Draft Zoning Proposals Draft
First Presentation February 7th at 7:00 pm in Town Hall
Saratoga
Zoning Regulations Table Of
Contents
Application Process
Article 1 Introduction
1.1 Basis
1.2 Values
1.3 Purpose
1.4 Authority
1.5 Disclaimers
1.6 Principal Responsibilities of
The Planning Board
1.7 Applicant Recourse
1.8 Citizen Participation
Article
2 Zoning Districts
2.1 List and Abbreviations
2.2
Zoning Map
2.3
Interpretation of Boundaries
Article 3 Zoning District Uses and
Regulations
3.1 District Land use Options and Regulations
3.2 Rural District
3.3 Rural Residential District
3.4 Rural 2 District
3.5 Village Extension District
3.6 Hamlet District
3.7
Conservancy District
3.8 Lake Commercial District
3.9 Lake Residential District
3.10 Industrial District
Article 4 General Regulations
4..1 Requirements, Constraints and Exceptions
4.1.1 Preexisting conditions or approval (prior to 1981)
4.1.2 Non conforming
structures and land uses
4.1.3 Alteration of Buildings, Lots and Facilities
4.1.4 Sanitary Sewage and Drinking Water Installation and Modification
4.1.5 Unsafe Buildings-Abandoned or Under Restoration
4.1.6 Accessory Buildings (out buildings)
4.1.7 External Storage
4.1.8 Swimming Pools
4.1.9 Off Street Parking and Unloading Zones
4.1.10 Signs
4.1.11 Multiple Uses
4.1.12 Keeping of Animals for
Non-farm Use
4.1.13 Steep Slopes and Streams
4.1.14 Special Flooding Hazards
4.1.15 Outdoor Security Lighting
4.1.16 Roadside Landscaping
4.1.17 Utility Distribution
4.1.18 Alternative Energy Generation
4.1.19 Kennels
4.1.20 Fire Protection
4.1.21 Common Driveways
4.1.22 Demolition of Significant
Buildings
4.1.23 Adult Entertainment
4.1.24 Docks and Moorings
4.1.25 Mass Assembly
4.1.26 Noise Control
4.1.27 Highway Site Distances
4.2
Land use Options with Specific Constraints
4.2.1 Flag Lots
4.2.2 Mobile Homes
4.2.3 Mining
4.2.4 Cell Towers
4.2.5 Junk Yards
4.2.6 Dumps
4.2.7 Public Utilities
Article 5 Subdivision or
Consolidation of Land Parcels
5.1 Definition
5.2 Subdivision Review
5.3 Minor Subdivision
5.4 Major Subdivision and
Conservation Subdivision
Article 6 Administration
6.1 Zoning Administrative Officer
6.2 Building Permits
6.3 Certificate of Occupancy
6.4 Expiration of Building Permit
6.5 Fees
Article 7 Zoning Board of Appeals
7.1
Organization
7.2 Procedure
7.3 Referrals to County Board
7.4 Decisions
7.5 Fees
Article 8 Violation and Penalties
Article 9 Definitions
Article 10 Application Procedures
and Forms
10.1 Special Use Permit
10.2 Subdivision
10.3 Planned Unit Development
Appendix I Domestic Water Wells
Appendix II Driveway Agreement
Appendix III Cell Towers
Appendix IV Design and construction
Standards
Appendix V Fees
Town Of Saratoga Zoning Regulations
Article 1 Introduction
1.1 Basis
These
zoning regulations are Town law made in response to comprehensive planning by
the Town of Saratoga.( ref. Town Of Saratoga 1979 and 2002 Comprehensive Master Plans and the Saratoga
County Land Use and Development Plan initiated in 1979 and are an update to the 1981 Zoning
Ordinances. These regulations can not supersede Federal, State, County or other
Local law but can, under most
circumstances, expand and further define those laws.
