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HomeMy WebLinkAbout2026 - 02 UDO Amendments A13 LUBApps 2026-04-21 Draft Redlined v3Article 13. Land Use Board Applications City of Saratoga Springs UDO 13-1 A13 LUBApps 2026-04-21 Draft Redlined v3April 2023 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.1: Land Use Board Jurisdiction summarizes the primary legal authority and purpose of the land use boards. Table 13-A.2: Land Use Board Applications Summary summarizes the recommendations and approval authority of the land use board applications of this Article. Table 13-A.1: Land Use Board Jurisdiction Board Primary Legal Authority Primary Purpose Planning Board NY General City Law §27-a, §32, §33 Land use and site planning review Design Review Board (DRB) Local ordinance (UDO) Architectural and visual design review Zoning Board of Appeals (ZBA) NY General City Law §81-b Relief from zoning regulations and appeals of administrative decisions B. Subdivision applications are regulated by Article 14. Table 13-A.2: Land Use Board Applications Summary 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 Article 13. Land Use Board Applications City of Saratoga Springs UDO 13-2 A13 LUBApps 2026-04-21 Draft Redlined v3April 2023 Table 13-A.2: Land Use Board Applications Summary Application Recommendation Approval 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 CITY COUNCIL APPLICATIONS Text or Map Amendment Planning Board City Council Planned Unit Development: Development Plan Planning Board City Council B. Subdivision applications are regulated by Article 14. 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 Article 13. Land Use Board Applications City of Saratoga Springs UDO 13-3 A13 LUBApps 2026-04-21 Draft Redlined v3April 2023 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. Article 13. Land Use Board Applications City of Saratoga Springs UDO 13-4 A13 LUBApps 2026-04-21 Draft Redlined v3April 2023 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. Table 13-B: Required Notice Zoning Application Notice Type Published Mailed Posted On Property Zoning Text Amendment 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 Notice for Public Meeting ✓ Historic Review - Demolition Notice for Public Meeting ✓ Architectural Review - Demolition Notice for Public Meeting ✓ Historic Review - Demolition of Significant Structure Notice for Public Hearing ✓ ✓ ✓ Architectural Review - Demolition of Landmark & Proposed Landmark Significant Structure Notice for Public Hearing ✓ ✓ ✓ Historic Review Approvals* ✓ 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.EG.2.h 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, Article 13. Land Use Board Applications City of Saratoga Springs UDO 13-5 A13 LUBApps 2026-04-21 Draft Redlined v3April 2023 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. 6. Zoning Map Amendments proposed by the City of Saratoga Springs shall be exempt from the requirements of posted notice on the subject property. E. Additional Notice 1. Saratoga County Planning Board a. Any proposed application that meets the referral requirements of General Municipal Law Section 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. Article 13. Land Use Board Applications City of Saratoga Springs UDO 13-6 A13 LUBApps 2026-04-21 Draft Redlined v3April 2023 2. Municipal Notification Pursuant to General Municipal Law Section 239-nn, if the land involved in an application listed in this section lies within 500 feet of the boundary of another municipality, the City Clerk must submit a copy of the official notice of the public hearing to the municipal clerk of the other municipality at least ten days prior to the public hearing. These applications are as follows: a. Special use b. Zoning Map or Text Amendment c. Planned unit development: development plan d. Site plan review e. Variances – Use and Area 3. Housing Authority Property For land use board applications affecting property within the protectively zoned area of a housing project authorized under the Public Housing Law, written notice must be given to the Housing Authority at least 30 days prior to the public hearing. These applications are as follows: a. Zoning Map or Text Amendment b. Planned unit development: development plan c. Site plan review F. Substantial Compliance Failure to provide notice in exact conformance with these requirements does not invalidate a decision, provided that the Land Use Board finds that substantial compliance has occurred. Article 13. Land Use Board Applications City of Saratoga Springs UDO 13-7 A13 LUBApps 2026-04-21 Draft Redlined v3April 2023 Part I: Planning Board Applications 13.4 SPECIAL USE A. Purpose This Ordinance is based upon the division of the City into districts. Within each district the use of land and structures are substantially uniform. It is recognized, however, that there are certain uses which, because of their unique characteristics, cannot be properly classified in a particular district or districts without consideration of the impact of those uses upon neighboring land and of the public need for the particular use at the particular location. B. Initiation A property owner, or his/her designee, may file an application to use his/her land for one or more of the special uses authorized within the zoning district. An applicant may only propose a special use for property under his/her control. C. Authority The Planning Board will take formal action on special use applications. D. Procedure 1. Action by Planning Board a. Within 62 days of the submission of a complete application, the Planning Board will conduct a public hearing on that application. b. The Planning Board may request an advisory opinion of the Design Review Board or any administrative department or agency in its evaluation of a special use permit. c. The Planning Board must evaluate the application based upon the evidence presented at the public meeting, pursuant to the approval standards of this section. d. Site plan review is required as part of special use permit review and approval as follows: i. The Planning Board will conduct site plan review as part of special use approval. Such review may occur concurrent with or subsequent to special use permit review. Separate applications and application fees are required for site plan review. ii. The Planning Board may waive site plan review as a condition of a special use permit if the Planning Board determines that considerations customarily evaluated under site plan review have been appropriately considered as part of the special use permit process. e. In rendering its decision on any application, the Planning Board must comply with all applicable provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations. f. Within 62 days of the close of the public hearing, unless extended by mutual consent of the applicant and Planning Board, the Planning Board will render its decision on the special use permit. The Planning Board must either approve, approve with conditions, or deny of the special use. Four affirmative votes are required to pass a motion regarding an application before the Planning Board. g. Every special use permit decision must be signed and dated by the Chairperson and must document the circumstances of the application and the findings on which the decision is based. h. Every special use decision must be filed in the Office of the City Clerk within five business days thereof and a copy provided to the applicant and to the Building Department. Article 13. Land Use Board Applications City of Saratoga Springs UDO 13-8 A13 LUBApps 2026-04-21 Draft Redlined v3April 2023 2. Conditions on Special Uses a. The Planning Board has the authority to impose such reasonable conditions and restrictions as are directly related, and incidental, to the proposed special use permit. Upon its granting of said special use permit, any such condition must be met in connection with the issuance of permits by the City. b. As a condition of approval of a special use permit, the Planning Board may require a letter of credit or equivalent security approved by the City to guarantee satisfactory performance of all required improvements or conditions. c. As a condition of approval of a special use permit, the Planning Board may assign a timeframe for renewal of the special use permit. 3. Expiration and Extensions a. A special use approval expires if any one of the following conditions occurs and no request for an extension of the special use approval is pending. i. When an approved special use is changed to another use that is not part of the approved special use permit. ii. For special uses approved in conjunction with new construction or additions or enlargements to an existing structure, the special use approval expires within 18 months of the date of approval if a building permit has not been issued. iii. For special uses approved in conjunction with an existing structure or on lot where no structure is planned, the special use approval expires within 18 months of the date of approval if the licenses or permits required for the operation or maintenance of the use have not been obtained. iv. When the special use has been discontinued or abandoned for a continuous period of 12 months and has not been actively marketed for sale during that period. To be considered actively marketed, all equipment, building design, and similar use infrastructure must be maintained in working condition during the marketing period. b. The Planning Board may grant up to two 18 month extensions for an approved special use provided that the application was properly submitted prior to the expiration date of either the original special use or the first extension. When requesting an extension, it is the applicant’s responsibility to prove that there have been no significant changes to the site or neighborhood and that the circumstances and findings of fact by which the original approval was granted have not significantly changed. E. Approval Standards The listing of a use as a special use within a zoning district does not constitute an assurance or presumption that such special use will be approved. Rather, each special use must be evaluated on an individual basis, in relation to all applicable standards of this Ordinance. Such evaluation will determine whether approval of the special use is appropriate at the particular location and in the particular manner proposed. The Planning Board will consider in its decision: 1. The special use in the specific location proposed is consistent with the Comprehensive Plan and associated adopted land use policies, and the purpose and intent of this Ordinance. 2. The proposed special use will not endanger the public health, safety, or welfare. 3. The density, intensity and compatibility of the use with the neighborhood and community character. 4. Safe and efficient pedestrian and vehicular access, circulation and parking. 5. Existing and future demand on infrastructure, public facilities and services. 6. The environmental and natural resources of the site and neighboring lands including any potential erosion, flooding or excessive light, noise, vibration and the like. Article 13. Land Use Board Applications City of Saratoga Springs UDO 13-9 A13 LUBApps 2026-04-21 Draft Redlined v3April 2023 F. Modifications to Approved Special Uses Any amendment to an approved special use permit must follow the application, hearing, and approval process required for a new special use permit. However, the Planning Board Chairperson has the authority to approve minor modifications to existing special use approvals if the Chairperson deems the changes are not material, substantial, or substantive in nature and are not contrary to the intent of the original decision. The Chairperson must issue all administrative approvals in writing and report them to the Planning Board in a timely manner. 13.5 SITE PLAN REVIEW A. Purpose The City finds that a safe, well-planned and attractive natural and man-made environment is essential to the economic health of the community and to the general safety and welfare of its residents. Therefore, the intent of site plan review is to set forth the process by which to review the site characteristics to ensure consistency with the goals and objectives of the City’s Comprehensive Plan and to regulate the preservation, conservation and efficient use of City resources. B. Authority The Planning Board will conduct site plan review as required by this Section. C. Required Site Plan Review No building permit may be issued until site plan approval has been granted. In addition, all other requirements of all other applicable City codes and ordinances must be met. This Ordinance provides for two types of site plan review. 1. Exemptions a. Single-family and two-family dwellings are exempt from site plan review unless the proposed development would alter a steep or very steep slope area as specified in Section 9.2. b. Developments or uses that do not meet the thresholds for administrative site plan (item 2) or site plan review (item 3) below are exempt. 2. Administrative Site Plan Review Administrative site plan review requires the approval of the Chair of the Planning Board, or his/her designee, with the Planning Department Staff. The Chair of the Planning Board has the ability to forward an application for administrative site plan review to the full Planning Board for approval. The following may be subject to administrative review: a. Additions or expansions of existing townhouse, multi-family, and nonresidential developments of more than 600 square feet and less than 25% of the total gross floor area and less than 4,000 square feet. This does not include parking structures, which are subject to site plan review by the Planning Board. b. A change of use for a permitted use that creates an increase in intensity. An increase in intensity is defined in this circumstance as an increase in required parking or a development action that will increase the amount of impervious surface on the site by 600 square feet or more. c. Co-location of telecommunication facilities, if required by Article 8. d. Parking lots of less than 20 spaces. e. The installation of bicycle parking spaces when not part of another application, such as special use. f. Parks/playgrounds that do not require special use approval. g. Minor modifications to existing site plan approvals per Section 13.5.M. Article 13. Land Use Board Applications City of Saratoga Springs UDO 13-10 A13 LUBApps 2026-04-21 Draft Redlined v3April 2023 3. Site Plan Review Applicability Site plan review requires the approval of the Planning Board. The following are subject to Planning Board site plan review: a. Special uses, unless waived by the Planning Board as part of special use approval. b. Use variances. c. New construction of townhouse, multi-family, and nonresidential developments, including parking structures. d. Additions or expansions of existing townhouse, multi-family, and nonresidential developments of more than 25% of the total gross floor area or 4,000 square feet, whichever is less. e. Any additions or expansions to parking structures. f. Development, including additions or expansions, in steep slope areas per Section 9.2. g. Utilization of the height bonus provisions within the NC and UC Districts. h. Food truck parks when a permitted use. i. Outdoor dining when a permitted use. j. Parking lots of 20 or more spaces. k. Amendments to prior site plan approvals. D. Administrative Site Plan Review Procedure 1. The Chair of the Planning Board with Planning Department Staff will review and evaluate the application, pursuant to the standards of this section and the Ordinance, and approve or approve with conditions, or recommend denial of the plan. 2. If the Chair approves the site plan subject to certain conditions, all plans and drawings to be submitted as part of the application for a building permit or zoning approval must include those conditions. 3. If the Chair recommends denial or approval with conditions, the applicant may request for the application to be reviewed by the Planning Board. Notice of intent to seek Planning Board approval or revised approval with conditions must be filed within 30 days. 4. Every site plan notice of decision must be signed and dated by the Chair and must document the circumstances of the application and the findings on which the decision is based. 5. Every site plan review decision must be filed in the Office of the City Clerk within five business days thereof and a copy provided to the applicant and to the Building Department. E. Site Plan Review Procedure 1. The submission of a sketch plan to the Planning Board is a non-binding option available to the applicant prior to formal site plan review. with the intent to seek advice and direction. The purpose of the sketch plan conference is to obtain preliminary guidance regarding site design, architectural character, and potential environmental considerations prior to preparation of a complete application. The applicant may attend a Planning Board meeting to discuss the proposed project and satisfaction of the requirements of this Ordinance. Unless authorized by the Planning Board, the applicant is limited to two sketch plan discussions. Any comments made during sketch plan review shall be advisory only and shall not bind the Planning Board or the applicant. a. The Planning Board may request an advisory opinion from the Design Review Board in its review of an application for site plan approval when a proposed development is located within a Historic District or Architectural District to obtain early design guidance. Article 13. Land Use Board Applications City of Saratoga Springs UDO 13-11 A13 LUBApps 2026-04-21 Draft Redlined v3April 2023 b. The Design Review Board shall transmit written recommendations to the Planning Board within 30 days of referral, unless extended by mutual agreement. If no recommendation is received within this period, the Planning Board may proceed with review and decision without such recommendation. c. The Planning Board shall consider the advisory recommendations of the Design Review Board but shall retain sole authority to approve, approve with conditions, or deny the application. 2. In rendering its decision on any application for site plan review, the Planning Board must comply will all applicable provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations. 3. The Planning Board will review and evaluate the application, pursuant to the standards of this section and the Ordinance, and approve, approve with conditions, or deny the site plan. The Planning Board may request additional information as necessary to satisfactorily review the application. Four affirmative votes are required to pass a motion regarding an application before the Planning Board. The Planning Board may impose such reasonable conditions, easements, covenants, and restrictions as are directly related, and incidental, to the proposed site plan. The Planning Board will approve, approve with conditions, or deny the site plan within 62 days of the final public meeting conducted by the Planning Board on the application. 4. The Planning Board may request an advisory opinion of the Design Review Board or any advisory board, administrative department, or agency in its evaluation of a site plan application. 5. The Planning Board may request a public hearing. The Board will issue a decision on the site plan within 62 days of the close of the public hearing. 6. The Planning Board may recoup from an applicant costs incurred by the City for consultation fees, special studies, or other expenses in connection with the review of a proposed site plan. 7. Every site plan notice of decision must be signed and dated by the Chairperson and must document the circumstances of the application and the findings on which the decision is based. 8. Every site plan review decision must be filed in the Office of the City Clerk within five business days thereof and a copy provided to the applicant and to the appropriate City departments. F. Public Improvements and Public Realm Design 1. The following public improvements are required, as applicable, and must be constructed and designed in accordance with Article 15 of this Ordinance. a. Section 15.3 (Natural Land Characteristics) b. Section 15.6 (Infrastructure Improvements) c. Section 15.7 (Utilities and Utility Easements) d. Section 15.8 (Recreation Land Requirement) 2. Conservation Design: Developments within the Rural Residential (RR) and Suburban Residential (SR) districts must submit a constrained land analysis and a conservation features analysis in accordance with Articles 16.5 and 16.6 of this Ordinance. 3. Stormwater management is required per Article 17 of this Ordinance. 4. If required, improvements to the public realm must be constructed and designed in accordance with Article 18 of this Ordinance. G. Landscape Plan 1. Landscape Plan Required Article 13. Land Use Board Applications City of Saratoga Springs UDO 13-12 A13 LUBApps 2026-04-21 Draft Redlined v3April 2023 A landscape plan is required as part of site plan review unless exempted by the Chair of the Planning Board or the Planning Board. A landscape plan for a planned unit development and or parking lot of 15 or more spaces must be prepared by a licensed architect, landscape architect, or licensed engineer. 2. Content of Landscape Plan The following are required submittals within the landscape plan, unless waived by the Chair of the Planning Board or the Planning Board prior to submittal of the site plan application. For areas of landscape plans within the right- of-way, those submittal requirements may only be waived by the Department of Public Works. a. The location and dimensions of all existing and proposed structures, lot lines, easements, parking lots and drives, rights-of-way, refuse disposal and recycling areas, pedestrian and bicycle paths, fences, mechanical equipment, overhead utility wires, underground utilities within the right-of-way, traffic signs, fire hydrants, and drainage facilities. b. The location, quantity, size, name, and condition, both botanical and common, of all existing plant materials on-site, indicating plant material to be retained and removed. The location, quantity, size, and name, both botanical and common, of all proposed plant material. c. A separate list of trees being retained, removed, and proposed to be planted within the right-of-way. d. The existing and proposed grading of the site indicating contours at one foot intervals. Proposed berming must also be indicated using one foot contour intervals. e. Elevations of all proposed fences, stairs, and retaining walls. f. Any other details as determined necessary by the Chair of the Planning Board or the Planning Board. 