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HomeMy WebLinkAbout2026 - 02 UDO Amendments A19 Nonconform 2026-04-21 Draft Redlined v1Article 19. Nonconformities City of Saratoga Springs UDO AprilMarch 20262022 19-1 Article 19. Nonconformities 19.1 GENERAL APPLICABILITY 19.2 NONCONFORMING USE 19.3 NONCONFORMING STRUCTURE 19.4 NONCONFORMING LOT OF RECORD 19.5 NONCONFORMING SITE ELEMENTS 19.6 NONCONFORMING SIGNS 19.1 GENERAL APPLICABILITY A. Authority to Continue Any use or structure established or constructed prior to June 1, 1980 which has been made nonconforming as of the effective date of this Ordinance, and any subsequent amendments, may continue subject to the provisions of this Article so long as it remains otherwise legal. Any use, structure, lot, or site element that legally existed as of the effective date of this Ordinance, and any use, structure, lot, or site element that has been made nonconforming as of the effective date of this Ordinance, and any subsequent amendments, may continue subject to the provisions of this Article so long as it remains otherwise legal. B. Burden on Property Owner The burden of establishing the legality of a nonconformity under the provisions of this Ordinance is the responsibility of the property owner or operator of the nonconforming use, structure, sign, site element, or lot. Based upon the evidence presented, the Zoning Officer will make a determination of the validity of the nonconforming status in accordance with Section 13.1312. C. Unlawful Use, Structure, Sign, Site Element, or Lot Any use or structure established or constructed in violation on or after June 1, 1980 and prior to the effective date of this Ordinance is not regarded as lawfully nonconforming and is not entitled to any of these rights. Any use or structure which is the subject of an unresolved written and recorded zoning violation prior to June 1, 1980 is not regarded as lawfully nonconforming. Lawful nonconforming status, in whole or in part, shall be determined by the Zoning Officer in accordance with Section 13.13 based on the specific facts and circumstances of the violation and the evidence presented. Any use, structure, sign, site element, or lot established or constructed in violation prior to the effective date of this Ordinance is not regarded as lawfully nonconforming and is not entitled to any of these rights. D. Safety Regulations All police power regulations enacted to promote public health, safety, and welfare, including, but not limited to, all building, fire, and health codes apply to nonconformities. 19.2 NONCONFORMING USE A. Expansion 1. A nonconforming use of a structure or land cannot be expanded, extended, enlarged, or increased in intensity. Such prohibited activity includes additions or enlargements of any structure devoted entirely to a nonconforming use, and any expansion, extension, or relocation of a nonconforming use to any other structure, any portion of the floor area, or any land area currently not occupied by such nonconforming use. 2. An increase in the amount of on-site parking provided is considered an expansion of a nonconforming use except when such additional parking spaces, combined with existing parking spaces, does not exceed the minimum required parking for the use. A nonconforming use may only increase on-site parking spaces to meet the minimum parking requirement of Table 10-3. B. Change of Use A nonconforming use can only be changed to a use allowed within the zoning district where it is located. When a nonconforming use has been changed, in whole or in part, to an allowed use, the whole or part that conforms cannot be changed back to a use that is not allowed in the district. A change of use occurs when an existing nonconforming Article 19. Nonconformities City of Saratoga Springs UDO AprilMarch 20262022 19-2 use has been terminated and another use has commenced. Any change in use in violation of this Ordinance is deemed an abandonment of the previously existing nonconforming use. C. Discontinuation or Abandonment If a nonconforming use is discontinued or abandoned for a continuous period of 12 months, the nonconforming use terminates automatically. Any subsequent use or occupancy of such land or structure must comply with all regulations of the zoning district in which the structure or land is located. A period of discontinuance caused through no fault of the property owner or tenant are not included in calculating the length of discontinuance or abandonment for this section. When a nonconforming use is offered for sale or lease, such sale period is not included in calculating the length of discontinuance or abandonment for this section; however, all equipment, building design, and similar use infrastructure must be maintained in working condition during the sale or lease period. The Zoning Officer may request evidence of active marketing during this period. D. Damage or Destruction In the event that any structure that is devoted in whole or in part to a nonconforming use is structurally damaged or destroyed through no fault of the property owner or tenant, the nonconforming use may be re-established provided that no new nonconforming uses are created and the degree of the previous nonconformity is not increased, and a building permit is obtained for such rebuilding, restoration, repair, or reconstruction within 12 months of the date of damage or destruction, and a certificate of occupancy is obtained prior to expiration of the building permit. In the event that a building permit is not obtained within 12 months, then the use cannot be re-established. If the structure containing the nonconforming use is also a nonconforming structure, the structure may only be rebuilt, restored, repaired, or reconstructed in accordance with Section 19.3. 