HomeMy WebLinkAbout20220502 Advisory Opinion to Council - UDO Amendments - DRB Amendments DESIGN REVIEW BOARD —PROPOSED AMENDMENTS 1 and 2:
Article 13. Land Use Board Applications
13.1 LAND USE BOARD APPLICATIONS SUMMARY TABLE
13.2 APPLICATION
13.3 NOTICE
13.4 SPECIAL USE
13.5 SITE PLAN REVIEW
13.6 WATERCOURSE/WETLAND PERMIT
13.7 LAND DISTURBANCE ACTIVITY PERMIT
13.8 TEMPORARY USE PERMIT-PLANNING BOARD APPROVAL
13.9 DESIGN REVIEW
13.10 VARIANCES-AREA AND USE
13.11 ZONING INTERPRETATION
13.12 ZONING DETERMINATION
13.13 SIGN PERMIT
13.14 TEMPORARY USE PERMIT-ZONING OFFICER APPROVAL
13.15 ZONING TEXT AND MAP AMENDMENT
13.16 PLANNED UNIT DEVELOPMENT
13.1 LAND USE BOARD APPLICATIONS SUMMARY TABLE
A. Table 13-A:Land Use Board Applications Summary summarizes the recommendations and approval authority
of the land use board applications of this Article.
B. Subdivision applications are regulated by Article 14.
.�- � � - :�. � ��� �
Application Recommendation Approval
PLANNING BOARD APPLICATIONS
Special Use -- Planning Board
Site Plan Review(Full) -- Planning Board
Planned Unit Development:Final Site Plan Planning Department Staff Planning Board
Administrative Site Plan Review __ Chair of Planning Board with City Planning
Department staff
Watercourse/Wetland Permit -- Planning Board
Land Disturbance Activity Permit -- Planning Board
Temporary Use Permit-Planning Board Approval Zoning Officer Planning Board
DESIGN REVIEW BOARD APPLICATIONS
Design Review:Historic Review and Architectural Review -- Design Review Board
ZONING BOARD OF APPEALS APPLICATIONS
Use Variance -- Zoning Board of Appeals
Area Variance -- Zoning Board of Appeals
Zoning Interpretation -- Zoning Board of Appeals
ZONING OFFICER APPLICATIONS
Zoning Determination -- Zoning Officer
Sign Permit __ Zoning Officer
(Building Inspector issues permit)
Temporary Use Permit-Zoning Officer Approval -- Zoning Officer
:1 � � :•. � �1 1 •
Application Recommendation Approval
CITY COUNCIL APPLICATIONS
Text or Map Amendment Planning Board City Council
Planned Unit Development:Development Plan Planning Board City Council
13.2 APPLICATION
A. Filing,Pre-Application Conference,and Referrals
1. All land use board applications must be filed with the Planning Department Staff.The application must be on
forms provided by the City and filed in such quantity as required by the instructions.
2. Applications to amend the Zoning Map or Zoning Text and applications for Planned Unit Developments must
be filed in the Office of the Mayor.The application must be on forms provided by the City and filed in such
quantity as required by the instructions.
3. Prior to formal submittal of an application, the applicant may request a pre-application conference with
Planning Department Staff. The purpose of a pre-application conference is to provide informal advice and
assistance to the applicant.Any opinions or advice provided are not binding with respect to any official action that
may be taken on the formal application.
B. Completeness
1. An application must include all information,plans,and data as specified in the application requirements to
the satisfaction of reviewing staff.Any required plans must be at a scale sufficient to permit a clear and precise
understanding of the proposal,unless specifically required to be at a set scale.
2. The Planning Department Staff will examine all applications for completeness. If the application does not
include all the submittal requirements for the application,Staff will reject the application and provide the applicant
with the reasons for the rejection.Staff take no further steps to process the application until all deficiencies are
remedied.
3. After an application is determined to be complete, any substantive change made by the applicant to the
application requires resubmittal of the entire application and a new completeness review.
4. Once the application is under consideration by the appropriate body,additional information,or revisions are
not subject to this provision.