3. Changes to Approved Landscape Plans Changes to an approved landscape plan that do not result in a reduction in the net amount of required plant material may be approved by the Zoning Officer. Any changes within the right-of-way require Department of Public Works approval. 4. Enforcement a. No final certificate of occupancy will be issued until all the requirements of this Article and the landscape plan have been fulfilled. Failure to implement the landscape plan, or to maintain the lot in conformance with the landscape plan, may result in the application of fines and penalties, as established in this Ordinance. All landscape is subject to periodic inspection. b. If weather prohibits the installation of landscape at the time a final certificate of occupancy is applied for, a temporary certificate of occupancy may be issued for a six month period with provision of a letter of credit or escrow for 125% of the estimated amount, including installation. H. Lighting Plan 1. Lighting Plan Required A lighting plan is required as part of site plan review. Single-family and two-family dwellings are exempt from a lighting plan. 2. Submittal Requirements A lighting plan must include the following: a. A plan showing all light pole locations, building-mounted lights, bollard lights, and all other lighting. b. Specifications for luminaires, including certifications of energy efficient lighting, and lamp types, and poles, including photographs or drawings of proposed light fixtures. c. Pole and luminaire details including pole height, height of building-mounted lights, mounting height, and height of the luminaire. d. Elevations of the site including all structures and luminaires sufficient to determine the total cutoff angle of all luminaires and their relationship to abutting parcels. Article 13. Land Use Board Applications City of Saratoga Springs UDO 13-13 A13 LUBApps 2026-04-21 Draft Redlined v3April 2023 e. Photometric plans that show the footcandle measurement at all lot lines are required. f. Other information and data reasonably necessary to evaluate the required lighting plan. I. Approval Standards The following will be evaluated in the review of site plans: 1. Conformity with the regulations of this Ordinance and any other applicable regulations of the City Code, and the City’s Comprehensive Plan and adopted land use policies. 2. Location, arrangement, size, design and general site compatibility of buildings and sign structures. 3. Adequacy and arrangement of vehicular traffic access and circulation including intersections, road widths, pavement surfaces, dividers and traffic controls, and transit and bicycle accommodations. 4. Location, arrangement, appearance, and sufficiency of off-street parking and loading. 5. Adequacy and arrangement of pedestrian traffic access and circulation, walkway structures, control of intersections with vehicular traffic and overall pedestrian convenience. 6. Adequacy of stormwater and drainage facilities with attention to impact of structures, roadways and landscaping in areas with susceptibility to ponding, flooding, and/or erosion. 7. Adequacy of water supply including pressure and quantity. 8. Adequacy of sanitary sewer, including size and inverts, or adequacy of sewerage disposal facilities including soil borings, percolation tests, soil characteristics, and professional certification of system adequacy. 9. Adequacy and arrangement of on-site and off-site illumination. 10. Adequacy, type, size, and arrangement of trees, shrubs and other landscaping. Parking, service areas, and loading and maneuvering areas must be landscaped and screened from neighboring areas. 11. Adequacy of fire lanes and other emergency zones; location and arrangement of fire hydrants, standpipes, and other fire safety facilities. J. Exceptions to Landscape Standards The Planning Board may grant exceptions to on-site landscape requirements per Section 11.3. K. Final Site Plan Approval and Expiration 1. No site disturbance may occur prior to signature of the final plans by the Planning Board Chairperson. 2. The following requirements must be satisfied prior to the review and approval of final site plans by the Planning Board Chairperson: a. Review and approval of construction details and final site plans by the City Engineer. b. When required, submittal of a performance guarantee as required by Section 15.9. c. Documentation of conformance with all required approval conditions. d. Proof of payment for all required fees. 3. In order to maintain Planning Board approval, the official signature of the Planning Board Chairperson must be placed on the final site plan no later than 18 months from the filing date of the Board's written decision. The signed site plan must be filed in the Office of Planning and Economic Development. 4. Regardless of the terms of any properly issued building permit, final site plan approval expires if actual construction has not commenced within 18 months of the signing of the final site plan. Actual construction is defined Article 13. Land Use Board Applications City of Saratoga Springs UDO 13-14 A13 LUBApps 2026-04-21 Draft Redlined v3April 2023 as the fastening or placing of construction materials in a permanent manner, the excavation of a basement or the demolition or removal of any existing structure if no new construction is approved. 5. The Planning Board may grant up to two 18 month extensions in addition to the initial 18 month period in which the applicant must obtain signature of the final plans provided such request is properly submitted prior to expiration of the initial 18 month period or the first extension. When requesting an extension, it shall be the applicant’s responsibility to prove that there have been no significant changes to the site or neighborhood and that the circumstances and findings of fact by which the original approval was granted have not significantly changed. L. Effect of Approval 1. After site plan approval, the property must be developed in accordance with the approved site plan. Violation of any condition is a violation of this Ordinance. 2. Site plans may be subject to performance guarantees as per Section 15.9. 3. Inspections are required as per Section 15.10. M. Modifications to Approved Site Plans The Planning Board Chairperson has the authority to approve minor modifications to existing site plan approvals if the Chairperson deems the changes are not material, substantial, or substantive in nature and are not contrary to the intent of the original decision. The Chairperson must issue all administrative approvals in writing and report them to the Planning Board. 13.6 WATERCOURSE/WETLAND PERMIT A. Purpose A Watercourse/Wetland Permit is required within the Watercourse Protection Overlay District, as defined in Sections 7.1.D and E, to protect City watercourses, wetlands, and adjacent lands to minimize sedimentation and erosion, reduce excessive flooding, prevent degradation or loss of stream-related wetlands, flora and fauna, control watercourse and wetland pollution, and enhance recreational and visual amenities. B. Authority For all activities that require a Watercourse/Wetland Permit, application will be made directly to the Planning Board or as a referral by the Zoning Officer. To the extent practicable, the Planning Board will coordinate review of the Watercourse/Wetland Permit with associated subdivision or site plan review applications. C. Procedure 1. Applications for Watercourse/Wetland Permit must be on forms prescribed by the Planning Board, and include required plans and details, accompanied by the required fee. 2. Applications must also include a wetland delineation and wetlands report for review by the Planning Board. a. Applicants must submit site specific field delineations, delineated by a qualified professional, indicating the location of all wetlands on the property. b. Delineations must include NYSDEC regulated wetlands as well as jurisdictional and non-jurisdictional wetlands that meet the criteria for wetlands under federal standards. c. Delineation of wetland buffers areas must include 100 feet for NYSDEC regulated wetlands and 50 feet for all other wetlands. d. The wetlands report must include a marked wetland boundary, as described above, a map that accurately represents those boundaries, and a written report explaining how those boundaries were derived and why they are accurate. 3. Standards for wetland protection: Consistent with the purposes of this section, encroachment into wetlands and buffer areas is generally prohibited. An exception to the wetland buffer area may be allowed by the Planning Board in consultation with the jurisdictional authority, if applicable, and upon consideration of the following evaluation criteria. If encroachment is unavoidable, such encroachment must: Article 13. Land Use Board Applications City of Saratoga Springs UDO 13-15 A13 LUBApps 2026-04-21 Draft Redlined v3April 2023 a. Not adversely affect the ability of the property to carry or store flood waters adequately. b. Not adversely affect the ability of the proposed stormwater treatment system to reduce sedimentation in conformance with the substantive requirements of the NYSDEC SPDES General Permit for Construction Activities, most current version. c. Include appropriate landscaping, stormwater treatment, stream buffering, and/or other mitigation measures that minimize the impact of the encroachment on wetland functions and values identified in the field delineation and wetland report. 4. In its review, the Planning Board may approve the application if it finds that there is no reasonable alternative, and that approval of the subdivision, site plan, or issuance of the permit will not violate the intent of the Watercourse Protection Overlay District. 5. The Planning Board may require a performance guarantee to ensure that all necessary erosion and sediment control measures are completed and maintained adequately. 6. Expiration and extensions: a. Unless otherwise specified or extended by the Planning Board, a Watercourse/Wetland Permit expires 18 months following the decision if the applicant has not complied with any required conditions and has not begun actual construction, or otherwise implemented this approval. b. The Planning Board may grant up to two 18 month extensions for an approved Watercourse/Wetland Permit provided that the application was properly submitted prior to the expiration date of either the original Watercourse/Wetland Permit or the first extension. When requesting an extension, it is the applicant’s responsibility to prove that there have been no significant changes to the site or neighborhood and that the circumstances and findings of fact by which the original approval was granted have not significantly changed. 13.7 LAND DISTURBANCE ACTIVITY PERMIT A. Purpose This section is intended to protect the City’s natural environment by minimizing the adverse effects which site preparation and associated construction activities may have on soil, water, and vegetative resources. B. Authority For all activities that require a land disturbance activity permit, application may be made directly to the Planning Board or as a referral by the Zoning Officer. To the extent practicable, the Planning Board shall coordinate review of the land disturbance activity permit with associated subdivision or site plan review applications. C. Applicability A land disturbance activity permit is required before undertaking the following activities, unless these activities have been authorized as part of an approved site plan or subdivision plan: 1. Within the RR District: Any activity affecting one acre or more that changes the natural topography, removes or disturbs the topsoil, or removes more than 15% of trees over four inches in diameter at breast height (dbh). 2. Other Districts: Any activity affecting 0.5 or more acres that changes the natural topography, removes or disturbs the topsoil or removes more than 15% of trees over four inches in diameter. 3. The following activities are exempt from permit: a. Agricultural activities directly related to the production of crops or livestock. This exemption does not include timber harvesting. b. Forest management practices or noncommercial tree cutting for firewood that does not remove more than 15% of trees over four inches in diameter. c. Authorized governmental activities. Article 13. Land Use Board Applications City of Saratoga Springs UDO 13-16 A13 LUBApps 2026-04-21 Draft Redlined v3April 2023 d. Bona fide emergencies. D. Procedure (Amended 4/4/23) 1. Applications for land disturbance activity permits must be on forms prescribed by the Planning Board, and include a site plan and a soil erosion and sediment control plan (basic SWPPP - see Section 17.5.A) accompanied by the required fee. 2. The site plan set shall include an existing conditions plan or tree plan depicting the species, size, location, and condition of any existing significant trees within the area proposed to be disturbed. Any proposed removal of significant trees is subject to Article 11.9.F – Tree Replacement or Mitigation. 3. In its review, the Planning Board may approve the application if it finds that the soil erosion and sediment control plan will adequately minimize the impact of the proposed land disturbance activity upon the City’s land and water resources. 4. A soil erosion and sediment control plan must include a sketch plan that fully identifies the proposed activity, extent of soil and vegetative alterations or tree harvesting, and the land protection and structural soil conservation measures to minimize soil erosion and sediment loss. Such plan should be at a scale of 1” = 100’ and include the following: a. General topographic data, soil conditions, and vegetative cover type. b. All watercourse, wetlands, rock outcrops and other important land features (including all 100 year federally designated flood hazard and New York State regulated wetlands). c. The location of all proposed public utilities including water supply, sewerage, and stormwater drainage facilities to be constructed. d. Any other information that the Planning Board may deem necessary for review of the project. 5. The Planning Board may require a performance guarantee to ensure that all necessary erosion and sediment control measures are completed and maintained adequately. The amount of the letter of credit, or other financial security, will not exceed $1,000 per acre. 6. Unless waived by the Planning Board, construction inspections by the Storm Water Management Officer, or designee, are required for all land disturbance activity permits. 7. Unless waived by the Planning Board, upon completion of the approved activity an as-built drawing must be filed with the Planning Board. 8. Expiration and extensions: a. Unless otherwise specified or extended by the Planning Board, a land disturbance activity permit expires 18 months following the filing date of such decision if the applicant has not complied with any required conditions and started the activity, or otherwise implemented this approval. b. The Planning Board may grant up to two 18 month extensions for an approved land disturbance activity permit provided that the application was properly submitted prior to the expiration date of either the original land disturbance activity permit or the first extension. When requesting an extension, it is the applicant’s responsibility to prove that there have been no significant changes to the site or neighborhood and that the circumstances and findings of fact by which the original approval was granted have not significantly changed. Article 13. Land Use Board Applications City of Saratoga Springs UDO 13-17 A13 LUBApps 2026-04-21 Draft Redlined v3April 2023 13.8 TEMPORARY USE PERMIT - PLANNING BOARD APPROVAL A. Purpose 1. A temporary use permit allows for the short-term use and/or placement of temporary structures on a lot. There are two levels of approval of temporary use permits - approval by the Planning Board and approval by the Zoning Officer, as stated within Section 8.5. 2. The temporary use permit regulates temporary uses that occur entirely on and within a lot. Temporary uses located within the public right-of-way are regulated separately by the City Code. B. Authority The Planning Board, based upon a recommendation of the Zoning Officer, will review and make final decisions on temporary use permit applications as required by Section 8.5. C. Procedure 1. The Planning Board will render a decision on the temporary use permit following the Zoning Officer’s recommendation. The Planning Board must review and evaluate the application, pursuant to the standards of this section, and approve, approve with conditions, or deny the application. 2. The temporary use permit is valid for the time period granted as part of the approval. D. Approval Standards All temporary uses must comply with the requirements of this Ordinance, including the temporary use standards of Section 8.5, and the following standards: 1. The temporary use does not adversely impact the public health, safety, and welfare. 2. The temporary use is operated in accordance with any restrictions and conditions as the Police and Fire District, or other City officials, may require. 3. The temporary use does not conflict with another previously authorized temporary use. 4. The temporary use provides adequate parking if needed. If located on a lot with an operational principal use, does not impact the parking and site circulation of the principal use. Article 13. Land Use Board Applications City of Saratoga Springs UDO 13-18 A13 LUBApps 2026-04-21 Draft Redlined v3April 2023 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. 1. Historic Review shall apply historic preservation criteria as established in Section G of this Article. 2. Architectural Review shall apply architectural design standards as established in Section H of this Article. Architectural review shall not apply preservation standards. 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. In reviewing projects in the Historic District, the DRB follows historic design guidelines that are based on the U.S. Secretary of the Interior Standards for Rehabilitation for Treatment of Historic Properties. The Saratoga Springs Historic District Guidelines can be found on the city website using a link on the Design Review Board page. 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. a. Promote high-quality building design and ensure that buildings, structures, and site elements contribute positively to the visual character of the surrounding area and the public realm. b. Address the visual and architectural qualities of development, including façade composition, materials, architectural detailing, roof forms, and the relationship of buildings to streets and public spaces. c. Consider how the building design enhances the public realm and contributes positively to streets, sidewalks, and public spaces. d. For new construction, additions, and alterations, consider the architectural rhythm and pattern of the area in order to maintain visual coherence of districts 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. Article 13. Land Use Board Applications City of Saratoga Springs UDO 13-19 A13 LUBApps 2026-04-21 Draft Redlined v3April 2023 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 member 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. 6. Training and Attendance Requirements a. Each member of the board shall complete, at a minimum, four hours of training each year designed to enable such members to more effectively carry out their duties. Training received by a member in excess of four hours in any one year may be carried over by the member into succeeding years in order to meet Article 13. Land Use Board Applications City of Saratoga Springs UDO 13-20 A13 LUBApps 2026-04-21 Draft Redlined v3April 2023 this requirement. Such training shall be approved by the Planning staff and may include, but not be limited to, training provided by a municipality, regional or county planning office or board, county planning federation, state agency, statewide municipal association, college or other similar entity. Training may be provided in a variety of formats, including but not limited to, electronic media, video, distance learning and traditional classroom training. b. To be eligible for reappointment to the board, a member shall have completed the approved training. c. No decision of the DRB shall be voided or declared invalid because of a failure to comply with these requirements. 7. Cooperation of City Departments All City departments shall, upon request of the board, assist and furnish available permits, plans, reports, maps and statistical and other information which the board may require for its work. E. Procedure 1. General a. The Planning Department Staff will refer to the Design Review Board all actions identified in this Article that require historic or architectural review approval. The Design Review Board will not accept any application for review that includes a lot for which there is an outstanding, unresolved written violation from the City that is not the subject of the application. b. An eligible applicant for historic or architectural review approval must be the owner, lessee or purchaser under contract for the involved parcel. A lessee and purchaser under contract must have the permission of the current property owners to submit an application for historic or architectural review approval. c. All applicable fees must be paid. d. In rendering its decision on any application, the Design Review Board must comply with all applicable provisions of the State Environmental Quality Review Act (SEQRA) and its implementing regulations. 