A. 
Table 13-A. Land Use Board Applications Summary summarizes the recommendations and approval authority of the land use board applications of this article.
B. 
Subdivision applications are regulated by Article 14.
Table 13-A: 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
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
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. 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.
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.
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 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 § 240-13.9G2h.
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, 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 Subsection C1 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 § 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.
2. 
Municipal notification. Pursuant to General Municipal Law § 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 10 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.