C. Fees
Each application must be accompanied by the required filing fee as established and modified,from time to time,by
the City Council.The failure to pay such fee when due is grounds for refusing to process the application and renders
the application incomplete.If an application is submitted by the City Council or other official City board,then fee
requirements are waived.
D. Applicant Withdrawal of Application
An applicant has the right to withdraw an application at any time prior to the final decision on the application by any
board or official,including the ability to withdraw the application if it has been tabled by a board or official.The
applicant must submit a request for withdrawal in writing or on the record.There will be no refund of fees.
E. Default Withdrawal of Inactive Application
Following a request for an applicant to submit a revised application,if the applicant has not submitted a revised
application within six months,and has not been granted an extension of time,the application will be considered
withdrawn by default.There will be no refund of fees.
F. Acting Upon Submitted Application
The applicable land use board may act upon the information available to them at any time once an application comes
before them.This includes acting upon applications where a revision has been requested by the Board but not yet
submitted within the timeframe provided by the Board.
G. Consideration of Successive Applications
The same application,once denied,cannot be resubmitted unless the applicant can show that there is substantial
new evidence available or that circumstances have substantially changed.
H. Restrictions on Applications
No application will be accepted,no hearing will be conducted,and no decision will be made on any application that
includes a property for which there is an outstanding,unresolved written violation from the Zoning Officer,Code
Administrator,or their authorized designee which cannot be cured by the application in question.
13.3 NOTICE
A. Required Notice
Table 13-B:Required Notice indicates the types of notice required for Land Use Board applications as applicable.
�- : '-� -� •
Notice Type
Zoning Application Published Mailed Posted On
Property
Zoning Text Amendment J
Notice for Public Hearing
Zoning Map Amendment ✓ ✓ ✓
Notice for Public Hearing
Special Use ✓ ✓ ✓
Notice for Public Hearing
Planned Unit Development-Development Plan ✓ ✓ ✓
Notice for Public Hearing
Variance-Area or Use ✓ ✓ ✓
Notice for Public Hearing
Site Plan Review J
Notice for Public Meeting
Historic Review** �
Notice for Public Meetinq —
Architectural Review** �
N�tic�fcr Public�4�eetin�� —
Historic Review-Demolition J
Notice for Public Meeting
Architectural Review-Demolition J
Notice for Public Meeting
Historic Review-Demolition of Significant Structure � J J
Notice for Public Hearing
Architectural Review-Demolition of Significant Structure J J J
Notice for Public Hearing
Historic Review Approvals* J
.��c�i��c��ral���i�w�� �r����p�� �
Zoning Interpretation ✓ ✓ ✓
Notice for Public Hearing
Subdivision
Notice for Public Hearing ✓ ✓ ✓
Subdivision applications are regulated by Article 14
*Projects that have been reviewed and approved by the Design Review Board.See Section 13.9.G.2.h
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B. Published Notice
1. When a published notice is required,the City will publish notice in a newspaper of general circulation within
the City.Notice must be published at least five days in advance of the scheduled hearing date.
2. The applicant is responsible for payment for this notice.The notice must include the date,time, place,and
purpose of the hearing or meeting,and the address of the subject property.
3. A zoning text or map amendment must be posted conspicuously at or near the office of the City Clerk for at
least two weeks following published notice and a copy of the amendment or map must be made available for
inspection at the office of the City Clerk.
C. Mailed Notice
When mailed notice is required,it must be in accordance with the following provisions:
1. The applicant will mail via first class mail notice no less than seven and no more than 20 days in advance of
the scheduled hearing or meeting date to all property owners within 250 feet of all lot lines of the subject property,
with the exception of area variances where notice will be mailed to all property owners within 100 feet of all lot
lines of the subject property.
2. The notice must include the date,time,place,and purpose of such hearing or meeting,and the address of
the subject property as provided by the City.
3. When a zoning map amendment is proposed by the City,notification must also be mailed to the owner of the
subject property.
4. Nothing in this section is intended to prevent the applicant or the City from giving additional notice as he/she
may deem appropriate. Applicants are encouraged to provide additional courtesy notice to the tenants of all
properties noticed in item 1 above.
