ordinance is adopted to~protect andfro promote the public
health, safety, peace, comfort,.convenience, prosperity,and general welfare.
More specifical~y, rthe zoning.ordinance.is adopted.in order.to achieve the
following objectives.:
a. To provide a precise guide for the physical development of the city..
in such a manner as to preserve it as essentially a residential conm~un-
ity with a.r4ral atmosphere, and to achieve progress.ively the arrange-
ment of.land uses depicted in the General plan adopted,by-the qity
Council .......... .L. ~
b. To foster a harmonious,,convenient, workable relationship among land
c. To promote-the stability of existing land uses which conform with the
General Plan, and'to protect them from inharmonious,influences and ,..
harmful intrusions.
d. To ensure that public and private lands ultimately are used for the
purposes which are most appropriate and most beneficial from the
standpoint of the city as a whole. .' ,, z ..= .-=-. '!
e. To~prevent population_densities.in excess of those,prescribed.in the
Genera[~Pla~ and' to=maintain a-suitable balance.between structures
f. To facilitate the appropriate location of community facilities and in-
g. To prO~ote.a safe, effective traffic circulation system.
h. To foster the provision of adequate off-street parking and truck-
loading facilities.
i.To facilitate. orderly, attracti~eldevelopment of commercial fac'ilities
intended p.rimarily to serve residents~of the city. ~ ..
j.To exclude new industrial development in order to.preserve the essential
residential character of the city. ,. . .'
k. To preserve the natural beauty of the city's site.
1. To ensure that uses and str. uctures enhance their sites and harmonize
with improvements in the surrounding area
m. To protect and!enhance real propert~ values within the city.
SECTION 1.2 NATURE OF THE ZONING ORDINANCE . ~
The zoning ordinance shall consistof.a~zoning map designating certain_
districts and az~set of.regulations controlling the.uses of.land, the density
of population, ~h.e uses and'locations of_structures, the.height and bulktof
structures, the open spaces about structures, the.appearance-oEz~certain~uses
and structures, the areas and dimensions of sites, and requiring the pro-
vision of off-street parking and off-loading facilities.
SECTION 1.3: INTERPRETensION.._.,...' ,-~
In their'interpretation and applica the provisions of this['ordinance
shall be held to be-mfnimumjrequire~ents.._ No.provision of this ordinance
~s~%ntended. to+repea~nabrogate, annul, impair or interfere with any existing
~d"n~nce of the City of. Saratgga:.e~,[cept as islspecifically'repealed~herein,
pro~i~ed that where this ordinance ~Fmposes a greater restriction on the
u~e~of land or structures or the height or.bulk of-structures,~or,~equires
g~eat~r open spac~s~about structure~ or greater areas or dimensions of
sites~, than imposed or required by an existing ordinance~ this ordinancei
shall' control.
Thi~ fordinance is not intended to abrogate, annul, impair or interfere with
a~y easement, deed restriction, co t or
yenan other agreement between
p~rties, provided that where this rd nance imposes a greater restriction
on the use of land or structures or/requires~greater open spaces about
aao
s~tructures or greater re sl r~dimensionsiof=sites thanlis imposed~ortre-
q~ir~d by easement, deed r t · t '~covenant or;other agreement,,this
ojrdipance shall control. ! · ,I
SECTION 1.4 APPBICATION=,= ~ "-= ,:~_, z .t, u~L - ~ . ~ .
isordinance shall apply to all tropetry except public streets, rail'road
~igh[s of ways, underground utility lines=and.facilities~ and-single electric
~ower and telephone poles and primary distribution lines not includin8
qther transmission lines, whether owned by private persons, flrms~ cor-
porations-or organizations; by!theIUnited States £of~America-orLany ofz~its
agencies; by the State of California or any of its agencies or political.sub-
~iVfsions; by any city or county, including the City of Saratoga or any
if ~he StateioflCa~ifornia.~'~i-r:i~,I ~r ~i ~iLt r~!i,'!~'~ '.z~ ~'~ l~
, or the purposes of-this ordinance, certain words.and terms used herein:-.
iareconstrued and defined as follc,ws:
;aj ~All words.in',the'present tense~ shall include the future tense.. Allewords
~ 'in the singular number sha~l.'include~the pluralsnumber; and all-words'~
! in the plural number shall include the singular number, unless the~
natural construction of the w d~ indicates
or ng otherwise.
'b~. The word "shall" is mandatory and not directory. '-
"tit"
e. The word y shall mean th. City-of Saratoga, Santa Clara County.~
California.
d. The words "City Council" and "Council" shall mean the City Council
The! words "City. Planning Conmnission" and
of the City of Saratoga. ,
~ "Commission"~shalltmean-the Planning<Commission-duly'appointedqby ,
the City Council. The words/'!city Enginee~'!Lshail mean .the City
g'neer of the City of Saratoga. The w6rds "Secretary of the
~ En i
~ Planning Commission":shall mean!the Secretary~of.the Planning. Com-
mission of the ' y Saratc~ga. The wor.ds ,,zoning Adminisfrator,
Clt of
: shall mean the zoning Administrator of the City of Saratoga.
e. ALLEY - A public way permane~ tly reserved primarily for vehicular
service access to the rear or side of~properties otherwise abutting on
f. ALTER - To make a change whi h will.prolongtthe life of 'the support-~
ing members of a structure, s h as bearing walls columns, beams
~g~ 0 e%propertiesabutting on one side of a street and lying
between'the-2~nearest intersecting or~intercepting streets, or nearest
't i!
intersecting or in ercept n8 stree~ and railroadiright of way, unsub-
C~di~idedaland~ror~watercourse. i
h. BREEZEWAY - A structure for the.principal purpose of connecting~ ~
the main structure on a site with another main structure or an acces-
sory structure on the same site. A breezeway shall not exceed 14 feet in
height, and np more than 50 per cent of the sides of the struqture' _
shall be enclosed with any material other than that necessary for
roof supp '
i. BUILDING - Any structure having a.roof supported by columns or ~
walls, for the hQUsing or enclosure of.p~rsons,.a~imats orlchatte~s or
property of any.kind. ~ _
j. COMMERCIAL EXCAVATION.NATURAL-MATERIALSI~. Any act by which.earthj dirt,
sand, gravel, clay, loam, =aggregate, rock, minerals or other similar
materials or combinations thereof, which the land contains or of which
the land isjcomposed,-is cut into, dug, quarried, uncovered, removed,
bulldozed.or.-excavated,,including the handl~ng.-and/or processing of
such materials on the site from which excavated and which materials
are excavated and/or.processed for sale..orLother commercial purposes.
k. DEPTH - ~e horizontal distance between the front and rear property
lines of a site measured a!ong a.l~ne midway between the side property
lines.
1. DRIVFWAY - A private road, the use of which is limited to persons
residing or working on the site and their ~Dv~tees,. licensees and
busiDess visit0rs,~which pr0Vide~ access ~o off-street parking or
loading facilities.
m. DWELLING - A. one-family, dwe~ling, mul~i-f~mi~y dwelling or lodging
house. For purposes of this definition, au~9mobile trailers, hotels,
motels, labor c~mps~ tents,,railroad'cars apd temporary structures
shall not be deemed dwellings .... .
n. DWELLING UNIT ~ one orLmore rooms and.a single kitchen, 'designed
for occUpancy. by one fam~-y. for l~ving an~sleeping purposes.-
o. FAMILY -:.An=~ndividual or;2 or more?persgns related,by, blood or'
marriage~ or a grQup of.not,more ~han 5persons, not-including serv7
ants, who-n~ed~no~. be. related,-by-blood- or marriage, living..as a single
housekeeping unit. -. . ~ '. r -
p. FLOOR AREA, GROSS - The total horizontal area in square feet on gach
floor w~thin the exterior wa~ls of a Structure but not, including the
area of innerTcourts, shaft enclosures,or. e_xteriorwalls.
q. ERONTAGE - The prope~ty.~line~ of a s_ite-abptting on a street, other
than the side line of a corner lot. On a corner lot, either property
line abutting .~on a-S~reet. may, ~e ~emed - thet~rontage. ' '~ ~
r. GARAGE OR~CARPORT =.An!accessory,lstrpcture qr a portion Of a .main ,.
structure, hav.ing, a. permanen~..roof,~.and, _desi. gned for the storage of
motor vehicles.
s. GARAGE, REPAIR -.A struc_ture 9r,p.a_rt t~ereg_f where mgtor-yehic~es
are repair~ed or paint_ed. , ~ ~ '-- rl . .!
t. GARAGE,. STORAGE - A s_truc~ure~-or. part thereof. used for the storage,
parking Qr! servicing of.motor.~vehicles hut,not for the repair there.of.
u. HOME OCGUPi~I6N - The condu~t gf an art or profession, ~he offering
of a service or the conduct of ~. business, or handcr.aft manu. facture _
of products ip aidwelling,. ~., '¢ .... ' *--. ,' ?~' ~. t~
v. HOTEL - ~See motel. )
w. .LdDGING HOUSE - A dwelling in whLch lodging or lodging and meals
la~e provided for compensation foff not more than 15 persons other
.than members of~the resident fam Lly,- excepting~a nUrsing.home as~
]d~fined in this-section.
x~ iLOT - A~ite ~ ~ t=.
y. ~LOT, CORRIDOR - A site with access to a street by means of a corridor
~h~ving not less than 20 feet oilfrontage and a width less than the
i required site width but not-les~ than 20 feet. · The length 'of a~orri-
r d'orshall be measured frOm;the f~ontageL.line to the nearastipointLof
~ intersection with that property line parallel or most nearly parallel
! to the frontage line. The area of an access corridor shall not be in-
i clude 'n det rmining the site area-of a corridor lot and shall be
· di e
deemed to include all area withan 50 feet 0f-the frontage line;
z!. L T,. ORNERI- -" e bounded-byl2 or more adjacent street lines
O C A sit -
which have an angle of intersection of not more thenil35 degrees.
I LoT,-DOUBLE FRONTAGE An*interior 'lot having frontage on 2 ~arallel:
~ Or approximately parallel str t
LOT,-iNTERIO~=- A-lot~other t[an a corner lot. --
qc. LOT, KEY - The first interior lot to the rear of a reversed corner lot.
LOT, KEVERSED~CORN R .A!corne lot the side line of which-is sub-
.stantially a continuation of the front property line of t~e first lot
ee. MOTEL OR HOTEL~- A strdcture or portion=thereof or a group of - -
attached or detached structures containing-individhal guest-rooms,
suites or 'dwelling units,-wher~ lodging is provided primarily to
MUL 1-FAMILY D ELI ~-- A s z: cure co taining-more than one dwel. ling.
T ~ L N t u t n
unit, designed fo~ occupancy/or occupied by-more thah one family.
,gg. NON-CONFORMING STRUCTURE --A struhture~whidh was lawfully erected ~
i p 'or to the adoption of.this-ordinance b~twhich, under. this ,?.r
o f r
ordinance~ does not.c n o m with the standards of-coverage,.yard
spaces, height of structures/or distances between structures prescribed
in the regulations for the district in which the structure is located.
7hh. NON-CONFORMING USE - A use~of a structure or lahd which was lawfully
% a d
] establ shed and.saint ine prior to-the adoption~Of ~thistordinance
u h ch, under this ordinance, does not conform with the use
NURSERY SCHOOL A s o 1 f 5
- ch o or~-' orbmore pre~elementary school age
children, or use of a site or portion of a site for a group day-care
program for 5 or more-children~other~than~'those resident on the sit~,
jj. SIG HOME A structure cperated as a lodging house in which
nursing,ldiet~ryLand.other tlerSonal s~rvites'are rendered to.convali'
escents, invalids or aged p~rsons not including persons suffering fromL'
contagious or mental diseases, alcoholism or drug addiction, and in
which Surgery is nOt-perfomned~!~pd-~rim~y~treatment, such-as cus-~
tomarily isrgiv&n in hospitals and sanitarihms, iS not provided...A -
convalescent home or rest home shall be deemed a nursing home.
k~. OFF. STREET~ LOADING FACILITIES ~ A-site or ~ portion of a site
devoted to the loading or unloading of motor vehicles or trailers, '
including loading berths, ai 1 access drives and landscaped areas.
ii~. OFF-STREET PARKING FACILITI,ES - A site or portion of a site devoted
to the off-street parking o~f motor vehicles, including parking
spaces, aisles, access dri~s and landscaped areas.
mm. OUTDOOR ADVERTISING STRUCTURE - A structure of any kind or character
erected'or.maintained for outdoor advertising purposes, upon which
any outdoor advertising,sign may be plac~d,' located on a site other
than the.site.on whiQh the advertising use is located or on which
the advertised product. is produced. ~.
nn. RAILROAD RIGHT OF WAY - A strip of land on which railroad tracks,'
switching equipment.and signals are located,.but not including
lands on which stations,- offices~ storage buildings, spur tracks, sig-
ings, yards or other uses are 1Qcated.
oo. SERVICE STATION - A place.where gasoline or any other motor fuel, lubricat-
ing oil or g~ease for the operation of passenger Vehicles.is offered
for sale'to the public_and deliveries areLmade directly.into the'
vehicles, including lubrication on the site and the.washing of auto-
mobiles where nOtchain COnveyor, blower or steam cleaning device'
is used.
pp. SIGN - Any lettering or symbol made .of cloth, metal,' paint, =paper,
wood or other material of any kind whatsoever placed for advertising,
identification or other.purposes on the ground or on any bush, tree,
rock~.yall, post, fence, building, structure, vehicle or on any place
whatsoever. The term~"p~aced" shall include'constructing, erecting,
posting, painting, printing, tacking, nailing, gluing, sticking, carving
or otherwise fastening, affixing or-making visible in anT manner
whatsoever.
qq. SIGN AREA - The area of a sign having an integral part of a build-
ing as its background shall be the_area within the shortest line drawn
to includetall l~tters, designs, and tubing which are a part of the~
sign. The area of all other. signs sha~l be.the largest cross-seqtional
area of the sign measured to a line encompassing all portions of the
§ign including background and tubing-but excluding supporting posts
without attached lighting. ~Im.computing=the~area,of a double face
sign, only one face of the sign shall be included-provided that the two
faces shall be approximately parallel and not more than 2 feet apart
at any point. ~.',.L" .. -I- ~i. = v.
rr. SINGLE OWNERSHIP - Holding record t~t%e, or poSsessio~ under'a
contract to purchase, or possession under a lease the term of which
is not l~ss[than. 10 years,iLby.a person, zfi-rm,.corporation.-or partner-
ship, ind!v~dual!y,.-jointly, in eqrfanon,!~or in any other mann@r.whereby
the property'~S or-will be unde~ unitary or unified control.
ss. SITE - A parcel of land, subdivided or unsubdivided, occupied or to
be occupied by:a=use or.structure.. .. - -
tt. SITE AREA = The-to;tel horizontal area inclqded within the property_
lines of a site, in.single-ownership, including ~area;subject to e~se-
ments but not including private streets or Other r~ghts of way over
which the public has~a right o~ access and pot including area within
the precise plan line of a future street. ..
uu. STABLE - A structure acceSsory.to a dwelling, used or designe~ to
be used to shelter horses belonging to the occupants of the dwelling
and not available for hire, including a corral or paddock.
vv~ STREET - A "street" is any thoroughfare for motor vehicle travel
which affords the principal means of access to abutting property,
including public and private rights of way and easements.
ww. STREET, PRIVATE - A "private Street" is a street in private owner-
ship, not dedicated as a public street and not an alley, which
affords the principal means of access to one or more lots which do
not have frontage on a public street.
xx'. .STREET,-.PUBLIC~- A-"publicstre~t"'lis a street owned'and m~intaiHed
by the City,=the .County, or ,-State,'~inctuding-streets offered
for dedication to the.City,which have been improved oz'-forwhich
~ bonded improvement-agreement',is _in effect to improve the-same;
e i .
y~. ~TRUCTURE.~ Anything constructed *or erected which-requires. a~location
on' the :ground,~including a-buil!ding but notLincluding-a-swimming~
! pool, a fence or a wall used aa~ a-fencej ==- " --- : ..
~ detac[ed,
zz.. STRUCTURE, ACCESSORY.- A subordinate=structure o~-a~subordi-
nate=structure attached-toa.maxnSt~Uctu~e bya breezeway,..the use
~f which iscap~ropriate,-SubOrdinateand cUstomarily-incidental:to
[hat. o~ ,the main-structu~e-.or .the '-maineuse o~ ~he. laud and .which ~is .-
~ ~ocated~onthe,sameisite.With~he'.Imain structure or.-use~ .... =~=.-
aaa. STRUCTURE, MAIN - A structure t~ousing the principal use of a site
~. ~r functioning as~theprincipa~-use.- z~ , ..... ~ ..... ~. ... ~
bbb. ~UBDIVISION SIGN-- Any-sign loza~ed e'ther~on,or~off~a-subdivisi6n
~ tract,which indicates-the dx o
~ existence~Or sate-of=a d · n any home,.'lotLor part ~hereof..'
_..u [SWIMMING~POOL .A p~oI, ,-pond, !lake o~open-.tank capabte~oB contafn-j
; ring water to a depth greater t~an one and one-half feet at any~.=~ -
~ 7point, the primary use of whic~h is swimming or wading.
dd~.~ 7USE :,-The,,purpose,for=which a ;i~e:br~str~cture is,arranged,. designed,
~ .intended~cohStructed,-erecte~, moved, altered orenla~ged-or=for
~ which either,~a site or.;a=structure is or'ma~z-be~Occupied-or,-maintained.
eel.' ]USE, ACCESSORYL~ use which.is-.appropriate, subordinate and-custom-
~ !arily-incidental to the'mai~ u'se.df the site and which iS.lOcated
~ 'on the same site-aS~the~main use~ ..... ~ - ~ _-
ff'f. .WIDTH - The horizontal distanc between the side property lines
~site measured at right angles to the depth at a point midway between
~4 ~the front-a~d-rear prope~y lines.-- ,=z z= - ,.% .
g~g. iYARD=- An o~n-spac~ onethe ~ame=site'aas-a .structure~-unoccupied ·
and~unobst=~dcted:from the gro ~nd upward, including.a =front yard,-
iside yard, ~eaf,yard~-.or space between ~'tructures,-measu~ed~ih~ad~ord
with Section 14.6 hereof.
hhh! YARD, FRONT - A yard extending across°the fu~l width.of a site,..the~ -
depth of which is the minimum horizontal distance between the front
propert~-lf~e, aor the precise ,streetL~lan line~ or.~he .line established
by-the-Planhing CommiSsion-upon an:e is ing~or-proposed=site bo~=
dering.a public street which iine iduthe~opinionoE-the.-Planning·
Commission. W~ll be-the. future-p~opOsed precise stree~ plan line Where
such precise plan line is not ye~-estaSli'shed~- (Whicheve~ is-appLi'cable),
lletl
and a line para le th re o oa the site at the closest front building
. !of which is th~ min'i~um' ~o~iz~,n~ai ai~t~nCe between' the' rear p~pe~ty line
!. land a line parallel thereto onf the site, at'the closest rear building line.
'YARD, SIDE ~a~ ~xtend
~yard, or the {font property lithe o~ the site where'no {font yard is
,required, to ~he {font line. ofi the re~F~ r~r y~rd, o~h~..~aF:
fproper~' ll~e'o~'th~ ~ite*~re'n~' rear yard is required, ~b~' depth O~
which is the x ._ _
m nlmum. horxzontal dis~ce between~ the side ~roperty-iine
land a I. ~'pRrali~l ~e're~o ~r['the Si.~e-at'~he ci~sest'
hn ..... ,. _
~line.
SECTION 1.6 DISTRICTS
The districts established by the znning ordinance shall be as follows:
A AGRICULTURE DISTRICT
A Agricultural District, S acres minimum site area
R-1 ONE-FAMILY RESIDENTIAL DISTRICTS
R~l-40,000 One-family residential district, 40,000 square feet minimum
site area.
R-i-20,000 One-family residential district, 20,000 square.feet minimum
site area.
R-l-15,000 One-family residential district, 15,000 square feet minimum
site area.
R-1-12,500 One-family residential district, 12,500 square feet minimum
site area.
R-I-IO,000 One-family residential district, 10,000 square feet minimum
site area.
P-D PLANNED UNIT DEVELOPMENT DISTRICT
One-family r~sidential district - planned unit development
R-M MULTI-FAMILY RESIDENTIAL DISTRICTS
R-M-S,000 5,000 square feet per dwelling unit.
R~M-4,000 4,000 square feet per dwelling unit.
R-M-S,000 3,000 square feet per dwelling unit.
R-M-4,000x 4,6OO square feet per dwelling unit.
P-A PROFESSIONAL AND ADMINISTRATIVE OFFICE DISTRICT
C CO~{MERCIAL DISTRICTS
C-N Neighborhood commercial.
Community commercial.
C-S Commercial service.
P PARKING DISTRICT
M LIMII~D INDUSTRIAL DISTRICT
Section 1.7 DISTRICT BOUNDARIES
Wherever any uncertainty exists as to the boundary of a district as shown
on the zoning HaD, the following regulations shall control:
a. Where a boundary line is indicated as following a!;street or alley, ~it
shall be construed as following the right of way line thereof.
b. Where a boundary line follows or coincides approximately with a lot'
line or a property ownership line, it shall be construed as following
the lot line or property ownership line.
c. Where a boundary line is not indicated as following a street or alley
and does not follow or coincide approximately with a lot line or prop-
erty ownership line, the boundary line Shall be determined by the use
of the scale designated on the zoning map.
d. Where further uncertainty exists, the City Planning Commission,
upon written application or on its own motion, shall determine the '
location of the boundary in questinn, giving due consideration to the
location indicated on th~ zoning map apd the objectives of the zoning
ordinance and the purposes set forth in the district regulations.
