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HomeMy WebLinkAboutNS-3.12 ORDINANCE NS-3F12 AN ORDINANCE AMENDING ORDINANCE NS-3 OF THE ZONING ORDINANCE OF THE CITY OF SARATOGA, CLARIFYING CER- TAIN DEFINITIONS OF SECTION 1.5, ADDING THE DEFINI- TION OF KEEPING, AMENDING SECTIONS 2.3 (e), 3.2 (e5 AND 3.3 (e), RELATING TO THE KEEPING OF HORSES. The City Council of the City of Saratoga hereby ordains as follows: SECTION 1: Subsection ss of Section 1.5 of Ordinance NS-3, defining "Site" is hereby amended to read as follows: ss - SITE - A parcel of land, subdivided or unsubdivided, occupied or to be Occupied by a use or structure, the area of which, and the property interest required for which, to be in accord with the definition of site area. - SECTION 2: There is hereby added to Subsection rr of Section 1.5 ~ of Ordinance NS-3, defining "SINGLE OWNERSHIP", the following paragraph: "Any use conducted on a site by a Lessee in possession under any lease for a term of less than l0 years shall be deemed to be con- dusted by the Lessor, unless the terms of the lease specifically permit the Lessee to conduct the use in question, in which latter case the use shall be'deemed to be conducted on a site in single ownership by the Lessee, but only for the term of the lease. SECTION 3: There is hereby added to Section 1.5 of Ordinance NS-3 .,/' the following subsection v.l: v.l: KEEPING: In relation to the use of the keeping of animals, the term keep or keeping shall mean the harboring or maintaining or pos- session ~f any animal on a site together with the maintenance of said animal by the feeding or otherwise supplying of necessities of life to the same; it shall be presumed that any animal physically present on a site ~for a continuous period in excess of ~2 hours is being kept within the meaning of this definition, by the owner or other posessot of the site. SECTION 4: There is hereby added to Section 1 of Ordinance NS-3 the following Subsection 1.2rl; Sestion 1.2-1: Equestrian Zones THe Zoning Ordinance shall also consist of an Equestrian Zoning Map, which may either be a separate map or may be superimposed upon the zoning map above- referred to, which designates certain portions of the City of Saratoga as being in Equestrian Zonel. ~SECTION 5: Section 1.6 of Ordinance NS-3 is hereby amended by adding to it the following zoning classification: ~ Equestrain Zbne 1 SECTION 6: THere is hereby added to Section 1 of Ordinance NS-3 the following Subsection 1.8-1: -1- SeCtion 1.8-1: Adoption of Equestrian Zonin~ Map The Equestrain Zoning Map referred to in Section 1.2-1, the original of which is attached hereto and duplicate original of which ~re~onDf~e with the City Clerk and certified as being the map adopted herein, is hereby incorporated herein by reference. All of the area shown as crosshatched on the Equestrain Zoning Map is hereby .designated as Equestrain Zone 1. Any and all changes in said equestrian zone and map shall be subject to all of the provisions of Section 1.9 hereof. SECTION~Z: Subsection (f) of Section 2.2 of Ordinance NS-3, relating to permitted uses in an agricultural district and Sub- section (e) of Section 3.2 of Ordinance NS-3, relating to permitted uses in an R-1 (Residential) district, each are amended to read as follows: Private stables for the keeping of, or the keeping of, one hor. s~ for each 40,000 square feet of site area, subject to the regula- tions and license provisions Of Division 5, Article 1 of Chapter '~ of the Saratoga City Code, provided that no stable or corral shall b&;located closer than 50 feet to any property line of the site or to any dwelling or swimming pool on the site, nor closer than 100 feet to any dwelling not on the site, except that a corral may be located no'less than 30 feet from the right-of-way of any side or rear street bordering on the site; and provided further, in Equestrain Zone (1) only, that one additional horse may be permitted on the first 40,000 square feet of site area, and an additional horse for each additional 40,000 square feet of site area, upon the obtaining.of a h~rse license therefor in accord with the above-referred to provisions of the Saratoga City Code. SECTION 8: Subsection (e) of Section 2.3 of Ordinance NS-3,. relating to conditional uses in agricultural districts, and Sub- section (e) of Section 3.3 of Ordinance NS-3, relating to conditional uses in R-1 (residential) districts are each amended to read as follows: (e) Community stables, as defnined in Section 8-35.2 of the.Saratoga City Code, on a site area satsifactory to the Planning Commission, subject to the regulations of Division 5, Article~l, Chapter 8 Of the Saratoga City Code, and pro- vided that no stable or corral shall be located any closer than 50 feet to the property line of a site or to any dwelling or swimming pool on the site, or any closer than 100 feet from any other dwelling or swimming-pool not on the site. seCtion,'suBsection, sentence, clause or phrase of this ordinance is for any reason held.by a court or com- petent jurisdiction to be invalid, such decision shall not affect the validity of the ramining portions of this ordinance. The City Council of the City of Saratoga hereby declares that it would have passed this ordinance and each section, subsection,' sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsection, sentences, clauses or phrases be held invalid or unconsitutional. -2- The above and foregoing ordinance was introduced and was there- after passed and adopted at a regular meeting of the City Council of the City of Saratoga on the 21 ~ay of February , 196Z~,~by the following vote: AYES: Councilmen Glennon,Tyler, Burry, Robbins NOES: None ABSENT: Councilman Hartman ATTE S T: '~ ,T~,,~~ The above and foreg in is~a true and correct copy 0f Orc'.n~nce"g~]./which has beer~ p~:li.~%¢d ~ccording to law. Deputy City Clerk ~ Date"'