5. Prior to the public hearing or meeting, the applicant must submit a confirmation of the mailed notice by
obtaining a certificate of mailing provided by the US Postal Service.
D. Posted Notice
When posted notice is required,it must be located on the subject property in accordance with the following provisions:
1. The applicant must install a required sign in compliance with City standards for such posted notice.Prior to
the hearing or meeting,the applicant is responsible for filing an affidavit with the Planning Department confirming
posting of notice.
2. The start of the required posting period must be no less than seven days and no more than 20 days in advance
of the scheduled hearing date.
3. The sign must be posted at a prominent location on the property,near the sidewalk or public or private right-
of-way so that it is visible to pedestrians and motorists.
4. Properties with more than one street frontage are required to post one sign visible on each street frontage.
5. Posted signs may be removed upon the close of the public hearing.
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�. Zoning Map Amendments proposed by the City of Saratoga Springs shall be exempt from the�----- Formatted•Indent:Left: 0.5",Space After: 0 pt,Line
requirements of posted notice on the subject property. spacing: single
�b._ Applications for Historic Review under Section 13.9.F.1.b,c,e.iv,f,g.i,�.ii,g.iii,and h. �� Formatted:Font:Bold
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c.. _A�plications for Architectural Review under Section 13.9.F.2.b,c,d,f,and g_ ___________�� Formatted:Indent:First line: 0.25",Space After: 0 pt,
Line spacing: single
E. Additional Notice `
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1. Saratoga County Planning Board °
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a. Any proposed application that meets the referral requirements of General Municipal Law Section Line spacing: single
239-m will be referred to the Saratoga County Planning Board for its review prior to the public hearing. No
action will be taken on any application until an advisory recommendation has been received from the County
Planning Board or 30 calendar days have passed from when the County Planning Board received the full
statement.These applications are as follows:
i. Special use
ii. Zoning Map or Text Amendment
iii. Variance-area and use
iv. Planned unit development
v. Site plan review
b. If the Saratoga County Planning Board recommends modification or denial of a proposed action,the
appropriate body cannot act contrary to such recommendation except by a vote of a majority plus one of all
the members thereof.
DESIGN REVIEW BOARD — PROPOSED AMENDMENTS 3 and 4:
Part II: Design Review Board Applications
13.9 DESIGN REVIEW
A. Historic Review and Architectural Review Overlay Districts
This section provides the process for Design Review Board review within the Historic Review and Architectural Review
Overlay Districts.
B. Purpose
1. Historic Review
It is hereby declared that the protection,enhancement,and perpetuation of landmarks and historic districts are
necessary to promote the economic,cultural,educational,and general welfare of the public.The City of Saratoga
Springs has many significant historic,landscape,architectural,and cultural resources that constitute its heritage,
therefore the historic review process is intended to:
a. Protect and enhance the landmarks and historic districts which represent distinctive elements of the
City's historic,architectural and cultural heritage.
b. Foster civic pride in the accomplishments of the past.
c. Protect and enhance the City's attractiveness to visitors thereby providing support and stimulus to
the economy.
d. Ensure the harmonious,orderly and efficient growth and development of the City.
In keeping with this intent,the City hereby establishes a coordinated and comprehensive approach to preserve
City Landmarks and Historic Districts,and the procedure for maintaining architectural standards in the construction,
alteration and removal of buildings and landscapes within these areas.
2. Architectural Review
The City finds that appropriate architectural design and the consistent quality of building exteriors directly contribute
to the positive value of real property,the enhancement of community character,and the health,safety,and general
welfare of the City's residents.Therefore,the intent of this section is to provide architectural standards for the
construction,maintenance,and enhancement of structures within designated areas of the City.
C. Delegation to Design Review Board
The Design Review Board("Board")is hereby charged with the responsibilities of administering and carrying out the
intent,process and actions established in this Section.