SECTION 1.8 ADOPTION OF ZONI4G MAP
~ap referred to in '
Th~ Zoning Section 1.2, original of which iS attached
hereto and duplicate originals of which are on file with the City-clerk
and certified as being the ma]~ adopted herein, and which map is entitled
"Zoning Nap ~ City of SaratogaS" is hereby incorporated heroin by reference
and the designation, location!~, and boundaries of the districts ~re as_
therein set forth, subject to~the provisions of Section 1.7 hereof. All
territory w~thin the limits-of the City of Saratoga ~s hereby classified
into the districtsa~ se~ forl~h on said map.
~SECTION 1.9 ~HANGE OF ZONING MAP ' , ' '
· dlstr~ct bou or
FAll changes' ' ' ridaries reclassification of territory'from one
distr~ct to another shall be t~y Ordinance adopted in accord ~ith Article
~18 hereof, which ordinance shahll be its terms amehd the Zonin~IMa~ by
adoption of a sectional district.map. The change '0r'r~classification shall
'be Iso indicated on the ~Zoni~g Map, with a notation of ~he date.and ~umber
validity of such change or reclassification.
~ARTICLE 2 A AGRICULTURAL DISTRICT
'SECTION 2.1 PURPOSES ' '
~In addition to'the obj'~ctives )rescribed in Section 1.1!, the A agricultural
.district is included 'in th~ zoning 6rdinance to achieve the follD~iffg
purposes.
a. To reserve for exclusive a ricultural use appropriately located areas
which are suitable for ra~sxng crops.
ib. To ensure adequate light, air and privacy for each dwelling unit'.
.c. To prevent premature devel. pment ofc'ertai~ 'l:ands which eventuarly
Will be appropriate for urban uses until the installation of streets,
fa lt~ orderly development possible.
utilities and community . ~il' 'es makes
SECTION 2.2 PEP~ITT~D USES
Raising of field crops, f~dt and nut treeS, vegetables, horticultural
specialties and timber.
b.Processing of products pro,~u'ced on the premises.
One-family dwellings.
d.Home occupations, conducted in accord with the regulations prescribed
in Article 12o
e. Incidental and accessory s~.roctures and uses l~cat~d on the same site
with a permitted use inclu~'ting barns, stables,. coops and other farm
outbui.ldings; private gara~es and ~arports; one gUeSt ~o~se or acces-
'- sory~living quarters without a kitchen for each residence on the site;
storehouses, garden strhctt~res, greenhouses, recreatio~ rooms and
hobby shops.· '
f. Private stab es ~or the keepin~ of t o'(2) rses on a site not less
I w ho
~ than ~ (2) acres ~n a~ea,! proviHed that one additional horse may be
kept for.each additional a~!re of area of the site, except as p~ovided
~ under'Article 2, ~ection 2.!3 (~) Conditional Uses, and provided that no
i! stable shall be located cl6ser than SO feet to any property line, closer
than SO feet to any dwelling on the site or closer than 100 feet to any
i~ other dwelling.
g. Switching pools used solely by persons resident on the site and their
guests, provided that no swimming pool or accessory mechanical
equipment shall be located in a required front yard or in a required
side yard or less than 6 f66t from property line.
SECTION 2.3 CONDITIONAL USES
The following conditional uses shall be permitted upon the granting of a
use permit, in accord with the provisions of Article 16.
a. Community facilities and institutions including publi~ and parochial
elementary school, junio~ high schools, high schools and colleges;
nursery schools; private non-profit schools and colleges, not includ-
ing art, craft, music or dancing schools or business, professional or
trade schools and colleges; public playgrounds, parks, community
centers, libraries, museums, art galleries, police and fire stations
and other public buildings, structures and f~cilities; churches,
parsonages, parish houses, monasteries, convents and other'religious in-
stitutions; public and private charitable institutions, hospitals,
sanitariums and nursing homes, not including hospitals, sanitariums
or nursing homes for mental or drug addict or liquor addict cases;
private non-commercial clubs and lodges; golf courses.
b. Pub lic utility and public service pumping stations, power stations,
drainage ways and structures, storage tanks and transmissidn lines
found by the City Planning Commission to be necessary for the public
health, safety or welfare.
c. Lodging houses, in which not more than 3 paying guests may be
lodged or boarded.
d. Accessory structures and uses located on the same site as a condi'tional
use.
e. Private stables for the keeping of one (1) horse on a site'not less than
one (1) acres in area, but not more than two (~) acres in area, and
provided that no stable shall be located closer than SO feet to any
property line, closer than 50 feet to any dwelling on the'site or closer
than 100 feet to any other dwelling.
SECTION 2.4 FENCES, WALLS AND tIEDUES
When located on a site abutting on or across a street or alley from an R
district, an operation not conducted within a completely enclosed structure,
or open storage of produce, materials or equipment shall be'Screened by a
solid fence or wall, vine-covered fence or compact evergreen hedge not
less than 7 feet in height if found by the Planning Commission 'to be
unsightly.
SECTION 2.5 REQUIRED CONDITIONS
:
No use shall be permitted and no process, equipment or materials shall
be used which is ~ound by the City Planning Commission to be objectionable
to persons living or working in the vicinity or injurious to property or
crops in the vicinity by reason of odor, fumes, dust, smoke, cinders, dirt,
refuse, water-carried wastes, noise, vibration, illumination, glare or
un~ightliness or to involve any hazard of fire or explosion.
SECTION 2.6 SITE AREA: SITE AREA PER DWELLING UNIT: FRONTAGE, WIDTH AND DEPTH OF SITE
The minimum site area shall be 5 acres, subject to the exception that a conditional
use prescribed in Section 2.3 may be located on a site of not less thah one
acre .~!ae__dY~hat the area of the site is specifically approved by the City
Planning Commission in granting the use permit. Each site 'shall have not
less than 2.5 acres for each dwelling unit located on the site.
Each site shall have not less than 100 feet of frontage on a public street.
The minimum site width shall be 150 feet.
The minimum site depth.shall 5e 150 feet.
~SECTION 2.7 COVERAGEs FRONT YARD, SIDE YARDS, REAR YARD '.
~The maximum site ar~a covered by structures shall be 20 per cent.
d h 1 feet rovxded
~The minimum front ~ar s al be 30 s P ' that the distance from
~the centerline of a ubl to rear
p ic stz[eet the of the required ~ront yard
'shall not be .less than
~" be
~The minimum side'yard shall 20 feet.
The minimum rear yard shall be S0 feet.
SECTION 2.8' HEIGHT OF STRUCTURES
'No structure shall ex6eed 30Jeer inh height.
[. SECTION 2.9 DISTANCES 8ETWEE .STRUCTURES'
Wh~re there ~is more than one tructure on a site,.the minimum distance
u ion
ibe~ween a structure used for ~ man.habxtat and another structure shall
:be 20 feet. The minimum d ce between structure used £or human
1stab a
'habitation and'a tru h
s cture ous ng livestock shall be 50 feet.
SECTION 2o10 SIGNS
~No siSrim outdoor advertising ~tructure or display of any character shall
~be permitted, except as prescribed in Arti61e 10L
.SECTION 2.11 OFF-STREET PARKING AND LOADING FACILITIES
iOff-street parking facilities and off-street loading.facilities shall
!provided on the site of each use as prescribed in Article 11.
SECTION 2.12 DESIGN REVIEW
.Conditional uses shall be sub'cot-to design review as prescribed in
IArticle 13.
.SECTION 2013 GENERAL PROVISIONS 'AND EXCEPTIONS
~All uses shall be sub)ect to 1!he general provisions dnd exceptfons
iprescribed in Article 14.
!ARTICLE 3 'R-I ONE-FAMILY RESIDENTIAL DISTRICTS-
!SECTION 3..1 PURPOSES Prescribed
In addition to the ob)ectives in Section 1.1, the R-'I one-family
residential districts are included in the zoning ordinance to achieve the
following purposes:
a. To reserve appropriately ]iocated areas for family living at a reasonable
.range of population densities consistent with ~ound standards of.public
health and safety. air~' .. -.
zb. To ensu/e adequate light, pr'ivacy and open space for each'
dwelling.'
~c.To protect one-family dwellings from the congestion and lac~ of
privacy associated with multi-family dwellings.
I
~,,~ ,4 ~e~ To provide space for community-facilities needed to complement
]~e~ ~o'c[ residential areas and for!institutions whichi~require a residential
'. ~'~ . bles for the kteping o~ one T(l) horse on a sit~ not less than
3 2 a 40,000 square feet in area but not more than 80,000 square feet in
areas provided that no s able shall be located closer than 50 feet
t~
to any property line~ clobber. than 50 feet to any d~elling on the site,
or closer than 100 feet t6 any other '
Article 3. R-1 One-Family Resi-
dential Districts.
Sec. 3.1. Purposes.
In addition to the objectives prescribed in section 1.1, the R-1 one-family
residential districts are included in the zoning ordinance to achieve the following
purposes:
a. To reserve appropriately located areas for family living at a reasonable
range of population densities consistent with sound standards of public health and
safety.
b. To ensure adequate light, air, privacy and open space for each dwelling.
c. To protect one-family dwellings from the congestion and lack of privacy
associated with multi-family dwellings.
d. To provide space for community facilities needed to complement residen-
tial areas and for institutions which require a residential environment.
e. To minimize traffic congestion and to avoid the overloading of utilities
by preventing the construction of buildings of excessive size in relation to the
land around them.
f. To provide necessary space for off~street parking of automobiles and,
where appropriate, for off-street loading of trucks.
g. To protect residential properties from the hazards, noise and congestion
created by commercial and industrial traffic.
h. To protect residential properties from noise, illumination, unsightliness,
odors, dust, dirt, smoke, vibration, heat, glare and other objectionable influences.
i. To protect residential properties from fire, explosion, noxious fumes
and other hazards.
See. 3.2. ' Permitted uses.
a. One-family dwellings.
b. Raising of fruit and nut trees, vegetables and horticultural specialties
not including nurseries. greenhouses, or storage of landscaping equipment,
products or supplies for commercial uses.
c. Home occupations conducted in accord with the regulations prescribed in
article 12.
d. Accessory structures located on the same site with a permitted use, in-
cluding private garages and carports, one. guest house or accessory living quarters
without a kitchen, storehouses, garden ~truc~u~e$, greenhouses, recreation rooms
and hobby shops.
e. Private stables for the keeping of two horses on a site not less than
eighty thousand square feet in area; provided, that one additional horse may be
kept for each additional forty thousand square feet of area of the site, except
as provided under article 3, section 3.3 (e), conditional uses, and provided
that no stable shall be located closer than fifty feet to any property line, closer
than fifty feet to any dwelling on the site or closer than one handred feet to any
other dwelling.
f. Swimming pools used solely by persons resident on the site and their
guests; provided, that no swimming pool or accessory mechanical equipment
shall be located in a required front yard or in a required side yard or less than
six feet from a property line.
Sec. 3.3. Conditional uses.
The following conditional uses shall be permitted upon the granting of a use
permit, in accord with ~he provisions of article 16.
a. Community facilities and institutions including public and parochial
elementary schools, junior high schools, high schools and colleges; nursery
schools; private nonprofit schools and colleges, not including art, 'craft, music
or dancing schools or business, professional or trade schools and colleges;
public playgrounds, parks, community centers, libraries, museums, art gal-
leries, police and fire stations and other public buildings, structures and faci-
lities; churches, parsonages, parish houses, monasteries, convents and
other religious institutions; public and private charitable institutions; hospitals,
sanitariums and nursing homes, not including hospitals, sanitariums or nursing
homes for mental or drug addict or liquor addict eases; private noncommercial
clubs and lodges; golf courses.
b. Public utility and public service pumping stations, power stations,
drainage ways and structures, storage tanks and transmission lines found by the
city planning commission to be necessary for the' public health, safety or welfare.
c. Lodginghouses, in which not more than three paying guests may be lodged
or boarded.
use. d. Accessory structures and uses located on the same site as a conditional
e. Private stables for the keeping of one horse on a site not less than forty
thousand square feet in area but not more than eighty thousand square feet in area;.
provided, that no stable shall be located closer than fifty feet to any property line,
closer than fifty feet to any dwelling on the site or closer than one hundred feet
to any other dwelling.
SECTION 3.4 FENCES, WALLS AND HEDGES
FenCes, walls and hedges not exceeding 6 feet in height shall be permitted
in the R-I-40,000 district, In all other R-1 districts fences, walls, and
hedges not exceeding 6 feet height shall be permitted except within S0 feet
of a street intersection a fence, wall or. hedge shall not exceed 3 feet in
height. On a site having an average natural downslope of 20 per cent or mere,
.measured from the established grade of the street at the edge of the exisiing
or proposed pavement to the rear line of the required front yard, a fence
wall or hedge not exceeding 6 feet in height shall be permStted in the re-
quired front yard except that in an R-1 district other than the R-I-40,000
district, within S0 feet of a street intersection no fence, wa~l or hedge shall
exceed 3 feet in height above the ~tablished grade of any adjoining street.
SECTION 3.5 SIl~ AREA, FRONeAGE, NID~CH AND DEPTH
The minimum site area, frontage, width and ~epth in each R-1 district shall
be as prescribed in the following table subject to the exceptions listed
below.
District Site Area' Site Site Site
Width Frontage Depth
Interior Lot Corner Lot
R-1-10,909 10,000 square feet ll,S00 square feet 8S ft..60 ft. 115 feet
R-I-12,S00 12,500 square feet 14,000 square feet 90 ft. 65 ft. 120 feet
R-l-15,000 15,000 square feet 15,000 square feet 100 ft. 70 ft. 125 feet
R-i-20,000 20,000 square feet 20,000 square feet 110 ft. 80 ft. 140 feet
R-1-40,O00 40,000 square feet 40,000 square feet 150 ft. 100 ft. 150 feet
The width of a corner lot shall not be less than 100 feet.
The minimum frontage on ~ cul de sac turnaround shall be 60 feet where 75
percent or more of the frontage adjoins tb~the turnaround.
The minimum site area for a corridor lot in an R-l-10,000, R-1-12,500, or
R-l-IS,000 ~istrict shall be 20,000 square feet exclusive of the area of
the corridor. Corridor 16ts shall have not less than 20 feet of frontage on a
street.
SECTION 3.6 ONE DWELLING UNIT PER SITE
Not more than one d~elling unit shall be located on each site.
SECTION 3.7 COVERAGE, FRONT YARD, SIDE YARDS, REAR YARD
The maximum site area covered by structures and the minimum f;ont yard,
side yards and rear yard in each R-1 district shall be as prescribed in
the following table, subject to the exceptions listed below.
District Coverage Front Yard Side Yards Rear Yard
R-l-10,000 35 per cent 25 feet 10 feet 25 feet
R-1-12,500 35 per cent 25 feet 10 feet 25 feet
R-l-iS,000 30 per cent 25 feet " 12 feet 30 feet
R-1-20,O00 30 per cent 30 feet 1S feet. 35 feet
R-i-40,000 25 per cent 30 feet 20 feet SO feet
On the street side of a corner lot the side yard shall be not less than 25 feet.
One foot shall be added to an interior side yard for each 2 feet of height
or fraction thereof by which a portion of a structure whthin 30 feet of the
nearest side property line exceeds 14 [eet in height, provided that a side
yard of more than 25 feet shall not be required.
On a corner lot a rear yard equal to the required minimum side yard shall
be permitted, provided that a yard space equal to 25 per cent of the area
of the site shall be provided adjoining the rear properRy line.
On a corridor access lot with an averag~ width that exceeds its average
depth, the longer dimension may be considered the depth for purposes of
measuring front, side and. rear yards.
Accessory structures not exceEiding 14 feet in height may be located in the
required rear yard provided that no more than 500 square feet or 10 per
he r
cent of the area of t equized rear yard, whichever is the greater,
,shall be covered by such gtruc~tures and provided that on a reversed ~orner
lot an accessory structure shall not be located closer to the'rear property
line than e requ'red side yz[rd on the a joining key 1 t.
th 1 ~ e° a
;No Structure used for human haibitation an no structur cont ining
~machinery or other fixed equiF~ment capable of creating noise audible out-
~side of.the structure ihall be, located closer than 5 ~eet' to a side or ~ear
-~prop~rS~ line. .-
iSECTION 3.8 ItEIGHT OF STRUCTURES
.
'No structure shall exceed 30 feet in height.
' I ·
[SECTION 3.9 DISTANCES BETWEEN STRUCTURES
Garages, carports and other accessory structures may be attached to and
;have a common wall with the main structure on a site or may be connected
'with the main structure by a b w
When there is more than one t! ct on a site, the minimum distance
between a structure used for h'hman habitation and another structure shall
be 10 feet, .Thee minimum d~sta'nce between structures shall be increased
one foot forcevery 2 feet of he~ ht above the lowest 14 feet of height'of
,
either structure. ' '
SECTION 3.10- SIGNS ' '
No sign, outdoor advertising s'~ructure or display of any character shall
~e permitted except as prescribed in Article 10.
SECTION 3.11 OFF-STREET PARKING AND LOADING FACILITIES
Off-street parking-facilities and off-street loading facilities shall be
~ vi ed on
ro d the Site of each use as prescribed in ArtiCle 11. ' ~
~ECTION 3.12 DESIGN REVEIW
~hen an applicant applies for more than ~ building permits for-one-family
dwellings on one block within ~ ~r the one-family dwellings shall be
Subject to.design review as prescribed in'Article 13.
Conditional uses shall be subject to design review.as prescribed in
Article
SECTION 3.13 GENERAL PROVISIONS AND EXCEPTIONS
ill uses shall be subject toilegeneral provisions and exceptions
prescribed in Article 14,
ARTICLE 4 P-D PLANNED UNIT DEVELOPMENT DISTRICT
SECTION 4.1 PURPOSES '
In ce rain instances th objectlives of the zoning p an may be achieved'
r e ~ 1
by the development of planned residential units'which do not conf~rm~in
all respects with the site area~ pattern designated on the zoning map or
the distr~ct regulations prescrlibed by'this ordinance. A'planned unit
development m~y include a combination of iot sizes which complement each
qthei ind harmonize ~ith' existihg and proposed'residential densities in
~he vicinity. In order to provilde locations for well-planned deveiopments
~hich conform with the objectives of the zoning plan although they deviate
in certain respects from the zoning map and district regulations, a property
. y be r~zoned from the reSidenlial district as sho~n on the zoning ma~
e ~ e
fions prescribed in this article. ,
SECTION 4.2 DISTRICTS
A planned unit development district may be combined with any one-family
residential district, except the R~I-IO,O00 district, upon the granting
of a change of zone, to a combined R-1 planned unit development district
in accord with the provisions of this article, A planned unit development
district shall be designated by the letter "P-D" Following the district
designation.
SECTION 4.S PERMI~ED USES
A planned unit development shall include only uses permitted either as
permitted uses or conditiunal uses, in one-family residential districts.
SECTION 4.4 SITE AREA AND O~NERSHIP
The minimum site area shall be S acres, and all of the site area shall be
in one onwership at the time of a change of zone from a one-family resi-
dentialldistrict to a combined R-I planned unit development district.
SECTION 4.S STANDARDS
Standards of si~e area and Himensions; site coverage; yerd spaces; heights
of structures; distances between structures; fences, walls and hedges;
signs; and o£f-stree~ parking ~acilities shall in the aggregate be at
least equivalent to the standards prescribed by the regulations for the
district with which a planned unit is combined.
In addition, planned unit development residential districts shall be subject
to the following additional regulations:
.a. Any one lot may have less than the m~nimum site area' for the district to
the extent that another lot has more than the minimum site area. The
number of lots that have less than the minimum site area shall in np
case be greater' than the number of lots that have more than the minimum'
site area.
b. In the R-I-12,SO0 and Rol-iS,O00 districts, no lot shall be less than
10,000 square feet.
c. In the R-1-20,O00 district no lot shall be less than 1S,O00'square feet.
d. In the R-I-40,O00 district no lot shall be less than 20,000 square feet.
e. Not more than 28 per cent of the lots in the planned unit development
shall have l~ss sit~ area than the minimum prescribed for the district;
SECTION 4.6 AMENDMENT PROCEDURE
The regulations prescribed in Sections 18.S through 18.9 shall control the
procedure for making application for a change of zone for a combined
planned unit development district, the public hearing, the action by the
Planning Commission, the review by the City Council, and the action by the
Council, subject to the following exceptions:
a. In lieu of the drawing of the site. prescribed in Section 18.3, the
application shall be accompanied by a plan of the entire planned unit
development drawn to scale and showing the contours of th~ site at
intervals of not more than 8 feet' provisions for drainage of surface
waters; watercourses; railroad and public utility rights of way; streets;
pedestrianways; reservations for public uses; and lots. The application
ahall be accompanied by a tabulation of the area of each lot.
b. The City Planning Commission may recommend a change of zone for a planned
unit development as applied for or in modified form if,'on the basis of
the application and the evidence submitted, the Commission makes the
findings prescribed in Section 6 of Article 18 and makes the foPlowing
additional findings:
~ ~i) That theproposed location of the planned unit development.is in
accord with the objective: of the zoning ordinance and the purposes
of the district in which the site is'located.
the applicable provisions of this ordinance. '
(2) That the proposed planned unit_development wil. l.comply with each of
'(3) That standards of site area and simensions; site coverage; yard spaces;
.{
heights of structures; d ta s between structures; fences,
xs nce walls
and hedges; signs; and of~-street parking facilities'will.prodUce an
environment of stable and{desirable character consistent with the ob-
jectives of the zoning of. Hinance.