2. Process a. Within 62 days of the determination by the Design Review Board that the application is complete, or the close of the public hearing, a written decision must be issued. This time frame may be extended by mutual consent of the applicant and the Design Review Board. b. Four affirmative votes are required to pass a motion regarding an application before the Design Review Board. If four affirmative votes cannot be attained on a motion within this 62day period, unless extended by mutual consent of the applicant and the Design Review Board, the application is denied by default. c. The Design Review Board may request an advisory opinion of the Planning Board or any administrative department or agency in its evaluation of an application for historic review. d. The Design Review Board may approve as submitted or approved with conditions. The Design Review Board may impose appropriate conditions in connection with its approval including those related to nature and quality of building materials, manner of construction, and design and other building elements. The Design Review Board may also deny an application provided the Board finds that such construction, alteration, or demolition would be in opposition to the intent and objectives of this section, and that the finding is not based on personal preference as to taste or choice of architectural style. e. Prior to the granting of final approval by the Design Review Board, an applicant may seek preliminary approval for the general visual mass and scale of a proposed structure. This preliminary approval is subject to a SEQRA determination and constitutes approval of the footprint and proportions of the proposed structure, including any proposed rooftop structures, and its compatibility with the surrounding neighborhood. Preliminary approval does not constitute approval of elevations and other facade and roofline details. Unless noted within the preliminary approval, an applicant must obtain final approval by the Design Review Board prior to issuance of a building permit. f. Every Design Review Board decision must be signed and dated by the Board Chairperson and document the circumstances of the case and the findings on which the decision is based. Article 13. Land Use Board Applications City of Saratoga Springs UDO 13-21 A13 LUBApps 2026-04-21 Draft Redlined v3April 2023 g. The Design Review Board decision will be filed in the Office of the City Clerk within five business days of the decision and a copy provided to the applicant and to the Building Department. h. For projects in the Historic District approved after the effective date of this Ordinance, a Notice of Approval will be issued by Planning Department Staff and provided to the applicant within five business days of the filing of the Design Review Board decision. The general presentation and typical content of the Notice of Approval shall be on a form approved by the Design Review Board. i. The Notice of Approval must be posted or displayed in a prominent location on the property where the approved project is taking place and must be visible from the public right-of-way. ii. The Notice of Approval must be posted or displayed before any work on the project begins and must remain on display for the full duration of the project. iii. The Notice of Approval may be removed upon receipt of a certificate of occupancy, certificate of completion, or Building Department written approval. i. The Design Review Board Chairperson has the authority to approve minor modifications to existing Design Review Board approvals if the Chairperson deems the changes are not material, substantial, or substantive in nature and are not contrary to the intent of the original decision. The Design Review Board Chairperson must issue all administrative approvals in writing and report them to the Design Review Board. 3. Permits a. Upon approval of historic or architectural review and confirmation of compliance with any required conditions, the Building Department may issue building, sign, or demolition permits associated with the application. No building, sign, or demolition permit will be issued in the event of a denial. b. For actions subject to historic or architectural review but not requiring a building, sign, or demolition permit, the Building Department will perform inspections as necessary to confirm compliance with Design Review Board approval and any required conditions. c. Upon confirmation of the completion of an approved action requiring historic or architectural review, and any required conditions, the Building Department may issue a certificate of occupancy. 4. Expiration and Extensions a. Unless otherwise specified or extended by the Design Review Board, Board approvals expire 18 months following the filing date of the Board’s written decision if the applicant has not complied with any required conditions and started actual construction, or otherwise implemented this approval. Actual construction is defined as the fastening or placing of construction materials in a permanent manner, the excavation of a basement, or the demolition or removal of any existing structure if no new construction is approved. b. The Design Review Board may grant up to two 18 month extensions for historic review approval provided that the application for extension was properly submitted prior to the expiration date of either the original historic review approval or the first extension. When requesting an extension, it is the applicant’s responsibility to demonstrate that there have been no significant changes to the site or neighborhood, and that the circumstances and findings of fact by which the original historic review approval was granted have not significantly changed. 5. Appeal Process Any person aggrieved by a final decision of the Design Review Board may appeal such decision to the Zoning Board of Appeals in accordance with the provisions of Article 13.10. F.E. Authority and Duties 1. Purpose. The Design Review Board (DRB) is established to administer the City’s historic preservation and architectural design review regulations and to promote the protection and enhancement of the historic and architectural character of the City of Saratoga Springs. Article 13. Land Use Board Applications City of Saratoga Springs UDO 13-22 A13 LUBApps 2026-04-21 Draft Redlined v3April 2023 The DRB shall carry out its responsibilities in a manner consistent with the preservation policies of the City, the purposes of this Unified Development Ordinance (UDO), and applicable standards for historic preservation recognized by the State of New York and the United States Department of the Interior. 2. General Powers and Advisory Authority The Design Review Board shall have the following general powers and advisory functions: a. Review of Laws and Regulations. Review local laws, regulations, and policies relating to historic preservation or architectural design review and recommend amendments to the City Council as appropriate. b. Recommendations to the City Council. Recommend to the City Council the adoption or amendment of regulations, policies, or programs that further the purposes of historic preservation and architectural design review within the City. c. Designation Recommendations. Review and provide recommendations to the City Council regarding the designation of historic districts and individual landmarks pursuant to this UDO. d. Advisory Reports. Provide advisory reports or recommendations on matters referred to it by the City Council, the Planning Board, the Zoning Board of Appeals, or other City agencies. e. Investigations and Studies. Conduct investigations and prepare maps, surveys, reports, and recommendations relating to historic preservation and architectural design issues within the City. f. Preservation Easements and Interests in Property. Recommend to the City Council the acquisition of preservation easements or other interests in real property that further the purposes of historic preservation. g. Referrals from the City Council. The City Council may refer to the DRB any matter affecting the City’s historic preservation policies or regulations for review and report prior to final action. 3. Historic Preservation Program Functions In furtherance of the City’s historic preservation program and to maintain compatibility with Certified Local Government requirements, the Design Review Board shall: a. Historic Resource Surveys. Conduct or sponsor surveys and research to identify historically and architecturally significant buildings, structures, sites, districts, and landscapes. b. Historic Resource Inventory. Maintain and periodically update an inventory and register of locally designated landmarks and historic districts and may maintain additional inventories of historically or architecturally significant resources. c. National Register Coordination. Review and comment on nominations to the National Register of Historic Places and may recommend that the City Council support or sponsor such nominations. d. Public Education. Promote public awareness of the City’s historic and architectural heritage through educational programs, publications, or other appropriate means. e. Guidance to Property Owners. Provide information and guidance to property owners concerning preservation, rehabilitation, and adaptive reuse of historic structures and available State and Federal preservation programs and incentives. f. Recognition of Preservation Efforts. Encourage preservation of historic resources by recognizing exemplary rehabilitation, restoration, or preservation efforts. g. Comprehensive Planning Coordination. Assist the Planning Board and City Council in the development of historic preservation policies and recommendations for inclusion in the City’s Comprehensive Plan. These activities are advisory and administrative in nature and shall not expand the regulatory authority of the DRB beyond that provided in this Article. Article 13. Land Use Board Applications City of Saratoga Springs UDO 13-23 A13 LUBApps 2026-04-21 Draft Redlined v3April 2023 4. Design Review Board Authority The Design Review Board reviews architectural design and exterior appearance of buildings to ensure compatibility with the historic and architectural character of the City, including façade composition, architectural detailing, materials, roof forms, window patterns, and streetscape relationship, within the zoning envelope established through zoning regulations and design guidelines. 5. Authority within Historic Districts and for Landmarks Within designated Historic Districts or for individually designated landmarks, the Design Review Board shall administer the City’s historic preservation regulations. The DRB shall: a. Exterior Alterations. Review applications for exterior alteration, restoration, reconstruction, or other exterior changes to designated landmarks or properties located within Historic Districts. b. Additions and New Construction. Review applications for new construction and additions to existing buildings within designated Historic Districts or affecting designated landmarks to ensure that the proposed work is compatible with the historic character of the district or landmark, including consideration of architectural form, scale as expressed through façade composition, roof forms, materials, and relationship to surrounding historic structures, such that the architectural integrity of surrounding historic resources is not adversely affected. c. Demolition, Removal, or Relocation. Review applications for demolition, removal, or relocation of designated landmarks or structures located within Historic Districts. The DRB may approve, approve with conditions, or deny such applications in accordance with the historic preservation standards and procedures established in this UDO. 6. Authority within the Architectural District Within the Architectural District, the Design Review Board shall administer the City’s architectural design standards. Review in this district shall be limited to architectural design considerations including building form, façade composition, architectural detailing, materials, and visual compatibility with surrounding development. The DRB shall: a. Design Review of Exterior Construction. Review applications for exterior alterations, additions and new construction. b. Demolition. Review demolition applications only as required by the demolition procedures established in this UDO. Demolition within the Architectural District shall not be denied for preservation purposes unless the structure has been formally designated as a landmark by the City Council. The DRB may approve, approve with conditions, or deny such applications based on the architectural design standards and procedures established in this UDO. 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. Article 13. Land Use Board Applications City of Saratoga Springs UDO 13-24 A13 LUBApps 2026-04-21 Draft Redlined v3April 2023 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. Article 13. Land Use Board Applications City of Saratoga Springs UDO 13-25 A13 LUBApps 2026-04-21 Draft Redlined v3April 2023 G.F. Historic District 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 change of materials to existing paved areas, including but not limited to driveways, walkways, and sidewalks. 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, HVAC and mini splits, solar panels, wind turbines, radio or satellite transmission/reception devices, and the like. f. Construction or alteration of a fence or wall and installation, removal, or change in Tier 2 solar energy systems 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 the Landmark designation Section (I) 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. Article 13. Land Use Board Applications City of Saratoga Springs UDO 13-26 A13 LUBApps 2026-04-21 Draft Redlined v3April 2023 iv. Replacement in-kind of any exterior feature that is deteriorated beyond repair. Article 13. Land Use Board Applications City of Saratoga Springs UDO 13-27 A13 LUBApps 2026-04-21 Draft Redlined v3April 2023 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. h. The following actions are exempt from architectural review: i. Ordinary maintenance or repair of any exterior feature that does not involve a change in design, material, or outer appearance. ii. Any action having received historic review approval. Article 13. Land Use Board Applications City of Saratoga Springs UDO 13-28 A13 LUBApps 2026-04-21 Draft Redlined v3April 2023 G. Procedure 1. General a. The Planning Department Staff will refer to the Design Review Board all actions identified in this Article that require historic or architectural review approval. The Design Review Board will not accept any application for review that includes a lot for which there is an outstanding, unresolved written violation from the City that is not the subject of the application. b. An eligible applicant for historic or architectural review approval must be the owner, lessee or purchaser under contract for the involved parcel. A lessee and purchaser under contract must have the permission of the current property owners to submit an application for historic or architectural review approval. c. All applicable fees must be paid. d. In rendering its decision on any application, the Design Review Board must comply with all applicable provisions of the State Environmental Quality Review Act (SEQRA) and its implementing regulations. 2. Process a. Within 62 days of the determination by the Design Review Board that the application is complete, or the close of the public hearing, a written decision must be issued. This time frame may be extended by mutual consent of the applicant and the Design Review Board. b. Four affirmative votes are required to pass a motion regarding an application before the Design Review Board. If four affirmative votes cannot be attained on a motion within this 62day period, unless extended by mutual consent of the applicant and the Design Review Board, the application is denied by default. c. The Design Review Board may request an advisory opinion of the Planning Board or any administrative department or agency in its evaluation of an application for historic review. d. The Design Review Board may approve as submitted or approved with conditions. The Design Review Board may impose appropriate conditions in connection with its approval including those related to nature and quality of building materials, manner of construction, and design and other building elements. The Design Review Board may also deny an application provided the Board finds that such construction, alteration, or demolition would be in opposition to the intent and objectives of this section, and that the finding is not based on personal preference as to taste or choice of architectural style. e. Prior to the granting of final approval by the Design Review Board, an applicant may seek preliminary approval for the general mass and scale of a proposed structure. This preliminary approval is subject to a SEQRA determination and constitutes approval of the footprint and proportions of the proposed structure, including any proposed rooftop structures, and its compatibility with the surrounding neighborhood. Preliminary approval does not constitute approval of elevations and other facade and roofline details. Unless noted within the preliminary approval, an applicant must obtain final approval by the Design Review Board prior to issuance of a building permit. f. Every Design Review Board decision must be signed and dated by the Board Chairperson and document the circumstances of the case and the findings on which the decision is based. g. The Design Review Board decision will be filed in the Office of the City Clerk within five business days of the decision and a copy provided to the applicant and to the Building Department. h. For projects in the Historic District approved after the effective date of this Ordinance, a Notice of Approval will be issued by Planning Department Staff and provided to the applicant within five business days of the filing of the Design Review Board decision. The general presentation and typical content of the Notice of Approval shall be on a form approved by the Design Review Board. The Notice of Approval must be posted or displayed in a prominent location on the property where the approved project is taking place and must be visible from the public right-of-way. The Notice of Approval must be posted or displayed before any work on the project begins and must remain on display for the full duration of the project. The Notice of Approval may be removed upon receipt of a certificate of occupancy, certificate of completion, or Building Department written approval. Article 13. Land Use Board Applications City of Saratoga Springs UDO 13-29 A13 LUBApps 2026-04-21 Draft Redlined v3April 2023 The Design Review Board Chairperson has the authority to approve minor modifications to existing Design Review Board approvals if the Chairperson deems the changes are not material, substantial, or substantive in nature and are not contrary to the intent of the original decision. The Design Review Board Chairperson must issue all administrative approvals in writing and report them to the Design Review Board. 3. Permits a. Upon approval of historic or architectural review and confirmation of compliance with any required conditions, the Building Department may issue building, sign, or demolition permits associated with the application. No building, sign, or demolition permit will be issued in the event of a denial. b. For actions subject to historic or architectural review but not requiring a building, sign, or demolition permit, the Building Department will perform inspections as necessary to confirm compliance with Design Review Board approval and any required conditions. c. Upon confirmation of the completion of an approved action requiring historic or architectural review, and any required conditions, the Building Department may issue a certificate of occupancy. 4. Expiration and Extensions a. Unless otherwise specified or extended by the Design Review Board, Board approvals expire 18 months following the filing date of the Board’s written decision if the applicant has not complied with any required conditions and started actual construction, or otherwise implemented this approval. Actual construction is defined as the fastening or placing of construction materials in a permanent manner, the excavation of a basement, or the demolition or removal of any existing structure if no new construction is approved. b. The Design Review Board may grant up to two 18 month extensions for historic review approval provided that the application for extension was properly submitted prior to the expiration date of either the original historic review approval or the first extension. When requesting an extension, it is the applicant’s responsibility to demonstrate that there have been no significant changes to the site or neighborhood, and that the circumstances and findings of fact by which the original historic review approval was granted have not significantly changed. 