D. Composition of Design Review Board
1. Appointments
The Board shall consist of seven members,to be appointed by the Mayor,to represent to the extent possible a
broad cross-section of the community with demonstrated experience in historic preservation, architectural
development and local history in addition to the following:
a. At least one shall have demonstrated commitment to the field of historic preservation evidenced either by
involvement in a local historic preservation group,employment or volunteer activity in the field of historic
preservation,or other serious interest in the field.
b. At least one shall be an architect or related design professional.
c. At least one shall be a local realtor or other real estate professional.
d. At least one shall have construction experience working with historic buildings.
e. All members shall be residents of the City of Saratoga Springs including at least one resident of a Historic
District and one resident of an Architectural Review District.
2. Term of Office
The term of each Board member shall be five years beginning on July 1 and members shall serve on a rotating
schedule.Initial terms may be for lesser years so as to effectuate a staggered sequencing of inember terms.On
an alternating basis,two member terms will expire one year with one member term expiring the next year. A
member whose term has expired may serve until replaced.
3. Vacancy
If a vacancy occurs other than by expiration of a term, it shall be filled by appointment by the Mayor for the
unexpired term.
4. Removal
Any member,or alternate member,may be removed by the Mayor for cause and after public hearing.
5. Alternate Members
The Mayor may appoint up to two alternate members to serve in the place of Board members who are unavailable
to attend a meeting due to recusal or other absence.
a. In the selection of alternate members, preference may be given to former Board members or other
residents that demonstrate the experience and knowledge considered for original appointments and as
identified in 13.9.D.1 above.
b. Full Board attendance is encouraged at all meetings.When fewer than six members are able to attend a
meeting,alternate members shall be called upon to serve in the place of an absent member.
c. When serving in the place of a member,the alternate member shall have the full rights and obligations of
a member.Alternate members not serving in place of a member may not participate as a Board member
in the discussion of agenda items at Board meetings or workshops or any subcommittee thereof.In the
event a Board member is available to once again serve with regard to a matter because he/she is no
longer absent or recused,the alternate member will no longer serve with regard to said matter.
d. All provisions of law relating to Board member eligibility,terms,vacancy in office,removal,compatibility
of office and service on other boards,training,continuing education,compensation,and attendance shall
apply to alternate members,except that there shall be no requirement that an alternate member be a
property owner in an historic or architectural review district.
E. Authority and Duties
1. The Design Review Board reviews and approves historic review and architectural review applications.
2. The Design Review Board will promote the following objectives in the Historic Review Overlay District:
a. To prevent the demolition or destruction of significant structures,terrain,landscape,or scenic views.
b. To eliminate existing incongruous structures or other blighting factors and prevent the creation of any
new such conditions.
c. To preserve and enhance the historic context and setting within the Historic District.
d. To assure architectural compatibility such as aesthetic, historical and architectural values,
architectural style,design,arrangement,texture,material,and color.
e. To encourage and maintain appropriate protective restrictions such as easements, covenants, or
similar agreements.
f. To improve the integrity of the Historic Districts through economic and other incentives.
3. Employ experts,staff and legal counsel,or appoint such citizen advisory committees as may be required to
carry out Board duties within the Council-approved budget.
4. Administer on behalf,and at the request,of the City Council any full or partial interest in real property that the
City may have received.
5. Accept and administer on behalf of the City such grants and funding as may be appropriate for the purposes
of this Article.
6. Recommend to the City Council the adoption of ordinances designating properties or structures having special
historic,community,cultural or architectural value as landmarks or Historic Districts.
7. Keep a register of all properties and structures that have been designated as landmarks or historic districts
including all information required for each designation.
8. Propose or sponsor the nomination of landmarks and historic districts to the National Register of Historic
Places and review and comment on any National Register proposed nominations submitted to the City Council or
State Historic Preservation Office.
9. Maintain a directory of architectural styles.
10. Develop specific design guidelines for the alteration,construction or removal of landmarks or property and
structures within historic districts.
11. Conduct surveys to identify historically and architecturally significant properties,structures,landmarks and
areas that exemplify the cultural,social,economic,political or architectural history of the Nation,State or City.
12. Inform and educate the citizens of Saratoga Springs concerning the historic and architectural heritage of the
City.
13. Advise and guide property owners on physical and financial aspects of preservation,renovation,rehabilitation
and reuse,on procedures for inclusion on the National Register of Historic Places,and on participation in State
and Federal historic preservation programs.