(4) That the combination of different lot sizes in the development will
, n .w.l ha,onize with isting proposed
c.~ :The City Council may~ affim, reverse or modify a decision 'of the Com-
":mission on an application for ~ change of zone for a planned unit
development, provided that if ~ decision denying a change of zone is
'reversed or if a decision ra ~t' a
g n; ~ng change of zone is modified.~ the
Council shall, on the basis ofI the record transmitted by the Zoning
~Adminis.trator and such additional evidence as may he~submitted, m~ke the
'findings prerequisite ~,the 8~n in8 of a chan~e of- zone' ~r a planned
'uni't development prescribed in Paragraph h. of this.section° : -
ART~CEE 5 R-H HU~T~-FAH~L¥ R~S~DE~T~A~ D~STR~CTS
! .
ISEC~ON 5.1 PURPOSES
i ....
~ln addition to the objectives pesc i~ed in Section lol, the R-H multi-
r r
~family residential districts are ~!ncluded in,teh zoning ordinance to achieve
t~e!follo~ing purposes~ ·
;a: ;to reserve appropriately a~ed areas
loct for family .living in a variety of
::t~es of dwellings, at a reasonable range of p~pulation densities con-
~;sistent with sound standards c~f public health and safety.
t e es' able
b. To preserve as many of h d ,~r characteristics of' one-family.
,~residential ~s~c~s as possible wh~]e pem~8 h~he~ popu]~o~
~:densities. _ _
'c~ ~To ensure adequate liSh~, air, privacy and open space for~aach dwelling.
1. ,
{;unit.
~d ~To provide space for. co~uni~) facilities needed to complemen~ urban
~ 'residential areas and ~or insli~u~ions which require a residential
~environmen~.
le. To minim~ze~raFfic con~es~ion and ~o avoid ~he 0verloadin~ of
(~utili~ies by preVe~ing ~he c) stockton 0f buildings-of'excessive size
{~in relation to the ~and aroun~ them. . ' - ,.
fk To p vide necessary ~pace for off-street parking of-~ut~obiles and, where
ro
'app priate, for off-street i~ading of t~cks.
ro . ~ ,
{: ,
g~ ;To protec{ residential properties from the hazards, noise and congestion
created.by c~ercial traffic~
h~ ' ~ ' '
opr ect residential properties fr~ noise, ill~inatlon, unsightliness,
, T ot
. odors, dust, d~rt, smoke, vib:ration, heat, glare and.other objectionable
] influences. '
ro
i. ~ TO protect residential p perties ~rom fire, explosion, noxious f~es and
, other hazards.
t SEdTION 5.2 PErilED USES
. a'. ~ ~e-f~ily dwellings.
}b;. 7 Multi-f~ily dwellings.
{c.' Raising of f~it and nut treeS, vegetables and horticultural specialties,
d. Home occupations conducted in accord with the regulations prescribed in
Section 12.
e. Accessory structures located on the same site with a permitted use including
private garages and carports, storehouses, garden structures, greenhouses,
recreation rooms, and hobby shops.
f. Swimming pools used solely by persons resident on the site and their guests,
provided that no swimming pool or accessory mechanical equipment shall be
located in a required front yard or in a required side yard or less than
6 feet from a property line.
SECTION 4.3 CONDITIONAL USES
The following conditional uses shall be permitted upon the granting uf a use_,
permit, in accord with the provisions of Article 16.
a. Community facilities and institutions inclusing public and parochial
elementary schoolS, junior high schoolS, high schools and colleges; nursery
schools; private non-profit schools and colleges, not ~ncluding art, craft
music or dancing schools or business, professional or trade schools and colleges;
public playgrounds, parks, community centers, libraries, museums, art galleries,
police and fire stations and other publid buildings, structures and facilities;
churches, parsonages, parish hquses, monasteries, convents and other religious
institutions; public and private charitable institutions; hospitals, sanita-
rioms and nursing homes not including hospitals, sanitariums or nursing homes
for mental or drug addict or liquor addict cases; pr4vate non-commercial
clubs and lodges; golf courses.
b. Public utility and public service pumping station, power stations, drainage
ways and structures, storage tanks and transmission lines found by the. City
Planning Commission to be necessary for the public health, safety or welfare.
c. Lodging houses, in which not more than 1s paying guests may be lodged or boarded.
d. Hotels in the R-M-3,O00-district only.
e. Accessory structures and uses located on the same site as a conditional'use.
SECTION 5.4 FENCES, WALLS AND H~DGES
Fences, walls and hedges not exceeding 6 feet in height shall be permitted except
within S0 feet of a street intersection a fence, wall, or hedge shall not exceed
3 feet in height. On a site having an average natural down-slope of 20 per cent
or more, measured from the established grade of thesstreet at the edge of the
existing or proposed pavement to the rear line of the required front yard, a
fence, wall, or hedge not exceeding 6 feet in height shall be permitted in the
required front yard except that within 50 feet of a street intersection no fence,
wall, or hedge shall exceed 3 feet in height above the established grade of an
adjoining street.
SECTION 5.5 SITE AREA,. SITE AREA PER DWELLING UNIT
The min~mom site area and the minimum site area per dwelling unit in each district
shall be as prescribed in the following table, subject to the exceptions listed
below:
District Site Area .Site Area Per
Dwelling Unit
Interior Lot Corner Lot
R-M-3,000 12,000 square feet 14,000 square feet 3,000 square feet
R-M-4,000 12,000 square feet 14,000 square .feet 4,000 square feet
R-M-S,000 10,000 square feet 11,000 square feet 5,000 square feet
R-M-4,000x 40,000 square fee~ 40,000 square feet 4,000 square feet
For edch additional structure over 2 containing a dwelling unit, 2,000 square feet
shall be added to the required minimum site area except in the R-M-4,000x district.
I:f! after dividing the area of the site by the area required per dwelling unit
or~structure containing a dwelling unit, a remainder of mere than 90 per cent of
~he area required for an additional dwelling unit or structure is obtained, one
~ddi~ional dwelling unit or t
s ruc ~re Containing a dwelling unit may.be located
6n the site.
SECTION 5.6 FRONTAGE, WIDTH AND DEPTH OF SITE
~he minimum frontage, width and de th of a site in each district shall be as
~rescribed in the following table.
li'
!District Site Width Site Frontage Sit~.Depth
~-~-~,000 100 feet 60 feet nS f;et
8-M-4,000 190 feet 60 feet 115 feet
R-;-5,000 100 feet 60 feet 115 feet
~-M-4,000x. ~50 feet' 100 feet 150 feet
SECTION 5.7 COVERAGE, FRONT YARD, SIDE YARDS,' REAR YARD
+h~ ~aximumsite area covered by liructures and the m'inimum front'l'yard,'~ide
9a~ds ahd rear yard in each dis~riqt shall be as prescribed in th~ following
table, subject to the exceptions listed below..
District Coverage Front Yard' Side Yards Rear Yard
8-Mo3,000 40 per cent 25 feet 10 percentof Width 25 feet
B-M-4,000 40 per cent 2g feet 10 per cent of width 25 feet
8-M-5~000 40 per cent- 2~ feet 10~per eefit of width 2~ feet
R-M-4,000x 50 per cent 25 feet 10 per cent of width 25 feet
A ;iae yard of more-than 25 feet shall not be required, and a side yard of
I.
,(?nlthe street side of a corner o the ide yard shall be not less than 15
fept. One foot shall be added to ~n interior side yard for each 2 feet of
height of'fraction thereof by which a portion of a:'st~ucture within 30 feet of'
the nearest side property line led 14 feet in height, provided that a side
ex~ ~ s
yard; of more than 25 feet shall nol~ be required.
~c~eSsory:-structures 'not exceeding 14 feet in height .may he loc~tedr~n the
required rear yard provided that,not more than 15 per cent of t e a a of
~he required rear yard shall b~ cornered by structures and provided'that 0n *a
½eversed corner lot an acceSsor? structure shall not be located closer to
~h~ ~ear property line than th required side yard on the adjoining key lot
and not closer to the side p~operty line adj. oin~ng the street than the requi~ed
front yard'on the adjoining key lot.
h x and structure containing machinery
NoI structure used for human ab' tation no
oro~her fixed equipment capable of creating noise audible outside of the
~tru~ture shall be located closer 'Ehan 5 feet to a side or rear property line.
SECTION 5.8 HEIGHT OF STRUCTURES
~o:s'tructure shall exceed 30 feet in height.
SECTION 5.9 DISTANCES BE~qEEN STRUCTURES
Garages, carports and other accessory structures may be attached to and have
a common wall with the main on .a
structure site or may'b~ donfiected with the'
~ainL structure by a breezeway.
I~her'e there is more than one structure on a site, the minimum distance betwe'ena
structure used for human habxtatxon and another structure shall be 10 feet. The
~inimum distance between t ctu shall be i.ncreased 6ne foot for every 2'feet
6Fhleight above'the lowest 14 feet of height of either strncture.
No structure used ~6r human habitation shall be located closer than 20 feet to
any other structure used for human habitation on the same site.
SECTION S.lO SIGNS
No sign, outdoor advertising structure or display of any character shall be
permitted except as prescribed in Article 10.
SECTION S,11 OFF-STREET PARKING AND LOADING FACILITIES
Off-street parking facilities and off-street loading facilities shall be provided
on the.site of each use as prescribed in Article 11.
SECTION S.12 DESIGN REVIEW
All multi-family dwellings and conditional uses shall be Subject to design
review as prescribed in Article 13.
I~hen an applicant applies for more than S building permits for one-family
dwellings on one block within one year, the one-family dwellings shall be
subject to design review as prescribed in Article
SECTION S.1S GENERAL.PROVISIONS AND EXCEPTIONS
All uses shall b~ subject to the general provisions and exceptions prescribed '
in Article
ARTICLE 6 P-A PROFESSIONAL AND ADMINISTRATIVE OFFICE DISTRICT
SECTION 6,1 PURPOSES
In addition tq the objectives prescribed in Section 1,I of this ordinance, the
P-A professional administrative office district is included in the zoning ordinance
to achieve the following purposes:
a. To reserve appropriately located a~eas for harmonious transitional hses to
serve as buffers between residential districts and commercial distr~cts,
b, To provide opportunities for professional administrative offices of a ~emi-
commercial character to locate outside of commercial districts,
c, To create a suitable environment for ~rofessional administrative pffice
buildings especially designed for their purposes, l~ated on sites large
enough to provide room for landscaped open spaces and off-street. parking
facilities.
d. To provide space for community facilities and institutions which appropriately
may be located in professional and administrat'ive office districts.
e. To provide adequate Space to meet the needs of modern professional and
administrative offices, including off-street parking of automobiles and,
where appropriate, off-street loading of trucks,
f. To minimize traffic congestion and to avoid the overloading of utilities
by preventing the construction of buildings of excessive size in relation to
the amount of land around them.
g. To protect professional and administrative offices from the noise. disturbance,
traffic hazards, safety hazards and other objectionable influences incidental
to commercial uses, .- ., .
' ' ': ' '
admi~is'trative offices from fire, e~ sio~ noxious.
h, To protect ~df6ssio~a~ .
fumes'end'other hazardS, - ..
· ~ :.; ., ,,, ., ..,:p:- -,,,
.... ,. ..! .
SECTION 6,2 PERMITTED USES .
a.I brofessional offices for the liewing: ..
Architects, i ~ Investigators, Labera-
. tories,-Medical a Dental
Attorneys, DentistrY, Landscape architects,
Bookkeeping service, D ft en Notaries Public,
Brokers, stocks ~ Insu rice agencies and Pharmacists,
Bonds, broke~!s Physical thprapists
er
Chiropodists Int xer decor~tors.~ Physicians-~ Surgeons,
Chiropractors, 'desi~kers (no retail Podiatrists,
Consulting saleslallowed on Psychologists,
. Engineers, premises), . Public stenographe½s.
t and other uses which are added to this list by the City Planning
~ Conunission in accord with p o!edure prescribed in Section 14.1.
,.,, .....
dmxnxstratxve offxces ~ ': d" " ':' d
6. ~rking lots improved i~ confo:mity with the standar s prescribe for
~ . qu6red off-street parking fa,~i!ities in Section 11.3.
d. Multi-family dwellings,. subject to the fol.lowing conditions:
~ In a P-A professional and administrative office district' '
:(1) ridjoining
a C-N neighborhood commercial district, the minimum site area per
dwelling shall be 4,000 sluare feet, and the multi-family dwelling
shall c0nformwith all applicable regulations of the R-M-4,00q -
district,
, ~ Incidental and accessory structures located on.~h~_same site wfth and
e.. !necessary for the operationof permitted use, '~
~ECTION 6.S CONDITIONAL USES
.T~'e~foll0~ing conditional uses sha![l'be permitted upon the granting of a use
p~rmit, in accord with the provisi~ons of Article.16 of this ordinance...
I -.
~a,] ;Community 'facilities a~d insti. tutions including publid and parochial
~elementary schools, junior hiS~h schools, high schools and colleges; nursery.
~schools; private non-profit schools and colleges, not including art', craft,
~music or dancing schools or bu x professional or trade schools and
~colleges; public playgrounds, Jparks, community centers, libraries, museums,
~art galleries, police and fir~ stations and other public buildlngs, structures
!and facilities; churches, par~ionages, parish houses, monasteries, convents .
land other religious institutiens; public and private charita61e institutions,
hospitals, sanitariums arid nursing homes, not including hospitals,
sanitariums or nursing homes for mental or drug addict or liquor addict casps;
]! private non-~omm~rci~l clubs ~[nd 10~ges; golf courses..
" I pumping stations; power stations. drainage
Ib. !Public utility and public'service
ways and structures,.storage ~hanks and transmission lines found by the City
' ~Planning Commission to be nec~ssary for the public health, safety or welfare,
cl i Acc ssory s ructures and Uses l!}cated on t~e same site as a con~i~ional use.
No use shall be permitted which emits air pollutants, solid or liquid wastes or
dangerous radioactivity, or which creates odor, noise, vibration, glare or
electrical disturbance detectable beyond the boundaries of the site, or which
involves any hazard of fire or explosion.
No use shall be permitted which creates an emission which endangers human health,
can cause damage to animals, vegetation or other property, or which can cause
soiling at any point.
SECTION 6.S SCREENING AND LANDSCAPING: FENCES, IqALLS AND HEDGES
Where a site adjoins an A or R district, a solid wall or fence, vine-covered
fence or compact evergreed hedge 6 feet in height shall be located on the
property line except in a required front yard. In addition, where a site
adjoins an A or R district, an area of S feet in depth adjoining the property
line shall be landscaped with plant materials, suitable for ensuring privacy
screening unsightliness, and insulating adjoining dwellings against noise,
and permanently maintained by the owner.
Not less than 10 feet of the required front yard adjoining the front property
line shall be landscaped and permanently maintained. The landscape plan,
showing locations and varieties of plant materials, shall be submitted for
review by the Board of Design in accord with the procedure prescribed in
Article 15 of this ordinance.
No fence, wall or hedge shall exceed 6 feet in height if located in a required
side or rear yard or 5 feet in height if located .in a required front yard.
SECTION 6.6 SITE AREA, FRONTAGE, WIDTH AND DEPTH OF SITE
The minimum site area shall be 12,000 square feet.
Each site shall have not less than 60 feet of frontage on a public street.
Each site shall have a width of not less than 100 feet. :
Each site shall have a depth of not less than 120 feet.
SECTION 6.7 COVERAGE, FRONT YARD, SIDE YARDS, REAR YARD
The maximum site area covered by structures shall be SO per cent.
The minimum front yard shall be 2S feet, and the minimum rear yard shall be
2S feet, subject to the following ekceptions:
a. One foot shall be added to the minimum rear yard for each 2 feet of h~ight
above the lowest 14 feet of height of a structure. '
b. Where the rear property line of a site adjoin~ property in an A or R district,
the minimum rear yard shall be 35 feet.
The minimum side yard shall be 10 per cent of the average width of the site,
provided that a side yard of more than 25 feet shall not be required and a
side yard of less than 10 feet shall not be permitted, subject to the following
exceptions:
a. On the street side of a corner lot the side yard.shall be not less than
15 feet.
b. One foot shall be added to an inter&or ~de yard for each 2 feet of height or
fraction thereof by which a' portion of a structure within-50 feet of the nearest
side property line exceeds 14 feet in height, provided that a side yard of more
than 50 feet shall not be required.
c. One foot shall be added to a side yard for each S feet by which a wall of
the structure within 2S feet of a side property tine exceeds 40 feet in length
parallel'or approximately parallel to the side property line.
d, Where the side property line of a site adjoins property in an A or R district,
the minimum side yard adjoining the A or R district shallk!be 25 feet.
eL Where the side property'line of a site is across a street from an A or R districtj
~ the minimum side yard opposite :he A or R district shall be 1S feet.
SECTION 6.8 HEIGHT OF STRUCTURES
No structure shall exceed 20 feet il height. -.
SECTION 6.9 SIGNS
No Sign, outdoor advertising strdctt~re or display of any character shaft be per*
mitted except as prescribed in ArtifiCe 10.
S~C~I~N 6.10 OFF-STREET PARKING ANI~ LOADING FACILI.TIES
O~f-street parking facilities and of~-street loading ~acilities shall be
provided on the site of each use as prescribed in A~ticle 11. I -
SECTION 6.~1 DESIGN REVIEW '
8 .
All uses shall be subject to design review as orescribed in Article 13 of
this ordinance.
SECTION 6.12 GENERAL PROVISIONSANE)EX~PTIONS
e!
All uses shall be subject to the g ~eral provisions and exceptions presc.ribed
i~ Arficle 14 of this ordinance.
ARTICLE 7 C COmmERCIAL DISTRICTS
SECTION 7.1 PURPOSES
In addition to the objectives prescribed in Section 1.i, the &Commercial:
districts are included in the zoning ordinance to achieve the following
a~ :To provide appropriately located areas for retail stores, offices and
~as~rvice establishments offering goods~and services required by residents
i,oT the city. . .
IT x
b.'; o provide opportinit'es for retail stores, o£fices and service establishments
8 to concentrate for the convenience of the public and in mutually beneficial
~lrelationship to each other'.
c.~ T9 promote stable, attractive commercial development which will afford a
i!p~easent shopping environment arid will complement the essential residential.
]character of the city.
d~ ~T~ provide space. for community facilities which may be appropriately locate~
lin commercial.areas. . · . ....
e.: To provide adequate space to mee~t the needs of modern'commercial development,
~ ~including off-street parking and truck-loading areas.
f~ iTo minimize traffic congestion and to avoid the overloading of utilities by
!preventing the construction of k~uildings of excessive size in relation to
the areas of their sites.
g, ]To protect commercial properties from noisej odor~ dust~ dirt~ smoke, vibration~
h~at~ glare~ heavy traffic-and ~h objectionable influences~ and from
ot er
.: :fire~ explosion, noxious fumes and other.hazards.-
SECTI6N ~,2 PERMITTED USES
a.i ,C~N NEIGHBO~OOD CO~ERCIAL DIS;TRIC~,
~(i) Retail stores~ offices and service establishments including:
Art and antique stores~
Artist supply stores~
Bakery goods stores,
Banks,.
Barber shops and beauty shops,
Bicycle shops,
Book stores and rental libraries,
Candy stores,
Christmas tree sales lots,
Ciga~ stores
Cleaning and laundry agencies, including the use of one synthetic dry
cleaning machine using noninflammable and nonexplosive solvents and
having a capacity of not more than 40 po~nds per cycle,
Clinics,
Clothing stores, :
Department stores,
Drug stores,
Dry goods stores,
Florists,
Food lockers,
Food stores, delicatessens and supermarkets,
Furniture stores,
Gasoline service stations, not includingg automotive repair service~,
provided that all operations except the sale of gasoline and oil
shall be conducted within a building enclosed on at least 3 sides,
Gift shops,
Hardware stores,
Hobby shops,
Household appliance stores,
Interior decorating shops,
Jewelry stores,
Leather goods and luggage stores,
Liquor stores,
Locksmiths,
Millinery shops,
Music stores,
Newsstands,
Nurseries and garden supply stores, provided that all equipment,
supplies and merchandise other than plants shall be kept within a
completely enclosed building and that fertilizer of any type shall
be stored and sold in. packaged form only.
Office and business machines stores,
Offices and office buildings,
Optician and optometrist shops,
Paint and wallpaper stores,
Pet and bird stores,
Photographic supply stores,
Photography studios,
Picture framing shops,
Post offices,
Pressing establishments,
Realtors and real estate offices,
Restaurants not including drive-in restaurants,
Scientific instrument stores,
Self-service laundries,
Shoe repair shops,
Shoe stores,
Soda fountains,
Sporting goods stores,
Stamp and coin stores,
Stationery stores,
Tailor and dressmaking shops,
Telegraph offices,
Toy stores,
Travel bureaus,
Umbrella repair shops,
Variety stores,
Watch and clock repair shops,
and other uses which are added to this list by the City Planning
Commission, in accord with the procedure prescribed in Section 14ol.
~(2) Parking lots improved in Conformity with the standards prescribed
for required off-street p.~rking facilities in Section 11.3.
(3)Accessory structures and uses, not including warehouses, on the same
site as a permitted use.
b. ]-C COMMUNITY COMMERCIAL DISTRICT
(1) All uses permitted in the C-N district.
(2) Stores, service establish:~ents and amusement establishments
including:
Addres.sograph services,
Art and craft schools and colleges,
Auction rooms,
Automobile supply stores
Bars,
Blueprint and photostat shops,
Bus depots, provided thatf buses shall not be s~ored o~ the site
and no ripair work or servicing of vehicles bha~l-be conducted
Electrical appliance repa!ir shops,
Gunsmith shops,
GymnasiUms,
Hand laundries,
Hotels and motels,
Household repair shops,
Laboratories,
Massage and physical cull are studiog,
! Meeting halls,
~ Mortuaries,
, Music and dance studios,
Printing shops,
Radio and television brow]casting studios.
