A.
Swimming pools shall meet the following requirements.
Unless otherwise indicated, these requirements shall apply to both
above- and below-grade facilities.
(1)
Swimming pools may be installed in residential districts
as an accessory to a dwelling for the private use of the owners, occupants
and guests.
(2)
All swimming pools must meet the yard setback requirements for accessory structures listed in § 205-25A(2).
(3)
Swimming pools may be located in the side or rear
yard of a lot if all other requirements can be met. Swimming pools
in front yards are expressly prohibited.
(4)
All below-grade swimming pools require a fence of
at least four feet enclosing the pool area.
(5)
A building permit must be obtained prior to the installation
of a swimming pool.
(6)
All swimming pools must be constructed in accordance
with the requirements of the New York State Uniform Fire Prevention
and Building Code.
[Added 12-22-2003 by L.L. No. 5-2003[1]]
A.
Legislative intent; findings of fact.
(1)
Background. The Village Board of the Village of Ballston
Spa has become aware of serious and substantial interest in the establishment
of adult-oriented businesses in the Village of Ballston Spa and has
noted an increase in the number of neighboring communities enacting
legislation seeking to regulate the establishment of adult-oriented
businesses. Concern over the potential adverse secondary effects associated
with adult-oriented businesses led the Village Board of the Village
of Ballston Spa to enact a one-hundred-eighty-day moratorium, effective
November 10, 2003. During the moratorium period, the Village Board
reviewed a relevant Adult Use Study, analyzing and assessing the probable
adverse secondary impacts on the Village of Ballston Spa which would
result from the unregulated opening and establishment of adult-oriented
businesses within the Village.
(2)
Findings. Based upon a comprehensive study of the
adverse secondary impacts of adult use establishments provided by
the Town of Ballston, dated June 1999, as documented in accordance
with the ruling of the United States Supreme Court in the matter of
the City of Renton v. Playtime Theaters, Inc.. 475 U.S. 41 (1986);
the Village of Ballston Spa finds that:
(a)
There are adverse secondary impacts associated
with the establishment and operations of adult-oriented businesses
within a community.
(b)
Among these adverse secondary impacts are a
deterioration in the local quality of life; an adverse effect upon
economic viability; an imposition, whether intentional or unintentional,
of exposure to adult-oriented expression undesired by neighbors, pedestrians
and passersby; an increase in traffic, noise, litter and nuisance,
criminal and illicit sexual behavior; a threat to the health and safety
of children and young adults; and an undermining of the established
sense of community.
(c)
These adverse secondary impacts of the establishment
and operation of adult-oriented businesses are a threat to the general
health, safety and economic viability of the community.
(d)
The unregulated establishment and operation
of adult-oriented businesses would lead to the widespread imposition
of adverse secondary impacts upon residents, businesses, economic
viability, property values and quality of life of the Village and
would therefore be detrimental to the general health, safety and economic
viability of the community.
(e)
The United States Constitution and the Constitution
and laws of the State of New York grant to the Village of Ballston
Spa, the powers, especially police powers, to enact reasonable legislation
and measures to regulate the location and operation of adult-oriented
businesses, hereinafter defined, in order to protect the general health,
safety and economic viability of the community.
(3)
Statement of intent.
(a)
It is the express intent of the Village of Ballston
Spa in adopting this section to:
[1]
Ameliorate, mitigate, reduce or prevent the
widespread and unregulated imposition of the adverse secondary impacts
of adult-oriented businesses upon the residents, businesses, economic
viability, property values, quality of life and general health, safety
and welfare of the community.
[2]
Protect the right of free expression, guaranteed
by the United States Constitution and the New York State Constitution,
as may be expressed and presented in the form of goods and services
offered by adult-oriented businesses.
(b)
It is not the intent of the Village of Ballston
Spa in adopting this section to:
[1]
Deny any person the right of free expression,
guaranteed by the United States Constitution and the New York State
Constitution, as may be expressed and presented in the form of goods
and services offered by adult-oriented businesses.
[2]
Impose upon any person any additional limitations
or restrictions upon the right of free expression, guaranteed by the
United States Constitution and the New York State Constitution, as
may be expressed and presented in the form of goods and services offered
by adult-oriented businesses, beyond those granted to the Village
under the United States Constitution, the New York State Constitution
and the laws of the State of New York regarding the time, place and
manner of that free expression. These constitutionally protected rights
are understood to include the right to sell, distribute and exhibit
the legal goods and services offered by adult-oriented businesses.