2. H. Historic Review Approval Standards For actions subject to review in the Historic District, the Design Review Board will evaluate whether the proposed repair/maintenance, alteration, addition, or new construction is compatible with the subject existing structure(s), site, and neighboring properties in the historic district. Table 13-D summarizes the application of approval standards based on the classifications of the building or structure. Structure classification definitions can be found in Article 21. Article 13. Land Use Board Applications City of Saratoga Springs UDO 13-30 A13 LUBApps 2026-04-21 Draft Redlined v3April 2023 Table 13-D Approval Standards Structure Classification Repair / Maintenance Alterations Additions / New Construction Demolition Landmark, Contributing Structure Preserve and repair historic materials and character-defining features whenever possible. Replacement shall match the original in material, design, texture, and appearance where possible. Preserve and retain historic character- defining features, materials, and architectural details. Avoid removal or alteration of significant historic features where possible. Compatible in form and materials. Additions shall be subordinate and compatible with the historic structure and located to minimize visibility from public streets where possible. Not permitted except where the applicant demonstrates economic hardship, public safety necessity. Architecturally, Historically Significant Structure Retain significant features and materials to maximum extent possible. Repair is preferred over replacement. Preserve character and materials, where possible. Replacement materials shall be compatible with the character of the structure. Compatible in form and materials. Additions shall be subordinate and compatible. Permitted only after DRB review determines that the structure does not retain sufficient historic or architectural significance to warrant preservation. Non-Contributing Structure Use compatible materials with the surrounding historic district context. Maintain compatibility with the materials and character of the district. Compatible with the surrounding historic district context. Permitted when the DRB determines that demolition will not adversely affect the character of the historic district. a. 1. Historic ReviewDesign Consideration – Repair and Maintenance The following standards apply to review of historic review applications: i. a. Preserve Rather Than Remove Distinguishing original features of a structure or site are essential to the historic quality and character of that site. Distinguishing original qualities or character of a structure, site, and/or its environment must be preserved and protected to the maximum extent possible. Destruction or alteration of any historic material or distinctive architectural feature should be avoided. ii. b. Repair Rather Than Replace Distinctive architectural features that characterize a structure or site must be repaired rather than replaced whenever possible. If replacement is necessary, the replacement materials should match the original in composition, design, color, texture, and other visual qualities. iii. c. Promote Historical Accuracy Repair or replacement of architectural features should be based on historical evidence rather than on conjectural designs or the incorporation of elements from other structures. iv. d. Recognize Significance of Historical Time Periods Structures and sites should be recognized and preserved as products of specific historical period(s). Changes that occurred over time are evidence of the history and development of a structure or site and may have acquired historical significance in their own right. e. Compatible Contemporary Design Contemporary design for alterations and additions to existing properties may be encouraged provided it does not destroy significant historical, architectural, or cultural material and is compatible Article 13. Land Use Board Applications City of Saratoga Springs UDO 13-31 A13 LUBApps 2026-04-21 Draft Redlined v3April 2023 with the size, scale, color, material, and character of the site or surrounding neighborhood. Incompatible alterations shall be discouraged. v. f. Structures and Sites Treated with Sensitivity Archaeological resources affected by any project must be protected and preserved to the maximum extent possible. Activities that will damage historic building materials or site features shall be discouraged. Historic structures are to be cleaned with the gentlest means possible. vi. Treatment of Major Building Elements Where replacement is necessary, replacement in kind shall be used where feasible. Where replacement in kind is not feasible, compatible substitute materials may be used provided they maintain the historic and architectural character, scale, texture, and appearance of the original materials. Where compliance with applicable building, fire, or safety codes necessitates replacement of historic façade materials, contemporary materials may be considered. In reviewing projects in the Historic District, the DRB follows historic design guidelines that are based on the U.S. Secretary of the Interior Standards for Rehabilitation for Treatment of Historic Properties. The Saratoga Springs Historic District Guidelines can be found on the city website using the link on the Design Review Board page. • Windows Preserve original windows whenever possible. Repair deteriorated components before replacement. Maintain size, proportion, and configuration. Where compliance with applicable building, fire, or safety codes necessitates alteration of a window opening, the alteration shall be limited to the minimum extent necessary for compliance and the modified opening shall remain compatible with the building’s architectural character, proportions, and pattern of window openings. • Doors Preserve original historic doors and hardware where feasible. Maintain original door openings and proportions. Where modification of a doorway is required to comply with applicable building, fire, or accessibility codes, the altered doorway and entrance shall be designed to remain compatible with the exterior architectural character, proportions, and materials of the building. • Roofing Preserve original roof where feasible. Maintain original roof form, slope, and architectural features (dormers, cornices, chimneys). • Siding / Wall Cladding Preserve historic siding and masonry whenever possible. Repair deteriorated sections rather than replacing entire façade. • Trim / Architectural Details Preserve decorative elements such as cornices, brackets, window trim, and moldings. Repair in place when feasible. 2. Design Considerations Alteration, Additions, and New Construction Alterations, additions and new construction shall be compatible with the historic character of the building and district while remaining distinguishable from historic construction. Additions shall be subordinate to the principal structure and shall not require the removal or significant alteration of character-defining architectural features of the historic structure. Contemporary design for alterations and additions to existing properties may be encouraged provided it does not destroy significant historical, architectural, or cultural material and is compatible with the size, scale, color, material, and character of the site or surrounding neighborhood. Incompatible alterations shall be discouraged. New construction and additions should be undertaken such that their removal will not impair the original historic form and integrity of the structure and site and the surrounding historic site Article 13. Land Use Board Applications City of Saratoga Springs UDO 13-32 A13 LUBApps 2026-04-21 Draft Redlined v3April 2023 For actions subject to review, the Design Review Board will evaluate whether the proposed alteration or construction is compatible with the subject structure, site, and neighboring properties in the historic district with regard to: i. Building Form The Design Review Board shall consider whether the overall architectural form of the proposed building contributes to the established character of the surrounding area. The Board’s review shall focus on architectural form and visual compatibility and shall not regulate dimensional standards governed by zoning. Review considerations may include: • The relationship of the building’s primary façade to the public street. • The articulation of building volumes and façade planes. • The visual relationship between the proposed building and adjacent structures. • The use of architectural elements that reduce the visual impact of large building surfaces. ii. Façade Composition The Design Review Board shall consider whether the design and arrangement of architectural elements on the building façade create a composition that is compatible with the surrounding architectural context. Review considerations may include: • The arrangement of windows and doors • The alignment of openings with those of neighboring structures • The use of architectural features such as bays, pilasters, cornices, or storefront framing • The balance between solid wall areas and openings • The visual rhythm created by repeated architectural elements iii. Building Openings (Windows and Doors) The Design Review Board shall consider whether the design and placement of windows and doors contribute to the architectural character of the building and the surrounding area. Existing historic doors and door openings must be retained and rehabilitated whenever possible. Restoration of historic openings is encouraged where previously altered. Where doorways must be altered to meet current building code and safety requirements, doors and entrance ways must be designed to respect the exterior architectural character of the building. Existing historic windows and window openings must be retained and rehabilitated whenever possible. Restoration of historic openings is encouraged where previously altered. Review considerations may include: • The size and proportions of windows and doors • The alignment of openings with those on adjacent buildings • The use of window and door trim and architectural detailing • The relationship between ground floor openings and upper-story openings • The preservation of existing window and door openings on historic structures where applicable iv. Roof Design The Board shall not regulate building height beyond applicable zoning standards. Features that give a roof its essential historic and architectural character must be retained and rehabilitated whenever possible. Roof designs for new structures must be compatible with surrounding architectural context. Review considerations may include: • Roof shape and profile • The presence of dormers, cornices, or parapets • Roof overhangs and edge detailing • The relationship of roof design to neighboring buildings Article 13. Land Use Board Applications City of Saratoga Springs UDO 13-33 A13 LUBApps 2026-04-21 Draft Redlined v3April 2023 v. Architectural Detailing The Design Review Board shall consider whether architectural details contribute to the visual quality of the building and the surrounding streetscape. Architectural detailing should be consistent with the design character of the building. Review considerations may include: • Window and door trim • Cornices and roofline detailing • Base, middle, and top articulation of the façade • Decorative or structural architectural features vi. Exterior Materials Guidelines Exterior materials used in new construction shall be compatible in appearance, scale, and durability with materials historically used within the district. The integration of contemporary materials in a manner that complements the architectural context shall be considered. Materials shall exhibit a level of craftsmanship appropriate to the historic setting. Where historic façade materials exist, repair or replacement in kind is encouraged where feasible. vii. Building Color (within non-residential districts) Exterior colors shall complement the architectural character of the building and surrounding structures. Review considerations may include: • The relationship of color to building materials • The use of color to highlight architectural features • Compatibility with the surrounding streetscape viii. Mechanical Equipment Exterior mechanical equipment must be minimized and shall be located and designed to minimize visual impact. Review considerations may include: • Placement of equipment on roofs or secondary façades • Screening using architectural elements or landscaping • Minimizing visibility from public streets a. Height The Design Review Board must consider whether the height of the proposed structure is compatible with the historic form and context of the site and neighboring properties and with any specific zoning district intent. b. Scale The Design Review Board must consider whether the scale of the proposed structure is compatible with the relationship of the building and its architectural elements to neighboring structures, and character of historic setting. c. Mass and Open Space The Design Review Board must consider whether the relationship of the dimension and mass of a building to the open space between it and adjoining buildings is compatible with the character of the neighboring area and with any specific zoning district intent. d. Proportion The Design Review Board must consider whether the proposed structure and its architectural elements, including front facades, windows, doors, and bays, are consistent with the dominant proportion of neighboring structures and site. e. Directional Expression Article 13. Land Use Board Applications City of Saratoga Springs UDO 13-34 A13 LUBApps 2026-04-21 Draft Redlined v3April 2023 The Design Review Board must consider whether the directional expression of a building and its architectural elements are compatible with the dominant horizontal or vertical expression of the neighboring buildings. f. Architectural Rhythm The Design Review Board must consider whether the architectural, rhythmic pattern resulting from repeated elements such as window and door openings, columns, arches, and other facade elements is consistent within the subject structure and consistent with neighboring structures. g. Front Setback The front setback for the building line of all new construction must be compatible with neighboring buildings and any specific zoning district intent. h. New Construction and Additions New construction and additions should be undertaken such that their removal will not impair the original historic form and integrity of the structure and site and the surrounding historic site. i. Treatment of Major Building Elements i. Doors Existing historic doors and door openings must be retained and rehabilitated whenever possible. Restoration of historic openings is encouraged where previously altered. Where doorways must be altered to meet current building code and safety requirements, doors and entrance ways must be designed to respect the exterior architectural character of the building. ii. Windows Existing historic windows and window openings must be retained and rehabilitated whenever possible. Restoration of historic openings is encouraged where previously altered. iii. Roofs Features that give a roof its essential historic and architectural character must be retained and rehabilitated whenever possible. Roof designs for new structures must be compatible with neighboring buildings. Exterior mechanical equipment must be minimized and screened from view. j. Materials Materials used in new construction must be compatible with those traditionally used in the neighboring area. Contemporary materials may be acceptable provided that the overall texture, color, and details of the building are compatible with neighboring buildings. k. Colors Architectural features of historic buildings must be restored with colors and finishes appropriate to the nature of the materials and to the historic character of the building. Where historically documented colors are not used, colors must be appropriate to the building's predominant architectural style(s). Colors used in new construction must be compatible with neighboring buildings. 3. Historic District – Demolition Review Demolition is defined as the act of pulling down, destroying, removing, or razing a building or structure, or commencing work that would result in the destruction of significant portions of the building, including removal of exterior walls, roof structures, or structural systems that results in the loss of the building’s historic character. Demolition of any designated landmark, contributing resource, historically or architecturally significant structure, or non-contributing structure within the district shall require a demolition permit subject to review and approval by the Design Review Board. Significance includes having particular important associations within the context of the architecture, history, or culture of Saratoga Springs or region and may include listing as contributing on the State and National Registers of Historic Places. a. Application Requirements i. Description of Structure (Required) Article 13. Land Use Board Applications City of Saratoga Springs UDO 13-35 A13 LUBApps 2026-04-21 Draft Redlined v3April 2023 The applicant shall provide documentation describing the building proposed for demolition, including: • the property address and tax parcel identification • photographs of all exterior elevations and the surrounding site • a written description of the structure, including architectural style, materials, and significant architectural features • the approximate date of construction and known history of the building, if available. ii. Documentation of Historic or Architectural Significance (Required) Information sufficient to evaluate the structure’s historic or architectural significance, which may include: • historic photographs, maps, or archival documentation • identification of the building’s classification within the Historic District (landmark, contributing, historically significant, architecturally significant, or non-contributing) • description of the building’s contribution to the historic character of the district. iii. Evaluation of Preservation Alternatives (Applicable for landmarks and when significance is determined) Information describing alternatives to demolition that have been considered by the applicant, including: • stabilization or repair of the existing structure • structural reports prepared by qualified professionals • rehabilitation or adaptive reuse of the building • incorporation of the structure into a redevelopment project • relocation of the structure where feasible. The applicant shall provide a written explanation of why such alternatives are not feasible. iv. Rehabilitation Feasibility (Applicable for landmarks and when significance is determined) Information evaluating whether the building could reasonably be rehabilitated or reused, which may include: • conceptual plans for rehabilitation or reuse • cost estimates for rehabilitation or stabilization • comparison of rehabilitation costs with demolition and redevelopment. v. Proposed Post-Demolition Plan (Required) Applications for demolition shall include a proposed plan for the future use of the site, including: • description of the proposed redevelopment or site treatment • conceptual drawings or plans, if redevelopment is proposed • a timetable for demolition and redevelopment. b. Demolition Review Findings In reviewing an application for demolition of a designated landmark or a structure within a historic district, the DRB shall consider the following factors. i. Historic and Architectural Significance The historic, cultural, or architectural significance of the structure and its contribution to the historic district. This includes consideration of: Article 13. Land Use Board Applications City of Saratoga Springs UDO 13-36 A13 LUBApps 2026-04-21 Draft Redlined v3April 2023 • meets National Register criteria but is not designated • association with important historic events or persons • architectural style, design, craftsmanship, or construction methods • contribution of the structure to the character of the district. ii. Condition of the Structure The physical condition of the structure and the extent to which deterioration or structural damage affects its ability to be preserved. The DRB may consider: • structural reports prepared by qualified professionals • whether deterioration is the result of neglect or failure to maintain the property. iii. Feasibility of Rehabilitation Whether the structure can reasonably be rehabilitated or restored, consistent with the Secretary of the Interior’s Standards for Rehabilitation. Considerations may include: • feasibility of repair or stabilization • ability to adapt the structure for continued or new use. i. Effect of Demolition on the Historic District The impact of the proposed demolition on the historic character of the district. This includes consideration of: • the importance of the structure within the district • whether demolition would create a significant gap or loss of historic fabric • the effect on the district’s overall integrity. ii. Alternatives to Demolition Whether alternatives to demolition exist that would allow preservation of the structure. Such alternatives may include: • relocation of the structure • incorporation of the structure into a redevelopment project. c. Decision Path i. Structures with No Architectural or Historic Significance The Design Review Board may approve an application for demolition if it finds that the demolition is consistent with the intent and objectives of this Section and that the structure proposed to be demolished has no historic or architectural significance. ii. Structures with Significance or Landmarks The DRB may approve demolition subject to conditions where: • preservation alternatives have been adequately explored; and • demolition is necessary due to structural failure or other compelling circumstances. Conditions may include: • documentation of the structure prior to demolition, such as, photographs of all exterior elevations, architectural descriptions, archival recording or measured drawings. • approval of replacement construction • DRB approval for proposed project and building permit issued. The Design Review Board will schedule a public hearing on an application for demolition of a structure with historic or architectural significance. Notice is required as indicated in Section 13.3. iii. Denial of Demolition Demolition may be denied based on these DRB findings: • Historic and architectural significance • Condition of the structure Article 13. Land Use Board Applications City of Saratoga Springs UDO 13-37 A13 LUBApps 2026-04-21 Draft Redlined v3April 2023 • Feasibility of rehabilitation • Effect of demolition on the Historic District • Feasibility of a alternatives d. Economic Hardship Claims of economic hardship arising from the denial of demolition application by the Design Review Board may be considered by the Zoning Board of Appeals pursuant to the appeal procedures established in 13.10. e. Determination of Jeopardy to Health, Safety, and Welfare of Community i. In cases where an applicant has sought demolition approval on the basis that a structure represents an imminent danger to the health, safety, and welfare of the community, the Design Review Board will refer the application to the Building Inspector for review and report pursuant to City Code Section 118 Unsafe Structures. The Building Inspector must receive an engineer’s report. ii. The Building Inspector's report is advisory to the Design Review Board. iii. The Design Review Board will review the Building Inspector's report and make a determination that the structure can or cannot reasonably be repaired in such a way as to remove the imminent danger. f. Demolition of Historic Structures by City i. The City, through its Code Enforcement Officers or other appropriate municipal officials, may seek demolition of a structure listed individually or as a contributing structure in an historic district on the National Register of Historic Places in New York Supreme Court under N.Y. Executive Law 382. ii. Prior to filing such an application, the matter must be referred to the Design Review Board for an advisory opinion as to whether the structure can or cannot be reasonably repaired in such a way as to remove the cause for demolition. iii. The Design Review Board has 30 days to render a written advisory opinion unless extended by mutual consent. The City may also seek advisory recommendations from local preservation organizations. g. Emergency Demolition If the Building Inspector or Fire Chief, determines that the structure is in danger of imminent collapse or is an immediate danger to public safety, he/she may order the structure demolished immediately in accordance with City Code, Chapter 118. The Building Inspector or Fire Chief will issue a report to the Design Review Board stating the reasons for the order. h. Court Action The Design Review Board has no authority to act otherwise in cases where an appropriate legal action or procedure has resulted in a judgment or order by a Court of competent jurisdiction that a structure endangers the health, safety, and welfare of the public and must be demolished. H. 2. Architectural Review Applicability 1. Applicability The purpose of the Architectural District is to promote compatible architectural design and streetscape character while allowing reasonable maintenance, alteration, and redevelopment of existing buildings. The following actions are subject to architectural review by the Design Review Board when occurring within the Architectural Review Overlay District: a. Construction, renovation, addition, alteration, or exterior change to a structure that requires the issuance of a building or demolition permit. Article 13. Land Use Board Applications City of Saratoga Springs UDO 13-38 A13 LUBApps 2026-04-21 Draft Redlined v3April 2023 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, Tier 2 solar energy systems, and similar equipment the like where visible from the public right-of-way, excluding alleys. g. Installation, removal, or change in Tier 1 solar energy systems. h. The following actions are exempt from architectural review: i. Ordinary maintenance or repair of any exterior feature that does not involve a change in design, material, or outer appearance, for example:. • In-kind material repair or replacement • Repainting or refinishing of exterior surfaces ii. Any action having received historic review approval. iii. Installation or replacement of gutters and downspouts. 2. I. Architectural Review Approval Standards Except for designated landmarks, preservation standards shall not be applied when reviewing alterations, additions, or new construction in the Architectural District. The Design Review Board must evaluate whether the proposed alteration or construction is compatible with the subject structure, site, and neighboring properties in the architectural review overlay district with regard to: a. Building Relationship to the Street: how the architectural design of a building relates to the established streetscape, including façade orientation, entrance placement, and the relationship of the ground-floor façade to the sidewalk. i. orientation of the principal façade toward the public street ii. location and prominence of primary building entrances iii. design and transparency of the ground-floor façade iv. architectural elements that contribute to an active and visually engaging street frontage. b. Roof Form and Visual Height Expression: how the architectural expression promotes compatibility with the surrounding streetscape. Review considerations may include: i. roof shape and profile ii. cornices, parapets, or roofline detailing iii. transitions between building volumes iv. architectural features that visually break down large building forms. c. Façade Composition and Rhythm: the façade of new construction should reflect the visual rhythm of building widths along the street through façade articulation, vertical elements, or changes in materials. i. the arrangement of windows and doors ii. façade articulation and architectural detailing iii. the relationship between solid wall areas and openings Article 13. Land Use Board Applications City of Saratoga Springs UDO 13-39 A13 LUBApps 2026-04-21 Draft Redlined v3April 2023 iv. the use of materials and architectural elements that create visual continuity along the street. d. Building Articulation: large buildings should incorporate architectural features such as vertical bays, material changes, or façade projections to create the appearance of smaller building modules consistent with the historic pattern of development. Such elements may include: i. vertical bays or façade projections ii. changes in materials or façade planes iii. window groupings or architectural detailing iv. variations in façade elements that reduce the visual scale of large buildings. 1. Height The Design Review Board must consider whether the height of the proposed structure is compatible with the historic form and context of the site and neighboring properties and with any specific zoning district intent. 2. Scale The Design Review Board must consider whether the scale of the proposed structure is compatible with the relationship of the building and its architectural elements to neighboring structures and community character. 3. Mass and Open Space The Design Review Board must consider whether the relationship of the dimension and mass of a building to the open space between it and adjoining buildings is compatible with the character of the neighboring area and with any specific zoning district intent. 4. Proportion The Design Review Board must consider whether the proposed structure and its architectural elements, including front facades, windows, doors, and bays, are consistent with the dominant proportion of neighboring structures and site. 5. Directional Expression The Design Review Board must consider whether the directional expression of a building and its architectural elements are compatible with the dominant horizontal or vertical expression of the neighboring buildings. 6. Architectural Rhythm The Design Review Board must consider whether the architectural, rhythmic pattern resulting from repeated elements such as window and door openings, columns, arches, and other facade elements is consistent within the subject structure and consistent with neighboring structures. 7. Front Setback The front setback for the building line of all new construction must be compatible with neighboring buildings and any specific zoning district intent. 8. New Construction and Additions New construction and additions should be undertaken such that their removal will not impair the original historic form and integrity of the structure and site. 9. Treatment of Major Building Elements a. Doors Existing historic doors and door openings must be retained and rehabilitated whenever possible. Restoration of historic openings is encouraged where previously altered. Where doorways must be altered to meet current building code and safety requirements, doors and entrance ways must be designed to respect the exterior architectural character of the building. b. Windows Existing historic windows and window openings must be retained and rehabilitated whenever possible. Restoration of historic openings is encouraged where previously altered. c. Roofs Features that give a roof its essential historic and architectural character must be retained and rehabilitated whenever possible. Roof designs for new structures must be compatible with neighboring buildings. Exterior mechanical equipment shall be minimized and screened from view. Article 13. Land Use Board Applications City of Saratoga Springs UDO 13-40 A13 LUBApps 2026-04-21 Draft Redlined v3April 2023 10. Materials Materials used in new construction must be compatible with those traditionally used in the neighboring area. Contemporary materials may be acceptable provided that the overall texture, color, and details of the building are compatible with neighboring buildings. 11. Colors Colors used in new construction must be compatible with neighboring buildings. Architectural features of historic buildings must be restored with colors and finishes appropriate to the nature of the materials and to the historic character of the building. Where historically documented colors are not used, colors must be appropriate to the building's predominant architectural style(s). a.e. 12. Rural Design Characteristics Proposed alteration or construction subject to Architectural Review within the Rural Residential zoning district should be evaluated for compatibility with the rural design standards of Section 16.10 to the extent possible for elements within the Design Review Board’s purview. f. Exterior Materials Guidelines Refer to Table 13-E for materials guidelines in the Architectural District. i. Exterior Alterations and Improvements Exterior materials used for alterations and replacements shall be complementary with the architectural character of the existing structure and should be compatible with the existing materials in visual scale, texture, and appearance. ii. Additions to Existing Structures Exterior materials used in additions shall be compatible with the materials and architectural character of the existing structure. Additions may incorporate contemporary materials provided they complement the scale, texture, and visual appearance of the historic building. Additions to existing structures shall be designed so that the original building remains visually dominant. iii. New Construction Exterior materials used in new construction shall be visually compatible with the surrounding architectural context. Replication of historic materials is not required. New construction within the Architectural District shall be designed to reinforce the architectural character of the surrounding area. New buildings are not required to replicate historic architectural styles, but should maintain a visual scale and relationship consistent with the surrounding built environment. Article 13. Land Use Board Applications City of Saratoga Springs UDO 13-41 A13 LUBApps 2026-04-21 Draft Redlined v3April 2023 Table 13-E Architectural District – Approval Standards Building Element Exterior Alteration Addition to Existing Building New Construction Siding / Wall Materials Alternative materials may be used if visually compatible with the building and surrounding context. Addition may match existing materials or use compatible complementary materials. Primary façades should use natural or high-quality composite materials. Roofing Changes to roof materials allowed if compatible with building character and neighborhood context. Roof forms should be subordinate to the main structure; materials may use compatible complementary materials. Roof forms should relate to surrounding buildings; materials may include modern compatible complementary materials. Windows New window materials may be permitted if they maintain compatible proportions and spacing. Window placement on additions should align with or complement existing window patterns. Windows should establish façade rhythm and vertical/horizontal alignment consistent with surrounding buildings. Doors / Entrances Door openings and materials may be modified where compatible with the building’s façade composition. Additions should maintain a clear hierarchy between primary and secondary entrances. Entrances should be clearly articulated and oriented toward the street where appropriate. Trim and Architectural Details Architectural elements may be added or modified if compatible with façade composition. New trim or detailing should maintain the scale and proportions of the existing structure. Buildings should incorporate architectural detailing to articulate façades and avoid blank wall surfaces. 3. Architectural District – Demolition Review Demolition is defined as the act of pulling down, destroying, removing, or razing a building or structure, or commencing work that would result in the destruction of significant portions of the building, including removal of exterior walls, roof structures, or structural systems. a. Applicability The Architectural District is intended to regulate the design of new construction and alterations rather than to prohibit demolition. Accordingly, demolition permits shall generally be issued for structures that are not designated landmarks or identified as eligible for landmark designation under this Ordinance. b. Demolition Application An application for demolition within the Architectural District shall include: i. the address and tax parcel number of the property; ii. clear photographs of the structure proposed for demolition and adjacent streetscape context; iii. a written description of the structure, including approximate date of construction if known; iv. any available information regarding National Register listing, National Register eligibility, prior historic surveys, or prior local landmark studies affecting the property; Article 13. Land Use Board Applications City of Saratoga Springs UDO 13-42 A13 LUBApps 2026-04-21 Draft Redlined v3April 2023 v. the reason for demolition; vi. a site stabilization and debris removal plan; and vii. such additional information as the Building Inspector and Planning staff may require to determine code compliance and whether referral under subsection (d) is warranted. c. Staff Screening i. Within 14 days of receiving a completed demolition permit application, the Building Inspector and Planning staff shall consult preservation records to determine whether the structure may be: • A designated landmark, • Appear eligible for designation. ii. A structure appears eligible for designation when staff determines that there is credible evidence that the property may satisfy one or more of the designation criteria in subsection (d) and retains sufficient integrity to convey that significance. In making this determination, staff may consider whether the property: • is individually listed on the National Register of Historic Places; • is a contributing resource within a National Register historic district; • has been previously identified in a local, state, or federal historic resource survey; • has been determined eligible for the National Register by SHPO or another competent authority; • has been the subject of a pending or prior landmark nomination; or • otherwise appears, from readily available evidence, to meet one or more of the criteria in subsection (d). iii. If staff determines that referral to the Design Review Board is not warranted, the Building Department may issue the demolition permit, provided all other applicable requirements have been satisfied. iv. If staff determines that the structure may be eligible, the application shall be referred to the Design Review Board (DRB), pursuant to their advisory preservation capacity under this section. The Planning Department shall prepare a written evaluation of the structure, including historical and architectural information and an analysis of whether the property may meet the criteria for local landmark designation. d. Criteria for Significance and Designation Recommendation For purposes of referral above and Board review upon referral, a property may be found to be eligible for designation if it satisfies one or more of the following criteria and retains sufficient integrity of location, design, materials, workmanship, and setting to make it worthy of preservation: i. It possesses character, interest, or value as part of the development, heritage, or cultural characteristics of the City, State, or Nation. ii. Its location is the site of a significant local, state, or national event. iii. It exemplifies the historic, aesthetic, architectural, archaeological, educational, economic, or cultural heritage of the City, State, or Nation. iv. It is identified with a person or persons who significantly contributed to the development of the City, State, or Nation. v. It embodies distinguishing characteristics of an architectural style valuable for the study of a period, type, method of construction, or use of indigenous materials. Article 13. Land Use Board Applications City of Saratoga Springs UDO 13-43 A13 LUBApps 2026-04-21 Draft Redlined v3April 2023 vi. It is the work of a master builder, engineer, designer, architect, or landscape architect whose individual work has influenced the development of the City, State, or Nation. vii. It embodies elements of design, detailing, materials, or craftsmanship that render it architecturally significant. viii. It embodies elements that make it structurally or architecturally innovative. ix. It is a unique location or contains singular physical characteristics that make it an established or familiar visual feature within the City. e. DRB Review i. Upon referral, the Design Review Board shall review only whether the property appears significant and suitable for consideration for landmark designation by the City Council. ii. The Board’s review under this section shall not constitute final landmark designation and shall not apply the standards for alteration, new construction, or ordinary design compatibility. iii. The Board shall hold a public meeting on the referral and make written findings based on the criteria in subsection (d). iv. After review of the staff report and public comment, the Design Review Board may recommend to the City Council that designation proceedings be initiated if the Board finds that the property may meet the criteria for designation under this UDO. v. The Board shall act within 30 days after referral, unless the applicant consents to an extension. vi. The Board may take one of the following actions: • No apparent significance found. If the Board finds that the property does not appear to meet the criteria in subsection (d), the referral shall be closed and the demolition permit may proceed upon satisfaction of all other applicable requirements. • Apparent significance found; recommendation for designation. If the Board finds that the property meets one or more criteria in subsection (d), retains sufficient integrity to warrant further protection, and demolition prior to Council consideration would materially impair the City’s ability to preserve a resource that may merit landmark designation, the Board shall adopt a written recommendation that the City Council consider designation of the property as a Landmark. f. Effect of Board Recommendation i. If the Board recommends City Council consideration of landmark designation under subsection (e), the demolition permit shall be stayed pending Council action under subsection (g). ii. During the stay, no demolition permit shall be issued, and no demolition work shall commence, except emergency work necessary to protect public health or safety and specifically authorized by the Building Inspector. iii. The stay created by this subsection is temporary and exists solely to allow City Council to determine whether landmark designation should be initiated and acted upon. g. City Council Designation Consideration i. Upon receipt of a recommendation, the City Clerk shall place the Board’s recommendation on the agenda of the next regular meeting of the City Council. ii. The City Council shall proceed in such manner as is required for landmark designation in Section 13.I. iii. If the City Council elects to proceed with designation, the designation process shall follow the notice, hearing, and decision procedures otherwise applicable to landmarks under this Ordinance. Article 13. Land Use Board Applications City of Saratoga Springs UDO 13-44 A13 LUBApps 2026-04-21 Draft Redlined v3April 2023 iv. The City Council shall take final action to either designate or decline to designate the property within 90 days after receiving the Board recommendation, unless extended by consent of the owner or by court order. v. If the City Council designates the property as a Landmark, demolition thereafter shall be governed by the demolition standards applicable to designated Landmarks. vi. If the City Council declines to designate the property, or if no final action is taken within the time allowed by this subsection, the stay shall expire and the demolition permit may be issued upon satisfaction of all other applicable requirements. h. Limitation of Authority Except as expressly provided in this section, demolition of non-designated properties outside the Historic District shall not be denied or delayed on the basis of general neighborhood character, architectural compatibility, or design preference alone. Nothing in this section shall prevent the Building Inspector from authorizing emergency stabilization or demolition where necessary to protect life, health, or public safety, provided that the authorization is limited to the minimum work necessary to address the emergency. J. Demolition 1. General a. The Design Review Board must determine whether the proposed structure has architectural or historic significance. b. Significance includes having particular important associations within the context of the architecture, history, or culture of Saratoga Springs or region and may include listing as contributing on the State and National Registers of Historic Places. 