~ Radio and television re~axr shops,
; Storage garages,
Telephone exchanges,
i Theaters and auditoriums within buildings,
Upholstering shopS,
Wholesale establishments without stocks,
; and other uses which are added tothis list by the City Planning
Commission, in accord wi~h the procedure prescribed in Section 14.1.
Ic C-S COMMERCIAL SERVICE DISTR~CT
Art and craft schools and colleges,
Automobile sales co d entirely within a completely enclosed
nduct,~
structure,
Automobile service and n~pairs, not inclu'ding service stations,
conducted entirely within a completely encIosed'structure,
Baby formula services, .
I Bicycle shops, .-
J Blueprint and Photostat ho S
s p ,
Boat sales and service p:~ovided that the~e is not outdoor-sales,
display or repair, -'
Bowling alleys,
Building supplies, not including lumber yards orco~tractors yards,
Bus depots, provided tha~ ubses shall not be stored on the site and no
r pp~ or servicin:~ of vehicles shall be conducted on the site,
Cabinet shops,
Catering shops,
Christmas tree sales lots,
Clinics,
Diaper supply services,
Electrical appliance repair'shops,
Electrical repair shops,
Exterminators,
Feed and fuel stores,
Food lockers,
Garages, storage and repair,
Glass shops,
Gunsmith shops,
Gymnasiums,
Heating and ventilating shops,
Hotels and motels.
[lousehold repair shops,
Laboratories,
Locksmiths,
Matinee and physical culture studios,
Meeting halls,
Music and dance studios,
Nurseries and garden supply stores,
Offices,
Parking lots and ~oading areas incidental to permitted uses,
Photographic developing and printing,
Picture framing shops,
Plumbing shops,
Printing shops,
Radio and talerisen repair shdps,
Realtors and real estate offices,
Restaurants and soda fountains, not including drive-ins,
Retail stores incidental to permitted uses,
Self-service laundries,
Sheet metal shops,
Sign-painting shops,
Taxidermists,
Telephone exchanges,
Tire sales, not including rotreading and recapping,
Tool and cutlery sharpening and grinding,
Typewriter repair shops,
Upholstery shops,
Veterinarians offices and small animal hospitals, includin~ short-term
boarding of animals and incidental care~such as bathing and trimming,
provided that all operations are conducted entirely within a completely
enclosed building which complies with standards of soundproof construction
which shall be prescribed by the City Engineer,
Accessory structures and uses located on the same s:ite as a permitted use,
and other uses which are added to this list by the City Planning Commission,
in accord with the procedure prescribed in Section 14.1.
SECTION 7.3 CONDITIONAL USES
The following conditional uses shall be permitted upon the granting of a use permit,
in accord with the provisions of Article 16.
a. C-N ~NE{GHBORHOOD CO~,4ERCIAL_DISTRICT .
Public buildings and grounds,
Public utiliity and puSlic service pumping stations, power stations, drainage
ways and structures, storage tanks and transmission lines found by the City
Planning Commission to be necessary for the public health, safety or welfare.
Accessory structures and uses located on the'same site as a conditional use.
b. C-C COMMUNITY CO.~RCIAL DISTRICT
Multi-family dwellings in commercial structures, provided that such dwellings
occupy no part of the ground floor of such structures except for purposes
of access and egress,
Private clubs and lodges,
Churches and other religious institutions,
Charitable institutions,
Libraries, art galleries and museums,
Public buildings and grounds,
Public utility and public service pumping stations, power stations,
i 1 i necessary for the public health, safety
~or welfare.
Accessory structures and uses located on the same site ~s a conditional
'use.
c~· C-S COMMERCIAL SERVICE DISTRICT
' ! · - ·
n u i e stations, po~r stations, drainage ways
; ~and structures, storage tanks and transmission lines found by the'City
iPlanning Commission to be necessary for the public health', safety or
;welfare,
~ccessory structures and uses located on the same site as a conditional use.
SECTION 7.4 ACCESS
In a~C-S district where a site adjc~ins a State highway, a service road parallel
~o the highway shall be improved and ~edicated to the City. The service
roadsshall provide vehicular access between the highway ~nd off-street parking
And ioading facilities on the site.! (See Saratoga Street Standards.)
Design stan ards and improvement specifications for the service road, including
~esignation of pgints of access.to/and from the highway, shall be prescribed
~y the CitydEngineer. The Cfty shall have the right to r~align and interconnect
service roads on the same side of l!he highway when such adjustment; a~e necessary
~o pFomote safety and ease of traf]!ic circulation.
SECTION 7.5 SCREENING AND LANDSCAPING: FENCES, WALLS AND HEDGES
!nla' C-N district an area not less than S feet deep and in a 'C-S district
~n!area not le~s than 10 feet deep adjoining all property lines that abut
on*a' street shall be landscaped wi:h plant materials and permanently maintained
bY! the owner.
A us*e not conducted within a completely enclosed structure shall be screened
by. ~ solid wall or fence, vine-covered fence or compact evergreen hedge {with
solid gates where necessary) not less ~han 6 feet in height .subject to the
foll~owing exceptions: ..
~Bus depots,
7Christmas tree* sales lots,
~Gasoline service stations,
'Nurseries and garden supply res,
.P~rking lots and loading area~ incidental to permitted uses or conditional
uSeS.
]self-service restaurant shall b{ located .within ~ ..completely ~nclosed. structure.
~en storage of materials and equa ~metn shall be permitted only within an area
sdrrounded and screened by a solid wall or fence, vine-covered.fence or compact
~side or rear yard or 3 feet in height if located in a required front yard.
~ ~C~ION 7 6 REQUIRED CONDITIONS '
~ a C-N or C- district all busii~ess, services and prbcesses shall be conducted
entirely within a completely enclosed structure, except for off-street parking
landiloading areas, gasoline service stations, outdoor dining areas, nurseries,
Igar~en shops, Chi~stmas tree sale~ lots, and bus depots.
In ~ C-N district all products prl~duced on the site of any of the permitted uses
~shall be sold primarily at retail on the site where produced.
In a C-N district not more than 5 persons and in C-C or C-S'district not more
than 10 persons per establishment shall be engaged in the production, repair or
processing of materials~ except that this provision shall not apply to restaurants
and soda fountains.
No use shall be permitted which emits air pollutants, solid or liquid wastes or
dangerous radioactivity, or which creates odor~ noise~ vibration~ glare or
electrical disturbance detectable beyond the boundaries of the site, or which
involves any hazard of fire or explosion.
No use shall be permitted which creates an emission which endangers human health~ can
cause damage to animals, vegetation or other property~ or which can cause so£1ing
at any point.
All uses shall comply with r~gulations of the San francisco Bay Area Air P~l~ution
Control District in effect at the time of enactment of this ordinance or adopted
subsequent to the enactment of this ordinance. '
Adequate safety devices against fire~ explosion and other hazards and adequate
fire-fighting and fire suppresssion equipment shall be provided by all uses.
No use shall occupy a required front yard except fences, walls, hedges, landscaped
areas, walks, driveways and parking areas. No use shall occupy a required side
or rear yard except fences, walll, hedges, landscaped areas, walks and driveways.
No required yard shall be used for a loading area or for storage.
SECTION 7.7 SITE AREA~ FRONTAGE~ WIDTH AND DEPTH OF SITE
In a C-N district the following regulations shall apply:
a. The minimum site area shall be 10~000 square feet.
b. Each site shall have not less than 60 feet of frontage on a public street~
c. Each site shall have a width of not less than 60 feet.
d. Each site shall have a depth of not less than 150 feet.
In a C-C district the following regulations shall apply:
a. The minimum site area shall be 5,000 square feet.
b. EaCh site shall have not less than 50 feet of frontage on a public street.
c. Each site shall have a width of not less than 50 feet.
d. Each site shall have a depth of not less than 100 feet.
In a C-S district the following regulations shall apply:
a. The minimum site area shail be 40,000 sqUaref~eet.
b. Each site shall have not less than I00 feet of frontage on a public street.
c. Each site shall have a width of not less than 100 feet.
d. Each site shall have a de~th of not.less than 500 feet.
SECTION 7.8 COVERAGE
In a C-N district the maximum site area covered by structures shall be 60 per cent.
In a C-C district there shall be no limitation on coverage.
In a C-S district the maximum site area covered by structures shall be 45 per cent.
SECTION 7.9 FRONT YARD
In a C-N district the minimum front yard shall be 10 feet, except that on a ~ite
adjoining an A, R, or P-A district and frontlug on the same street or on a site
across the street from an A~ R, or P=A district the minimum front yard shall be
15 feet,
In a C-C district no front yard'shall be r~quired, except that on a site adjoining
an A, R, or P-A district and frontlug on the same street or on a site across the
street from an A, R, or P-A district the minimum front yard shall be 10 feet.
In a C-S district the minimum front yard shall be 70 feet. (See Figure No. 1.)
~S~CTION 7.10 SIDE YARDS AND REAR YARD
I ! a C district no side yards or rear yard ,shall be
I~ -N or a C-C
~r~quired, subject' to the following exceptions:
On s~ reversed corner lot adjoining a key lot in an A or R
district~ the minimum ..~ide yard adjoining the~ street shall
be not less than on -h~llf of the required front yard on the
kay lot.
b. The minimum side yard er rear yard adjoining an A or R
~ ! district shall be 30 f~et.
c.~ The .minimum side yard or rear yard-across a street or alley
~ ~ from an A or R distric~ shall be lO feet.
One foot shall be added to each ~equired side yard and rear
yard for each 2 feet of height above the lowest l~ feet of
In i r c l~wing regulations shall apply:
The minimum Iside yards shall be
a. lO feet. One foot shall be
added to a side yard foir each 2 feet of height or fraction
thereof by which a portion of a structure within 30 feet of
the nearest s de
i properity line exc. eeds .1 ~ feet in height.
b..~ On a corner lot the minimum side yard adjoining the street
~ shall be 20 feet. One Ifoot shall be added. to a side .yard
~ for each 2 feet of height or fraction thereof by which a
portion of a structure Iwithin 50 feet~ of the rear property
: line exceeds 14' feet in~ height.
:c. The minimum rear 'yard s~all be 30 feet. One foot shall- be
added to the minimum re~s~r~ yard for each 2 feet of height
or fraction thereof by which a portion of a structure withi~
r .i er
60 feet of the rear pop ty line exceeds 14 feet in height.
~SECTION 7-11 HEIGH~ OF STRUCTURES
~,In !the C-N district n~ rut shall exceed 20 feet in' height~
~Ih ~the C-C district no stru,~ture shall exceed 35' feet in height.
.In ~the C-S district no strul~ture shall exceed 30 feet in .height.
!SECTION 7-12 NON-CONFORMING USES
Wh ~n e a site in a C ' rict is Occupied by, a non-conforming
dmst
use~ no new use shall' be established on the site unless~ the nonv
c~Snforming use shall be firs~t discontinued.
Whenever a site in a C i ~ict is occupied by a non-conforming d st~I
L om~ne c~al use, no alterstmon or addition shall be permitsted except
C r
a~d~ until the use shall com~ly with the requirements of Section 7.5.
d6 vertisin structure or display of any character
shall Ibe permitted except as' prescribed in Article lO.
SE~C~ION 7.1~ OFF-STREET PARKING AND LOADING FACILITIES
0ff~street parking and off-street loading facilities shall be
p~ovided as prescribed in Article ll.
SECTION 7.15 DESIGN REVIEW
Al~l!uses shall be subject to design review as prescribed in
Ar~lticle 13-
i~ECT~ON 7.1e G~N~AL ~ROV~iS~ONS AN~ EXC~kONS '.
~l~l~ uses shall be subject to the general provisions and exceptions
~eScribed in Article 14.
ARTICLE 8 P PARKING DISTRICT
Section 8~1 PURPOSES
In addition to the objectives prescribed in Section 1.1, the P
Parking district is included in the zoning ordinance to achieve
the following purposes:
a. To ensure the development of the area adjoining the community
commercial district in accord with the arrangement of land uses
depicted in the Village Development Plan.
b. To reserve for eventual parking use those properties so located
as to best serve the parking needs of the community commercial
district.
c. To ensure that parki~ facilities are located immediately ad~
jacent to the community commercial district for the convenient
Cit '
of the public and for the proper development of the y s
major shopping district.
SECTION 8.2 PERMITTED USES
Parking lots improved in conformity with the standards prescribed
in Section 8.5.
SECTION 8.3. CONDITIONAL USES
The following conditional uses shall be permitted upon the granting
of a use permit, in accord with the provisions of Article 16.
a. Buildings, not over lO0 square feet.in area, incidental to the
operation of a parking lot, to be used only for the purpose of
maintaining the lot and to contain no residential or commercial
facilities.
SECTION 8.4 SCREENING AND LANDSCAPING
Where a site adjoins or is across a street or alley from an R district,
an area 5 feet in depth adjoining the property line shall be landscaped
with plant materials not less than 5 feet in height and permanently
maintained, except that within 50 feet of a street intersection the
height of plant materials other than trees shall be 3 feet.
~ECTION 8.5 STANDARDS
Off-street parking facilities in P districts shall conform with the
following standards:
a. Each parking space shall be not less than 20 feet in length
and lO feet in width, exclusive of aisles and access drives,.
or each parking space may measure 9'6" from center to center
when double strips 2 feet apart are used, and provided that ·
each parallel parking space shall be 8 feet in width and 23 feet
in length.
b. Sufficient room for turning and maneuvering vehicles shall be
provided on the site.
c. Each parking space shall be accessible from a street or alley.
d. Entrances and exits shall be provided at locations approved by
the City Engineer.
e. The parking area, aisles and access drives shall be paved,
graded and drained, in accordance with applicable City construc-
tion standards subject to the approval of the City. Engineer.
f. Bumper rails shall be provided where needed for safety or to
protect property.
g.! Parking areas shall be i luminated by lighting not to exceed
. !100 foot lamberts brightiess and deflected away from adjoining
'~ ' ' ' o cause no annoying glare~
iresldentlsl sites so as
n.: ~No repair work or servicing of vehicles shall be conducted on I!a parking lot.
SECTION 8.6 SIGNS
N~ ~ign, outdoor advertisin structure or display of any character
shall be permitted except as prescribed in Arti61e 10.
SECTION 8.7 DESIGN'REVIEW
All'uses shall be subject tc design review as prescribed in Article
~3.%
.SECTION 8.8 GENERAL PROVISI!0NS AND EXCEPTIONS
Ill u s shall be subject tc the general provisi6ns and exceptions ;i' se
prescribed in Article 14.
~RT~ICLE 9 M Limited Indus~ rial District
SECTION 9.1 PURPOSES
In ~addition to the objectives prescribed in Section 1.1,, the M
.limited industrial district]is included in the zoning ordinance
.to !achieve the following p~poses:
!a. To protect residential and commercial proparties from the
noise, odor, dust, dirt.! smoke, vibration, heat~, glare, truck
and rail traffic and ottler objectionable influences, and
from fire, explosion, noxious fumes, radiation and other
hazards incidental to i~dustrial uses..
!bL To provide space for the! existing industrial plant to operate
, i and to expand, includin~ space for off-street parking and
I loading areas and lands~aping.
'c. To provide sufficient open space around industrial structures
! to protect them from tht~ hazard of fire, and to minimize the
imp.act of the industrial[ plant on nearby residential, pro~
, i fessional and administr;~tive office, and commercial districts.
d. To minimize traffic c gestion and to avoid the overloading
on
of utilities by limiting industrial expansion.
Wineries
'b~.~ Offices, · o ~nd watcnmen's living quarters inci-
, , dentallto and on the same site with a permitted use.
Sr
~c~.i Other accessory t uctures and uses located on the same site
~ as a permitted use.
S~TION 9.5 CONDITIONAL US S
~h& following conditional uses shall be permitted upon the granting
olf{a use permit in accord w!lth the provisions of Article 16.
~-i Public buildings and grounds.
~.~ Public utility and public service pumping stations, power
~.stations,'drainage ways[ and structures, lstorage tanks and'
. transmission lines founrd by the City Planning Commission to
be necessary for the public health, safety or welfare.
c~. Commercial excavation of natural materials.
Accessory structures and uses located on the same site as a
conditional use.
SECTION 9.4 SCREENING AND LANDSCAPING; FENCES, WALLS AND HEDGES
Where a site adjoins an A or R district, a solid wall or fence,
vine-covered fence or compact evergreen hedge 6 feet. in height shall
be located on the property line except in a required front yard.
In addition, the City Planning Commission shall require that the
5 feet adjoining the property line be landscaped wit~ plant materials
and permanently maintained when such landscaping is necessary to
ensure privacy, to screen unsightliness or to insulate adjoining
dwellings against noise.
A use not conducted entirely within a completely enclosed structure,
on a site across a street or alley from an A or R district shall
be screened by a solid wall or fence, vine-covered fence or compact
evergreen hedge not less than 6 feet in height if found by the City
Planning Commission to be unsightly.
Open storage of materials and equipment shall be permitted only
within an area surrounded and screened by a solid wall or fence,
vine-covered fence or compactsevergreen hedge (with solid gates
where necessary) not less than 6 feet in height, provided that no
materials or equipment shall be stored to s height greater than that
of the-wall, fence or hedge.
Not less than lO feet of a required yard adjoining a street shall
be landscaped and permanently ~aintained.
No fence, wall or hedge. shall exceed 6 feet in height if located
in a required side or rear yard or 3 feet in height if located in
a required front yard.
SECTION 9.5 REQUIRED CONDITIONS
ao AIR POLLUTION - No use shall be permitted which emits any air
pollutant detectable by the human senses without the aid of
instruments beyon~ the boundaries of the site.' In addition,
all uses shall comply with regulations of the San Francisco
B~y Area Air. Pollution Control District in effect st the time
of enactment of this ordinance or adopted subsequent to the
enactment of this ordinance.
b. EMISSIONS - No use shall be permitted which creates any.emission
which endangers human health, can cause damage to animals, vege~
tation or other property or which can cause soiling at any point
beyond the boundaries of the site.
c. NOISE - No use shall be permitted which creates noise detectable
by the human senses without the aid of instruments beyond the
boundaries of the site.
d. ODOR - No use shall be permitted which creates o~or detectable by
the human senses without the aid of instruments beyond the
boundaries of the site.
e. VIBRATION, HEAT, GLARE, ELECTRICAL DISTURBANCE - No use shall
be permitted which creates vibration, heat, glare. or electrical
disturbance detectable by the human senses without the aid of
-instruments beyond the boundaries of the site.
f. RADIOACTIVITY - No use shall be permitted which emits radio~
activity.
g. FIR~ EXPLOSI0~- No use shall be permitted which creates any
hazard of fire or explosion greater than the hazards normally
incidental to the building type and occupancy permitted in the
Fire Zone in which the site is located.
h. SAFETY DEVICES - kdequate safety devices against fire, explosion
and other hazards and ade~quate ~ire-fi~nting ~nd fire suppression
equipment shall be provided by all uses.
i/. SOLID AND LIQUID WASTES - No solid or liquid wastes shall be
~ discharged into a publi.~ or private sewage disposal system
: except in compliance wi'~h the regulations of the owner of the
i ~ system. No solid or liquid waste discharges, other than into
.~ ~ a public or private sewage disposal system, shall be permitted.
,~!.~ SMOKE - No use shall be permitted which emits smoke.
!1
SEOTION 9.6 SITE AREA, WIDTH AND DEPTY
'The minimum site area sha2 be lO acres.
=~a~h site shall have not less.than 500 feet of frontage on a
~ublic street.
Each site shall have a width of not less than 500 feet.
Each site shall have a deplh of not less than 1,O00 feet.
SECTION' 9.7 COVERAGE, FRONT YARD, BIDE YARDS, REAR YARD
She maximum site area ove?ed by structures shall be 30 per cent.
The minimum front yard shall be lO0'£eet.
The minimum side yard ~hal2 be 40 feet.
~he minimum rear yard shal be 200 feet.
~iCTION 9.8 EIGHT OF STR CTURES
iNO structure shall exceed '35 feet in height.
S CTION 9-9 ON-CO OR INIG USES
!~enever district
a site in an-M is occupied by a non-conforming
a~e, no new use shall be ~ ablmshed on the site unless the
est
~npn-conforming use shall h~e first discontinued.
~SECTION 9.10 SIGNS
~No sign, outdoor advertising structure or display of any character
Ishall be permitted excep.t as prescribed in Article lO
SECTION 9.11 OFF-STREET PARKING AND LOADING FACILITIES
Off-Street parking facilities and off-street loading facilitips
~hall be provided on the ~ite of each use as prescribed in
Article II.
SECTION 9.12 DESIGN REVI~EW _
All uses shall be subject t'o design review as prescribed in
~rticle
SECTION 9.1~ GENERAL PROVISIONS AND* EXCEPTIONS
kll uses shall be subject to the general p~ovisions and ex%
ceptions prescribed in ~bicle
ARTICLE lO SIGNS
i.Section lO.1 PURPOSES
'In order to preserve the natural beauty ofthe city's site, to
I:~aintain the orderliness of the community's appearance, to con-
l iserve its essential residential character, and to protect the
i.publi'c safety, the location, si~e~ illumination and design
~isigns are regulated.
