Ordinance 3380-14 - Laserfiche WebLink

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