1.2 Values To Be Preserved
-
rural appearance ( low housing density in most areas)
-
commercial activity that supports the community
-
current natural and historical attributes
-
agricultural use of the open land
-
owners right to reasonably maximize the value of their land
-
resident diversity, both racially and economically.
1.3 Purpose Of Regulations in Subsequent Document
-
ensure healthy and safe environments
-
provide safe road access and traffic densities relative to future development
- define and enforce sanitary waste
and drinking water laws
-
control land use to prevent over development of the land, both physically and
visually
-
reduce the impact of land use change and development on existing residents
while
respecting
owner rights.
-
monitor and / or restrict land uses
that have evolved or could evolve into
burdensome
problems for Town government and residents.
-
promote agricultural activity
-
encourage development that includes housing for a diverse racial, ethnic, and
economic
population
-
facilitate maintenance and enhancement of community services
-
preserve historical sites, special land forms, archeologically important areas
and
view sheds.
1.4 Authority
The
principal authority to formulate and administer these regulations is the Town
Board of the Town of Saratoga. The Town Planning Board and Zoning Board authority is that which is approved by the
Town Board. Further revisions of this law are the responsibility of the Town
Board with the advice and assistance of the Planning Board and Zoning Board of
Appeals.
1.5 Disclaimers
These
regulations have undergone legal review and are considered to be correct .
However, in the instance that errors have been overlooked or there have been
improper interpretations of superseding laws, certain regulations, or parts of
regulations , may, by necessity ,
become invalid. Specific invalidations do not effect any other portion of this
local law. It is recognized that laws and regulations of the Federal , State,
and County Governments, such as the New York Environmental Quality Review Act
and the New York State Freshwater Wetlands Act, can not be superseded.
1.6 Principal Responsibilities of The Planning Board
Members
of the Planning Board are appointed and, under certain circumstances, may be removed by the Town Board.
Responsibilities include, but, are not limited to :
-
guiding development to meet the values stated above
-
assisting applicants achieve their objectives relative to land use change
-
adhering to the letter of this local law unless a specific request can not be
easily
categorized. In that instance, the
Planning Board has the discretion to make minor allowances or to pass the
request off to the Town Board.
-
refraining from discussions or votes
where a land use proposal provides the
possibility of
benefit for the Board member or his
family
-
providing periodic advice regarding necessary modifications to this local law
1.7 Applicant Recourse
The
Planning Board may determine that a land use request does not meet the requirements of this local law and
therefore : 1) decline approval with positive comment , 2) decline approval
with no comment, or 3) decline approval with negative comment. The applicant
can modify his or her request to meet the letter of the law and return to the
Planning Board, or appeal to the Zoning Board of Appeals (Article 7) for a change in decision. If there is still
a negative result , the applicant may, under some circumstances, appeal to the
Town Board through an application for a Planned Unit Development ( ref. 10.3).
1.8 Citizen Participation
Current
open meetings and notification procedures are deemed adequate at this time.
Notification of nearby residents should be done informally, where possible,
when a major impact development is contemplated. Time for discussion from informed, concerned citizens should be
included, where possible, at the end of each scheduled meeting of the Planning
Board.
Article 2 Zoning Districts
2.1 List and abbreviations
The
Town of Saratoga is divided into the following districts:
Rural District R
Rural Residential District RR
Village Extension District VE
Hamlet District H
Conservancy District C
Lake Commercial District LC
Lake Residential District LR
Lake Residential District Industrial District (
Planned Unit Development ) I
2.2 Zoning Map (next page)
Districts
are bounded and defined as shown on a map entitled Zoning Map of the Town of
Saratoga which accompanies and is a part
of this local law. It may be amended in the same manner as any part
other part of this local law. (ref. 2.3 for interpretation of boundaries).
2.3 Interpretation of boundaries
Where
uncertainty exists with respect to boundaries of any of the districts, use the
following rules:.