[3]
Impose upon any person any additional limitations
or restrictions upon the right to obtain, view or partake of any communications
guaranteed by the United States Constitution and the New York State
Constitution, as may be expressed and presented in the form of goods
and services offered by adult-oriented businesses, beyond those granted
to the Village under the United States Constitution, the New York
State Constitution and the laws of the State of New York regarding
the time, place and manner of that free expression.
[4]
To estimate, decide, determine, resolve, consider,
conclude, judge or qualify in any manner or fashion the quality or
value of the content, nature, message, form, format, appearance, substance
or presentation of the free expression guaranteed by the United States
Constitution and the New York State Constitution, as may be expressed
and presented in the form of goods and services offered by adult-oriented
businesses.
(4)
According to numerous decisions by both federal courts
and courts of the State of New York, the regulation of the location
of adult businesses must be based upon a finding of the adverse secondary
impact of these businesses upon the community and must be directed
solely toward the mitigation of these impacts, not be directed toward
any form of speech or expression, be no broader than necessary and
must provide alternative locations within the Village for adult-use
businesses; the Village of Ballston Spa hereby adopts the following
amendments to its Village Zoning Law.
B.
Definitions.
(1)
For the purpose of this section, an adult-oriented
or adult use business shall be defined as any business which:
(a)
Is the use of land, structures or locations
for an "adult-entertainment center" or as an "adult physical contact
establishment," as herein defined;
[Amended 4-23-2007 by L.L. No. 3-2007]
(b)
Is any use of land, structure or location which,
by the provisions of the Penal Law, is required to restrict the access
thereto by minors;
(c)
Is an establishment, location, building or structure
which features topless dancers, nude dancers or strippers, male or
female; and
(d)
Is a location, building or structure used for
presenting, lending or selling motion-picture films, videocassettes,
DVDs, cable television or any other such visual media, or used for
presenting, lending or selling books, magazines, publications, photographs
or any other written materials, devices, objects or accessories distinguished
or characterized by an emphasis on mailer depicting, describing or
relating to "specific sexual activities" or "specific anatomical areas,"
as defined below.
(2)
ADULT USE BUSINESSES — Adult use businesses,
including adult bookstores, adult video stores, adult motion-picture
theaters, adult mini-motion-picture theaters, adult cabarets, adult
accessory stores and adult drive-in theaters, shall be defined as
follows:
(a)
ADULT BOOK STORE — An establishment having
as a substantial or significant portion of its stock-in-trade video
films, videocassettes or other films for sale or rental which are
distinguished or characterized by their emphasis on matter depicting,
describing or relating to specific sexual activities or specific anatomical
areas, as defined below.
(b)
ADULT VIDEO STORE — An establishment having
as a substantial or significant portion of its stock-in-trade video
films, videocassettes or other films for sale or rental which are
distinguished or characterized by their emphasis on matter depicting,
describing or relating to specific sexual activities or specific anatomical
areas, as defined below.
(c)
ADULT MOTION-PICTURE THEATER — A building
with a capacity of 50 persons or more used for presenting material
distinguished or characterized by its emphasis on matter depicting,
describing or relating to specific sexual activities or specific anatomical
areas, as defined below, for the observation of patrons therein.
(d)
ADULT CABARET
ADULT MINI-MOTION-PICTURE THEATER — An
enclosed building with a capacity of less than 50 persons used for
presenting material distinguished or characterized by its emphasis
on matter depicting, describing or relating to specific sexual activities
or specific anatomical areas, as defined below, for the observation
of patrons therein.
An establishment which features live go-go dancers; exotic
dancers; strippers, male or female; male or female impersonators or
similar entertainers whose performances are characterized by partial
or full nudity.
(e)
ADULT ACCESSORY STORES — An establishment
having as a significant portion of its stock-in-trade materials, devices,
objects or accessories for use by adults that relate to specific sexual
activities or specific anatomical areas.
(f)
ADULT DRIVE-IN THEATER — A drive-in theater
utilized for the presentation of materials distinguished or characterized
by their emphasis on matter depicting, describing or relating to specific
sexual activities or specific anatomical areas, as defined below,
for the observation of patrons therein.