~~SECTION 10.2 GENERAL PROVISIONS
No sign, outdoor advertising structure or display shall be erected,
installed~ located or maintained in any zoning district of the City
of Saratoga, includihg public or private streets therein, except in
conformit~ with the following regulations:
a. No illuminated signs and no sign with an area greater than 8
square feet shall be erected or displayed unless a sign permit
has been issued by the Zoning Administrator.
b. All i~luminated signs and all signs more than 8 square feet in
area,~including temporary subdivision signs, shall be subject
to design review as prescribed in Article 13.
c. No p ~ it for an illuminated sign, nor for a sign more than 8
em
square feet in area shall be issued until the design of the
sign ~as been approved by the City Planning Commission, or the
City qouncil. No sign shall be illuminated so that the primary
source .of light is visible from off the property.
d. All s~gns, outdoor advertising structures and displays shall be
located on the same site as the.use they identify or advertise,
except subdivision directional signs as prescribed in Section 10.8.
e. No sL n shall extend above the ridge line of a building.
f. No sL ns shall project more than 30 inches fr6m the outside wall
of bui~lding nor more than 12 inches over street-or alley.
g. No sign, except a directional sign, shall project more than
12 inclhes into a required rear yard or a required interior
side ~ard.
h. No sign shah be located so as to obstruct any door, window or
fire e'scape.
i. No dir,ectly illuminated, reflective, glossy, flashing or moving
sign shall be permitted and no sign shall be illuminated in
such way as to cause annoying glare. -
j. No sign shall have letters greater in size than 18 inches in
any dimension, except that in the M district letters of 60
inches~ shall be permitted.
k. All smgns, outdoor advertising structures and displays shall
be constructed in such a manner as properly to protect the
B by the International
Conference of Building Officials.
1. The number of the sign permit issued for a sign shall be
legibl~ and permanently displayed upon the face of the sign.
m. In add~tmon, all such signs shall comply with the particular
SECT I L RESIDENTIAL DISTRICTS
No sign, o tdoor advertising structure or display of any character
ZhallAnbe pirmmtted in an A or R district except the following:
lde '
.. ' ntification smgn not more than 24 square feet in area
on theesite of a public building or grounds, a private institu-
tion, or a church.
b.In addition to an identification sign, a-bulletin board not
more than 20 square feet in area on the site of a church..
c. An md ~
· entification sign not more'than 4 square feet in area on
the si~e of a nulti-family dwelling, ~otel, hotel or lodging
house.:
d. A name plate not more than one square foot in a~ea pertain~
ing to a home occupation.
e. A non~illaminated sign not more than 6 square fe~t~in area
p~rtaining to the sal~, lease, rentai or display of a structure
! or land. ~
f. A permanent sign not ~ore than 2# square feet in area id~nti~
fying a subdivision, located adjoining the entrance to a
subdivision.
g. Temporary subdivision signs, subject'to the regulations pre%
scribed inSection 108.
SECTION lO.~ SIGNS IN PR(~FESSIONAL AND ADMINISTRATIVE OFFICE
DISTRICTS
~No sign, outdoor advertising structure or display of any char~~
acter shall ~permitted i~ a P-A district except the following:
An identification sign not more than lO square feet in area,
located on the site o~i a professional or administrative 9ffice
building. In additionS, directional signs fo~ off-street
parking, each not more than 3 square feet in area, shall be
permitted.
b. An identification sigx~ not more than 24 square feet in area
on the site of a public building or grounds, a private insti~
tution, or a church.
n add
~. I ition to am identification sign, a bulletin board ~ot
~ more than 20 square f~et in area on the site of a church.
i d. An identification sign not more than 4 square feet in area
i on ~he site of a multi-family dwelling or lodging house..
e.An identification sign not more than 24 square feet on
the site of a motel o~ hotel.
If. A non-illuminated sign not more than 6 square feetin area
pertaining to the ~al~, lease, rental or display of a
structure or land.
SECTIO~iO.5 SIGNS IN COI~ERCIA~. DISTRICTS
No sign, outdoor advertis~ng structure o~ any character snal~
be permitted in a C district except the following:
a., An identification sig~ or signs pertaining to a use con-
~i ducted on the site, not more than one-half square foot in
area for each foot of'width of the front elevation of the
~ building and the side e~evation.on the street side of a
~. corner lot, or not mo~e than one-fourth square foot in area
for.each foot of stre,it frontage of the site. In a C-N or
~ . ~C~C district the aggr,~gate area of all signs identifying.a
use shall not exceed ~0 square feet. In a C-S district the
i I exceed 60 r r c n _ g
i~ off-street parking an~ loading, each not more than 6
~l square feet in area, shall be permitted in all C district.
~ In addition to an md ~ f sign, a
' e~ti ication bulletin board not
more than 20 square feet in area on the site' of a church.I
An identification sign not more than.4 square feet in area
on the site of a mmlti-family dwelling, motel, hotel, or
lodging house.
~.. A non-illuminated sigma not more than 6 square feet in area
pertaining to the sal~, lease, rental or display of a
structUre or land.
SECTION 10.6 SIGNS IN PARKING DISTRICTS
NQ sign, outdoor advertising structure or display of any character
shall be permitted in a P district except the following:
a. An identification sign not more than 10 square feet in area
located on the site of a parking lot. In addition~ directional
signs for off-street parking]~ each not more than 3 square feet
in area, shall be permitted.
b. A non-illuminated sign not more than 6 square feet in area
pertaining to the sale, lease, rental or display of a struc-
ture or land.
SECTION 10.7 SIGNS IN LIMITED INDUSTRIAL DISTRICTS
No sign, outdoor advertising structure or display of any character
shall be permitted in an M district except the following:
a. An identification sign or signs pertaining to a use conducted
on the site, not more than one square foot in area for each
foot of width of the front elevation of the building and the
side elevation on the street side of a corner lot, or not
more than one-fourth square foot in area for each foot!Uof
street frontage of the-site. No individual sign shall ex-
ceed 140 square feet in area, and the aggregate area of all
signs identifying a use shall not exceed 350 square feet.
In addition, directional signs for off-street parking and
loading, each not more than 8 square feet in area, shall be
permitted.
b. A non-illuminated sign not more than 6 square feet in area
pertaining-to the sale, lease, rental or display of a structure
or land.
SECTION 10.8 TE~PORARY SUBDIVISION SIGNS
In an A or R district temporary subdivision signs shall be per-
mitted, provided that they conform with the following regulations:
a. On-tract signs: one sign not more than 24 square feet in
area advertising a subdivision may be eredted or displayed
adjoining each street on which the subdivision abuts and ad-
joining each entrance to the subdivision.
b. Model home signs: A sign not more than 6 square feet in area
advertising a model home may be erected or displayed on the
site of each model home in a subdivision.
c. Neither on-tract nor off-tract subdivision signs shall be
attached to or mounted on automobiles, trucks, trailers, or
motor vehicles of any kind or nature.
d. Off-tract directional signs: Not more than 2 directional
~signs each not more than 18 inches by 30 inches in area may
be erected or displayed adjoining the intersections of streets
leading to a subdivision.
e. A sign permit from the Zoning Administrator shall be required
for all temporary subdivision signs. A permit may be issued
at any time after recordation of the subdivision and shall
become void one year following the'date on which the permit
was issued. The sign shall then be removed unless prior
to the expiration of one year, renewal of the permit for a
period of not more than one year shall be approved by the
City Planning Commission.
SECTION 10.9 REMOVAL OF ILLEGAL SIGNS
in addition to the p o isions of Article 20 hereof, an~ sign rv
~rected, installed or located after the effectiv~ date'of this
~rdinance in violation of ~he ordinance, and any sign which was
e~ected, installed, located or maintained prior to the effective
~te of this ordinance but~in violation of Ordinance 3-A-10 6f
~the City of Saratoga and w]~ich is not in conformity with this
~rticle, may be s~mmarily n?emo~ed or caused to be removed~by
the Zoning Administrator. 1Signs removed under the provisions
6f this section may be red~emed by theowner thereof within ken
~days upon the payment by°the owner of all costs of removal
to the provisions of Artic;~e 15 hereof.
ARTICLE ll OFF-STREET PARKING AND LOADING FACILITIES
SECTION 11.1 PURPOSES
in order to alleviate prog~Fessively or to prevent traffic con-
gestion and shortage of c~b spaces, off-street parking and load-
ing facilities shall be prSviled incidental to new land uses and
major alterations and nl ~gements of existing land uses. The e a
number of parking spaces a~d the number of loading berths pre%
scribed in this article orlto be prescribed by the City Planning
Oommission shall be in proportion to the need fo~ ~uch facilities
created by the particular -~ype land use. Off-street pa~king and
loading are·as are to be laid out in a manner which will ensure
~heir usefulness, protect '~he public safety and, where appropriate,
insulate surrounding land uses from their impact.
SECTION· ll.2 OFF-STREET P· ING FACILITIES REQUIRED
~-k~ the time of initial occ'~pancy
~f a structure or of a majQr alteration or enlargement 'of a
~it or
s e struc'ture, there si~all ~provided off-street parking
~cilities for automobiles~in accord with the schedule of off-
~reet .parking space requirements prescribed in this section.
For the purposes of ~his s~ction the term "major alteration or
~nlargement" shall m~an a ~hange of use or an addition which
would increase the number ~f parking spaces required by not less
~an lO per cent of the to~alnumber requiredj The number of.
parking spaces provided for a major alteration or enlargement
of a site or structure sh~L1 be in addition to the mumbe~ ex-
isting prior to the alteration or enlargement, unless the pre-
~nimum shall be counted i:n calculating the number provided to
~?rve the m~jor alteration or enlargement.:
I~, in the application of }he requirements of this section, a
~Sactional number is obtained~ one parking space shall be pro-
~ided for a..fraction of one-half or more, and no parking space
'shall ~e.~equired for a fraction of less than one-half.
If more than one use is lo,:ated on a site, the number of parking
lapaces provided shall be e~ual to 'the sl~ o~ the requirements
p~escribed in this section for each use.
Sites and structures locat,d.in a municipal parking assessment
district shall 'not be subj ,ct to off-street parking facilities
}~Quirements.
The off-street perking fecilities requiremen~.~of this section
shall be setisfied by the permanent ellocetion of the prescribed
number of speces for eech use in a common perking fecility pro-
vided thet the total number of spaces shell be not less than the
sum'of the individual requirements and provided further that an
ettested copy of a contrect between the perties setting forth
the~agreement to joint use of a common perking facility is filed
withlthe applicetion £or certificate of occupency.
SCHEDULE 0F~0FF-STREET PARKIN~ SPACE REQUIREMENTS
a. ONE-FAMILY DWELLINGS -- Two speces, loceted in a garege or
carport,. for each dwelling unit;
b. MU]LTI-FAMILY DWELLINGS - One space, loceted in a gerage or
carport, for each dwelling unit and one additional perking
space on the site for each dwelling unit.
c. MOTELS, hotels, lodging houses and privete clubs providing
sleeping accommodations - One space for each guest room or for
each 2 beds, whichever is greeter.
d. SCHOOLS AND COLLEGES including public, parochial and private
elementary and high schools, kindergertens and nursery schools -
One space for each employee, including teechers and adminis-
trators, plus sufficient space for safe and convenient loading
of students. Where needed, edditional speces for student
parking may beprescribed by the City Planning Commission.
e. BUSINESS, PROFESSIONAL AND TRADE SCHOOLS and colleges, art,
creft, music and dancing schools - One space for each employee,
including teachers and administrators. Where needed, additional
spaces. for student parking may be prescribed by the City Rlanning
Commission.
f..].~A~E8 OF POBLIC ASSEMBLY including churches~ community centers,
lodge halls, auditoriums (including school and college audi-
toriums), theaters and mortueries - One space for each 4 seats
or one space for each 40 square feet of floor area useble for
seating if seats are not fixed, and one space for each 2 employees.
g. CLUBS (including but limited to country clubs, golf clubs,
reereation clubs, swimming clubs and tennis clubs) - One space
for each 5 members over. 16 years of age, counting a husbend
and wife as one member, one space for eech employee, and the
number of edditionel spaces prescribed by the City Planning
Commission.
h. HOSPITALS, SANITARIUMS, NURSING HOMES, cheriteble and religious
institutions providing sleeping accommodations - One space f~
each 3 beds, one space for each 2 employees, and one space for
each 2 doctors accredited to the institution.
i. LIBRARIES, MUSEUMS, ART GALLERIES and similar uses - One
space for each employee and the number of additional spaces
prescribed by the City Plenning Commission.
OFFICES, Business, Administrative and Technical Services
(including but not limited to eccountents, architects,
ettorneys, engineers, insurance, reel estete and other
comperable professions) - One space for each 400 squere feet
of gross floor area.
k. OFFICES, Customer Service (including but not limited to
chiropractors, dentists, doctors, optometrists, berbers,
cosmetologists and other comparable professions and trades -
One space for each 200 square feet of gross floor area.
!
li RETAIL STORES AND SERVI ~E ESTABLISHMENTS - One space for
~ each 200 square feet of gross floor area, except for floor
~ area used exclusively for storage or truck loading, and one
. space for.each employee. ·
RESTAURANTS, BARS, ~ODA FOUNTAINS and similar establishments -
clusive of area use~'Tor food preparation and storage; and
one space for each emp]!oyee.
n.~ COMMERCIAL SERVICE ENTERPRISES, repair shops, wholesale es-
tablishments and retail stores that handle only bulky me~-
~ qhandise such as furni~ure, household appliances and motor
~ehicles - One space for each 500 square feet of gross
~loor area, except for/floor area used exclusively for
storage or truck loading~ and one space for each employs&.
o~ WAREHOUSES, storage buildings and storage facilities combined
~ ~ith commercial uses -)One space for each 1,000 square feet
of gross floor area, except floor area used exciusively For
~ truck loading, and onelspace for each employee.
p~' LIMITED.IN~DUSTRIAL USE~ - One space for each 600 square ~eet
~ of gross floor area, except for floor area used exclusively
~ for storage or truck loading.
OPEN USES, commercial ~ses conducted primarily outside of
r. PUBLIC BUILDINGS AND-GROUNDS other than administrative offices
~ One space for each emp}loyee, and the number of additional
I spaces prescribed by the City Planning Commission.
isj. PUBLIC UTILITY struct~ es and installations - One space for
i each employee, and the.~ number of additional spaces prescribed
~ by the City Planning Gommission.
BUS DEPOTS, railroad s}tations and heliports - One space
for each employee, and the number of additional spaces
prescribed by the Citi~ Planning Commission.
In addition ~o the off-st2!eet parking spaces required in Par~-
graphs c through t. of thi~ section, the City Planning Commission
may require provision of .~dditional off-street parking spaces if
~he Commission finds thatI such additional spaces are necessary
to ensure that the use will not create traffic Congestion or
shortage of curb spaces.
For use not s ec Paragraphs a through t of this'seCtion,
. p ified i~
the same number of off stI
- feet parking spaces shall be provided
As are required for the.m!ost similar'specified use. In no case
shall leas than 2 parking~ spaces be provided for a use specified
in Paragraphs c through
SECTION ll.~ STANDARDS FOR OFF-STREET PARKING FACILITIES
Off-street parking facilities shall confqrm with the following
standards:
.~a. Each parking space all be not less than 20 feet in length
and lO feet in width.! exclusive of. aisles and access drives,
or each parking spac~i may measure 9'6" from center to cen-
ter when double stri~s 2 feet apart are used, ~nd provided
that each parallel p~krking space shall be 8 feet in width
.and 23 feet in lengt~i.
!~b. Sufficient room for 'burning and maneuvering vehicles shall
be provided on the smite.
c. Each parking space shall be accessible from a street or alley.
d. Entrsr~and exits shall be provided at locations approved
by the ~City E~gineer.
e. The parking area, aisles and access drives shall be paved,
graded and &ained, in accordance with applicable City con-
struction standards subject to the approval of the City
Engineer.
f. Bumper rails shall be provided where needed for safety or to
protect property, as prescribed by the City Planning Commission.
g. If 6he parking area is illuminated, lighting shall not exceed
lO0 foot lamberts and shall be deflected away from adjoining
residential sites so as to cause no annoying glare.
h. In an A or R distr~ct, where a parking area adjoins a street
or another site in an R district, a landscaped strip not less
than 5 feet in depth shall be planted with plant materials
not less than 5 feet in height and permanently maintained,
except that within 50 feet of a street intersection the
· height of plant materials other than trees shall be 3 feet.
In a P-A, C or M district where a parking area adjoins an R
district or is located across a street or alley from an R
district, a landscaped strip not less than 5 feet in depth
adjoining the R district, street or alley shall be planted
with plant materials not less than 5 feet in height and per-
manently maintained, except that within 50 feet of a street
intersection the height of plant materials other than trees
shall be 3 feet.
i.No repair work or servicing of vehicles shall be conducted on
a parking area.
Of~-street parking spaces located in a garage or carport, provided
in qompliance with ~ection ll.2, shall comp~ly with the standards
prescribed in Paragraphs a~ c~ d and~of this section.
SECTION ll.# LOCATION OF OFF-STREET PARKING FACILITIES
In an A, R, P-A, C-~, C-S or M district off~street parking facili-
ties prescribed in Section ll.2 s~all be located on the same site
as the use for whic~ the spaces ar.e required or on an adjoining
site or a site separated only by an alley from the use for w~ic~
the spaces are required.
In a C-C district, off-street parking facilities prescribed i~
Section ll/2 shall be located within 300 feet of the use for which
the spaces are required, measured by the shortest route o~ pedes-
trian access.
SECTION ll.5 OFF-STREET LOADING FACILITIES REQUIRED
At the time of initial occupancy ~f ~ site or of construction of
a structure or of s major altera~io~ or enlargement o8 a site or
structure, there shall beprovide~ off-street loadingfacilities
for trucks in accord with the regulations prescribedin this section.
For the purpose of this section ~he. term "ma~or alteration or en-
largement" shall mean a ch~ng~ of use or an addition which would
increase the n~mber of loading berths required by not less than
lO per cent of the total number required. The number of loading
berths provided ~or a major alteration. or enlargement of a site or
structure shall be.in addition to the number existing p~ior to the
alteration or enlargement, unless the pre-existing number is greater
than the number prescribed in this section, in which instance the
number in excess of the prescribed minimum shall be counted in
calculating the number provided to serve the major alteration or
enlargement.
I f o r requhcements shall be
'prbvided if the City Plan~ilng Commission finds that such addi-
O
~Commission shall be based on an investigation of the anticipated~l
"quency of truck pick-ups~ and deliveries and of the truck stor~
~ge requirements of the use for which the off-street loading
Berths are required.
fre a n'
If~, in the applic tio of the requirements of this section, a
frhctional number is obtainled, one loading berth shall be pro-
~ided for a fraction of onES-half or more, and no loading berth
~hall be required for a fr~[ction of less than one-half.
if~'more than one use is c ted on site,
lo a a t~e number of loading
berrths provided shall be e~ual to the sum of the requirements
~nescribed in this section]for each use, I~ more than one use
iS located on a site and the gross floor area of each use is.
less than the minimum for which ioading berth~ are required
b~t the aggregate gross fl~or area is greater than the minimum
for which loading berths a~e required, off-s~reet loading berths
shall be Fovided as if the/ aggregate gross floor area were used
~-for the use requiring the greatest number of loading berths.
~He off-street loading facilities ~equirements' of.this section
shall be satisfied by the ]~ermanent allocation of the prescribed
n.umber of berths.for each Use in common truck loading facility
provided that the total n~ber of berths shall not be less than
the sum of the individual :~equirements and provided further that
a~, attested copy of a contract betWeen-the parties concerned
Setting forth an agreement/ to joint use of a common truck loading
Tacility is filed with the application for .a certificate of occu-
ancy.
SCHEDULE OF OFF-STReET LOA~ING BERTH REQUIREMENTS
MOTELS, HOTELS, OFFICES (Business, Administrative and Tech ....
nical Services), HOSPITALS,- SANITARIUMS, NURSING HOMES~
charitable and religmous institutions used for human
i O
Load. ing berths
required
an 5~O00 sq. ft. gross floor area O.
For 5,000 to 50,000 sq[. ft. g.ross floor area 1
For 50,000 to 150,OOOesq. ft. gross floor area 2
For each additional 150,000 sq. ft. gross floor' area..1
!b~. COMMERCIAL AND,LIMITEI!.INDUSTRIAL ESTABLISHMENTS including.
retail stores and s ervmce establishmentS,-commercial service
enterprises, warehouse~s, storage facilities and manufacturing
plants.
Loading berths
· ~ required
For less than 5,000 s~.ft. gross floor area. 0
For 5,000 to 12,500 sq.ft. gross floor area 1
For 12,500 to 20,O00 :~q.ft. gross floor area 2
For 20,000 to 30,000 ~q.ft. gross floor area 3
~q.ft. gross floor area
For 30,000 to 50,000 ~
For 50,000 to 75,000 ~q.ft. gross floor area 5
For each additional 7!5,000 sq.ft. gross floor area 1
c. CUSTOMER SERVICE OFFICES: PUBLIC BUILDINGS other than ad-
I
elementary schools, high schools and
colleges; LIBRARY, MUSEUMS and ART GSLLERIES; PLACES OF
PUBLIC UTILITY and public service structures and installations;
when any of the foreg~oing requires the recurring receipt, de-
f livery or distribution of goods or equipment by truck:
One loading. berth, and such additional berths as may be pre-
! Commission.
~ scribed by the City ~lannmng
d. RAILROAD STATIONS, bus depots and heliplorts:
One loading berth,land such additional~rths as may be pre-
scribed by the City Planning Commission~~
e. MORTUARIES:
"~' Loa~ing Berths
required
For less than 5,000 sq. ft. gross floor area 1
For 5,000 to 10,000 sq. ft. gross floor area 2
For each additional 5,000 sq. ft. gross floor area 1
f~ ANY OTHER USE which requires the recurring receipt or distribu-
tion of goods or equipment by truck:
One loading berth, and such additional berths as may be pre-
scribed by the City Planning Commission.