- if
boundaries appear to follow streams, rivers, streets or highways, the
centerline is the boundary,
- if
district boundaries appear to follow Agricultural Districts, Town and Village
boundaries, then the official limits of
those entities prevail.
Article 3 Zoning District Land Use and Regulations
3.1 District Land Use Options and Regulations
After
defining the desired land use and the zoning district ( Article 2 ) use the following tables 3.2 to 3.9 to define the
constraints that must be adhered to in
each of the following application options:
3.1.1
Permitted Uses
When the desired land use meets the
permitted specifications then the applicant may file directly for a building
permit without action of the Planning
Board.
3.1.2 Special Permitted Uses
When the intended land use is listed
under special permitted uses in
subsequent tables then proceed to Article 10.1. Approval is based on the judgment
and imposed restrictions of the Planning Board.
3.1.3
Subdivision of land
When parcels of land are divided or
consolidated for any purpose, the
action must follow the regulations and procedures described in Articles 5,10.2
and 10.3
3.1.4 Planned Unit Developments are permitted under very special conditions for projects that are not included in or not
allowed in the rest of this local
law, but which might be acceptable and useful to the
community (Article 10.3)
3.2 Rural District (R)
It is
the purpose of this zoning district to
preserve and enhance the agricultural assets of the Town of Saratoga. Proposed
land uses` which are in conflict with
agriculture are discouraged.
This
zoning district is designed to limit
the loss of irreplaceable, viable agricultural lands to significant suburban
growth and development.
3.3 Rural Residential District (RR)
It is
the purpose of this zoning district to accommodate low density residential
growth and development without
compromising existing agricultural uses. All proposed uses must be
appropriate to the existing character
of the area.
3.4 Rural 2
(R2)
The intent of this district is to provide for higher residential densities in the Rural District where municipal sewage is
available.
3.5 Village Extension District (VE)
It is
the purpose of this zoning district to
accommodate, depending on the availability of public water and sewer,
moderate to high density mixed
residential uses in areas adjacent to villages.
It is the intention of the Town government to meet
future moderate to high density residential development needs. Affordable income housing is encouraged.
3.6 Hamlet District (H)
It is
the purpose of this zoning district to
recognize the hamlet of Quaker Springs as an existing community of mixed land
uses at a higher density than that in the surrounding Town. It is the intention of this regulation that
further development maintain the
current character of this hamlet .
3.7 Conservancy District. (C)
It is
the purpose of this zoning district to preserve, protect, and conserve those
portions of the Town with significant wetlands, as designated by the State and
Federal Government
3.8 Lake Commercial District (LC)
It is
the purpose of this zoning district to recognize the northeast area of 9P along
Saratoga Lake as an existing higher density , mixed use development. It is the
intention of this regulation that further
development maintain the character
of this hamlet.
3.9 Lake Residential
(LR)
It is
the purpose of this zoning district to insure orderly development and
redevelopment of recreational
facilities as well as dwelling units. It is the intent to encourage
redevelopment and rehabilitation while reducing densities and increasing
waterfront lot sizes.
3.10 Industrial District (I)
It is
the purpose of this zoning regulation to accommodate new industrial land uses
without compromising the essential
rural / agricultural character of the community . Industrial zones are
not shown on the map thereby permitting flexibility for future proposals. The Planned Unit Development Law Article 10.3) describes the intended
approach for establishing industrial areas.
3.9.1
Permitted Uses:
- Manufacturing of food products,
apparel, lumber / wood products, paper
/ allied products, fabricated metal products, machinery, electrical
machinery.
- Research Laboratories
- Freight terminals
- Power Plants
- Storage, maintenance or repair of
materials, equipment, machinery or
vehicles
- Adult entertainment enterprises
- Tattoo Parlors
3.9.2
Prohibited Uses:
- Any and all industrial uses whose
products or byproducts may, based on current scientific data, pose a
significant impact on the environment even after state of the art control procedures are
employed.