(g)
ADULT PHYSICAL CONTACT ESTABLISHMENT —
Any establishment which offers or purports to offer massage or other
physical contact to patrons of either gender by employees or staff
of either gender. Medical offices; offices of persons licensed or
authorized under the Education Law to practice massage therapy; offices
of persons licensed or otherwise authorized by the Education Law as
a physical therapist or physical therapist assistant; and electrolysis,
karate, judo and dance studios are not to be considered adult physical
contact establishments under this section.
(h)
ADULT MOTEL — A motel which is not open
to the public generally, but excludes minors by reason of age, or
which makes available to its patrons in their rooms closed-circuit
television transmissions, films, motion pictures, videocassettes,
slides or other photographic reproductions which, if presented in
a public movie theater, would not be open to the public generally,
but would exclude any minor by reason of age, and has a sign visible
from the public right-of-way which advertises the availability of
this adult type of photographic reproductions or offers a sleeping
room for rent for a period of time of less than 10 hours.
(i)
ADULT PEEP SHOW — A theater which presents
material in the form of live shows, films or videotapes viewed from
an individual enclosure for which a fee is charged and which is not
open to the public generally, but excludes any minor by reason of
age.
C.
Location of adult-oriented business or adult use business.
(1)
Adult-oriented businesses or adult use businesses
are permitted on the following tax parcels as they appear on the Village
assessment rolls: 216.31-2-2; 216.31-1-95; 216.32-1-96.1; (in no event
shall said zone extend north across the Gordon Creek) 216.32-1-94.1;
and 216.32-1-94.2.
(2)
Adult-oriented businesses shall not be permitted to
locate less than 250 feet from another such use, and not more than
one adult-oriented business shall be permitted to locate within a
single building or lot.
(3)
Adult-oriented businesses shall not exceed, in total,
2,500 square feet of floor area and cellar space not used for enclosed
storage or mechanical equipment.
(4)
Adult-oriented businesses shall be required to comply
with all other development standards and requirements of the laws
of the Village of Ballston Spa, including but not limited to district
lot and bulk regulations, parking requirements, signage, facade and
screening regulations as required by the Commercial District. Any
laws that are inconsistent with the special requirements of this section
shall be superseded by the terms herein.
(5)
Adult-oriented businesses shall not be permitted within
any building where a portion of the floor area is in residential use,
including nonconforming residential uses, a school, house of worship,
public or private recreational facility, community center or other
public facility, motel or hotel.
(6)
Adult-oriented businesses shall not be permitted to
provide live entertainment on the premises which involves nude dancing
that is lewd, indecent or grossly sexual in nature. This shall not
be construed to include conduct of being nude that constitutes a part
of a bona fide live communication, demonstration or performance by
a person wherein such nudity is expressive conduct incidental to,
and necessary for, the conveyance or communication of a genuine message
or public expression and is not a guise or pretense utilized to exploit
nudity, nor shall it include conduct that is protected by the United
States or New York State Constitution.
(7)
Any adult-oriented business that seeks to provide
booths or areas, either for the viewing of motion pictures or live
performances, shall meet the following requirements:
(a)
Any and all such booths, cubicles, studios,
studies and rooms for the private viewing of adult motion pictures
and/or live performances or areas shall be open to public view from
the common areas of the establishment. There shall not be any doors,
curtains, blinds or other structures or devices that shall impede
observation of the entire area of such private viewing areas from
the common area of the establishment.
(b)
Such private viewing areas shall be well lighted
and readily accessible at all times and shall continuously be open
to view.
(c)
Lighting throughout an adult establishment shall
be sufficient to illuminate every place to which patrons are permitted
access.
(8)
The exterior appearance of any building containing
an adult-oriented business shall be consistent with the character
of surrounding structures and shall not detract from the appearance
of the neighborhood. All windows and doors and other openings exposing
the establishment to the general public shall be covered or draped
with an opaque material.
(9)
Adult-oriented businesses shall conform with all existing
applicable sign regulations in addition to the following specific
requirements:
(a)
Signs which are illuminated in neon or which
contain flashing lights shall be prohibited.