14. Confer recognition upon the owners of landmarks or property or structures within historic districts by means
of certificates,plaques or markers.
15. Request advisory opinions from the City Council, the Planning Board and any other body, agency or
department of the City on any matter before the Board.
16. Review and make advisory recommendations on any matter referred to the Board by the City Council,the
Zoning Board of Appeals,the Planning Board and any other body,agency or department of the City.
17. Recommend to the City Council zoning amendments, policy initiatives and programs to protect historic
properties and implement the intent and objectives of this Article.
18. Develop a preservation component in the Comprehensive Plan of the City of Saratoga Springs and
recommend it to the Planning Board and the City Council.
19. Exercise all other powers conferred upon it by the City Council.
F. Applicability
1. Historic Review Applicability
The following actions are subject to historic review when occurring on City Landmarks and within Historic Review
Overlay Districts:
a. Construction,rehabilitation,alteration,or exterior change to a structure that requires the issuance of
a building or demolition permit.
b. Installation of an awning, sign, or sign structure that requires a building or sign permit, or such
modification with respect to size,materials,illumination,method of attachment,and color.
c. Creation of additional paved area or repair to existing paved areas.
d. Installation of telecommunications facilities.
e. Regardless of the requirement for a building or demolition permit,any material change to the exterior
appearance of a structure that affects the historical characteristics and context of the district including:
i. Addition or removal of exterior architectural features.
ii. Installation,removal,or change of materials on exterior building elements including but not limited to
roof,siding,windows,doors,porches,and the like.
iii. Enclosure or screening of building openings including but not limited to windows,doors, porches,
and the like.
iv. Installation of accessory utility,mechanical or miscellaneous structures to the exterior of a building
including but not limited to mechanical equipment, solar panels, wind turbines, radio or satellite
transmission/reception devices,and the like.
f. Construction or alteration of a fence or wall visible from the public right-of-way,excluding alleys.
g. The following actions within a front yard setback:
i. Installation,removal,or change in material of driveways or walkways
ii. Installation or removal of vegetative screening that exceeds three feet in height.
iii. Installation of accessory utility structures or radio/satellite transmission/reception devices of two feet
or more in diameter.
iv. Installation,removal,or change in Tier 2 solar energy systems.
h. Change of the exterior color of any structure within a nonresidential zoning district.
i. Additional actions as set forth in item K.4 below occurring on or to a City Landmark.
j. The following actions are exempt from historic review:
i. Ordinary maintenance or repair of any exterior feature that does not involve a change in design,
material,color,or outer appearance.
ii. Installation of accessory freestanding objects including but not limited to sculpture,tree houses,play
equipment,clocks,fountains,flagpoles,basketball hoops,and the like.
iii. Installation of individual window air conditioning units,and radio or satellite antennas/receivers less
than two feet in diameter.
iv. Replacement in-kind of any exterior feature that is deteriorated beyond repair.
2. Architectural Review Applicability
The following actions are subject to architectural review by the Design Review Board when occurring within the
Architectural Review Overlay District:
a. Construction,renovation,alteration,or exterior change to a structure that requires the issuance of a
building or demolition permit.
b. Installation of an awning, sign or sign structure that requires a building or sign permit, or such
modification with respect to size,materials,illumination,method of attachment,and color.
c. Creation of additional paved area or repair to existing paved areas.
d. Change of the exterior color of any structure within a nonresidential district.
e. Installation of telecommunications facilities, regardless of location, in accordance with Section
8.4.DDDDD.
f. For nonresidential and multi-family projects: Installation of accessory utility, mechanical or
miscellaneous structures to the exterior of a building including but not limited to mechanical equipment,wind
turbines,radio or satellite transmission/reception devices,and the like where visible from the public right-of-
way,excluding alleys.
g. Installation,removal,or change in Tier 1 solar energy systems. Formatted•Indent:Left: 0",Space After: 0 pt,Line
h. The following actions are exempt from architectural review: spacing: single
Formatted:Indent:Left: 0.25",Space After: 0 pt,Line
i. Ordinary maintenance or repair of any exterior feature that does not involve a change in design, ;' spacing: single
material,or outer appearance.
