This chapter is known, cited, and referred to as the "Unified Development Ordinance of the City of Saratoga Springs, New York," "Unified Development Ordinance," "Zoning Ordinance," "Ordinance," or "UDO" and incorporates the City of Saratoga Springs Official Zoning Map. This chapter is enacted pursuant to Article 2A, § 20, Subdivisions 24 and 25, of the General City Law. This chapter and associated maps are kept in the office of the City Clerk and are made available to the public. Any references to the Zoning Ordinance shall hereby refer to this document.
A.
The intent of this chapter is to:
1.
Encourage appropriate and orderly physical development.
2.
Promote public health, safety, and general welfare.
3.
Classify, designate and regulate the location and use of buildings, structures, and land for agricultural, residential, commercial, industrial, or other uses in places.
4.
Divide the City into districts of such number, shape and areas as may be deemed best suited to carry out these regulations and provide for their enforcement.
5.
Implement the policies of the City's Comprehensive Plan, Complete Streets Plan and Policy, Working Plan for Historic Preservation in Saratoga Springs, Urban and Community Forest Master Plan, Saratoga Greenbelt Trail Plan, Open Space Master Plan, and other plans and policies adopted by the City Council.
B.
Further, the regulations and district boundaries identified in this chapter and upon the Zoning Map are made with the following additional purposes:
1.
Facilitation of efficient, economical, and adequate provision of public utilities and services.
2.
Assurance of adequate sites for agricultural, residential, commercial, industrial, and other appropriate uses.
3.
Preservation of the character of the community.
4.
Provision of privacy for families and the maximum protection of residential areas.
5.
Prevention and reduction of traffic congestion so as to promote efficient and safe circulation of vehicles and pedestrians.
6.
Gradual elimination of nonconforming uses.
7.
Enhance the appearance of the City of Saratoga Springs as a whole.
8.
Encouragement of flexibility in the design and development of land.
9.
Protection of the general environment in compliance with the objectives of applicable federal and state statutory and regulatory programs.
10.
Protection of the natural resources of the community including but not limited to the protection of the water resources of the City.
11.
Safeguarding the heritage of the City of Saratoga Springs by preserving districts and landmarks in the City which reflect elements of its cultural, social, economic, political, artistic and architectural history.
12.
Promoting the use of historic districts, landmarks, arts, and cultural resources for the education, pleasure and welfare of the citizens of the City.
This chapter is consistent with the adopted Comprehensive Plan. Any amendments to this chapter and all development approvals must be consistent and in accordance with the adopted Comprehensive Plan. An amendment to this chapter, whether text or district boundary, shall be consistent and in accordance with the Comprehensive Plan if it complies with the goals, objectives, policies, and strategies and any vision statement contained in the Comprehensive Plan, and any subsequent amendments to the Comprehensive Plan.
A.
Territorial application. This chapter applies to all land, uses, and structures within the corporate limits of the City of Saratoga Springs.
B.
General application. In their interpretation and application, the provisions of this chapter are held to be the minimum requirements for the promotion and protection of the public health, safety, and welfare.
C.
Required conformance. Any part or whole of a structure must be erected, constructed, reconstructed, moved, and enlarged in conformance with the requirements of this chapter. Any structure or land must be used and occupied in conformance with the requirements of this chapter.
D.
Relation to private agreements. This chapter does not nullify any private agreement or covenant. However, where this chapter is more restrictive than a private agreement or covenant, this chapter controls. The City will not enforce any private agreement or covenant.
E.
Relation to other laws and regulations. Unless otherwise specifically provided, this chapter controls over less restrictive City statutes, ordinances, or regulations, and more restrictive City statutes, ordinances, or regulations control over the provisions of this chapter.
F.
Rules of chapter construction. This chapter contains graphics in order to assist the user in understanding and applying the chapter. However, where there is any inconsistency between the text of this chapter and any such graphics, the text controls unless otherwise specifically stated.
[Amended 10-3-2023 by L.L. No. 4-2023]
A.
Existing uses. The following transition rules apply to uses operating as of the effective date of this chapter:
1.
If a structure or land is used in a manner that was classified as a permitted use prior to the effective date of this chapter or any subsequent amendment, and now that use is classified as a permitted use as of the effective date of this chapter or any subsequent amendment, that use is classified as a permitted use.
2.
If a structure or land is used in a manner that was classified as a special use prior to the effective date of this chapter or any subsequent amendment, and now that use is classified as a special use as of the effective date of this chapter or any subsequent amendment, that use is classified as a special use and subject to all approval conditions under which it was originally approved.
3.
If a structure or land is used in a manner that was classified as a permitted use prior to the effective date of this chapter or any subsequent amendment, and now that use is classified as a special use as of the effective date of this chapter or any subsequent amendment to this chapter, that use is classified as a special use. Any subsequent alteration of that use must conform to the procedural and substantive requirements of this chapter for special uses.
4.