19.3 NONCONFORMING STRUCTURE A. Maintenance Normal maintenance and repair may be performed on any nonconforming structure. No repairs or reconstruction are permitted that would create any new nonconformity or increase the degree of the previously existing nonconformity. B. Structural Alterations No structural alterations are permitted on any nonconforming structure, except in the following situations: 1. When the alteration is required by law or is necessary to restore the structure to a safe condition upon the order of any official charged with protecting public safety. 2. When the alteration will eliminate the nonconformity. 3. When the alteration will not create a new nonconformity or will not increase the degree of any existing nonconformity. C. Relocation A nonconforming structure cannot be relocated, in whole or in part, to any other location on the same lot unless such relocation would make the structure conforming. A nonconforming structure may be relocated to another lot only if the structure conforms to all regulations of the zoning district where it is relocated. D. Damage or Destruction If a nonconforming structure is destroyed or damaged through no fault of the property owner or tenant, regardless of the percent of damage, it may be rebuilt to its original condition before such casualty or loss if a building permit is obtained for such rebuilding, restoration, repair, or reconstruction within 12 months of the date of damage or destruction, and a certificate of occupancy is obtained prior to expiration of the building permit. In the event that the building permit is not obtained within 12 months, then the structure cannot be restored unless it conforms to all regulations of the district in which it is located. E. Replacement In-Kind Exemption Portions of Aa nonconforming structure may be replaced in-kind. Only the pre-existing nonconformity may be maintained and may not be increased in degree; all other zoning district standards must be met. However, if the structure’s foundation is removed, the legal nonconforming status is null and void and the structure must meet all district standards. F. Required Build-To Zone or Build-To Line Exemption Article 19. Nonconformities City of Saratoga Springs UDO AprilMarch 20262022 19-3 As of the effective date of this Ordinance, when an existing structure does not conform to the required build-to zone or build-to line of the applicable district, the structure is deemed exempt from that standard and may be expanded or altered without having to conform to build-to zone or build-to line of the district until the structure’s building footprint is expanded by 50% or more. If expansions to the structure are incremental, this is calculated as the sum total of all expansions that occur after the effective date of this Ordinance. Once the principal structure is demolished, deemed conforming status is null and void. G. Accessory Structures Newly defined accessory structures, as of the effective date of this Ordinance, built without a permit, do not have pre- existing nonconforming status. Article 19. Nonconformities City of Saratoga Springs UDO AprilMarch 20262022 19-4 19.4 NONCONFORMING LOT OF RECORD A. Use A nonconforming lot of record may be used for any use allowed within the zoning district. However, the use must be that associated with the smallest permissible lot size in the district. B. Development Development of nonconforming lots of record is permitted as follows: 1. Minimum lot size and minimum average lot width requirements do not apply to any lawfully recorded lot which was under different ownership from any adjoining land on or before August 25, 1961. 2. The owner of any lot in a residential district which does not conform to the district’s minimum lot size and minimum average lot width requirements may erect a single-family residence or accessory building if the lot legally existed on or before January 19, 1970 and is not under the same ownership as any adjoining land. 3. A zoning determination per Section 13.12 is required for verification of condition 1 or 2 above. 4. Further, such lots are subject to the following: a. Where two or more adjacent lots of record are held in common ownership and one or more of the lots does not meet the requirements for lot area and/or lot width, then the lots of record are considered to be a single zoning lot per this Ordinance. Common ownership means lots owned by the same property owner or the same legal entity. For the purposes of this section, common ownership also means lots owned by related parties, including legal entities with common principals. b. No portion of the zoning lot may be used, transferred, or conveyed which does not meet the lot width and lot area requirements established by this Ordinance. No division of the zoning lot may be made which leaves the remaining lot(s) with lot width or lot area below the requirements of the district. c. No building permit will be issued for the use of any lot, or portion of a lot, transferred or conveyed in violation of this section. 