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ii. Any action having received historic review approval. '�' , After: 0 pt,Line spacing: single
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3. Inner Tax District Review �; � Formatted:List Paragraph,Numbered+Level:1 +
The following actions are subiect to review by the Design Review Board when occurring within the Inner Tax��,� ,� Numbering Style:a,b,c,...+Start at:1 +Alignment:
District of the City of Saratoga Springs: � � Left+Aligned at: 0.5"+Indent at: 0.75"
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�. New construction of a principal structure on a vacant lot within the inner tax district for architectural�� ' Formatted:Indent:Left: 0",Space After: 0 pt,Line
�ompatibility of mass,scale,and sitinq within the context of the neighborhood.Future alterations to the ,� spacing: single
�onstructed structure is not subject to review by the Design Review Board. � �
�� � ' Formatted:List Paragraph,Numbered+Level:1 +
�. The removal of 25%or more of an existing principal or accessory structure either listed or eliqible for�� Numbering Style:a,b,c,...+Start at:1 +Alignment:
listing on the local, state,or national historic register or are listed or eligible for listing as contributing Left+Aligned at: 0.5"+Indent at: 0.75"
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properties to the local,state or national historic district, _ �
- 1� Formatted:Font:Arial,9 pt
DESIGN REVIEW BOARD -PROPOSED AMENDMENT 5:
Article 1.Title,Purpose,&Applicability
1.1 TITLE AND AUTHORITY
1.2 PURPOSE
1.3 CONSISTENCY WITH COMPREHENSIVE PLAN
1.4 APPLICABILITY AND CONFORMITY
1.5 TRANSITION RULES
1.6 EXEMPTION FOR CERTAIN GOVERNMENT ACTIVITIES
1.7 SEVERABILITY
1.1 TITLE AND AUTHORITY
This Chapter is known,cited,and referred to as the"Unified Development Ordinance of the City of Saratoga Springs,
New York,""Unified Development Ordinance,""Zoning Ordinance,""Ordinance,"or"UDO"and incorporates the City of
Saratoga Springs Official Zoning Map.This Ordinance is enacted pursuant to Article 2A,Chapter 20.24 and 25 of the
General City Law.This Ordinance and associated maps are kept in the Office of the City Clerk and are made available
to the public.Any references to the Zoning Ordinance shall hereby refer to this document.
1.2 PURPOSE
A. The intent of this Ordinance is to:
1. Encourage appropriate and orderly physical development.
2. Promote public health,safety,and general welfare.
3. Classify,designate and regulate the location and use of buildings,structures,and land for agricultural,
residential,commercial,industrial,or other uses in places.
4. Divide the city into districts of such number,shape and areas as may be deemed best suited to carry out
these regulations and provide for their enforcement.
5. Implement the policies of the City's Comprehensive Plan,Complete Streets Plan and Policy,Working Plan
for Historic Preservation in Saratoga Springs,Urban and Community Forest Master Plan,Saratoga Greenbelt
Trail Plan,Open Space Master Plan,and other plans and policies adopted by the City Council.
B. Further,the regulations and district boundaries identified in this Ordinance and upon the Zoning Map are
made with the following additional purposes:
1. Facilitation of efficient,economical,and adequate provision of public utilities and services.
2. Assurance of adequate sites for agricultural,residential,commercial,industrial,and other appropriate uses.
3. Preservation of the character of the community.
4. Provision of privacy for families and the maximum protection of residential areas.
5. Prevention and reduction of traffic congestion so as to promote efficient and safe circulation of vehicles and
pedestrians.
6. Gradual elimination of nonconforming uses.
7. Enhance the appearance of the City of Saratoga Springs as a whole.
8. Encouragement of flexibility in the design and development of land.
9. Protection of the general environment in compliance with the objectives of applicable federal and state
statutory and regulatory programs.
10. Protection of the natural resources of the community including but not limited to the protection of the water
resources of the City.
11. Safeguarding the heritage of the City of Saratoga Springs by preserving districts and landmarks in the City
which reflect elements of its cultural,social,economic,political,artistic and architectural history.
