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2014/04/23 Council Agenda Packet
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2014/04/23 Council Agenda Packet
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Council Agenda Packet
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4/23/2014
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9 <br /> 9. The Project will be restricted exclusively to student housing. The use and the parking <br /> requirements established by this Ordinance can be changed only as described in <br /> Subsection 6 of this Section(for parking only), or by Council amending this Ordinance <br /> upon a funding that such change is in the best long-term interest of the community. <br /> Section 3. Violation. Failure to comply with any provision of this Ordinance will constitute a <br /> violation of the City's Zoning Code. Further,the City is authorized to apply to any court with . <br /> jurisdiction and any court upon hearing and for cause shown,may grant a preliminary,temporary <br /> or permanent injunction restraining any person, firm or corporation from violating any provision <br /> of this Ordinance and compelling compliance therewith. The violator shall comply with the <br /> injunction and pay all costs,including reasonable attorney's fees, incurred by the City in seeking <br /> • the injunction. <br /> Section 4. Effective Date-Termination. This Ordinance becomes effective 15 days after the <br /> date it becomes valid. This Ordinance shall terminate and become null and void if Footprint has <br /> failed obtain building permits for the student housing on the Property and commenced <br /> construction of the student housing building prior to December 31,2015. <br /> Section 5. Severability. Should any section,paragraph, clause or phrase of this Ordinance, <br /> or its application to any person or circumstance,be declared unconstitutional or otherwise invalid <br /> for any reason, or should any portion of this Ordinance be pre-empted by state or federal law or <br /> regulations, this shall not affect the validity of the remaining portions of this Ordinance or its <br /> application to other persons or circumstances. <br /> Section 6. Amendment- Conflict. Section 34 of Ordinance No. 1671-89 (EMC. <br /> 19.343.020) and Section 7 of Ordinance No. 2347-98 (EMC 3.78.070 D7a), as amended, are <br /> hereby amended to specifically authorize off-street, off-site parking which parking is on non- <br /> contiguous property for the pilot program for student housing and associated off-site parking for <br /> student housing in the Central Business District authorized by this Ordinance. In the event there <br /> is a conflict between the provisions of this Ordinance and any other City ordinance including <br /> Section 34 of Ordinance No. 1671-89 and Section 7 of Ordinance No. 2347-98, as amended,then <br /> the provisions of this Ordinance shall control. <br /> Section 7. Corrections. The City Clerk and the codifiers of this Ordinance are authorized to <br /> make necessary corrections to this Ordinance including,but not limited to;the correction of <br /> scrivener's/clerical errors,references,ordinance numbering, section/subsection number and any <br /> references thereto. <br /> Section 8. General Duty. It is expressly the purpose of this Ordinance to provide for and <br /> promote the health, safety and welfare of the general public and not to create or otherwise <br /> establish or designate any particular class or group of persons who will or should be especially <br /> protected or benefited by the terms of this Ordinance. It is the specific intent of this Ordinance <br /> 5 <br /> 52 <br />
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