SECTION 11.6 STANDARDS FOR OFF-STREET LOADING FACILITIES
Off-street loading facilities provided in compliance with Section
ll.5 shall conform with the following standards:
a. Each loading berth shall be not less than 45 feet in length
and 12 feet in width and shall have an overhead clearance of
not less than 14 feet, except that for mortuaries,=a loading
berth used exclusively for hearses shall be not less than 24
feet in length and l0 feet in width and shall have an overhead
clearance of not less than 8 feet.
b. Sufficient room for turning and maneuvering vehicles shall
be provided on the site.
c. Each loading berth shall be accessible from a street or alley.
d. Entrances. and exits shall be provided at locations approved
by the City Engineer.
e. The loading area, aisles and access drives shall be pavSd,
graded and drained in accordance with applicable City con-
struction standards subject to the approval of the City~ ~
Engineer.
f. Bumper rails shall beprovided where needed for safety or to
protect property, as prescribed by the City Planning Commission.
g. If the loading area is illuminated, lighting shall not exceed
100 foot lamberts and shall be deflected away from adjoining
residential sites so as to cause no annoying glare.
h. A loading area shall not be located in a required front, side,
or rear yard, and shall be screened from adjoining sites by a
solid wall or fence or vine-covered fence not less than 6
feet in height.
i. No repair work or servicing of venicles shall be conducted
in a loading area.
SECTI0m ll.7 LOCATION OF OFF-STREET LOADING FACILITIES
Off-street loading facilities prescribed in Section ll.5 shall be
.located on the same site with the use for which the berths are
required or on an adjoining site.
SECTIOn ll.8 EXISTING USES
No existing use of land or structure shall be deemed to be a.non-
conforming use or a non-conforming structure solely because of the
lack of off-street parking facilities or off-street loading facili-
ties prescribed in ti~ article, provided.tha~ facilities being used
for off-street parking and off-street loading at the 'time of the
adoption of this ordinance shall not be reduced in capacity to less
than the number of spaces or 'berths prescribed in this article or
reduced in area to less than the minimum standards prescribed in this
article.
SECTION 11.9 REDUCTI0~ OF OFF-STREET PARKING ARvD LOADING
FACILITIES~TO SERVE O~E USE
No off-street psr~ing facility or off-street loading facility
provided for use of land or structure in compliance with Sec~
tions ll.2 or ll.5 shall be reduced infinity or in area
without sufficient additional capacity ~ditional area being
provided to comply with the regulations of this article.
SECTION ll.lO OFF-STREET PARKING AND LOADING FACILITIES TO SERVE ONE USE
No off-street parking space or off-street loading berth provided
for a use of land or a structure in complianp,e with the require-
-ments of this article sh~ll be deemed to-progide an off-street
parking space or an off-street loadiB~ berth for a use'or a
structure on another site, except as otherwise provided in
Sections ll.2 and ll.5.
SECTION ll.ll DESIGNATION OF OFF-STREET PARKING AND LOADING
:FACILITIES
When off-street parking facilities or off-street loading facili-
ties are provided, in compliance. with the requirements of this
article,~on'a site other than the site on which the use or struc-
ture to be served by the parking or loading facilities is located,
an indenture shall be recorded in the office of the County Recorder
designating the off-street parking facility or the off-street
loading facility and the use or structure to be served, with
legal descriptions of both sites, and certifying that the off-street
parking facility or the off-street.loading facility shall not be
used for any other purpose unless the restriction is removed by
resolution of the City Planning Commission. No certificate of
occupancy shall be issued until an attested co~Z of the recorded
indenture has been filed with the Zoning AdminiStrator. Opon
submission of satisfactory evi'dence that other~bff-street parking
facilities or off-street loading facilities have been provided
in compliance with the requirements of this article or that ~he
use'has ceased 6r the structure has been removed or altered so as
no longer to require the off-street parking facility or the off-
street loading facility, the City Planning Commission shall by
resolution remove the restriction.
ARTICLE 12 HOME OCCUPATIONS
SECTION 12.1 HOME OCCUPATIONS
Home occupations in A and[~R~districts shall comply with the fol-
lowing regulations:
a. There shall be no stock-in-trgde other than.products manu-
factured on the premises.
b. A home occupation shall be conducted within a ~elling by
an inhabitant thereof and shall be cZearly i~cfdental to
the use of the structure as a dwelling.
c. A home occupation shall not be conducted in an accessory
structure, aud there ~hall be n8 storage of equipment or
supplies in ah accessory structure o~ outside the dwelling.
d.There shall be no.~ternal alteration of the dwelling in
which a home occupation is conducted.
e. The existence of a home occupation shall not be apparent
beyond the boundaries of the site.
f.' DoctOrs, dentists, os~eopaths, 8hiropractors, ~nd other
practitioners of the healing- arts are not p~rmitted as
home occupations in A and R districts.
g. No one other than a resident of the dwelling shall be
employed in the conduct of ~ home occupation.
h. A home occupation shall not create any radio or television
interference or noise audible beyond the boundaries of the
site.
i. Not more than one truck of not more than one-half ton capacity
and no semi-trailers incidental to a hqme occupation shall be
kept on a site.
j. A home occupation shall not create pedestrian, ~utomobile or
truck traffic significantly in excess of the normal amount
in the district.
ARTICLE 13 DESIGN REVIEW
SECTION 13.1 PURPOSES
In order to preserve the natural beauty of the City's site, prevent
the indiscriminate clearing of property and the destruction of trees
and shrubs, prevent excessive and unsightly grading of hillsides
and ensure that new uses and structures enhance. their sites and
are harmonious with improvements in the surrounding area, plans
for all new uses and structures, except certain onerfamily resi-
dences, shall be reviewed by the City Planning Commission which
shall act as custodian of the visual character of the community.
The ugly, the i~harmonious, and the monotonous shall be barred,
but originality in architecture, site planning and landscape
design shall not be suppressed.
SECTION 13.2 PLANS TO BE APPROVED
No building permit for a new structure or a major alteration or
enlargement of an existing structure, except a one-family dwelling,
and no certificate of occupancy~for a new use or a major alteration
or enlargement of any existing use, except a one-family-dwelling,
shall be issued until the site plan, the architectural elevations
and the landscape plan have been approved by the City Planning Com-
mission or the City Council.
When an applicant applies for more than 3 building permits for one-
family dwellings on one block within one year, no building permits
shall be issued until the site plans and the architectural elevations
of the one-family dwellings have been approved by the City Planning
Commission or the City Council.
SECTION 13.3 PLANS TO BE SUBMITTED
The owner of ~he site or his authorized agent shall submit the fol-
lowing drawings to the Zoning Administrator along with his applica-
tion for a building permit or a certificate of occupancy, whichever
is filed earlier:
a. A site. plan, drawn to scale, showing the proposed layout of
structures and other improvements including~I where appropriate,
driveways, pedestrian walks~ parking and loading areas, land-
scaped areas, fences and walls. The site plan shall indicate
the locations of entrances and exits and the direction of traffic
flow into and out of parking and loading areas, the location of
each parking space and each loading berth, and areas for turning
and maneuvering vehicles.
b. Architectural drawings or sketches drawn to scale showing all
elevations of the proposed structure as they will appear upon
completion. All exterior surfacing materials and their colors
shall be specified, and the size, location, material, colors
and illumination of all signs shall be indicated.
c. A landscape plan for the site of a structure or use other
than a one-family dwelling, showing the locations of ex-
· i~sting tree~ proposed to be retained on the site, the loca-
tion and ~sign of landscaped areas and the varieties of
plant materials to be planted therein and all other landscape
features.
The Zoning Administrator shall refer'the drawings to the City
Planning Commission.
SECTION 13.4 ACTION OF CITY PLANNING CO~E~ISSION
The City Planning Commission shall review the plans and~awings
in the light of the purpose of this article. Within 30 days of
the date the plans and drawings were submitted, the Commission
shall approve or disapprove the site plan, the architectural
~elevations and the landscape plan or shall request the owner
o revmse them. The Commission may consult specialists as it
~deems necessary to assist in its review of the plans. and drawings.
Revi. sed Iplgns and drawings shall be reviewed by the City Planning
Commission and shall be approved or disapprOVed by ~he City Plan-
ning Commission, or additional~vision may~b~requested, as prescribed
in this' section.
'SECTION 13,5 APPEAL TO CITY COUNCIL
An'appeal may be taken from a decision of the City Planning Com-
amission, which decision grants, conditionally grants or denies ap-
proval of the site plan, the architectural elevations a~d the
landscape plah. An appeal may be taken by any resident of'the
City of Saratoga or any owner of property in the City of Saratoga.
Appeal shall be taken by filing with the City Qlerk a written
notice thereof,'letter form being sufficient, within lO days from
the dat~ of--granting or denial~of the application by the Com-
mission. The appeal shall be signed by the applicant, and
shall se.t forth all of the grounds for the appeal. The appli-
Cation shall be ~ccompanied by a filing fee set by resolution
of the City'CoUncil sufficient to cover the cost of handling the
appeal as prescribed in this article.'
No ground for appeal not specifically s~t forth in the notice of
appeal may be raised or considered at the time of hearing 6f the
appeal.
Upon receipt of a notice of appeal and the filing fee, the City
Clerk shall set the appeal for hearing before ·the City Council
at its next regular meeting that falls not less than lO days
after the date of filing of the notice of appeal.
SECTION 15.6 ACTION OF CITY COUNCIL
Except as hereinafter set forth, the hearing on ~he appeal sh~ll
not be a de novo hearing. The City Council shall review the de-
cision oT the City Planning Commission to determine onZy if there
was substantial~evidence presented to the Commission to substan-
tiate its decision. The Council shall not consider any evidence
that was not presented to the Commission.
If the City =Council should at the time of hearing on the appeal
determine by a majority vote of its members present that i~
wishes to hold a hearing de novo on the appeal, then it shall
order a hearing .de novo, and shall immediately discontinu~a~y
further proceedings and shall continue the hearing to a future
time and place for a complete rehearing de novo on the City Plan-
ning Commission's decision.
All hearings on an appeal may at the Council's discretion be
continued for one or more further hearings without giving notice
save for an oral announcement during the hearing or' at any con-
tinued hearing.
The City Council may affirm, reverse or modify a decision of the
· City Planning Commission provided that if a decision denying ap-
proval is reversed or modified, the Council shall, on the basis
of the record and such additional evidence as may be submitted at
a de novo nearing, make a finding that the decision of the Com-
mission was not in accord with the purpose of this ~rticle aS
set forth in Section 13.1.
ARTICLE 14 GENERAL PROVISIONS AND EXCEPTIONS
SECTION 14.1 ADDITION OF PERMITTED USES
Upon application or on its initiative, the City Planning Commission
m~y add a useto the list of permitted uses prescribed in Sections
6.2a, 7.2a (1), 7.2(b) and 7.2(c), if the Commission makes the
following findings:
a. That the addition of the use to the list of permitted uses
will be in accord with the purposes of the district in which
the use is proposed;
b. That the use will be an appropriate addition to the list of
permitted uses because the use has the same basic character-
istics as the uses permitted in the distric~
c. That the use reasonably can be expecte~ to conform with the
required conditions prescribed for the district;
d. That the use will not be detrimental to the public health,
safety or welfare;
e. That the use will not adversely affect the character of any
district in which it is proposed to be permitted;
f. That the use will not create more vehicular traffic than the
volume normally created by any of the uses permitted in the
district.
g. That the use will not create odor, dust, dirt, ~moke, noise,
vibration, illumination, glare, umsightliness or any other
objectionable influence.
h. That the use will not create any hazard of fire or explosion.
Wh4n a use has been added to a list of permitted uses in accord
with the procedure prescribed in this section, the use shall be
deemed to be listed as a permitted use in the appropriate section
and shall be added to the list of that section of this ordinance
when it is next published, with a notation of the datedwhen the
use was added to the list.
SECTION 14.2 CONFORMITY WITH DISTRICT REGULATIONS
No site or structure shall be used or desi~ated for use for any
purpose or in any manner other than in conformity with the regula-
tions for the district in which the site or structure is located.
No Structure shall be erected and no existing structure or use
sha~l be moved, altered or enlarged except in conformity with the
regulations for the district in which the structure or use is located.
No yard or other open space surrounding any structure or use
shall be used, encroached upon or reduced in any manner except
in conform~%y with the regulations for the district in which
the yard or open space is located.
No site held in a single ownership~ at the time of the adoption
of this ordinance or at any time thereafter shall be reduced in
any manner below the minimum area, frontage, width or depth
prescribed for the district in which the site is located.
SECTIO~ 14.3-~USEOF NON-~O~NFORMING SITES
Except as otherwise provided in this section, a site having an
area, frontage, width or depth less than the minimums prescribed
for the district in which the site is located, which is shown on
a duly approved tentative subdivision map for which a final sub-
division map is recorded prior to the expiration of. one year from
the date of said tentative approval or for which tentative build-
ing site approval has been 8bt~ined and final site approval is
secured within one year from date of said tentative approval,
or for whichadeed or valid°contract of sale was a record prior
to the effective date of this ordinance, and which'had a legal
area, frontage, width and depth at the time that the tentative
map was approved, or~the deed or contract of sale was recorded,
may be used for a permitted use, but shall be subject to all
other regulations for the district in which the site is located,
except that the minimum width of_side yards. shall be as follows:
a. Side yard~ adjoining interior lot lines shall be hot less
than lO per Cent of the width of the site or 6 feet, which-
ever is greater.
b. A side yard on the street side of a corner lot shall be not
less than 20 per cent of the width of the site or 15 feet,~
whichever is greater.
:
SECTIOR 14.4 YARD SPACES
No yard space provided about any structkre in compliance with
the regulations for the district in which it is located shall
be deemed to provide a yard space for any other structure~ and
no yard on one site shall be deemed to provide a yard space
for a structure on any other site.
SECTI0~ 14.5~ COVERAGE --MEASUREMENT
To determine Ithe per cent of the site area covered by structures~
the numbe~ of.square feet of horizontal area covered by structures,
open or enclosed, and by projections of structures, except those
prescribed as exceptions to yard requirements in Section 1~.7,
shall be divided by. the total horizontal area within the property
lines of the site.
SECTIO~ 14.6 YARD REQUIREMENTS - ~ASUREMENT
Required yards shall be measured as the minimum ~orizontal distance
from the property line of the site or street line to a line para-
llel thereto on the site; provided that where a precise street
plan has been adopted by the City Council, required yards shall be
measured from the p~n line, and no provision of this ordinance
shall be construed to permit a structure or use to extend beyond
such line; and provided further that where a site abuts on a
street having only a pg~tion of its required width offered, ded-
icated or reserved for street purposes, required yards shall be
measured from the line established by the Pls~ing Commission upon
an'existing or proposed site borderihg a public street whic~ line
in the opinion of the Planning Commission will be the futurS pre-
cise street plan line where such precise plan line is not yet
established.
On a site which is not rectangular or approximately rectangular
in shape, required yards shall be measured in the manner prescribed
by ~he City Plsn~ing Commission.
SECTION 14.7 YARD REQUIREMENTS - EXCEPTIONS
Architectural features including sills, chimneys, cornices and
eaves may exteHd into a required side yard not more than 3 feet
or into a space between structures on the same site not more than
18 inches, and may extend into a required front or rear yard not
more than 4 feet.'
Open, unenclosed, uncovered balconies, porches, platforms,~ stair-
ways and landing places, ~o part of which is more than 4 feet
above the surface of the ground, may extend into a required yard
or space between buildings not more than 4 feet.
Open, unenclosed, uncovered metal fire escapes may project into
any required.yard or space between buildings not more than 3 feet.
Fences, walls, hedges, walks, driveways and retaining walls may
occupy any required yard or other open space, subject to the lim-
itations prescribed in the district regulations.
SECTION 14.8 HEIGHT LIMITATIONS - MEASUREMENT
The height of a structure shall be measured vertically from the
average elevation of the finished grade of that portion of the
site covered by the structure to the highest point of the structure,
or to the wall coping of a flat roof, or to the mean height between
the plate land ridges of a hip, gable or gambrel roof.
SECTION 14.9 HEIGHT LIMITAT~0NS - EXCEPTIONS
Towers, spires, cupolas, chimneys, penthouses, water tanks, flag-
poles, monuments, scenery, lofts, radio and television aerials,
transmission towers, fire towers and similar structures and neces-
sary mechanical appurtenances covering not more than lO per cent
of the ground area covered by the structure may be erected to a
height not more than 25 feet above the height limit prescribed
~.~y the regulations for the district in which the site is located.
Utility poles and towers shall not be subject to the height limits
prescribed in the district regulations.
SECTIO~ 14.10 MAINTENANCE OF LANDSCAPED AREAS
A landscaped area provided in compliance with the regulations
prescribed in this ordinance or as a condition of a use permit or
variance shall be plahted with materials suitable for screening
or ornamenting the si~e, whichever is appropriate, and plant
materials shall be replaced as needed to screen or ornament the
site. Landscaped areas shall be watered, weeded, pruned, fertilized,
sprayed or otherwise maintained by the owner as may. be prescribed
by the Zoning Administrator.
ARTICLE 15 NON-YCONFORMING USES AND STRUCTURES
Section 15.1 PURPOSES
A non-conforming use is a use of a structure or land which was
lawfully established and maintained prior to the adoption of'this
ordinance but which, under this ordinance, or any reclassification
ordinance adopted at or after the effective date of this ordinance,
does not conform with the use regulations for the district in which
it is located. This artible is intended to limit the number and
extent of non-conforming uses by prohibiting their enlargment and
their re-establishment after aba~d0nment and by prohibiting the
alteration of the structures they occupy and their restoration
after destruction. Eventually certain classes bf non-conforming
uses are to be eliminated.
A non-conforming structure is a structure which'was lawfully.
erected prior to the adoption of .this ordinance but which, under
this ordinance, or any reclas~ification ordinance adopted at or
after the effective date of this ordinance, does not conform
with the standards of coverage, yard spaces, height of structures
or distances between structures prescribed in the regulations for
the district ~in which the structure is located. While permitting
the use and maintenance of non-c~orming structures, this article
is intended to limit the number and extent of non-conforming
structures by prohibiting their being moved, altered or enlarged
so as to increase the discrepancy between existing conditions
and the standards prescribed in this ordinance and by prohibiting
their restoration after ~destruction. Eventually all noneconform-
ing structures of nominal value are t6 be eliminated or altered
to conform.
In addition, certain non-conforming uses in R Districts are of
such a nature as to be easily susceptible offgenerating ~Oxious
nuisance factors, and are only permitted to be continued under
a use permit. ~
SECTION 15.2 'CONTINUATION AND MAINTENANCE
A use lawfully occupying a structure or a site on tle effective
date of this .ordinance or of amendments thereto which does not
conform with the use regulations for the district in which the
use is located shall be deemed to be a non-conforming use and
may be continued, except as otherwise provided in this article.
A structure lawfully occupying ~ site on the effective date of
this' ordinance or of amendments thereto which does not conform
with the ~andards of coverage, front yard, side yards, rear yard,
height of structures or distances ~etween structures prescribed
in the regulatidns for the ~istrict in which tee structhre is
located shall be deemed to be a non-conforming structure and
may be used and maintained except as otherwise provided in this
article.
Routine maintenance and ~pairs may be performed'on a structure
or site, the use of which is non=conforming, and on a non-con~
forming structure.
SECTION 15.~ CONTINUATION OF CERTAIN NON-CONFORMING IUSES IN R
DISTRICTS BY USE PERMIT
The following enumerated uses are hereby found to be of. a type
mos~ s~sceptible of causing and ~d~eloping nuisance factors
dangerous to '~ealth., safety, mor&'~ and Welfare of the public
and of the ~eighborhood surrounding them, and to be susceptible of
being carried on in a manner causing unreasonable interference
with the use and comfortable enjoyment of life and property in
an R district, unless subjected to reasonable regulation thereof.
a. Any use permitted only in an M district.
b. Parks, dance halls and/or other centers '~' amusement, open
to the public and where alcoholic beverages are allowed to
be consumed.
c. Any use prohibited in all districts.
Any use occupying a 'site or structure in gn R district for-any
of the. above set forth uses, which use is a non-conforming use
otherwise permitted under Section 15.2 hereof, shall only beper-
mitted upon the granting of a use permit therefob in accord with
Article 16 of this ordinance. Application for ~ch use permit
must be made within thirty (30) days from the effectfve date
this ordinance, or from the effective date of such reclassific~-
tion ordinance as makes the use non-conformihg, except that any
non-conforming use which already is bperating under a use permit
under any previous ordinance shall conform with Section 16.10.2
of this ordinance.
This section qualifies Section 15.2 hereof only, and all other
sections in this Article 15 shall otherwise be applicable to
such non-conforming uses. :
SECTION 15.~ ALTERATIONS AND ADDITIONS TO NON-CONFORMING USES
No structure, the use of.which is non-conforming, shall be moved,
altered or enlarged unless required by law, or unless the moving,
alteration or enlargement will result in the elimination of the
non-conforming use, except that a structure housing a non-conform-
ing residential use may be moved, altered or enlarged, provided
that the number of dwelling units is not increased.
No structure partially occupied by a non-conforming use shall be
moved, altered or enlarged in such a way as to permit the enlarge-
ment of the space occupied by the non-conforming use.
No non-conforming use shall be enlarged or extended in such a way
as to occupy any part of the structure or site or-another structure
or site which it did not occupy on the effective date of this or-
dinance or of the amendment thereto which caused i~ to become a
non-conforming use, or in such a way as to displace any conforming
use occupying a structure or site.
The above prohibitions shall be subject to the provisions of
Section 17 hereof relating to variances.
SECTION 15-5 ALTERATIONS AND ADDITIONS TO NON-CONFORMING STRUCTURES
No non-conforming structure sh,all be moved, altered, enlarged or
reconstructed so as to increase the discrepancy between existing
conditions and the standards of coverage, front yard, side yards,
rear yard, height of structures or distances between structures
prescribed in the regulations for the district in which the
structure is located.