3.9.3
Application
Approval of an industrial zone is
through the Planned Unit Development
Process (ref. Article 10)
Article 4
General Regulations
4.1 Requirements, Constraints and Exceptions
4.1.1 Preexisting conditions or approval (prior
to 1981)
- All buildings, lots and land uses that existed, or
were under contract in 1981, at the time of the enactment of the first zoning
regulations, or prior to amendments that were enacted in the
intervening period for the Town of
Saratoga, are permitted for continued similar use . Any change in non conforming use must
adhere to this
current local law, unless it violates the legal rights
of others. Public safety supersedes this provision..
4.1.2
Non conforming structures or land uses
- Buildings and land uses that have
been abandoned for more than two years may not restore any non-conforming use
as described by the current
regulations. The Zon
ing Board of Appeals may approve a
non-conforming use with modifications if they deem it appropriate.
- non-conforming uses need special
review and approval of the Planning Board to displace conforming uses.
- any non-conforming use may be
restored ( if not intentionally damaged by the owner), but not enhanced, unless approved by the
Planning Board.
- a non conforming use may be
changed to another non-conforming use if equal or diminished in the opinion of
the Planning Board.
-non conforming uses may be expanded
within the building, but must not impact the building exterior appearance
or function.
4.1.3 Alteration of buildings, lots and facilities
- All changes in facilities such as
sanitary systems, security lighting building
use and size, plus lot use, setbacks and size must conform to the
regulations of this local law
- Buildings erected, moved or
altered to accommodate a greater number of families must adhere to this local law.
4.1.4 Sanitary System and Drinking Water System
Installation and Modification
4.1.4.1 Sanitary Sewage Systems
-For
all developments, except where sewage disposal lines are connected to a
public sewer system , an adequate sanitary disposal
system is required for each lot, if the proposed land use includes sewage
production. Although design variations may be submitted for review by the Town
Engineer, it is expected that each disposal system will include a septic tank
and a sewage water disposal system.
-No
plot development, including the erection of any permanent building, will be
approved by the Town of Saratoga until
a plan is
1) provided that adheres to the
applicable provisions of the New York State Sanitary Code
2) filed and approved by the State Health Department and
3) approved by the the Building Code Enforcement Officer (or qualified
professional) for single lot,s or the Town Planning Board for subdivisions.
-Individual lots require a
percolation test that is witnessed by
the Building Code Enforcement Officer prior to
acquiring a building permit.The Code Enforcement Officer may defer
judgment depending on seasonal
conditions and permit construction to
start. However, no certificate of occupancy may be issued until the test is
successfully conducted. All percolation
tests must ad here to the requirements of the New York State Waste
Treatment Handbook ,
Individual Household Systems. Should percolation tests results be
longer than 30
minutes, or bedrock is less than 5 feet, or the ground water is less than
2 feet in a proposed tile field , a conventional in ground septic system is
unacceptable. Alternative systems can be proposed for approval as delineated in the New York State Waste Treatment Handbook ,
Individual Household Systems
-Separation Requirements: To minimize the possible
health hazard and pollution potential of sewage waste water, subsurface
disposal systems must be located as far
as possible from drinking water supplies. Therefore all sewage disposal systems
shall be installed in accordance with the following table.
Sewage Well To
stream, lake, Dwelling Lot line
disposal or water course
system
--------------------------------------------------------------------------------------------------------------------------------
Septic tank 50 50 10 10
Distribution 50 50 10 10
effluent
Distribution box 100 100 20 10
Absorption field 100 100 20 10
Seepage pit 150 100 20 10
Fill or built-up 100 100 20 10
system
Evapro- 100 50 20 10
transpiration
system
Sanitary privy 100 50 20 10
pit
Privy, water 50 50 20 10
tight vault
4.1.4.2 On Site Water Supplies
All subdivisions intended for
residential development must prove that the quality and quantity of well water
is adequate for each new residence and does not impact the neighboring
residents water supplies. Refer to appendix I for detailed requirements.