2. Structures with No Architectural or Historic Significance The Design Review Board may approve an application for demolition if it finds that the demolition is consistent with the intent and objectives of this Section and that the structure proposed to be demolished has no historic or architectural significance. 3. Structures with Architectural or Historic Significance a. For the proposed demolition of a structure with architectural or historical significance, the applicant must demonstrate good cause as to why such structure cannot be preserved. The applicant must provide the following: i. The applicant must document good faith efforts in seeking an alternative that will result in the preservation of the structure including consultation with the Design Review Board and the Saratoga Springs Preservation Foundation. The relocation of structures may be permitted as an alternative to demolition. ii. The applicant must document efforts to find a purchaser interested in acquiring and preserving the structure. iii. The applicant must demonstrate that the structure cannot be adapted for any other permitted use, whether by the current owner or by a purchaser, which would result in a reasonable return. iv. The applicant must submit evidence that the property is not capable of earning a reasonable return regardless of whether that return represents the most profitable return possible. “Dollars and cents proof” is required to demonstrate such hardship. v. Application for demolition of a structure with historic or architectural significance must include acceptable post-demolition plans for the site. Such plans include an acceptable timetable and guarantees which may include performance bonds/letters of credit for demolition and completion of the project. The Design Review Board may condition the issuance of a demolition approval on the applicant’s receipt of all other necessary approvals and permits for the post- demolition plan. Article 13. Land Use Board Applications City of Saratoga Springs UDO 13-45 A13 LUBApps 2026-04-21 Draft Redlined v3April 2023 b. The Design Review Board will schedule a public hearing on an application for demolition of a structure with historic or architectural significance. Notice is required as indicated in Section 13.3. i. 4. Determination of Jeopardy to Health, Safety, and Welfare of Community i. a. In cases where an applicant has sought demolition approval on the basis that a structure represents an imminent danger to the health, safety, and welfare of the community, the Design Review Board will refer the application to the Building Inspector for review and report pursuant to City Code Section 118 Unsafe Structures. The Building Inspector must receive an engineer’s report. ii. b. The Building Inspector's report is advisory to the Design Review Board. iii. c. The Design Review Board will review the Building Inspector's report and make a determination that the structure can or cannot reasonably be repaired in such a way as to remove the imminent danger. j. 5. Demolition of Historic Structures by City i. a. The City, through its Code Enforcement Officers or other appropriate municipal officials, may seek demolition of a structure listed individually or as a contributing structure in an historic district on the National Register of Historic Places in New York Supreme Court under N.Y. Executive Law 382. ii. b. Prior to filing such an application, the matter must be referred to the Design Review Board for an advisory opinion as to whether the structure can or cannot be reasonably repaired in such a way as to remove the cause for demolition. iii. c. The Design Review Board has 30 days to render a written advisory opinion unless extended by mutual consent. The City may also seek advisory recommendations from local preservation organizations. k. 6. Emergency Demolition If the Building Inspector or Fire Chief, determines that the structure is in danger of imminent collapse or is an immediate danger to public safety, he/she may order the structure demolished immediately in accordance with City Code, Chapter 118. The Building Inspector or Fire Chief will issue a report to the Design Review Board stating the reasons for the order. l. 7. Court Action The Design Review Board has no authority to act otherwise in cases where an appropriate legal action or procedure has resulted in a judgment or order by a Court of competent jurisdiction that a structure endangers the health, safety, and welfare of the public and must be demolished. I. K. Designation of Landmarks and Historic Districts 1. Authority a. The City Council may designate individual properties as Landmarks or groups of properties as Historic Districts in accordance with this section. b. Designation of a Landmark or Historic District shall constitute an amendment to this Ordinance and shall be subject to all applicable procedures for legislative action including public notice and hearing. c. The Design Review Board (DRB) shall serve in an advisory capacity to the City Council for the purpose of evaluating the historical, architectural, and cultural significance of proposed designations. 2. Initiation of Designation A proposal to designate a Landmark or Historic District may be initiated by: a. The City Council b. The Design Review Board c. The Planning Department or Historic Preservation staff d. The owner of the property proposed for designation e. Residents or property owners within the City through submission of a petition. Article 13. Land Use Board Applications City of Saratoga Springs UDO 13-46 A13 LUBApps 2026-04-21 Draft Redlined v3April 2023 3. Exemption for Pending Land Use or Building Applications a. Except as provided in subsection (b), a landmark designation or historic district designation process shall not be initiated for a property where a complete land use application or building permit application is pending, including but not limited to: i. Site plan review ii. Subdivision approval iii. Special use permit iv. Building permit v. Other land use board applications under this Ordinance b. Demolition Applications i. The limitation in subsection (a) shall not apply to demolition permit applications or land use applications involving a demolition for properties located within the Historic District or Architectural District, where demolition review may include consideration of historic significance pursuant to the procedures established in this Ordinance. ii. A demolition permit application for a property located outside the Historic District and Architectural District shall be treated as a building permit application for purposes of subsection (a) and shall prohibit the initiation of landmark or historic district designation proceedings while the permit application remains pending. 4. Application Requirements A request for designation shall be submitted to the Planning Department, which shall determine completeness. The application shall include: a. Identification of the property or district boundaries b. Parcel identification numbers and property addresses c. A statement describing the historical, architectural, archaeological, or cultural significance of the property or area d. Description of the period of significance e. Photographs documenting the property or district f. A map identifying the location and boundaries g. For districts, identification of contributing and non-contributing structures, where available h. Supporting documentation demonstrating eligibility under the designation criteria. Planning staff may request additional information necessary to evaluate the proposed designation. 5. Staff Review and Referral a. Within 30 days of determining an application complete, the Planning Department shall: i. Prepare a report evaluating the eligibility of the property or district ii. Refer the application to the Design Review Board. b. The report shall include: i. Historic significance analysis ii. Description of architectural features iii. Maps and photographs iv. Recommendation regarding designation. 6. Design Review Board Advisory Recommendation a. The Design Review Board shall hold a public meeting to review the proposed designation. Article 13. Land Use Board Applications City of Saratoga Springs UDO 13-47 A13 LUBApps 2026-04-21 Draft Redlined v3April 2023 b. Within 30 days of referral, the DRB shall transmit a written advisory recommendation to the City Council stating whether: i. The proposed designation meets the criteria of this section; and ii. The designation is consistent with the purposes of this Article. 7. City Council Public Hearing and Determination a. Upon receipt of the DRB recommendation, the City Council shall adopt a resolution to initiate landmark or historic district proceedings and schedule a public hearing. b. Upon adoption of a resolution by the City Council initiating landmark or historic district designation proceedings, the subject property shall be considered a proposed landmark or proposed historic district. c. From the date of such resolution until final action by the City Council, no permit shall be issued for the demolition, removal, or exterior alteration of the property that would affect its historic or architectural character. d. Notice of the hearing shall be provided in accordance with this Ordinance and shall include: i. Notice to affected property owners ii. Publication in the official newspaper iii. Posting on the City website. e. Following the public hearing, the City Council may: i. Approve the designation ii. Approve the designation with modifications iii. Deny the designation. f. The City Council shall make written findings demonstrating that the designation satisfies the criteria of this section. 8. Landmark Designation Criteria The City Council may designate a property as a Landmark if it possesses special historical, architectural, archaeological, or cultural significance and meets one or more of the following criteria: a. Is associated with events that have made a significant contribution to the history of the City, region, state, or nation. b. Is associated with the lives of persons significant in local, state, or national history. c. Embodies the distinctive characteristics of a type, period, or method of construction. d. Represents the work of a master architect, designer, engineer, or builder. e. Possesses high artistic value or represents a significant architectural style. f. Because of its unique location or physical characteristics, represents a familiar and established visual feature of the City. g. Has yielded, or may be likely to yield, information important to history or archaeology. 9. Historic District Designation Criteria The City Council may designate a Historic District where an area: a. Contains a concentration of buildings, structures, sites, or objects that collectively possess historical or architectural significance. b. Represents a significant period of development or architectural character. c. Reflects important themes in the history of the City or region. d. Contains properties that individually meet the landmark criteria but derive additional significance from their collective context. e. Retains sufficient integrity of location, design, setting, materials, workmanship, feeling, and association to convey its historic character. Article 13. Land Use Board Applications City of Saratoga Springs UDO 13-48 A13 LUBApps 2026-04-21 Draft Redlined v3April 2023 10. Effect of Designation Table 13-D summarizes the designation process. Upon designation: a. The property or district shall be subject to the historic preservation regulations established in this Article. b. The Planning Department shall update official maps and records identifying the designation. c. Property owners shall be notified of the designation. 1. Designation Any proposed designation of landmarks or historic districts constitutes an amendment to this Ordinance and is subject to all public hearing, property owner notification, and other applicable provisions of this Ordinance. a. Once the City Council has accepted for review a proposed designation, no building or demolition permits will be issued until the City Council has made its designation determination. b. Prior to action on a proposed designation, the City Council must request an advisory opinion from the Design Review Board. The Design Review Board has 30 days to render a written advisory opinion unless extended by mutual consent. The opinion must contain a favorable recommendation only if the Design Review Board finds that the proposed revision is not contrary to the intent and objectives of this Article. 2. City Landmark Criteria The City Council may designate an individual property as a landmark if it meets one or more of the following: a. Possesses special character or archeological, historic, or aesthetic interest or value as part of the cultural, political, economic, or social history of the locality, region, state, or nation. b. Is identified with historically significant individuals. c. Embodies the distinguishing characteristics of an architectural style. d. Is the work of a designer whose work has significantly influenced a particular architectural period or era. e. Because of a unique location or singular physical characteristic, represents an established and familiar visual feature of the neighborhood. 3. Historic District Criteria The City Council may designate a group of properties as a Historic District if it meets one or more of the following: a. Contains properties that meet one or more of the criteria for designation of a landmark b. By reason of possessing such qualities, constitutes a distinct section of the City. J. 4. Designated City Landmarks The City Council hereby establishes and designates the following City Landmarks: a. "Bryan House”, 123-125 Maple Avenue, Tax I.D. 165.44-l-31 b. “Drink Hall”, 297 Broadway, Tax I.D. 165.67-l-24 Additional actions requiring review: removal or alteration of any interior feature. Only ordinary maintenance or repair of any interior feature is excluded from review. c. “Canfield Casino”, East Congress Street, Tax I.D. 165.00-4-1 Additional actions requiring review: removal or alteration of any interior feature. Only ordinary maintenance or repair of any interior feature is excluded from review. d. “City Hall”, 474 Broadway, Tax I.D. 165.52-4-37 Additional actions requiring review: removal or alteration of any interior feature. Only ordinary maintenance or repair of any interior feature is excluded from review. e. “Congress Park”, Broadway, Tax I.D. 165.00-4-1 Article 13. Land Use Board Applications City of Saratoga Springs UDO 13-49 A13 LUBApps 2026-04-21 Draft Redlined v3April 2023 Additional actions requiring review: removal, addition or alteration of any park feature such as, but not limited to: Spit 'n' Spat, Italian Gardens, Thorsvalden vases, Spirit of Life and surrounding stonework and landscaping, Trask stairway, War Memorial and Pavilion, Civil War monument, Brackett gates, Congress Spring Pavilion, Columbian Pavilion, Deer Park Spring Pavilion, Morrissey Rose Garden Fountain, reservoir, iron fencing, wrought iron fence surrounding park, configuration of ponds, walks and roadways, topography, Colonial Revival information booth, 1920s era gateposts, street lights, the Grotto (including sundial, pillars and statuary), informational signage, urns by northern pond, trout pond, benches and other park furniture. Only ordinary maintenance or repair is excluded from review. f. "High Rock Park", High Rock Avenue, Tax I.D. 165.52-1-76.1, 165.44-2- lots 6, 22, 23, 24 and 25 Additional actions requiring review: removal, addition or alteration of any park feature such as structures, sculptures, monuments, pavilions, benches, topography, ponds, vegetation, fences, lights, walkways and roads. Only ordinary maintenance or repair is excluded from review. g. “Central Fire Station”, 60 Lake Avenue, Tax I.D. 165.60-2-3 Additional actions requiring review: removal or alteration of any interior feature. Only ordinary maintenance or repair of any interior feature is excluded from review. h. “Gideon Putnam Cemetery”, South Franklin Street, Tax I.D. 165.66-2-38 Additional actions requiring review: removal, addition alteration, or cleaning of any cemetery feature such as grave markers, structures, sculptures, monuments, pavilions, benches, topography, fences, lights, walkways and roads. Only ordinary maintenance or repair is excluded from review. i. “Smiley-Brackett Cottage”, 166 Excelsior Avenue, Tax I.D. 168.-1-15.2 K. L. Prevent Deterioration in Historic Districts 1. No owner or person with an interest in real property designated as a city landmark or designated as a contributing property within a local historic district may permit the property to fall into a serious state of disrepair so as to result in the deterioration of any exterior architectural feature which would produce a detrimental effect upon the character of the historic district as a whole or the life and character of the property itself. 2. Such deterioration includes, but is not limited to: a. Deterioration of exterior walls or other vertical supports. b. Deterioration of roofs or other horizontal members. c. Deterioration of exterior chimneys. d. Deterioration or crumbling of exterior stucco or mortar. e. Ineffective waterproofing of exterior walls, roofs, or foundations, including broken windows or doors. 3. Any complaint to a City official charged with the enforcement of this Ordinance may be referred to the Design Review Board for an opinion as to whether the condition of the property constitutes a violation of this section. 4. The Design Review Board will review the complaint in a public meeting. A notice of the public meeting must be sent to the property owner no less than 30 days prior to the date of the meeting. The Design Review Board will forward their recommendation to the Zoning Officer. 5. Any property condition identified by the Design Review Board as a violation of this section will be referred to the Zoning Officer for enforcement. The Zoning Officer will issue a report to the Design Review Board summarizing the enforcement efforts undertaken, and any proposed or agreed resolution. Part III: Zoning Board of Appeals Applications 13.10 VARIANCES -– AREA, AND USE, AND ADMINISTRATIVE A. Purpose Article 13. Land Use Board Applications City of Saratoga Springs UDO 13-50 A13 LUBApps 2026-04-21 Draft Redlined v3April 2023 The purpose of the variance process is to provide a narrowly circumscribed means by which relief may be granted from unforeseen applications of this Ordinance that create practical difficulties or particular hardships. B. Initiation An applicant may only propose a variance for property under his/her control. C. Authority The Zoning Board of Appeals will take formal action on variances. D. Procedure 1. Action by Zoning Board of Appeals a. Upon receipt of a complete application, the Zoning Board of Appeals will consider the variance at a public hearing. b. The Zoning Board of Appeals must evaluate the application based upon the evidence presented at the public hearing, pursuant to the approval standards of this section. c. In rendering its decision on any application, the Zoning Board of Appeals must comply with all applicable provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations. d. Within 62 days of the close of the public hearing, the Zoning Board of Appeals must either approve, approve with conditions, or deny the variance. e. The Zoning Board of Appeals, in granting a use or area variance, will grant the minimum variance it deems necessary and adequate while, at the same time, preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. f. Every variance must be signed and dated by the Chairperson and must document the circumstances of the application and the findings on which the decision is based. g. Every variance decision must be filed in the Office of the City Clerk within five business days thereof and a copy provided to the applicant and to the Building Department. 2. Conditions The Zoning Board of Appeals, in granting a use or area variance, has the authority to impose such reasonable conditions and restrictions as are directly related, and incidental, to the proposed use of the property. Such conditions must be consistent with the spirit and intent of this Ordinance and are imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community. 3. Expiration and Extensions a. Unless otherwise specified or extended by the Zoning Board of Appeals, a variance approval expires 18 months following the filing date of such decision if the applicant has not complied with any required conditions and started actual construction, or otherwise implemented this approval. Actual construction is defined as the fastening or placing of construction materials in a permanent manner, the excavation of a basement, or the demolition or removal of any existing structure if no new construction is approved. b. The Zoning Board of Appeals may grant up to two 18 month extensions for an approved variance provided that the application for extension was properly submitted prior to the expiration date of either the original variance or the first extension. When requesting an extension, it is the applicant's responsibility to prove that there have been no significant changes to the site or neighborhood and that the circumstances and findings of fact by which the original approval was granted have not significantly changed. E. Variance Types and Approval Standards 1. Area Variance Article 13. Land Use Board Applications City of Saratoga Springs UDO 13-51 A13 LUBApps 2026-04-21 Draft Redlined v3April 2023 a. An area variance provides relief from the dimensional or physical requirements imposed by the applicable zoning regulations. An area variance does not authorize any change in the type of use of the property. b. In making its determination whether to grant an area variance, the Zoning Board of Appeals will take into consideration the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety, and welfare of the neighborhood or community by such grant. In making such determination, the Zoning Board of Appeals will also consider: i. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance. ii. Whether the benefit sought by the applicant can be achieved by some method feasible for the applicant to pursue, other than an area variance. iii. Whether the requested area variance is substantial. iv. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. v. Whether the alleged difficulty was self-created, which is relevant to the decision of Zoning Board of Appeals, but does not necessarily preclude the granting of an area variance. 2. Use Variance a. A use variance provides relief to allow the use of land for a purpose that is otherwise not allowed or is prohibited by the applicable zoning regulations. b. The Zoning Board of Appeals will not grant a use variance unless the applicant has demonstrated that applicable zoning regulations and restrictions have caused unnecessary hardship. In order to prove unnecessary hardship, the applicant must demonstrate that for each and every permitted use for the particular district where the property is located: i. The applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence. ii. The alleged hardship relating to the property in question is unique and does not apply to a substantial portion of the district or neighborhood. iii. The requested use variance, if granted, will not alter the essential character of the neighborhood. iv. The alleged hardship has not been self-created. 3. Administrative Appeals of Design Review Board Decisions This section shall be administered consistent with the authority of the ZBA under New York General City Law §§81‑a and 81‑b. a. Purpose and Intent i. An appeal to the Zoning Board of Appeals shall be accepted only where the appellant demonstrates that the Design Review Board decision involves one or more of the following: • misinterpretation or incorrect application of the provisions of this Ordinance; • requests for relief where strict application of an applicable DRB standard would result in practical difficulty or economic hardship; and • demolition-related hardship appeals where expressly authorized by this Ordinance. ii. The ZBA shall not substitute its design, architectural or historic preservation judgment for that of the DRB. The ZBA shall determine whether the DRB decision was consistent with the requirements and standards of this Ordinance. iii. Disagreement with the Design Review Board’s evaluation of architectural compatibility, aesthetic judgment, or design preference shall not constitute grounds for appeal. Article 13. Land Use Board Applications City of Saratoga Springs UDO 13-52 A13 LUBApps 2026-04-21 Draft Redlined v3April 2023 b. Applicability i. A final written decision of the DRB may be appealed to the ZBA only in the following circumstances: • Interpretation Appeals – alleging that the DRB incorrectly interpreted a definition, standard, threshold, exemption, or other provision of this Ordinance. • Hardship Relief from Required Standards – seeking relief where strict compliance with a required design or material standard would result in practical difficulty or economic hardship. • Demolition, Removal, or Relocation Hardship Appeals – where this Ordinance authorizes hardship relief following a DRB denial. ii. Advisory recommendations of the DRB that do not constitute final decisions shall not be appealable. c. Filing of Appeal i. An appeal shall be taken within sixty (60) days after the filing of the final DRB decision. ii. The notice of appeal shall include: • name and address of the appellant; • property address and tax parcel number; • date of the DRB decision; • copy of the DRB decision; • the ordinance provision alleged to have been misinterpreted or misapplied; • statement of grounds for appeal; • the relief requested; and • hardship documentation where applicable. d. Stay of Proceedings The filing of an appeal shall stay further administrative action related to the decision being appealed unless the administrative official certifies that a stay would cause imminent peril to life or property. e. Scope of ZBA Review i. The ZBA shall review the administrative record and determine whether the DRB: • correctly interpreted and applied this Ordinance; • acted within its jurisdiction; and • followed required procedures. ii. The ZBA may affirm, reverse, modify, or remand the decision appealed from, or grant hardship relief where authorized. iii. Any relief granted shall represent the minimum necessary deviation from the requirements of this Ordinance to alleviate the demonstrated hardship. f. Hardship Relief from Required Standards i. Where strict compliance with a required design, preservation, or material standard would result in practical difficulty or undue hardship, the Zoning Board of Appeals may grant relief consistent with the authority granted under New York General City Law §81-b. • In determining whether relief should be granted, the Zoning Board of Appeals shall weigh the benefit to the applicant against the potential detriment to the health, safety, and welfare of the neighborhood or community and shall consider the following factors: • whether the benefit sought by the applicant can be achieved by some method feasible for the applicant to pursue other than relief from the standard; • whether the requested relief is the minimum necessary to address the practical difficulty; Article 13. Land Use Board Applications City of Saratoga Springs UDO 13-53 A13 LUBApps 2026-04-21 Draft Redlined v3April 2023 • whether the requested relief would alter the character of the historic or architectural district or impair the intent of the district regulations; • whether the practical difficulty or hardship is unique to the property; and • whether the hardship is self‑created. g. Completeness Determination for Hardship Applications i. Applications requesting hardship relief shall include all documentation required by this section. ii. Upon receipt of a hardship appeal, the administrative official designated by this Ordinance shall review the submission for completeness. iii. Within fifteen (15) business days, the Administrator of Planning or designate shall notify the applicant whether the submission is complete or identify additional information required. iv. No hardship appeal shall be scheduled for a ZBA public hearing until the application is deemed complete. h. Economic Hardship Application Requirements i. Applicants requesting hardship relief shall provide documentation including, where applicable: • A copy of the Design Review Board decision being appealed, including any findings or conditions issued by the Board. • A written statement describing the practical difficulty or hardship resulting from strict compliance with the applicable Design Review Board standard, including identification of the specific standard from which relief is requested. • Documentation demonstrating that the applicant has made reasonable efforts to modify the proposed design to comply with the applicable Design Review Board standard prior to seeking hardship relief. • Description of Property Conditions: existing building configuration, site constraints, structural limitations, historic construction characteristics, other physical conditions affecting compliance • A description of reasonable alternatives considered by the applicant that would comply with the required standard, including an explanation of why such alternatives are not feasible. • An explanation demonstrating that the requested relief represents the minimum modification necessary to address the practical difficulty or hardship. • Information demonstrating that the requested relief will preserve, to the greatest extent practicable, the intent of the applicable district regulations and will not materially impair the historic, architectural, or streetscape character of the district. • Supporting materials necessary to evaluate the request, which may include: architectural drawings or elevations, photographs, material specifications, structural reports where relevant, cost estimates where financial hardship is claimed. i. Demolition, Removal, or Relocation Hardship Appeals Where hardship relief is requested from a DRB denial of demolition, removal, or relocation, the appellant must demonstrate that denial would prevent the owner from earning a reasonable return on the property. i. A feasibility analysis prepared by a qualified professional evaluating the cost of rehabilitation and the potential for continued use or adaptive reuse of the structure. ii. Documentation demonstrating whether the property can provide a reasonable economic return if rehabilitated in compliance with applicable standards. iii. Additional evidence may include: • acquisition price and date • ownership structure • income and expense statements • mortgage balances and debt service Article 13. Land Use Board Applications City of Saratoga Springs UDO 13-54 A13 LUBApps 2026-04-21 Draft Redlined v3April 2023 • tax returns • listing history and marketing efforts • structural reports prepared by licensed professionals • rehabilitation and demolition cost estimates • estimated market value comparisons under alternative scenarios j. Findings and Decision i. The Zoning Board of Appeals shall issue a written decision that includes findings of fact and conclusions based on the standards of this section. ii. The decision shall specifically address: • the grounds for appeal; • whether the DRB correctly interpreted and applied this Ordinance; • whether the appellant met the burden of proof for hardship relief where requested; and • whether the relief granted represents the minimum deviation necessary. iii. The decision shall be filed with the City Clerk and mailed to the appellant and the Design Review Board. k. Decision Deadline i. The Zoning Board of Appeals shall render its decision within sixty‑two (62) days after the close of the public hearing unless an extension is agreed upon by the applicant. ii. This deadline is intended to align with the decision timeframe established under New York General City Law §81‑a. F. Procedure to Rehear In order to rehear an appeal previously determined by the Zoning Board of Appeals, the following must occur: 1. A Zoning Board of Appeals member must move to formally rehear the appeal. 2. A unanimous vote of all Zoning Board of Appeals members present must approve the motion to rehear. 3. The appeal shall be subject to the same notice provisions as an original hearing. 4. The Zoning Board of Appeals may reverse, modify or annul its original decision provided the Zoning Board of Appeals finds that the rights vested in persons acting in good faith reliance upon the reheard order, decision or determination will not be prejudiced thereby. 5. A unanimous vote of all Zoning Board of Appeals members present is required to reverse, modify, or annul its original decision. G. Planning Board Recommendation Pursuant to General City Law Section 33.6, if a proposed subdivision plat contains one or more lots that do not comply with this Ordinance and, therefore, requires an area variance, then the Zoning Board of Appeals will request that the Planning Board provide a written recommendation concerning the proposed variance. 13.11 ZONING INTERPRETATION A. Purpose The interpretation process is intended to provide appropriate checks and balances on the administrative authority of the Zoning Officer. B. Initiation An aggrieved party may file an interpretation seeking to overturn a determination made by the Zoning Officer charged with the enforcement of this Ordinance. Article 13. Land Use Board Applications City of Saratoga Springs UDO 13-55 A13 LUBApps 2026-04-21 Draft Redlined v3April 2023 C. Authority The Zoning Board of Appeals will take formal action on interpretation applications. D. Procedure 1. The Zoning Board of Appeals will conduct a public hearing on the interpretation application. 2. Within 62 days of receipt of a complete application, unless an extension of time is agreed to by the applicant and the Zoning Board of Appeals, the Zoning Board of Appeals will make a decision. 3. The Zoning Board of Appeals must evaluate the application based upon the evidence presented at the public hearing. 4. The Zoning Board of Appeals must affirm, modify, impose restrictions, or overrule the initial decision. 5. Every decision must be signed and dated by the Chairperson and must document the circumstances of the application and the findings on which the decision is based. 6. Every decision must be filed in the Office of the City Clerk within five business days thereof and a copy provided to the applicant and to the Building Department. Article 13. Land Use Board Applications City of Saratoga Springs UDO 13-56 A13 LUBApps 2026-04-21 Draft Redlined v3April 2023 Part IV: Zoning Officer Applications 13.12 ZONING DETERMINATION A. Purpose The determination authority is intended to recognize that the provisions of this Ordinance, though detailed and extensive, cannot, as a practical matter, address every specific zoning issue. However, this zoning determination authority is not intended to add or change the essential content of the Ordinance. B. Initiation The City Council, Planning Board, Design Review Board, or a petitioner may initiate a zoning determination application. C. Authority The Zoning Officer will review and make final decisions on written requests for zoning determination. D. Procedure 1. The Zoning Officer must review a written request for a determination and render the determination in writing. 2. The Zoning Officer may request additional information prior to rendering a determination. Until such additional material is received, review is temporarily suspended. E. Appeal by Interpretation A determination of the Zoning Officer may only be appealed if an application is filed within 60 days of the date the decision is filed in the Building Department. 13.13 SIGN PERMIT A. Applicability No sign, except those identified as exempt from a sign permit by this Ordinance, may be erected, constructed, altered, or relocated without first obtaining a sign permit. B. Authority The Zoning Officer is responsible for determining compliance. C. Process 1. Plans and a sign permit application must be filed with the Zoning Officer showing the dimensions, materials, and required details of construction, including loads, stresses, anchorage, and other pertinent data. 2. Prior to issuance of a sign permit in the Historic Review and Architectural Review Overlay Districts, the Design Review Board will review all signs for compatibility per Section 13.9. 3. The permit application must be accompanied by the written consent of the owner of the premises upon which the sign is to be erected. 4. Once the application is complete, the Zoning Officer will examine the plans and specifications and the premises upon which the proposed sign is to be erected for compliance with this Ordinance. 5. Once the compliance is determined, the Building Inspector will release a sign permit. 6. If construction is not commenced within 120 days from the date of issuance, the permit expires. Article 13. Land Use Board Applications City of Saratoga Springs UDO 13-57 A13 LUBApps 2026-04-21 Draft Redlined v3April 2023 13.14 TEMPORARY USE PERMIT - ZONING OFFICER APPROVAL A. Purpose 1. A temporary use permit allows for the short-term use and/or placement of temporary structures on a lot. There are two levels of approval of temporary use permits - approval by the Zoning Officer and approval by the Planning Board, as stated within Section 8.5. 2. The temporary use permit regulates temporary uses that occur entirely on and within a lot. Temporary uses located within the public right-of-way are regulated separately by the City Code. B. Authority The Zoning Officer will review and make final decisions on temporary use permit applications as required by Section 8.5. C. Procedure The Zoning Officer will render a decision on the temporary use permit within 30 days of the date of receipt of a complete application. The Zoning Officer must review and evaluate the application, pursuant to the standards of this section, and approve, approve with conditions, deny the application, or refer the application to the Planning Board. D. Approval Standards All temporary uses must comply with the requirements of this Ordinance, including the temporary use standards of Section 8.5, and the following standards: 1. The temporary use does not adversely impact the public health, safety, and welfare. 2. The temporary use is operated in accordance with any restrictions and conditions as the Police and Fire District, or other City officials, may require. 3. The temporary use does not conflict with another previously authorized temporary use. 4. The temporary use provides adequate parking if needed. If located on a lot with an operational principal use, does not impact the parking and site circulation of the principal use. 5. The temporary use permit is valid for the time period granted as part of the approval. E. Appeal to the Zoning Board of Appeals A decision of the Zoning Officer may only be appealed if an application is filed within 60 days of the date the decision is filed in the administrative office of the Zoning Officer. Article 13. Land Use Board Applications City of Saratoga Springs UDO 13-58 A13 LUBApps 2026-04-21 Draft Redlined v3April 2023 Part V: City Council Applications 13.15 ZONING TEXT AND MAP AMENDMENT A. Purpose The regulations imposed and the districts created by this Ordinance may be amended from time to time in accordance with this section. This process for amending the Ordinance text or the Zoning Map is intended to allow modifications in response to omissions or errors, changed conditions, or changes in City policy. Amendments are not intended to relieve particular hardships or confer special privileges or rights upon any person or party. B. Initiation The City Council, Planning Board, Design Review Board, Zoning Board of Appeals, or petitioner may propose a zoning text or map amendment. C. Authority 1. The City Council shall have the authority to amend this Chapter or the Zoning Map. D. Procedure 1. Determination of Merit for Review by City Council a. The City Council will determine whether the Planning Board, Design Review Board, or Zoning Board of Appeals recommendation or petitioner’s application has merit for review and if it will be considered. b. No determination of merit is required if the owners of 50% or more of the frontage in any district, or part thereof, present a petition duly signed and acknowledged to the City Council requesting an amendment of the regulations prescribed for that district, or part thereof. The Council must vote on the petition within 90 days of filing with the Secretary of the City Council. c. Upon determination that a proposed amendment has merit for review or is exempt from such determination, the City Council shall seek advisory opinion from the City Planning Board, and the Saratoga County Planning Board as required by General Municipal Law. In addition, for text or map amendments to the design review process, districts, or landmarks, the Council must seek an advisory opinion from the Design Review Board. 2. Action by Planning Board a. Upon referral, the Planning Board will consider the proposed zoning amendment at a public meeting. The Planning Board may hold a public hearing at its discretion. b. The Planning Board must evaluate the application based upon the evidence presented at the public meeting, pursuant to the approval standards of this section. For zoning text amendments, the Planning Board must recommend approval, approval with modifications, or denial of the application. For zoning map amendments, the Planning Board must recommend approval or denial of the application. c. Within 60 days of referral, the Planning Board must forward its recommendation to the City Council, unless an extension is agreed to by mutual consent. 3. Action by Design Review Board - Design Review Process Amendments a. Upon referral, the Design Review Board will consider the proposed zoning amendment at a public meeting. b. The Design Review Board must evaluate the application and find that the proposed revision is not contrary to the intent and objects of historic review and architectural review. The Design Review Board must recommend approval, approval with modifications, or denial of the application. c. Within 60 days of referral, the Design Review Board must forward its recommendation to the City Council, unless an extension is agreed to by mutual consent. Article 13. Land Use Board Applications City of Saratoga Springs UDO 13-59 A13 LUBApps 2026-04-21 Draft Redlined v3April 2023 4. Action by City Council The City Council, after receiving recommendations from the City Planning Board, the Saratoga County Planning Board, and, if applicable, Design Review Board, will hold a public hearing, subject to the noticing requirements of Section 13.3. The City Council may take action in the form of approval, approval with modifications, or denial on applications for zoning text amendments, and approval or denial on applications for zoning map amendments. E. Approval Standards The Planning Board recommendation and the City Council decision on any zoning text or map amendment is a matter of legislative discretion. However, in making their recommendation and decision, the Planning Board and the City Council must consider the following standards. The approval of amendments is based on these standards and any additional relevant factors. 