12. Promoting the use of historic districts,landmarks,arts,and cultural resources for the education,pleasure
and welfare of the citizens of the City.
1.3 CONSISTENCY WITH COMPREHENSIVE PLAN
This Ordinance is consistent with the adopted Comprehensive Plan. Any amendments to this Ordinance and all
development approvals must be consistent and in accordance with the adopted Comprehensive Plan.An amendment
to this Ordinance,whether text or district boundary,shall be consistent and in accordance with the Comprehensive
Plan if it complies with the goals, objectives, policies, and strategies and any vision statement contained in the
Comprehensive Plan,and any subsequent amendments to the Comprehensive Plan.
1.4 APPLICABILITY AND CONFORMITY
A. Territorial Application
This Ordinance applies to all land,uses,and structures within the corporate limits of the City of Saratoga Springs.
B. General Application
In their interpretation and application,the provisions of this Ordinance are held to be the minimum requirements for the
promotion and protection of the publiC health,safety,and welfare.
C. Required Conformance
Any part or whole of a structure must be erected,constructed,reconstructed,moved,and enlarged in conformance
with the requirements of this Ordinance.Any structure or land must be used and occupied in conformance with the
requirements of this Ordinance.
D. Relation to Private Agreements
This Ordinance does not nullify any private agreement or covenant.However,where this Ordinance is more restrictive
than a private agreement or covenant,this Ordinance controls. The City will not enforce any private agreement or
covenant.
E. Relation to Other Laws and Regulations
Unless otherwise specifically provided, this Ordinance controls over less restrictive City statutes, ordinances, or
regulations,and more restrictive City statutes,ordinances,or regulations control over the provisions of this Ordinance.
F. Rules of Ordinance Construction
This Ordinance contains graphics in order to assist the user in understanding and applying the Ordinance.However,
where there is any inconsistency between the text of this Ordinance and any such graphics,the text controls unless
otherwise specifically stated.
1.5 TRANSITION RULES
A. Existing Uses
The following transition rules apply to uses operating as of the effective date of this Ordinance.
1. If a structure or land is used in a manner that was classified as a permitted use prior to the effective date of
this Ordinance or any subsequent amendment,and now that use is classified as a permitted use as of the effective
date of this Ordinance or any subsequent amendment,that use is classified as a permitted use.
2. If a structure or land is used in a manner that was classified as a special use prior to the effective date of this
Ordinance or any subsequent amendment,and now that use is classified as a special use as of the effective date
of this Ordinance or any subsequent amendment,that use is classified as a special use and subject to all approval
conditions under which it was originally approved.
3. If a structure or land is used in a manner that was classified as a permitted use prior to the effective date of
this Ordinance or any subsequent amendment,and now that use is classified as a special use as of the effective
date of this Ordinance or any subsequent amendment to this Ordinance,that use is classified as a special use.
Any subsequent alteration of that use must conform to the procedural and substantive requirements of this
Ordinance for special uses.
4. If a structure or land is used in a manner that was classified as a special use prior to the effective date of this
Ordinance or any subsequent amendment,and that use is now classified as a permitted use as of the effective
date of this Ordinance or any subsequent amendment,that use is classified a permitted use.Any subsequent
alteration of that use must conform to any Ordinance requirements for such permitted use.Where the special use
approval included conditions related to the physical development of the land,such conditions remain in effect.
5. If a structure or land is used in a manner that was classified as permitted or special use prior to the effective
date of this Ordinance or any subsequent amendment,but this Ordinance no longer classifies that use as either a
permitted or special use in the zoning district in which it is located,that use is deemed a nonconforming use and
is controlled by the provisions of Article 19.
B. Structures Rendered Nonconforming
If a structure existing on the effective date of this Ordinance was a conforming structure before the effective date of this
Ordinance,but such structure does not meet all standards set forth in this Ordinance in the zoning district in which it is
located,that structure is deemed a nonconforming structure and is controlled by the provisions of Article 19.
