For the purposes of this chapter the Village of Ballston Spa is hereby divided into the following zoning districts:
R-1
Residential District
R-2
Residential District
CBD
Central Business District
C
Commercial District
M
Industrial District
CEE
Cultural/Economic Enhancement
[Added 7-24-2000 by L.L. No. 1-2000]
AD
Adult-Oriented or Adult Use
[Added 12-22-2003 by L.L. No. 5-2003]
The boundaries of such districts are hereby established on a map entitled "Zoning Districts, Village of Ballston Spa," dated May 20, 1994, which map accompanies and, with all explanatory matter thereon, is hereby made a part of this chapter. Such map may be referred to as the "Zoning Map."
[1]
Editor's Note: The Zoning Map is on file in the Village offices.
A. 
Residential Zoning Districts R-1 and R-2 are planned to increase the values of buildings and property used for permanent living occupancy and to meet the purposes as stated in Article I of this chapter.
B. 
Buildings used for purposes other than permanent occupancy should be constructed and maintained in the other districts as described below, except that nonresidential special permit uses may be allowed as outlined in Schedule A.[1]
(1) 
The Central Business District is planned to include various appropriate types of nonresidential buildings and property that can serve the residents of the entire Village and which are permitted by Article IV of this chapter.
(2) 
The Commercial Zoning District is planned to include nonresidential buildings and property that serve businesses.
(3) 
The Industrial Zoning District is similarly nonresidential and restricted particularly to manufacturing uses.
(4) 
The Cultural/Economic Enhancement Zone is a nonresidential nonretail zone which shall include a mixture of high tech manufacturing, office uses, low-impact industrial uses and cultural development areas. Notwithstanding Schedule A of this chapter, permitted uses shall be limited to electrical manufacturing or repairs, office use, professional use, storage, schools of instruction and light industrial uses.
[Added 7-24-2000 by L.L. No. 1-2000]
[1]
Editor's Note: Schedule A is located at the end of this chapter.
C. 
Area and bulk regulations for the five zoning districts can be found in Schedule B.[2]
[2]
Editor's Note: Schedule B is located at the end of this chapter.
Where uncertainty exists as to the location of any boundaries shown on the Zoning Map,[1] the following rules shall apply:
A. 
District boundary lines are shown on the Village Zoning Map and generally coincide with lot lines shown on the real property tax maps prepared for the Saratoga County Board of Supervisors, dated May, 1992.
B. 
Where uncertainty exists in determining the precise location of any district boundary line, the Zoning Board of Appeals shall interpret the intent and purpose of the Zoning Map.
[1]
Editor's Note: The Zoning Map is on file in the Village offices.
[Added 8-26-1996 by L.L. No. 3-1996; amended 10-26-2010 by L.L. No. 2-2011]
This proposal is based upon the addition to the R-2S District of five additional eight-unit apartment buildings for seniors, along with parking:
A. 
The Village of Ballston Spa Zoning Law and the Zoning Map of the Village as set forth therein be and the same hereby is amended by changing the area described in the annexed Appendix A[1] from District R-1 Residential such as now zoned to a new district, Section R-2S Residential District Seniors (hereinafter R-2S).
[1]
Editor's Note: Appendix A is on file in the Village offices.
B. 
The R-2S District will contain 15 two-story eight-unit buildings, to be used for private residential purposes, and occupancy, by persons 55 years of age or older and their spouses. Occupancy for less than 72 hours by any guest of any occupant of the property shall be allowed in any month. The approximate location of the buildings and access to the site and the location of parking shall be in accordance with the approved sketch plan, annexed hereto as Appendix B,[2] provided that the applicable setback in the R-2S Zone will be a twenty-five-foot front setback, a fifteen-foot side setback and a twenty-five-foot rear setback. Notwithstanding, the setback from the boundary with Brookside Museum shall substantially conform to the approved site plan and shall have at least a sixty-foot setback. In the event that common access with the owner of property immediately on the north is not possible, access shall be at the northernmost boundary of the property. A sidewalk will be installed by the applicant along the west side of Fairground Avenue as a pedestrian link to the downtown area of the Village. A sidewalk shall be provided from Fairground Avenue into the site and to each building. Parking is to be determined during the site plan review process and recommendations by the Village Engineers. Parking shall be substantially as per the design set forth in Appendix B and shall allow for emergency vehicle turnaround.
[2]
Editor's Note: Appendix B is on file in the Village offices.
C. 
Except as herein provided, the site plan review process as set forth in Article VII of this chapter will be applicable.
D. 
Water will be supplied by the Village of Ballston Spa water system. Sanitary sewerage will be provided by connection to the Village of Ballston Spa sewer system. Victorian-style streetlamps shall be installed from the beginning of the project down Fairground Avenue to its intersection with Front Street and Charlton Street in the style selected by the Village. The number of lights to be installed will be determined by the Village, and all wiring for these lights will be underground.
E. 
The architectural style of the buildings shall conform to the design and style of the Phase I structure.
F. 
The height of the structures is not to exceed two stories.
G. 
An engineering review reimbursement shall be established to cover the time already expended, as well as future expenses associated with the technical review of this project, in an amount to be established by Clough, Harbour & Associates, the Village Engineers, and replenished as required by the Village.
H. 
There shall be a buffer between the project and the museum property immediately to the east, as follows: a buffer of not less than 60 feet from the eastern shared property line, except the proposed driveway and drainage features will be allowed to encroach into the buffer per the design set forth at the October 25, 2010, meeting, and as shown on the attached plans, and as approved by the Village Engineer.
(1) 
The existing vegetation within the buffer shall be preserved and enhanced with additional plantings of the following species up to:
(a) 
Deciduous overstory trees: sugar maple, red oak; two to 2.5 inches in caliper; 100 per acre.
(b) 
Deciduous understory trees/shrubs:
[1] 
Shadblow serviceberry; five feet to six feet in height; 75 per acre.
[2] 
Arrowood viburnum; two feet to three feet in height; 50 per acre.
(c) 
Evergreen overstory trees: white pine; six feet to seven feet in height; 100 per acre.
(d) 
Seed mixture shall be a native upland woody seed mix.
(2) 
Final plantings shall be pursuant to the detailed vegetation plan approved by the Engineer to ensure maximum screening of the Brookside property, including the sheep shed.
I. 
No construction activity shall be allowed in Phase II until the stormwater management issues remaining in Phase I are taken care of to the satisfaction, inspection and approval of the Village Engineer.
J. 
That a construction and landscaping bond or letter of credit in an amount to be determined by the Village engineering consultant be established for the project. The construction bond will cover all work within the Village right-of-way and also cover street repair/construction that may be required as a result of construction activity. The landscaping bond will cover all landscaping (plantings) proposed for the project. Bonds or letters of credit will be extended for a one-year period after completion of the work to serve as a one-year warranty.
K. 
No certificates of occupancy shall be issued until landscaping is complete and sidewalks are in place for the particular building in which the COs are sought. It is anticipated that the buildings will be constructed in phases and COs issued in phases as well.
L. 
All sections of prior laws not inconsistent herewith shall remain in effect.