1. Approval Standards for Map Amendments a. The consistency of the proposed amendment with the Comprehensive Plan and associated adopted land use policies. b. The extent to which the proposed amendment promotes the public health, safety, and welfare of the City. c. The suitability of the property for the purposes for which it is presently zoned, i.e. the feasibility of developing the property in question for one or more of the uses permitted under the existing zoning classification. d. The extent to which the proposed amendment creates or eliminates nonconformities. e. Whether adequate public facilities are available including, but not limited to, schools, parks, police and fire protection, roads, sanitary sewers, storm sewers, and water lines, or are reasonably capable of being provided prior to the development of the uses, which would be permitted on the subject property if the amendment were adopted. 2. Approval Standards for Text Amendments a. The consistency of the proposed amendment with the Comprehensive Plan and whether the proposed amendment provides a more workable way to achieve the intent and purposes of this Ordinance and the Comprehensive Plan. b. The consistency of the proposed amendment with the intent and general regulations of this Ordinance. c. The extent to which the proposed amendment promotes the public health, safety, and welfare of the City. d. Whether the proposed amendment corrects an error or omission, adds clarification to existing requirements, or reflects a change in policy. e. The extent to which the proposed amendment creates nonconformities. F. Written Protest of Amendment 1. A protest against an amendment to this Ordinance must be signed by the owners of one or more of the following: a. 20% or more of the land area included in the proposed amendment. b. 20% or more of the land area immediately adjacent to and extending 100feet from the land area included in the proposed amendment. c. 20% or more of the land directly opposite thereto and extending 100 feet from the street, road, or highway frontage of such opposite land. 2. A protested amendment requires the favorable vote of at least four Council members. Article 13. Land Use Board Applications City of Saratoga Springs UDO 13-60 A13 LUBApps 2026-04-21 Draft Redlined v3April 2023 13.16 PLANNED UNIT DEVELOPMENT A. Purpose Planned unit developments (PUD) are a special approval intended to encourage and allow more creative and flexible development of land than is possible under district zoning regulations and should only be applied to further those applications that provide compensating amenities to the City. Approved planned unit developments are located in Chapter 167 of the City Code. B. Initiation The entire property proposed for the planned unit development must be in single ownership or under unified control. All owners of the property must be included as joint applicants on all applications and all approvals will bind all owners. C. Authorization A planned unit development shall require approval by the City Council. A planned unit development may be authorized in all zoning districts except the RR District. D. Permitted Density The maximum density permitted in any proposed PUD, or subsequent amendment thereto, shall not cumulatively exceed 20% in addition to the maximum density envisioned by either the current Comprehensive Plan or by the applicable zoning in effect immediately prior to the adoption of the original PUD, whichever is lower. E. Exceptions from District Regulations 1. A planned unit development is subject to the underlying zoning district regulations, including use, parking, signs, and all other district regulations, unless an exception is specifically granted. The Planning Board may recommend, and the City Council may grant, exceptions to the zoning district regulations, including use, for a planned unit development. 2. Exceptions from district regulations may be granted for planned unit developments, if the exceptions: a. Enhance the overall merit of the planned unit development. b. Promote the objectives of both the City and the development. c. Enhance the quality of the design of the structures and the site plan. d. Will not cause excessive adverse impact. e. Are compatible with adopted City land use policies. f. Provide a public benefit to the City, as described below. 3. In no case may an exception to district regulations be granted unless the applicant demonstrates a substantial benefit to the City. Design characteristics and amenities to be considered in this determination include, but are not limited to, the following examples. Additional benefits not listed below may be included. Dependent on the nature and scale of the PUD, a combination of different types of benefits may be required. a. Community amenities, including plazas, malls, formal gardens, and public art, and bicycle, transit, and pedestrian facilities. b. Preservation of existing environmental features. c. Preservation of historic features. d. Open space and recreational amenities such as recreational open space, including accessory buildings, trails and fitness courses, and playgrounds, dog parks, skate parks, and similar recreational features. e. Reduction of impervious surface throughout the development below the threshold required by the district. f. Adaptive reuse of existing buildings. g. Affordable housing set-asides. Article 13. Land Use Board Applications City of Saratoga Springs UDO 13-61 A13 LUBApps 2026-04-21 Draft Redlined v3April 2023 F. Public Improvements and Public Realm Design 1. If required, public improvements must be constructed and designed in accordance with Article 15 of this Ordinance unless specifically exempted by City Council. 2. If required, improvements to the public realm must be constructed and designed in accordance with Article 18 of this Ordinance unless specifically exempted by City Council. G. Procedure The following procedures, requirements, restrictions, and conditions are required. The approval of a planned unit development includes a pre-application consultation, concept plan, development plan approval, and final site plan approval. 1. Pre-Application Consultation a. Prior to formal submittal of an application, a pre-application conference with the Planning Department Staff is required. b. At a pre-application consultation, the applicant must provide: i. A map (or maps) in general form containing the proposed land uses, the natural features of the development site, the character and approximate location of all roadways and access drives proposed, the location of all adjacent public streets, public utilities, and schematic drawings showing the size, character, and disposition of buildings on the site. ii. A summary of the public benefits and amenities and any anticipated exceptions to this Ordinance. iii. A written statement containing a general explanation of the planned unit development, including a statement of the present ownership of all the land within said development and the expected schedule of construction. c. The purpose of such pre-application consultation is to make advice and assistance available to the applicant before preparation of the development plan, so that the applicant may determine whether the proposed planned unit development is in compliance with this Ordinance and other applicable regulations, and whether the proposed planned unit development aligns with the adopted land use policies of the City. d. The pre-application conference does not require formal application, fee, or filing of a planned unit development application. Any opinions or advice provided by Planning Department Staff are in no way binding with respect to any official action that may be taken on the subsequent formal application. No decision will be made on the application. 2. Concept Plan Along with a formal application for a planned unit development, the applicant must submit a concept plan for consideration by City Council. At minimum, the concept plan must consist of the following: a. A map or maps in general form containing the proposed land uses, the natural features of the development site, the character and approximate location of all roadways and access drives proposed within the planned unit development, the location of all adjacent public streets, public utilities, and schematic drawings showing the size, character, and disposition of buildings on the site. b. A written statement containing a general explanation of the planned unit development, including a statement of the present ownership of all the land within said development and the expected schedule of construction. c. Detailed information regarding the public benefits and amenities proposed to be provided. d. Sufficient information to demonstrate compliance with the Approval Standards of Section 13.16.G.3.f to be evaluated by City Council and the Planning Board. e. Proposed legislation which specifies the requirements of the underlying zoning district and authorizes any desired exceptions or expected deviations from the requirements of this Ordinance. Article 13. Land Use Board Applications City of Saratoga Springs UDO 13-62 A13 LUBApps 2026-04-21 Draft Redlined v3April 2023 3. Development Plan Process a. Determination of Merit for Review by City Council i. The City Council will determine whether the planned unit development application has merit for review and if it will be considered. ii. No determination of merit is required if the owners of 50% or more of the frontage in any district, or part thereof, present a planned unit development to the City Council. The Council must vote on the petition within 90 days of filing with the Secretary of the City Council. iii. Upon determination that a planned unit development application and Concept Plan has merit for review or is exempt from such determination, the City Council shall refer the application to the City Planning Board for review, refinement, and recommendation. In addition, for planned unit development applications involving an architectural or historic review district, the Council shall refer the application to the Design Review Board. b. Action by the Planning Board i. Upon referral, the Planning Board will consider the proposed concept plan at a public meeting. The Planning Board may hold a public hearing at its discretion. ii. The Planning Board must evaluate the application based upon the information presented at the public meeting, pursuant to the approval standards of this section. The Planning Board must recommend approval, approval with modifications, or denial of the development plan. iii. Within 90 days of receipt of referral, the Planning Board must forward its recommendation to the City Council, unless an extension is agreed to by mutual consent. c. Action by the Design Review Board i. For planned unit developments involving any property within the Historic and Architectural Review Overlay Districts, an advisory opinion from the Design Review Board is required. ii. Upon referral, the Design Review Board will consider the proposed PUD at a public meeting. iii. The Design Review Board must evaluate the application and make a determination on whether the proposed revision is consistent with the intent and objectives of Historic and Architectural Review Overlay Districts and the design review process. The Design Review Board must recommend approval, approval with modifications, or denial of the application. iv. Within 90 days of receipt of referral, the Design Review Board must forward its recommendation to the City Council, unless an extension is agreed to by mutual consent. d. Action by City Council Through the process of review by the Planning Board and the Design Review Board, if applicable, the applicant shall incorporate any necessary recommendations and refine the Concept Plan into a finalized, actionable Development Plan. The City Council will determine whether to consider the PUD Development Plan for formal action. Should they determine to consider the PUD Development Plan for formal action, the City Council will refer the Development Plan to the Saratoga County Planning Board for review. With consideration of the advisory opinions from the City Planning Board, the County Planning Board and, if applicable, the Design Review Board, the City Council will hold a public hearing, subject to the noticing provisions of Section 13.3. Following public hearing and SEQRA evaluation, City Council may take action in the form of approval, approval with modifications, or denial of the development plan. The City Council may, at any time, return the application to the Planning Board for additional review and recommendations. e. Conditions The Planning Board may recommend and the City Council may impose conditions and restrictions upon the establishment, location, construction, maintenance, and operation of the planned unit development as may be Article 13. Land Use Board Applications City of Saratoga Springs UDO 13-63 A13 LUBApps 2026-04-21 Draft Redlined v3April 2023 deemed necessary for the protection of the public health, safety, and welfare. Such conditions and restrictions must be reflected in the final site plan. f. Approval Standards The recommendation of the Planning Board and decision of the City Council must make a finding that the following standards for a planned unit development have generally been met. i. The proposed planned unit development is consistent with the goals and objectives of the Comprehensive Plan. ii. The proposed planned unit development meets the purpose of a planned unit development. iii. The proposed planned unit development will not impede the normal and orderly development and improvement of surrounding property. iv. There is provision for adequate utilities and infrastructure, drainage, off-street parking and loading, pedestrian access, and all other necessary facilities. v. There is provision for adequate vehicular ingress and egress designed to minimize traffic congestion upon public streets. A traffic study may be required to provide evidence that the circulation system is adequate. vi. The location and arrangement of structures, parking areas, walks, landscape, lighting, and other site design elements, are compatible with the surrounding neighborhood and adjacent land uses. g. Expiration and Extensions i. The development plan approval expires if a complete application for approval of a final plan has not been filed within one year after the date the City Council grants development plan approval. As part of the approval of the development plan, the City Council may extend this period of time including approval of a phasing plan where the validity period is longer than one year for the planned unit development. ii. An extension of this one year period may also be granted by the City Council if the applicant requests an extension in writing prior to the expiration date of the approval. A public hearing for an extension of time of a development plan is not required. h. Written Protest of PUD i. A protest against a proposed PUD must be signed by the owners of one or more of the following: • 20% or more of the land area included in the proposed PUD. • 20% or more of the land area immediately adjacent to and extending 100 feet from the land area included in the proposed PUD. • 20% or more of the land directly opposite thereto and extending 100 feet from the street, road, or highway frontage of such opposite land. ii. A protested PUD requires the favorable vote of at least four Council members. 4. Final Site Plan a. Action by Planning Department Staff The Planning Department Staff will review the final site plan upon receipt of the complete final site plan application and take the following action: i. If the final site plan is in substantial compliance with the approved development plan, the Planning Department Staff will certify to the Planning Board that the final site plan is in substantial conformance with the previously filed development plan. Article 13. Land Use Board Applications City of Saratoga Springs UDO 13-64 A13 LUBApps 2026-04-21 Draft Redlined v3April 2023 ii. If the final site plan is not in substantial conformance with the approved development plan, the Planning Department Staff must inform the applicant as to specific areas found not to be in compliance, and the applicant must resubmit the final site plan to the Planning Department Staff with changes to those areas found not to be in substantial compliance and the validity of the development plan remains in effect. If the revised final site plan remains noncompliant with the development plan, the applicant may request that the Planning Department Staff render a decision to be forwarded to the Planning Board. In such case, the Planning Department Staff will advise the Planning Board on any areas of noncompliance with the development plan. b. Action by Planning Board Upon receipt of the Planning Department Staff evaluation, the Planning Board must review the final site plan. The Planning Board must approve or deny the final plan. If denied, the applicant may reapply by submitting a new final site plan and the validity of the development plan remains in effect. Alternatively, the applicant may submit the final plan as a new development plan at the development plan stage. c. Effect of Approval After final site plan approval, the final site plan will constitute the development regulations applicable to the subject property. The planned unit development must be developed in accordance with the final site plan, in addition to the zoning district regulations otherwise applicable to the property. Violation of any condition is a violation of this Ordinance and constitutes grounds for revocation of all approvals granted for the planned unit development. d. Expiration and Extensions i. The final site plan approval expires if a building permit has not been issued within two years after the date of final site plan approval. As part of the Planning Board approval of the final site plan, the Planning Board may extend this period of time including approval of a phasing plan where the validity period is longer than two years for the PUD. ii. An extension of this two year period may also be granted by the City Council if the applicant requests an extension in writing prior to the expiration date of the approval. A public hearing for an extension of time of a development plan is not required. H. Modifications to Approved Final Site Plans No adjustments may be made to the approved final site plan, except upon application to the City in accordance with the following. 1. Minor Modifications The Planning Board may approve the following minor modifications to an approved final site plan when it is determined by the Planning Board that such changes are in general conformance with the approved development plan. Any changes considered a major modification, as defined in this section, cannot be approved as a minor modification and any proposed change that is not compliant with the existing PUD legislation, development plan, or the underlying zoning district may not be evaluated as a minor modification. The Planning Board, at its sole discretion, may choose to classify a modification that meets the criteria of this section as a major modification to be approved by the City Council. No notice is required for a minor modification. When calculating percentages, all fractions are rounded up to the nearest whole number. a. Changes required during construction when related to final engineering issues such as topography, drainage, underground utilities, structural safety, or vehicular circulation, to be confirmed by the City Engineer. b. Changes in building location of no more than ten feet that continue to meet the requirements of this Ordinance and any conditions of the final plan approval. c. Changes to a structure that do not increase the building footprint, gross floor area, or height. d. Changes in building design, including building materials, that continue to meet the requirements of this Ordinance and any conditions of the final plan approval. e. Modifications to the approved landscape plan that do not result in a reduction of the total amount of plant material required and conform with all landscape requirements of this Ordinance. f. An increase or decrease in building height of up to 10%. Article 13. Land Use Board Applications City of Saratoga Springs UDO 13-65 A13 LUBApps 2026-04-21 Draft Redlined v3April 2023 g. An increase or decrease in building coverage up to 10%. h. A change in the location of walkways, vehicle circulation ways, and parking areas up to 20 feet. i. An increase or decrease in the number of parking spaces of up to 20 parking spaces. j. A change to the landscape plan that results in a reduction of plant material but does not violate the landscape requirements of this Ordinance. k. Altering any final grade by no more than 20% of the originally planned grade. 2. Major Modifications a. The City Council, following a public meeting and recommendation by the Planning Board and a SEQRA determination, may approve any other changes to an approved final site plan that do not qualify as a minor modification. In addition, any of the following are considered major modifications: i. Any request for an extension of time of the approved final site plan. ii. Changes to any conditions imposed as part of the approved final site plan. iii. Reductions or alterations in the approved public benefit and amenities to be provided. iv. Any development action that does not comply with zoning district regulations. b. The Planning Board will consider the proposed major modification at a public meeting. The Planning Board will then forward its recommendation to the City Council. The City Council may approve a major modification to a final site plan if they find such changes are in general conformance with the approved development plan, necessary for the continued successful functioning of the planned unit development, respond to changes in conditions that have occurred since the final site plan was approved, and/or respond to changes in adopted City land use policies. c. Upon review of the proposed major modifications, the City Council may determine that the proposed modifications constitute a new planned unit development and the final plan must be resubmitted as a development plan and follow the procedures of approval in this Section. The applicant may submit the final site plan as a new development plan at the development plan stage.