The above prohibitions shall be subject to the provisions of
Section 17 hereof relating to variances.
SECTION 15.6 CHANGE OF USE
The non-conforming use of a structure or site shall not be changed
to another non-c6'.r~,~.orming use.
SECTION 15.7 ABANDONMENT OF NON-CONFORMING USE
Whenever a non-conforming use has been abandmed, discontinued
or changed to a conforming use for a continuous period of 90 days,
the non-conforming use shall not be reestablished, and the use
of the structure or site thereafter shall comply with the regulations
for the district in which it is located.
Non-use of a structure for a continuous period of 90 days or the
discontinuing of a use of land for a continuous period of 6 months
shall be conclusively presumed to be an abandonment under the terms
of this section.
SECTION 15.8 RESTORATION OF A DMv~GED STRUCTURE
Whenever a structure, the use of which does not conform with the
regulations fo~'~the district in'which it is located, or a structure
which do~s not comply with the standards of coveragE, front yard,
side yards, rear yard, height of structures or distances between
structures prescribed in the regulations for the district in which
the structure is located, shall be destroyed by fire or other
calamity or by an act of God or by the public enemy to the extent
of 50 per cent or less, the structure may be restored and the non-
conforming use may be resumed, provided that restoration is started
within one year and diligently pursued to completion.
Whenever a structure, the use of which does not conform with
the regulations for the district in which it is located, or
a structure which does not comply with the standards of cover-
age, front yard, side yards, rear ys~.d, height of structures
or distances between structures prescribed in the regulations
for the district in which it is located, shall be ~estroyed by
fire or other calamity or by act of God, or by the public enemy
to a greater.extent than 50 per cent, or shall b~ voluntarily
razed or shall be ~equired by law to be razed, the structure
shall not be restored except in full conSprmity with the regula-
tions for the district in which it is located, and the non-
conforming rise shall not be ~esumed.
The extent of damage or partial destruction shall be based upon
the ratio of the estimated cost of restoring the structure'to
its condition prior to such damage or partial destructign, to
the estimated cost of duplicating the 'entire structure as it
existed prior thereto. Estimates for this purpose shall be
made by or shall be reviewed and approved by the Zoning Ad-
ministrator.
SECTION 15.9 ELIMINATION OF NON-CONFORMING USES
The following non-conforming uses and structures shall bedis-
continued and removed from their sites within 3 years from the
effective date of this ordinance:
a. A non-conforming ~se which does not occupy a structure.
b. A non-conforming use occupying a structure havfng an assessed
valuation of less than $500.
Uses permitted only in the P-A, C and M districts which are located
in an A 6r R district shall be discontinued and removed from their
sites in accord with the following schedule, provided that these
uses may continue not less than 5 years f~om the effective date
of this ordinance.
~ ~emoval Date
Type of Construction (Years'~rom date structure
(Uniform Building Code) originally wa~ erected)
T~pe I ~50 years
Type II or III ~0 years
Type IV Or V 35 years
A non-conforming sign shall either be removed, or compliance
made with t~e regulations of Article lO hereof in lieu thereof,
upon any change of ownership or use of the site on which the
non-conforming sign is located.
SECTION 15.10 ELIMINATION OF NON-CONFORMING STRUCTUrES
A structure having an assessed valuation of less than $500"which
does not comply with the standards of coverage, front yard, side
yards, rear yard, height of structures or distances between
structures prescribed in the regulations for the district in
which the structure is located shall be removed from its site
within 3 yes. rs from the' effective date of this ordinance, except
that if the structure is altered to comply with such standards,
this provision shall not apply. ~
SECTION 15.11 TIl~ WHEN USE OR STRUCTURE BECOMES NON-CONFORMING
Whe~ever a Use or a structure becomes non-conforming because of
a change of zoning district boundaries or a change of regulations
for the district in which the site is located, the period of time
prescribed in this article for the elimination of the use or the
removal of the structure shall be computed from the effective
date of the change of district or regulations.
SECTION 15.12 USES ESTABLISHED AND STRUCTURES ERECTED UNDER
CONDITIONAL RECLASSIFICATION
An~/thing to the contrary in this Article 15 notwithstanding, the
foilowing provisions shall be exclusively applicable to uses
created or structures erected under conditional reclassification
pursuant to Section 18.11 of this ordinance.
Where all conditions are not complied with within the requisite
time limits under a.conditional reclassification, and the previous
dist~idt classification is thus reinstated, any use ~tablished
or structure erected or constructed during the period of con-
~~V~ton which would be a permitted use or
~_~9~l~h~r~tional classification became permanent,
but ~hich is no~a permitted use or structure under the regula-
tions of the pre~ious district classification thus reinstated
by reason of the non-compliance with the condition subsequent
attached to such reclassification, shall not be permitted to
continue under any of the provisions o[._~tthis article as a non-
conforming use or structure. It shall ~Lall respects be pro-
hibited as if the use were established 8ff the structure erected
or constructed during such time as the property was classified
in the district applicable thereto immediately prior to the ef-
fective date of the ordinance granting conditional reclassification.
Any such non-conforming use of a structure or land shall be im-
mediately discontinued the day following the termination of the
conditional reclassification, and any such non-conforming structure
shall be removed and abated within thirty (~0) days from the date
of termination of the conditional reclassification.
The City Council may require, as a condition precedent to the
adoption of an ordinance conditionally reclassifying lands from
one district to another, that the applicant provide the city'
with such cash or surety bond as in the judgment.of the City Council
will be adequate, guaranteeing that'the applicant will discontinue
any such non-conforming use and/or will remove and abate any such
non-conforming structure, in accord with the above set forth time
limits, on the failure of compliance with the conditions of the
conditional reclassification.
ARTICLE 16 CONDITIONAL USES
SECTION 16.1 PURPOSES
In order to give the district use regulations of this ordinance
the flexibility necessary to achieve the objectives of the zoning
ordinance, in certain districts conditional uses are permitted,
subject to the granting of a use permit. Becauge of their unusual
characteristics, conditional uses require spe~igl consideration
so that they may be located properly with ~spect to the objectives
of the zoning ordinance and with ~spect to their effects on sur-
rounding properties. In order to achieve these purposes, the
City Planning Commission is empowered to grant and to deny appli-
cations for use permits and to impose reasonable conditions upon
the ~anting of use ~ermits, subject to~l~.e~yview by the City Council.
SECTION 16.2 POWERS OF CITY PLA~ING COMMISSION
The City Planning Commission may grant use permits for such con-
ditional uses in such districts as are prescribed in the district
regulations of this ordinance, subject to review by the City Council,
in accord with the procedure prescribed in this article.
SECTION 16.5 APPLICATION AND FEE
Application for a use permit shall be made to the City Planning Com-
mission on a form prescribed by the Commission which shall include
the following data:
a. Name and address of the applicant.
bo Statement that the applicant is the owner of the property or
is the authorized agent of-the ~ner. ~r-~
c., .Address or description of.the property.
d. Statement indicating the precise manner of compliance with each
of the applicable provisions of this ordinance ~together with
any other data pertinent to the findings prerequisite to the
granting of a use permit, prescribed.in Section 16.6.
The application shall be accompanied lb~. £~ow~g~p~..ans
and drawings:
e. An accurate scale ~awing of the site and the surrounding area
for a distance of at least 500 feet from each boundary of
the site, showing the locations of streets and property
lines and the names, and last known address of the recorded
legal owners of all properties sho~n on the drawing.
f. .An accurate scale drawing of the site showing the contours
at intervals of not more than 5 fee~.and existing and pro-
posed locations of streets, property lines, uses, structures,
driveways, pedestrianways, off-street parking and off-street
loading facilities and landscaped areas.
The application shall be accompanied by.a fee set by resolution
of the City Council sufficient t6 cover the cost of handling the
application as prescribed in this article.
SECTION 16.4 PUBLIC HEARING -- ~0TICE AND PROCEDURE
?T~ty Planning Commission shall hold at least one public hearing
$~ze~g~h application for a use permit Within 45 days of the day when
the application was filed.
Notice of the public hearing shall be given not l~ess than3
days nor more than 30 days prior to the date of the hearingby
mailing, postage prepaid, a notice of the time and pla~e of
the hearing to all persons whose 'names appear on the latest
adopted tax roll of Santa Clara County as owning property within
500 feet of the boundaries of the area occupied or to be occupied
by the use which is the subject of the hearing.
At the public hearing the City Planning Commission 'shall review
the application and the statements-and .drawings .submitted there-
with and shall receive pertinent evidence concerning the proposed
use~and the proposed conditions under .which it would be operated
or maintained, particularly with respect to the findings prescribed
in Section.16.6..
SECTIO~ 16.5 iNVESTIGATION AND REPORT
The Zoning Administrator shall make an investigation of the ap-
plication and shall prepare a~port thereon which shall be
submitted to the Ci~Planning'Commission.
SECTION 16.6 ACTION BY CITY PLANNING CO~iISSION
The .City Planning Commission may grant an application for a
· use permit as the use permit was applied for or in modified.
form, if, on the. basis of the application and the evidence sub-
mitted, the Commission makes the following findings:
a. That the proposed location of the conditional use is in
accord with the objectives of the zoning ordingnce and the
purposes of the district in which the site is located-.
b. That the proposed location of the conditional use and the
conditions under which it would be operated or maintained
will not be detrimental to the public health, safety or
welfare, or materially injurious to properties or improvements
in the vicinity.
c. That the proposed conditional use will comply with each of
the applicable provisions of this ordinance.
A use permit may be revocable, may be granted for a limited time
period, or may be granted subject to such conditions as the Com-
mission may prescribe~~.
The Commission may deny an application for a use permit.
A use permit shall become effective upon the expiration of
lO days following the date on which the use permit was granted
unless an appeal has been taken to the City Council.
SECTI0~ 16.7 APPEAL TO CITY COUNCIL
An appeal may be taken from a decision of the City Planning Com-
mission, which decision grants, conditionally grants or denies a
use permit. An appeal may be taken by any resident of the City of
Saratoga or any owner of property in the City of Saratoga.
Appeal shall be taken~by filing with the City Clerk a written
notice thereof, letter form being sufficient, withi~i0 days from
the date of granting or denial of the application b~he Commission.
The appeal shall be signed by the applicant, and shall set forth
all of the grounds for the appeal. The application shall be ac-
companied by a filing fee set by resolution of the City Council
sufficient to cover the cost of handling the appea~ as prescribed
in this article.
No ground for appeal not specifically set forth in the notice of
appeal may be raised or considered at the time 'of hearing of the
appeal.
Upon receipt of a notice of appeal and the filing fee, the City
Clerk shall set the appeal for hearing before the City Council
at its next regular meeting that falls not less than lO days after
the date of filing of the notice of appeal. The City Clerk shall
give notice of the hearing in the same manner as notice was ~iven
on the original application.
SECTION 16.8 ACTION OF CiTY COUNCIL
Except as hereinafter set'forth, the hearing on th& appeal shall
not be a de novo hearing. The City Council shall review the de-
cision of the City Planning Commission to determine only if there
was substantial evidence presented to the Commission to substantiate
its decision. The Oouncil shall not consider any evidence that
was not presented to the Commission.
If the City Council should at the time of hearing on the app'eal
determine by a majority vote of its members present that it
wishes to ~old. a hearing de novo on the appeal, then it sh~Z~l
order a hearing de novo, and shall immediately discontinue any
further proceedings and shall continue the hearing'to a future
time and place for a complete rehearing de novo on the City Plan-
ning Commission's decision.
All hearings on an appeal maylat the Council's discretion be con-
tinued for one or more fur~he~i hearings without giving notice,
save for an oral announcement~uring the hearing or at any con-
tinued hearing.
The City Council may affirm, reverse or modify a decision of the
City Planning Commission, provided that if a decision denying a
use permit is reversed or a decision granting a use permit ms
modified, the Council shall, on the basis of the record and such
additional e~idence as may be submitte~ at a de novo hearing,
make the findings prerequisite to the gra~.ting.of~a use permit
prescribed in Section 16.6.
A use permi'~ that has been the subject of an appeal to the City
Councll shall'become effective 3 days following the date on which
the use permit is granted by the Council.
SECTION 16.9 LAPSE OF USE PERMIT .~
A use permit shall lapse and shall become void one year follow-
ing the date-on which the use permit became effective, unless
prior to the expiration .of one year a building permit is issued
and construction is commenced and diligently pursued toward
completioh on the site which was the subject of the use permit
application or a certificate of occupancy is issued for the site
or the structure which was the subject of the use ~ermit appli-
cation. A use permit maybe renewed for an additional period
of one year provided that prior to the expiration-of one year
from the date the use permit originally became effective, an
application for renewal of the use permit is filed'with the
City Planning Commission. The Commission may grant or deny an
application for renewal of a use permit.
An appeal.,may be taken from the decision of the Commission. Upon
the filing of an appeal, the City Council shali review the de-
cision of the Commission in accord with the procedure prescribed
in Section 16.7 shd 16.8.
SECTION 16.10 PRE-EXISTING CONDITIONAL USES
A use established prior to the adoption of thfs ordinance, or
prior to the adoption of any reclassification ordinance under
this ordinance, which at the time of its establishment was an
unconditional permitted use under the zoning regulations and
district classification ordinances then existing, but which by
virtue of the regulations of this ordinance or of any such new
reclassification ordinance become a permitted use only on the
obtaining of a use permit, shall be permitted to continue subject
to the following:
a. Alteration or expansion of such a conditional use shall
only be permitted upon the grahting of a new use permit,
provided that such a new permit shall not be required for
accessory structures and uses located on the same site as
the pre-e~-sting conditional use.
b. A new use permit shall be require~ for the re-construCtion
of a structure housing a conditional use established ~rior
to enactment of this ordinance if the structure iS destroyed
by fire or other calamity or by Act of God or'by tithe public
enemy to a greater ext~nt than 50%. The extent 0~ damage
~ or partial destruction shall be based upon the ratio of the
estimated cost of restoring the structure to its condition
· prior to such damage or partial destruction, to the estimated
I'cost of duplicating the entire structure as it existed prior
thereto. Estimates for this purpose shall be made by, or
shall be reviewed and approved by, the Zoning Administrator
· and the Director of Public Works.
SECTION 16.10.2 PRE-EXISTING CONDITIONAL USES
A use established prior to the adoption of this ordinance, or
prior to the adoption of any reclassification ordinance under
this ordinance, which at the time of its establishment was a
conditional use being carried on under a use permit under the
zoning regulations and district classifications then existing,
and which is. either not permitted, or permitted only under a use
permit under the regulations of this ordinance or of any such
new reclassification ordinance, shall be a non-conforming use
continuable under Article 15 hereof until such time as said ex-
isting use permit expires, is terminated, or otherwise becomes
void, or until it must be completely discontinued under Section
15.8 hereof, whichever event shall first occur. Upon such ex-
isting use permit expiring, being terminated, or becoming void,
such use may continue as a non-conforming use until such time
as it must be completely discontinued under Section 15.8 hereof,
only upon obtaining and at all times keeping in full force and
effect a new use permit under this Article 16.
SECTION 16.11 REVOCATIOR
Upon violation of'any applicable provision of this ordinance, or,
if.granted subject to a condition or conditions, upon failure
to comply with the condition or conditions, a use permit shall
be suspended automatically. The ~ity Planning Commission shall
hold a public hearing within 60 days, in accord with the procedure
prescribed in Section 16.4, and if not satisfied ~the regula-
tion, general provision or condition is being comp~ed with, may
revoke the use permit or take such action as may be necessary to
ensure compliance with the regulation, general provision or con-
dition.
An appeal may be taken from the decision of the Commission. Upon
the filing of an appeal~ the City Council shall review the decision
of the Commission in accord with the procedure prescribed in
Sections 16.7 and 16.8.
SECTION 16.12 NOTATION ON ZONING lvLAP
A use permit shall be indicated on the zoning map by a number
located on the site of the conditional use.
SECTION 16.i'~NEW APPLICATION
Following the denial of a use permit application or the revocation
ofaa use permit, no application for a use permit for the same or
substantially the same conditional use on the same or substantially
the same site shall be filed within one year.from the date of denial
or revocation of the use permit.
SECTION 16.14 USE PERMITS NOT TO RUN WITH THE LAND
A use permit granted pursuant to the provisions of this Article
shall not run with the land and shall not continue to be valid
upon a change of ownership of the site or structure which was the
subject of the use permit application, unless the use permit by
its terms specifically provides otherwise. Upon any change of
ow~ei'ship of a site subject to a use permit, such use permit
shaI~ continue in effect for a period of not to exceed ~0 days
from date of change of ownership, during which perio~ such new
owners must secure a new use permit in accord with this Article
in order to continue such use.
ARTICLE 17 VARIANCES
SECTION 17.1 PURPOSES
City City Planning Commission is empowered to grant-variances in
order to prevent or to lessen such practical difficulties and un-
necessary physical hardships inconsistent with the objectives of
the zoning ordinance as would result from a strict or literal
interpretation and enforcement of certain of the regulations
prescribed by this ordinance. A pragtical difficulty or ~mnecessary
physical hardship may result from-the size, shape or dimensions of
a site or the location of existing structures thereon, from geographic,
topographic or other physical conditions on the site or in the
immediate vicinity~, or from. population densities, street locations
or traffic conditions in th~ immediate vicinity. Cost to the ap-
plicant of strict or literal compliance with a regulation shall
not be the sole reason for~ granting a variance. The power to
grant variances does. not extend to use regulations because the
flexibility necessary to avoid results inconsistent with objectives
of the zoning ~rdinance is provided by the conditional use. provisions
of this ordinance.
SECTIO~ 17.2 POWERS OF CITY PLANNING COMMISSION
The City Planni.ng Commission may grant variances to the regula-
tions prescribed by this ordinance with respect to fences and
walls, site area, width, frontage, depth, coverages front yard,
rear yard, side yards, height of structures, distances between
structures, signs, off-street parking facilities, and off-street
loading facilities and to those prohibitions of Section 15-3 and
15.4 which relate to the siterations and additions to non-conforming
uses and structures, in accord wit~ the procedure prescribed in
this Article.
S~CTION 17.3 APPLICATION AND FEE
Application for a variance'shall be made to the City Planning
Commission on a form pr~scribed by the Commission, which shall
include the following data:
a.° Name and address of the applicant.
b. Statement that the applicant is th~ Owner of the property or
is the authorized agent of the owner.
c. Addr s or description of the property.
·~e S
d. Statement of the precise nature of the mriance requested~and
the practical ~ifficulty or unnecessary physical hardship
inconsistent with the objectives of the zoning.ordinance
which would result from a strict or literal interpretation
and enforcement of a specified regulation of this ordinance,
together with any other data pertinent to~the findings pre-
requisite to the granting of a variance, prescribed in
Section 17.6.
The application shall be ~ccompanied by the following plans
and drawings: .
e. An accurate scale drawing of the site and the surrounding
area for a distance of at least 500 feet from each boundary
of the si~e showing the locations of streets and property
lines and the names and last known addresses of the ~orded
legal owners of ~ll'~roperties shown on the drawing.
f. An accurate scale drawing of the site showing the con~'ours
at intervals of not more ~han 5 feet-and existing and~-~roposed
locations of streets, property lines, uses, structures,
driveways, pedestrianways, off-street parking and off-street
loading facilities and landscaped areas.
The application shall be accompanied by a fee set by resolution
of the City Council st~icient to cover the cost of handling the
application as prescribed in this article.
SECTION 17.4 PUBLIC HEARING - NOTICE AND PROCEDURE
The City Planning Commission may hold a public hearing on an appli-
cation for a variance. The Commission may delegate to the Zoning
AdministratOr authority to decide whether a public'hearing shall
be held, provided-that the Zoning. Administrator's decision may
be changed by the Cgmmission.
~otice of a public ~aring shall begiven not less than 5 daXs
nor-more than 30 days prior to the date of the hearing by mailing,
postage prep'aid, a notice of the time and place of the hearing to
all persqns whose names appear on the latest adopted tax roll of
Santa Clara County as owning property within 500 feet of the
boundaries of the area occupied or to be occupied by the use which
is the subject of the hearing..
At the public hearing the City Planning Commission shall review
the application and the statements and drawings submitted there-
with and shall receive pertinent evidence concerning the variance,
particularly with respect to the findings prescribed in Section 17.6.
SECTION 17-5 INVESTIGATION AND REPORT
The Zoning Administrator shall make an investigation of the appli-
cation and shall prepare a report thereon which shall be submitted
to the City Planning Commission.
SECTION 17.6 ACTION OF T~E CITY PLANNING COMMISSION
a. The City Planning Commission may grant a variance to a regula-
tion prescribed by this ordinance with respect to fences and
walls, site area, width, frontage, depth, coverage, front yard,
rear yard, side yards, height of structures, distances between
structures or landscaped areas as the variance wa~ applied for
or in modified form if, on the basis of the application, the
report of the Zoning Administrator and the evidence submitted,
the Commission makes the following findings:
(1) That strict or literal interpretation and enforcement of
the specified regulation would result in practical diffi-
culty or unnecessary physical hardship inconsistent with
the objectives of the zoning ordinance.
(2) That there are exceptional or extraordinary circumstances
or conditions applicable to the property involved or to
the intended use of the property which do not apply gen-
erally to other properties classified in the same zoning
district.
(3) That strict or literal interpretation and gnforcement of
the specified regulation would deprive the applicant of
privileges enjoyed by the owners of other properties
classified in the same zoning district.
(4) That the granting.of the variance will not constitute a
grant of special privilege inconsistent with the limita-
tions on other properties classified in the same zoning
district.
