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HomeMy WebLinkAboutNS-3.34 ORDINANCE NO. NS-3.34 AN ORDINANCE AMENDING ORDINANCE NS-S OF THE CITY OF SARATOGA, THE ZONING ORDINANCE, BY ADDING ARTICLE 23 THERETO RELATING TO TEMPORARY USES IN ALL ZONING DISTRICTS OTHER THAN RESIDENTIAL The City Cduncil of the City of Saratoga does hereby ordain as follows: Section:l. Article 23 is hereby added to Ordinance NS-3, the Zoning Ordinance of the City of Saratoga, to read as follows: ARTICLE 23 TEMPORARY USES Section 23.1. Definition of Temporary Use. The term "femporary use" as used herein means such artistic, cultural, social or similar activity, as hereinafter more particularly itemized, whether profit or non-profit, conducted for a limited period of time not to exceed five (5) days on any property, public or private, located in the City of Saratoga, in any zoning district other than a residential zoning district. Section 23.2. Temporary Uses Allowed by Permit. The hereinafter described temporary uses may be permitted in any zoning district in the City other than residential, with the exception of school and church sites in residential zones, upon the prior obtaining of a Temporary Use Permit ther~Eor from the Planning Director: (1) art shows (2) craft shows o~tdoorsat~s~(on private property) (4) antique shows additional temporary uses added by the City Plan~ing Commission in accord with Section 23.6 (6) temporary on-site and off-site signs in conjunction with the above uses. Section 23.3. Application and Fee. Application for a Temporary Use Permit shall be made to the Planning Director at least thirty (30) days prior to the proposed date of event. Such -1- application shall be made on a form prescribed by such Director, which shall include or be accompanied by: (1) Filing fee in accord with Resolution No. 700 (2) Name and address of applicant (3) Statement that the applicant is the owner of the property or is the authorized agent of the owner (4)Address or description of property (5) Two (2) copies of aisite plan which is to include the following: (a) Designation of area to be occupied by the use (b) Existing structures and improvements (c) Provision f6r off-street parking (d) Site location diagram (e) Identification of adjacent property owners and uses (6)A written d~scription of the event to include: (a) Activities planned during event (b) Days and hours of operation (c) Sales of goods (if any) (d) Number of people involved in operating the event and number of people anticipated to attend ~e) Explanation of how and where food (if any) is to be served (f) E.x~lanation of the number and location of sanitary facilities to be provided (7) A location diagram and drawing of any temporary signs proposed for identification of the use or off-site direction to the use. Off- site sign proposals must be accompanied by written statments of authorization signed by the owners of sites on which said signs are to be located. Section 23.4. Power of Planning Director. The Planning Director may grant a Temporary Use Permit if he finds that such use is compatible with the purposes and objectives of this Ordinance, and in doing so shall impose shch reasohable conditions as circumstances may require, including in all cases the following mandatory conditions: (1) Submit a two hundred dollar ($200.00) refundable clean-up deposit. (2)No event is to start before ~.~:00 A.M. nor continue to operate past 6:00 P.M. (3)If food is to be served, a letter of approval must be submitted from the County Health Department. (4)Approval from the Fire District and Shefiff's Department.: (5)A_p~roval for the identical useiby the same applicant shall not be ;given more than once in a ll2-month period. (6) provide~ar~aadequa~e sanitary facilities. (7) Temporary signs, if approved by the Planning Director, shall not be displayed more than three (3) days before the event and shall betremoved on the last day of operation of the event. The Planning Director may also deny any application which is detrimental to the public health, safety or welfare or which is in conflict with the objec- tives of the Zoning Ordinance. -2- Section 23.5 Applicability of Other Provisions Nothwi thstanding the foregoing, any activity whteh would otherwise qualify as a temporary use hereunder on City-owned or City-controlled public properties shall continue to be governed by Chapter 11 (Parks and Recreation) and by Article V of Chapter 13 (Encroachments) of the Saratoga City Code, rather than by the provisions of this Article. Nothing herein contained shall relieve compliance with the provisions of Sections 4-1 through 4-11 of the Saratoga City Code as to any use or activity listed above which also could come within the provisions of said Code. Section 23.6 Addition of Temporary Permitted Uses. Upon application oF upon its own ini tiati ve the City Planning Commission may add one or more temporary uses to the list there6f hereinabbve~set forth in Section 23.2 hereof, so long as the same comes within the definition of temporary use as hereinabove set forth in Section 23.1 upon making the findings that such use will not be detrimental to the public heal'th, safety or welfare and will not adversely affect the character of any zoning district, and will not create odor, dust, dirt, smoke, noise~-Vibration,'illQmination, glare, unsightliness, hazard of fire or explosion, or other objectionable influence. When a temporary use has been added in accord with the above procedure, such use shall be deemed to be listed as a temporary use under Section 23.2 hereof and shall be added to the list thereof when this Ordinance is next published, with'the notation of the date when the same was so added by action of the Planning Commission. Section 23.7 Appeal to City Council. Upon the granting or denial of any such permit by the Planning Director, all parties shall have the right to appeal such decision directly to the City Council of this City, which appeal shall be a hearing de nova, and which appeal shall again be substantially in accord with the public hearing notice and pro- cedure set forth'in Section 16.7 of this Ordinance? The City Council may affirm, reverse, or modify the decisionof the Planning Director, add the deci- sion of the Council shall be final and conclusive upon all parties. Once~a Temporary Use Permit has been issued and the applicant has expended substantial sums in reliance thereon, and the time for appeal has expi.red, the same shall be permanent and irrevocable. This ordinance was regularly introduced and after the waiting time required by law was thereafter passed and adopted at a regular meeting of the City Council of the City of Saratoga held on the 21st day of April , 1976, by the following vote: AYES: Councilmen Brjdge~ Brigham, Krau~ Co~ & Matte~ni NOES: None / ~ 2~ -- 'S ~ / ~ ~ ,~~ ~ above a~ forenoing is ["~'Og and correct ~' : k L. "- Z ~ ? copy of Otdinance ~=;~;;~ wi~ich has been ATTEST ~ ~ 6E ~ The2 ~ . ~ ~ '~%-~,'~ published according to law,