C. Lots Rendered Nonconforming
If a lot of record existing on the effective date of this Ordinance was a conforming lot before the effective date of this
Ordinance,but such lot does not meet all standards set forth in this Ordinance in the zoning district in which it is located,
that lot is deemed a nonconforming lot of record and is controlled by the provisions of Article 19.
D. Site Elements Rendered Nonconforming
If a previously approved site element existing on the effective date of this Ordinance was conforming before the effective
date of this Ordinance or any subsequent amendment to this Ordinance, but such site element does not meet all
standards set forth in this Ordinance in the zoning district in which it is located, that site element is deemed a
nonconforming site element and is controlled by the provisions of Article 19.
E. Previously Issued Building Permits
If a building permit for a structure was lawfully issued prior to the effective date of this Ordinance,and remains active
and in good standing,the structure may be completed in accordance with the plans on the basis of which the building
permit was issued and may, upon completion, be occupied under a certificate of occupancy for the use originally
intended.
F. Previously Granted Variances
All variance approvals granted prior to the effective date of this Ordinance remain in full force and effect,unless such
variance is no longer needed after the effective date.Development of the property may proceed in accordance with the
approved plans and any applicable conditions. However,failure to act on the variance before the approval expires,
including any approved periods of extension,voids the variance.
G. Previously Granted Special Uses
All special uses granted prior to the effective date of this Ordinance,but where the use has not yet commenced,remain
in full force and effect.The recipient of the special use may proceed to use the property in accordance with the approved
permit and any applicable conditions.If the recipient has failed to act on the special use before the approval expires,
including any approved periods of extension,then the special use is null and void.
H. Previously Approved Planned Unit Developments
Previously approved Planned Unit Developments(PUD)remain in effect and continue to control the development of
land that is subject to the approval.Any amendments to existing planned developments are subject to the amendment
procedures of planned unit developments unless a specific amendment process was included as part of the approval.
I. Previously Approved Subdivisions
Previously approved subdivisions remain in effect and continue to control the development of land that is subject to the
approval.
J. Pending Applications
1. Any land use board application that has been deemed complete is subject to the Ordinance requirements in
effect on the date the application was deemed complete.
2. A building permit that has been submitted and deemed complete is subject to the Ordinance requirements in
effect on the date the application was deemed complete.
K. Existing Unlawful Uses
Any use that was unlawful at the time of the adoption of this Ordinance and is in conflict with the requirements of this
Ordinance remains unlawful.
1.6 EXEMPTION FOR CERTAIN GOVERNMENT ACTIVITIES
A. Whenever an action is proposed by any federal or state agency,department,branch or division of the United
States or New York State which involves the exercise of direct governmental functions consistent with the purposes
and jurisdiction of such agency,department,branch or division of the United States or New York State,such action is
exempt from the provisions of this Ordinance with the exception of Articles 15 and 17;however,Sections 15.8 and 15.9
do not apply.
B. Any action proposed by any federal or state agency,department,branch or division of the United States or
New York State which is proprietary in nature and does not involve the exercise of its governmental functions must fully
conform to all of the requirements and procedures set forth in this Ordinance.
C. Any action proposed by the City of Saratoga Springs,regardless of whether it is governmental or proprietary,
is exempt from the provisions of this Ordinance with the t��i�ll���ir��pfi���:
1. �����{�^������Iterations on designated landmarks,which require advisory opinion from the Design Review �---- � ''
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Board for the actions specified in 13.9.K.4. �—,\ ; �,
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�, New construction,additions,or exterior modifications to City-owned structures or structures located on City�\ After: 0 pt
property require a non-bindinq advisory opinion from the Planning Board and/or Desiqn Review Board if �
located within the Historic or Architectural Review Districts,or meets the criteria for site plan review under Formatted:Indent:Left: 0.25",Hanging: 0.25",Space
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�. The City may seek non-binding advisory review from the Planning Board and/or Design Review Board for any
proposed City action.
D. Any action proposed by any other local municipality or governmental entity, regardless of whether it is
governmental or proprietary,must fully conform with the provisions of this Ordinance.
E. All such proposed actions must be referred to the Zoning Officer for review.After review,the Zoning Officer
will determine whether the proposed action is eligible for exemption.