5. Development of any other legal nonconforming lot of record that does not meet the above conditions requires a variance. C. Lot Consolidation A nonconforming lot is permitted to consolidate with an adjacent lot, even if such consolidation still does not conform to the lot dimension requirements of the zoning district in which it is located. Such consolidation is seen as a reduction of the nonconformity. No new exemptions are conferred upon consolidation. The Zoning Officer will determine whether the resulting lot retains any previous exemptions. 19.5 NONCONFORMING SITE ELEMENTS A. Maintenance Normal maintenance and incidental repair to a nonconforming site element may be performed. However, no repairs or reconstruction are permitted that would create any new nonconformity or increase the degree of the previously existing nonconformity. B. Required Conformance 1. General All nonconforming site elements must be brought into conformance when the following occurs: a. A new principal building is constructed on a site. This includes construction of a second or more principal buildings on the site. b. An existing principal building is increased in building footprint square footage by 50% or more. Formatted: Left, Pattern: Clear Article 19. Nonconformities City of Saratoga Springs UDO AprilMarch 20262022 19-5 2. Nonconforming Parking Lot Landscape When a parking lot of 15 or more spaces does not conform to required parking lot landscape requirements, it must be brought into conformance when such parking lot is fully reconstructed or expanded by an additional 50% or more spaces (viz., the total number of spaces after expansion is 150% or more of the spaces prior to expansion). a. Resealing or re-striping of an existing parking lot, which does not entail paving, resurfacing, or replacement of the asphalt, concrete, or other paving material, is not considered reconstruction. b. If such action would result in creating a parking area that no longer conforms to the parking regulations of this Ordinance, such existing parking lot is not required to install all or a portion of the required landscape. The applicant is required to show that landscape cannot be accommodated on the site. c. If only certain requirements are able to be accommodated on the site, those elements are required. The Zoning Officer will make the determination that all or a portion of required landscape does not have to be installed. 3. Nonconforming Exterior Lighting For exterior lighting, when 25% or more of exterior lighting fixtures are replaced, all exterior lighting on the site must be brought into conformance. This requirement is calculated by dividing the number of new lighting posts and/or non-post mounted lighting fixtures to be installed by the total number of lighting posts and/or non-post mounted lighting fixtures on the site prior to replacement. Lighting mounting types (posts or non-post mounted lighting) are calculated separately (i.e., if only post lighting installation is being replaced, then only those types are counted, disregarding any non-post mounted lighting). 19.6 NONCONFORMING SIGNS A. A nonconforming permanent sign and sign structure may remain in use so long as it remains otherwise lawful and has not been damaged or destroyed to the extent of more than 50% of its value. A nonconforming permanent sign and sign structure that is damaged or destroyed to the extent of 50% or more of its value cannot be restored or repaired unless it conforms to all applicable regulations for the district. B. Sign value, for the purposes of item A above, is determined by comparing a repair cost estimate of the damaged sign with an estimate of the cost of a new identical sign. Sign owners must supply such estimates to the Building Inspector. C. Once the sign and/or sign structure has been removed, it cannot be restored or repaired unless it conforms to all applicable regulations for the district. D. The sign face of an existing nonconforming permanent sign may be replaced, but the structure cannot be altered to accommodate such change. A change of a sign face requires a sign permit. In addition, in any case where a new sign would require approval by the Design Review Board, such change of sign face of a nonconforming sign also requires Design Review Board approval. E. No nonconforming sign and sign structure may be relocated, in whole or in part, to any other location on the same or other lot, unless the entire sign and sign structure conforms to all regulations applicable to the lot where the sign is relocated. F. No nonconforming sign can be altered or enlarged in a way that increases the nonconformity of the sign or sign structure. This does not include normal maintenance and cleaning, or changing of the sign face.