4.1.5
Unsafe Buildings-Abandoned or Under
Construction
-Unsafe
structures, as designated by the Town Board, must be restored to a safe
condition or demolished on a Town Board approved schedule and must be secured
from public access during the process.
4.1.6 Accessory Buildings (out buildings)
- In
the R,RR, R2 and C Districts, the minimum distance between out buildings is 15 feet
and a maximum height of 20 feet. The setbacks that are in effect for the
district apply to accessory
structures. Roadside stands are an exception. The set back must be 15 feet from the street or highway right
of way and must provide legal off road parking. This regulation also includes
portable buildings for storage or garage uses.
-In
the V E , H , L C, and L R districts the minimum distance between accessory structures
shall be 10 feet, a maximum height of 20 feet and with the set backs
appropriate
for that zone. Roadside stands must be specially permitted in these
zoning
districts. This regulation. applies to portable buildings.
4.1.7
External Storage of vehicles,
campers, boats, construction equipment, mobile homes
-In
the R, RR, R2, and C districts, unoccupied mobile homes or more than one
unregistered vehicle are prohibited.
-In the VE, H, LC, and LR districts, external
storage is prohibited for continuous parking of industrial equipment,
unoccupied mobile homes and more than
one un registered vehicle or
boat
4.1.8 Swimming Pools (inground or above ground,excluding above
ground pools)
-In
all districts swimming pools can only be located in the rear and side yards. All
pools must be adequately secured by fences and gates to ensure safety and
must conform to NYS Building Code)
4.1.9 Off Street Parking and Unloading Zones
-Each
passenger vehicular parking space must be a minimum of 18 feet in length and 9
feet in width and must be accompanied by adequate circulation to access each
space. Specifications for the appropriate number of parking spaces are as
follows:
(Table
on the following page)
-Off
Street Loading spaces are required for
each commercial or industrial operation. Although
at least one properly sized space is required for each operation, more spaces
may subsequently be required if indicated by
normal operation.
- All
parking installations must meet the Americans with Disabilities Act; ie; 1 van parking
space that has an additional 5 feet of width must be included for the first 25 vehicles and have proper access to
the designated destination.
4.1.10
Signs
The
purpose of this regulation is to promote and protect public health, welfare and
safety as it would be affected by outdoor signage. In addition, regulated
signage can protect property
values by creating and / or preserving
an attractive community appearance.
For the purposes of this regulation sign does not mean flag, pennant,
or insignia of any nation, state or
political unit, or any political , educational, charitable, philanthropic,
civic, professional, religious, or like campaign, drive or movement or event.
4.1.10.1 General Regulations for signs are as
follows:
-Illumination
can not be internal, must be fixed and as unobtrusive to observers as
possible
- Signs can not be placed on the
roof of any structure
- Signs cannot contain attachments
of flashing or revolving devices
-Signs can not impair safe lines of
sight
4.1.10.2 Sign Regulations
___ Purpose District
Height(1) Size
Special Conditions
Permitted -
Sale, Lease all 6
ft 8 sq. ft -1 sign
per lot
without or -must be on premises
permit Rental -cant
overhang
must be 10 ft. from
public right of way
or lot line
-Professional 4 sq. ft
in
Residence
-Professionals
Contractors
at Const. Site 16 sq. ft
-Agricultural 16 sq. ft
pursuits
-Temporary (2) 6 sq. ft notices
Permitted Bulletin all 32 sq. ft
with a Boards
permit for
Schools
Churches
Cemeteries
Clinics
Etc.
Home 12 sq. ft
Occupation
Purpose District Height size Special
Conditions
Business
R, RR, K 6 feet 20 sq. ft -1 per road frontage on lot
H, C, LR - must be on premises
- cant overhang and must be 10 feet from