If a structure or land is used in a manner that was classified as a special use prior to the effective date of this chapter or any subsequent amendment, and that use is now classified as a permitted use as of the effective date of this chapter or any subsequent amendment, that use is classified a permitted use. Any subsequent alteration of that use must conform to any chapter requirements for such permitted use. Where the special use approval included conditions related to the physical development of the land, such conditions remain in effect.
5.
If a structure or land is used in a manner that was classified as permitted or special use prior to the effective date of this chapter or any subsequent amendment, but this chapter no longer classifies that use as either a permitted or special use in the zoning district in which it is located, that use is deemed a nonconforming use and is controlled by the provisions of Article 19.
B.
Structures rendered nonconforming. If a structure existing on the effective date of this chapter was a conforming structure before the effective date of this chapter, but such structure does not meet all standards set forth in this chapter in the zoning district in which it is located, that structure is deemed a nonconforming structure and is controlled by the provisions of Article 19.
C.
Lots rendered nonconforming. If a lot of record existing on the effective date of this chapter was a conforming lot before the effective date of this chapter, but such lot does not meet all standards set forth in this chapter in the zoning district in which it is located, that lot is deemed a nonconforming lot of record and is controlled by the provisions of Article 19.
D.
Site elements rendered nonconforming. If a previously approved site element existing on the effective date of this chapter was conforming before the effective date of this chapter or any subsequent amendment to this chapter, but such site element does not meet all standards set forth in this chapter in the zoning district in which it is located, that site element is deemed a nonconforming site element and is controlled by the provisions of Article 19.
E.
Previously issued building permits. If a building permit for a structure was lawfully issued prior to the effective date of this chapter, and remains active and in good standing, the structure may be completed in accordance with the plans on the basis of which the building permit was issued and may, upon completion, be occupied under a certificate of occupancy for the use originally intended.
F.
Previously granted variances. All variance approvals granted prior to the effective date of this chapter remain in full force and effect, unless such variance is no longer needed after the effective date. Development of the property may proceed in accordance with the approved plans and any applicable conditions. However, failure to act on the variance before the approval expires, including any approved periods of extension, voids the variance.
G.
Previously granted special uses. All special uses granted prior to the effective date of this chapter, but where the use has not yet commenced, remain in full force and effect. The recipient of the special use may proceed to use the property in accordance with the approved permit and any applicable conditions. If the recipient has failed to act on the special use before the approval expires, including any approved periods of extension, then the special use is null and void.
H.
Previously approved planned unit developments. Previously approved planned unit developments (PUD) remain in effect and continue to control the development of land that is subject to the approval. Any amendments to existing planned developments are subject to the amendment procedures of planned unit developments unless a specific amendment process was included as part of the approval.
I.
Previously approved subdivisions. Previously approved subdivisions remain in effect and continue to control the development of land that is subject to the approval.
J.
Pending applications.
1.
Any land use board application that has been deemed complete is subject to the chapter requirements in effect on the date the application was deemed complete. In matters involving multiple land use board applications, the matter shall be subject to the chapter requirements in effect on the date the first application was deemed complete.
2.
A building permit that has been submitted and deemed complete is subject to the chapter requirements in effect on the date the application was deemed complete.
K.
Existing unlawful uses. Any use that was unlawful at the time of the adoption of this chapter and is in conflict with the requirements of this chapter remains unlawful.
A.
Whenever an action is proposed by any federal or state agency, department, branch or division of the United States or New York State which involves the exercise of direct governmental functions consistent with the purposes and jurisdiction of such agency, department, branch or division of the United States or New York State, such action is exempt from the provisions of this chapter with the exception of Articles 15 and 17; however, §§ 240-15.8 and 240-15.9 do not apply.
B.
Any action proposed by any federal or state agency, department, branch or division of the United States or New York State which is proprietary in nature and does not involve the exercise of its governmental functions must fully conform to all of the requirements and procedures set forth in this chapter.
C.
Any action proposed by the City of Saratoga Springs, regardless of whether it is governmental or proprietary, is exempt from the provisions of this chapter with the exception of alterations on designated landmarks, which require advisory opinion from the Design Review Board for the actions specified in § 240-13.9K4. The City may seek non-binding advisory review from the Planning Board and/or Design Review Board for any proposed City action.
D.
Any action proposed by any other local municipality or governmental entity, regardless of whether it is governmental or proprietary, must fully conform with the provisions of this chapter.
E.
All such proposed actions must be referred to the Zoning Officer for review. After review, the Zoning Officer will determine whether the proposed action is eligible for exemption.
If any section, paragraph, subdivision, clause, sentence, or provision of this chapter is adjudged by any court of competent jurisdiction to be invalid, that judgment does not affect, impair, invalidate, or nullify the remainder of this chapter. The effect of the judgment is confined to the section, paragraph, subdivision, clause, sentence, or provision immediately involved in the controversy in which judgment or decree was rendered.