(5) That the granting of the variance will not be detrimental
to the public health, safety or welfare, or materially
injurious to properties or improvements in the vicinity.
b. The City Planning Commission may grant a variance to a regula-
tion prescribed by this ordinance with respect to signs as
the variance was applied for or in modified form, if on the
basis of the application, the report of the Zoning Administrator
and the evidence submitted, the Commission makes the findings pre-
scribed in Paragraph a. of this section and the following ad-
ditional findings:
(1) That the granting of the. variance will not detract from
the natural beauty of the city's site or the orderliness
of the community's appearance.
(2) That the granting of the ~ariance will not introduce an in-
harmonious visual element in the .zoning district in which
the sign wo.uld be located.
(3) That the granting of the variance will not create a hazard
to public safety.
c. The City~lanning Commission may grant a variance to 'a regula-
tion prescribed by this ordinance with respe~.~_ to off-street
parking facilities or off~street ioading .facilities, as the
variance was applied for 6~ in modified form if, on the basis
of the application, the report of the Zoning Administrator
and the evidence submitted, the CoTmission makes the findings
prescribed in Paragraph a. ,of this section and the following
additional findings:
(1) That neither present nor anticipated future traffic
volumes generated by the use of the site or the uses
of sites in the vicinity reasonably require strict or
literal interpretation and enforcement of the specified
regulation.
(2) That ~he granting of the variance Will not result in
the parking or loading of venicles on public streets
in such a manner as .to interfere with the free flow
of traffic on the streets.
(3) That the granting of the variance will not create a
safety hazard or any other condition incohsistent ~with
the objectives o£ the zonin~ ordinance.
A variance may be revocable, may be granted'for a limited time
period, or may'be granted subject to such conditions as the Com-
mission Ima~ prescribe.
The City Planning Commission may deny a variance application.
A.variance shall lbecome effective upon the 'expiration of lO days
following the date on which the variance was granted unless an
appeal has been taken to the City Council.
SECTION 17.7 APPEAL TO CITY COUNCIL
An appeal may be taken from a decision of the City Planning
Commission, which decision grants, conditionally grants, denies
or revokes a variance. The 'appeal may be taken by any resident
of the City of Saratoga or any owner of property in the City of
Saratoga.
Appeal shall be 'taken by filing with the City Clerk a written
notice thereof, letter form being sufficient, within lO days from
the date of granting or denial of the applic'ation by the Commission.
The appeal shall be signed by the applicant, and shall set forth
alZ of the grounds for the appeal. The application shall be ac-
companied by a fil'ing fee set by resolution of the City Council
sufficient to cover ~he cost of handling the appeal as prescribed
inthLs article.
No ground for appeal not specifically set forth in the notice of
appeal may be raised or considered at tNe time of hearing of the
~-appeal.
Upon receipt of a notice of app'eal and the filing fee, the .City
Clerk shall set the appeal fo~ hearing befor~ the City Council at
its next regular' meeting that falls not less than lO days after
t~e date of filing of the notice. of appeal. The City Clerk shall
give notice of t~e hearing in ~the same manner 'as notice was given
on the original appl'ication.
SECTION 17.8 ACTION OF CITY COUNCIL
Except as hereinafter set forth, the hearing on the appeal shall
not be a de novo hearing. The City Council shall review the de-
cision of the City Planning Commission to determine only if there
was substantial evidenc'e presented to the Commission to substan-
tiate ~ts ~ecision. The Council shall not consider any evidence
that was not presented to ~he Commission. If the City Council
should at the time of hearing on the appeal determine by a
majority vote of its members present that it wishes to hold a
hearing de novo on the appeal,.then it shall order a hearing
de novo, and shall immediately discontinue any further proceedings
and shall continue the hearing to a future time and place for a
complete rehearing de novo on the City Planning Commission's
decision.
All hearings on an appeal may at the Council's discretion be
continued for one or more further hearings without giving notice,
save for an oral announcement during the hearing or at any such
continued hearing.
The City Council may affirm, reverse, or modify the decision of
the City Planning Commission provided that if a decision denying
s variance is reversed or a decision g~anting a variance is modi-
fied, the Council shall, on the basis of the record and such addi-
tional evigence as may be submitted at a de .novo hearing, make
the findings prerequisite to the granting of a variance prescribed
in Section 17.6 a, 17.6 b, or 17.6 c, whichever is applicable.
A variance that has been the subject of an appeal to the City
Council shall become effective 3 days following the date on which
the variance is granted by the Council.
SECTIO~ 17.9 LAPSE OF VARIanCE
A variance shall lapse and shall become void one year following the
date on which the variance became effective unless prior to the
expiration of one year a building permit is,sissued and construction
is commenced and diligently pursued toward completion on the site
which was the subject of the variance application or s certificate
of occupancy is issued for the site or structure which was the sub-
ject of the variance application. A variance may be renewed. for
an additional period of one year provided that prior to the expira-
tion of one year from the date when the variance originally became
effective, an application for renewal of the variance is made to
· ~ the Commission. The gommission may grant or deny an application
for renewal of a variance.
An appeal may be taken from the decision of the Commission. Upon
the filing of an appeal, the City Council shall review the decision
of the Commission in accord with the procedureSprescribed in
Sections 17.7 and 17.8.
SECTION 17.10 REVOCATION
A variance granted subject to a condition or conditions shall be
revoked by the City Planning Commission if the condition or con-
ditions are not complied with.
An appeal may be taken from the decision of the Commission. Upon
the filing of an appeal, the C~ty.Council shall review the decision
of the Commission in accord with the procedure prescribed in
Sections 17.7 and 17.8.
SECTION 17.11 NEW APPLICATION
Following the denial or revocation of a variance application, no
application for the same or substantially the same variance on the
same or substantially the same site.shall be filed within one
year of the date of denial or revocation of the variance.
ARTICLE 18 AMENDMENTS
SECTION 18.1 PURPOSE
This ordinance may be amended by changing the boundaries of any
district (reclassification) or by changing any district regulation,
general provision, sign regulation, off-street parking or loading
facilities requirement, exception or other provision thereof in
accord with the procedure prescribed in this Article.
SECTION 18.2 INITIATION 0F A~NDNENT
A change in the boundaries of any district may be initiated by
the owner of the property within the area for which a~ch~n~e of
district is proposed or the authorized agent o£ the owner filing
an'application for a change in district boundaries as prescribed
in Section 18.3. If the area for which a change of district is
proposed is in more than one ownership, all the property owners
or their authorized agents shall join in filing the application.
A change in boundaries of any district, or a change in a district
regulation, sign regulation, off-street parking or loading facil-
ities requ~ement, general provision, .exception or other provision
may be initiated by resolution of~the City Planning Commission
or ~by action of the City Council in the form of a request to the
Commission that it conside~r a proposed change, provided that in
either case the procedure prescribed ~n Section 18.4 through 18.8
shall be followed.
~othing herein contained shal.1 prevent the City'Council £rom
acting temporary interim zoning ordinances in accord with Govern-
ment Code Section 65806 of the'Sta~e of California or in accord
with such other or further laws governing the enactment of the
emergency zoning ordinanceS.
SECTION 18.3 APPLICATION AND ~EE
A property owner desiring to propose a change in the boundaries
o~ the district in which his property is located or his authorized
agent may file an application with the City Planning Commission
'for a change in district boundaries cn a form prescribed by the
Commission which shall includ~ the following data:
a. Name and address of the applicant.
b. Statement that the applicant is the. owner of the property
for which the change in district boundaries is.proposed
or the authorized agent of the owner..
c. Address and legal description of the property, and the actual
intended use proposed for the property if rezoned in accord with
the~applic&tion.
iTEe application shall be accompanied by-an accurate scale drawing
~o~f the site and the surrounding area for a distance of at least
500 feet from each boundary of the site showing the'location of
streets and property lines and the names and addresses of the
owners of all the properties.shown on the drawing as such names
appearon~the latest adopted tax rolls of Santa Clara County.
The application shall be accompanied by a filing fee set by reso-
lution of the City Council sufficient to cover the cost of process~
ing.the application as prescribed in this Article, in no event to
be less than the sum of $100.00.
SECTIO~ 18.4 PUBLIC HEARING - NOTICE AND-PROCEDURE
The City Planning Commission shall hold at least one public hear-
~ing on each application for a change in district boundaries and
oneach proposal for a change in district boundaries or of a
district'regulation, sign regulation, off-street parking or load-
ing facilities requirement, general provision, exception or other
provision 6f this ordinance initiated by the Commission or the
City Council within 40 days of the date when the application was
filed or the proposal wasinitiated. ~otice of the public hearing
shall be given not less than lO days or~m~than 30 days prior
to the date of the hearing by publicatiSn~in~a newspaper of gen-
eral circulation within the City of Saratoga. In addition to
publication, when a public hearing is to be held on an application
or a proposal for a change in a distric.t boundary, notice of a
public he~ring shall be given not less than 5 days nor more than
30 days prior to the date of. the hearing by mailing, postage prepaid
,
a notice of the time and place of the hearing to all persons
whose names appear on the latest adopted tax roll-of Santa Clara
County as owning property within 500 feet of .the boundaries of
the area occupied or to be occupied by the use which is the sub-
ject of the hearing.
Upon receipt of an application in proper form in accord with the
preceding section together with the filing fee, or upon receipt
of a request from the City Council, the Secretary of the Planning
Commission shall set the same for public hearing in accord with
this section.
SECTION 18.5 INVESTIGATION AND REPORT
The Zoning Administrator shall make an investigation of the appli-
cation or the proposal and shall prepare a report thereon which
shall be submitted to the City Planning Commission.
SECTION 18.6 ACTION OF CITY PLAN~ING COMMISSION
Within 15 days following the public hearing the City Planning
Commission shall make a .specific finding ss to whether the change
is required to achieve the objectives of the zoning ordinance
prescribed in Section 1.1. The Commission shall transmit a report
to the City Council recommending that the application be granted
or denied or that the proposal be adopted or rejected, together
with a copy of the application, resolution of the Commission, or
request of the Council, the scale drawing of the site and the
surrounding area and all other data filed therewith, the minutes
of the public hearing, the report of the Zoning Administrator
and the findings of the Commission.
The Commission may recommend that an application be granted subject
to the conditional reclassification conditions provided fo~in
Section 18.11 hereof without the same being reset for a further
public hearing, where the use, structure or plan which is the
subject matter of the condition was presented at the public hearing
or posed by the applicant.
SECTION 18.7 ACTION OF CITY COUNCIL ON REC0~ENDATION
Upon receipt of a recommendation from the Planning. Commission that
an application or proposal be denied or rejected~the City Council
shall review the application or proposal, the rep~t of the Com-
mission and of the Zoning Administrator, and may either deny the
application or reject the proposal, or order ~he City Clerk to
set a public hearing on the same within 40 days from receipt of
the Commission's recommendation.
Upon receipt of a recommendation from the Planning Commission that
sn application be granted or a proposal be adopted, the City Clerk
shall forthwith set the same for public hearing before the City
Council at a regular or special meeting to beheld within 40 days
from the Clerk's receipt of the recommendation.
SECTION 18.8 CITY COUNCIL PUBLIC HE~RING
Public hearings before the City Council shall be noticed in the
same manner as provided for notice of such hearings before the
Planning Commission.. Within 15 days after the close of a public
hearing, the City Council s~ll make a finding as to whether the
change is required to achieve the objectives of the zoning '
ordinance prescribed in Section 1.1. If the Council finds that
the change is required, it may enact an ordinance amending the
zoning map or an ordinance amending the regulations of this
ordinance, whichever is appropriate. Where the Planning Commission
has recommended conditional reclassification in accord with Section
18.11 herein, such ordinance may impose such conditions regardless
of whether or not the original application requested such conditional
reclassification. If the Council finds that the change is not so
required, it shall deny the application.
SECTION 18.9 POWER TO TERMINATE PROCEEDINGS
Anything otherwise set forth in this Article to the contrary
notwithstanding, the Planning Commission or the City Council at
any time after the initiation of any public hearing or other
proceeding for amendment to this .ordinance or the zoning map
provided for by this Article or by State law, whether ~commenced
by application of an owner or by the .Commission on its own motion,
may abandon such hearing 6r proceeding by resolution upon the
vote of a majority of all members of such Commission or council,
setting forth the reason for such abandonment i~ the resolution.
In no event may the Planning Commission abandon a ~roceeding
initiated on the motion or request of the C~ty Council.
SECTION l~.lO CHANGES IN PROPOSED AMENDMENTS
In the event the Planning Commission desires to make any change
in the original proposed amendment after meeting ~he requirements
of State law and of this ordinance relative to public hearings
prior to recommending a proposed amendment to the City Council,
or in the event the City Council desires to make any change in
a proposed amendment at or after a Public Hearing, the Planning
Commission. or the City Council~ respectively, may make such
change, and the proposed amendment as changed need not be re-set
for pub'lic hearing before such body as has already held a hearing
~on the original proposed amendment, unless such proposed a~endment
as change.d shall affect:
a. A larger area of land or property than was described in the
original application ~r proposal, or
b. The reclassification to a district~ or the imposition of a
district regulation, sign regulation, or off-street parking
or loading facilities requirement, which woul~ permit a use
· of land or property not permitted by any regulation or use
permit in the district originally included in the proposed
amendment upon which a hearing has been held.
SECTION 18.11 CONDITIONAL RECLASSIFICATION
On any cha~ge of the boundaries of a district, or any change from
one distridt classification to another, where the change is
initiated by the owner or owners in accord with S~'ction 18.3
hereof, and where the: requested change is to a P-D, R-M, P-A,
C, P or M District~ such reclassification may be made subject to
a cohdition subsequent on failure of which the property shall
automatically revert to the dkstrict classification from which
it was changed.
Conditions permitted under the provisions of this section are
as follows:
a. That one of the uses for which the property was reclassified
shall be established, and/or
b. That a particular use represented by the applicant as being
intended by him shall be established,.and/or
c. That a particular-use and/or structure or structures rep-
resented by the applicant as being intended by him shall
be established and constructed, within a specified period
of time, and in a~ord with such plans as presented by the
applicant in requesting the change of zoning granted, the non-
happening of which would in such specified period of time auto-
maticallyreinstate the previous district classification e~isting
prior to the ordinance changing the zone.
.~ ~ ~ -
No such change or reclassification shall be made conditional
under the provisions of this section unless so recommended by
the Planning Commission.
Where a change in zoning classification is grante~ under these
provisions, notation thereof shall be made upon the zoning map
by retaining the previous district classification in parenthesis
( ) with any such other designations as will indicate the con-
ditional nature of the reclassification.
SECTION 18.12 NEW APPLICATION AFTER DENIAL
Followint the denial by the City Council of an ap~li~tion for
a change in district boundaries, no application for the same or
substantially the same change shall be filed within one year of
the date of denial of the application.
SECTI0~ 18.15 A~NEXED AND .UNZONED TERRITORY
All territory which is hereafter annexed to the City, or which
is presently unzoned, or w~ich becomes unzoned through abandonment
of a public street, railroad right of way or other public utility
right of way, shall automatically be classified in the R-l-40,000
district.
The City Planning Commission shall makela study of the territory
to determine in which zoning district it should be classified in
order to carry out the objectives of the zoning ordinance prescribed
in Section 1.1. If the Commission finds that a change of district
is required, it shall i~itiate the change as prescribed in Section
18.2. The owner of annexed property or the au~orized agent of the
owner. may file an application for a change in district' as prescribed
in Section 18.2.
ARTICLE 19 CERTIFICATE OF OCCUPA/MCY
SECTION 19.1 PURPOSE
To ensure that each new or expanded use of a structure or site
and each new structure or alteration of an existing structure
complies with all applicable provisions of~is ordinance, and
in order that the City may have a record of each new or expanded
use of a structure or site, a certificate of occupancy is required
before any structure or site may be occupied or used.
SECTION 19.2 CERTIFICATE REQUIRED
No structure erected, moved, altered or enlarged after the effective
date of this ordinance shall be occupied or used, and no site
shall be initially occupied or used after the effective date of
this ordinance until a certificate of occupancy shall have been
issued by the Zoning Administrator.
SECTION 19.3 APPLICATION
Application for a certificate of occupancy shall be filed with the
Zoning Administrator on a. form prescribed Oy the City Planning
Commission prior to the erection, moving, alteration or enlargement
o~ any structure and prior to the commencement of a new use or a
change in use of any structure or site.
SECTION 19.4 ISSUANCE
The Zoning Administrator shall issue a certificate.of occupancy upon
receipt ~f written notice that the structure or site is ready for
occupancy or use and after he has inspected the structure or site,
provided that the structure or site and the intended use thereof
conform with the regulations for the district in which it is located
and all other applicable provisions of ~is ordinance.
ARTICLE 20 ENFORCEMENT
SECTION 20.1 PERMIT.S, CERTIFICATES AND LICENSES
All officials, departments and employees of the City of Saratoga
vested with the authority or ~uty to issue permits, certificates
or licenses shall comply with the provisions of this ordinance
and shall issue no permit, c'ertiEicate or license which c'onflicts
with the provisions of this ordinance.
Any permit, certificate or license issued ini~onflict with the
provisions of this ordinance shall be void. ~'
SECTION 20.2 DUTIES' OF ZONING ADMINISTRATOR
The Zoning Administrator shall. be the official responsible for
the enforcement of this ordinance. In the discharge of this
duty the Zoning Administrator shall have the right to enter on
any site. or to enter any structure for the purpose of investiga-
tion and inspection, provided that the right of entry shall be
exercised only at reasonable hours and tha~ in no case shall any
structure be entered in the absence of the owner or tenant with-
out the written order of a coturt of competent jurisdiction.' The
Zoning Administrator may serve notice requiring the removal of any
structure or use in~i~lation of this ordinance on the owner or
his authorized agent,~o:n a' tenknt, or on 'an architect, builder,
contractor or other person who ~ommits or participates in any
v'iclation. The Zoning Adminis'trator may call .upon the City Atu
torney to institute necessary legal proceedings to enforce the
provisions Of this ordinance, and the City Attorney hereby. is
authorized to' institute appropriate actions to that end. The
Zoning Administrator may call upon the Chief of. Police 'and his
authorized agents to assist in the enforcement of this ordinance.
SECTION 20.3 VIOLATIONS--PENALTIES
Any person, firm, corporation or organization violating any pro-
vision of this ordinance shall be guilty of a misdemeanor and
upon conviction thereof shall be punishable by a fine of not
more than $500 kud by imprisonment for a term not exceeding
6 months, or by both a fine and imprisonment. A persoh, firm,
corporation or organization shall be deemed guil. ty of a seps~rate
offense for each day during any portibn of which a violation of
this ordinance is committed, continued or permitted by the person,
firm, corporation or organization and shall be punishable as
herein provided.
Any structure erected, moved, altered, enlarged or maintained
and any use of a site contrary to the provisions of this ordinance
shall be and is hereby declared to be unlawful and a public
nuisance, and the City Attorney'shall immediately i~titute
necessary legal proceedings for the abatement, remo~kl and en-
joinment thereof in the manner provided by law and shall take
such other steps as may be necessary to accomplish. these ends,
and shall apply to a court of competent Surisdiction. to'grant
such relief as will remove or abate the structure or use and
restrain or enjoin the person, firm, corporation or organization
from ere'cting, moving, altering or enlarging the structure or
using the site contrary to the provisions of this ordinance.
All remedies provided for herein shall be cumulative and not
exclusive.
SECTION 20.4 VOIDABLE CONVEYANCES
Any deed of conveyance, sale or contract to sell made contrary
to the provisions of this ordinance shall be voidable at the sole
option of the grantee, buyer or person contracting to purchase,
his heirs, personal representative or trustee in insolvency or
bankruptcy, within one year after the date of execution of the deed
of conveyance, sale or contract to sell, but the deed of conveyance,
~ale or contract to sell is binding upon any assignee or transferee
Of the grantee, buyer or person contracting to purchase other than
those above enumerated, and upon the grantor, vendor or person
contracting to sell or his assignee, heir or devisee.
ARTICLE 21 ENACTMENT
SECTION 21.1 INCONSISThN~I ORDINANCE REPEALED
Ordinance Nos. 3, 3-A, 3-A1, 5-A6, 3-PAl, 3-A8, 3-A81, 3-A82,
3-A83, ~-AIO, 3-All, 3-A12, 3-A13, 3-B, 25, 25-1, 25-ZC-1, and Or-
dinances Nos. 3-AZC-1 through 3-AZC-20 are hereby repealed. All
ordinances and parts of ordinances inconsistent with the provisions
of this ordinance are hereby repealed insofar as they are incon-
sistent with the provisions hereof.
SECTI0h 21.2 CONSTITUTIONALITY
If any article, section, subsection, paragraph, sentence, clause
or phrase of this ordinance for any reason shall be held to be
invalid or unconstitutional, the decision shall no-t affect the
remaining portions of this ordinance.
The City Council of the City of Saratoga hereby declares that
it would have enacted this ordinance and each article, section,
subsection, pa.n.agrapn, sentence, clause and phrase thereof irrespec-
tive of the fact that any one or more articles, sections, subsec-
tions, paragraphs, sentences, clauses or phrases are declared 'Co
be invalid or unconstitutional.
SECTIO~ 21.3 REFEi~E~CE
This ordinance shall be known and cited as the Zoning Ordinance
of the City of Sar'atoga.
SECTIO~ 21.4 ENACTMENT
This ordinance shall be operative and take effect on and after
thirty (3D) days from its date of passage.
This ordinance, e~fter public hearings by the Planning Commission,
was thereafter introduced and public hearing held thereon by the
City Council thereof, and was thereafterpassed and adopted this
16th day of August, 1961, by the following vote:
AYES: Glennon, Drake~ Hartman, Langwill
NOES: None
ABSENT: Brazil
(Signed) W. E. Glennon,
I~YOR
(Attest) Gordon H. Howe
CITY CLERK