(b)
Exterior signs, displays or other advertisements
which contain nude, seminude or provocative pictures shall be prohibited.
(c)
Interior signs, displays, posters or other advertisements
which contain nude, seminude or provocative pictures shall be located
a minimum of four feet from any window or door and shall not be visible
from the exterior of the establishment.
(d)
Permanent and/or temporary window and door signs
shall be prohibited.
(10)
Fees. The fee for the application for an adult-use
permit is hereby established at $3,000.
D.
Permit procedure. Upon payment of the appropriate
fee, to be set from time to time by resolution of the Village Board
of Trustees,
(1)
All adult businesses governed by this section shall
require a special use permit issued by the Zoning Board of Appeals,
provided all the criteria set forth in the Code of the Village of
Ballston Spa are satisfied.
(2)
Site plan review requirements are met pursuant to § 205-19 of the Code of the Village of Ballston Spa.
(3)
Special use permits granted to adult-oriented businesses
shall be nontransferable and shall be subject to renewal with the
Zoning Board of Appeals on an annual basis subject to applicable fees
pursuant to this section. Property owners within 500 feet of the location
of a proposed adult-oriented business shall be notified, in writing,
by the applicant and at the cost of the applicant, of the day, time
and location of the public hearing.
E.
Should any portion of this section be deemed unconstitutional,
said part shall be removed and the remainder of this law will survive
with full force and effect.
[1]
Editor's Note: This local law also repealed
former § 205-47, Adult cabarets and adult entertainment.
Areas of special flood hazards within the Village of Ballston Spa have been identified by the Federal Emergency Management Agency in a report entitled "Flood Insurance Study, Village of Ballston Spa, New York, Saratoga County," dated June 1, 1984. Specific regulations for floodplain management can be found in Chapter 120, Flood Damage Prevention. These regulations shall in no way conflict with any regulations contained within this chapter.
In any district where permitted, gasoline service
stations and public garages shall be subject to the following regulations:
A.
The area for use by motor vehicles, except access
drives thereto, as well as any structures shall not encroach on any
required yard area.
B.
No public garage for more than five cars shall have
a vehicular entrance closer than 200 feet to an entrance to a church,
school, theater, hospital, public park, public library, playground
or fire station. This distance shall be measured along the center
line of the connecting street or public right-of-way.
C.
No fuel pump shall be located within 20 feet of any
side lot line nor within 35 feet of any property line abutting the
street.
D.
No public garage shall have an opening in the roof,
side or rear walls less than 15 feet from any lot line.
E.
All waste material shall be stored within a structure
or enclosed within fencing so as not to be visible from off the property.
F.
On any street which provides access to gasoline pumps,
all repair facilities shall be at least 15 feet farther from the street
line than the side of the gasoline pumps furthest from the street
line.
G.
On any street other than that described in § 205-49F above, to which vehicular access is provided from a building, no building parts shall extend closer to the street line than 15 feet.
H.
No more than five unregistered motor vehicles shall
be located on a gasoline service station or public garage site at
any given time.
A.
Excavations adversely affecting natural drainage or
structural safety of adjoining buildings or lands shall be prohibited
in all districts. Excavations shall minimize objectionable dust or
noise, soil erosion or noxious or injurious substance or conditions
or cause public hazard.
B.
Grading operations affecting more than one acre of
land shall require a grading permit from the Building Inspector.
C.
Excavation or fill operations or the construction
of a retaining wall three feet or more in any location shall require
a building permit from the Building Inspector.
D.
Excavations in connection with the construction on
the same lot of a building for which the building permit has been
issued shall be permitted in any district.
E.
Unless incidental to the construction of a building,
the excavation and sale of sand, gravel, clay or other natural mineral
deposit or the quarrying of any kind of rock formation shall be subject
to the approval of the Zoning Board of Appeals. Before issuing a permit
for such use, the Zoning Board of Appeals shall find that such activity
will not endanger the stability of adjacent land nor constitute a
detriment to public welfare, convenience or safety by reason of excessive
dust, noise, traffic congestion or other condition. The Zoning Board
of Appeals may specify any reasonable requirements to safeguard the
public health, safety and welfare in granting such permit.
F.
In the event that building construction operation
is arrested prior to completion of the building and the building permit
thereof is allowed to expire, the premises shall be cleared of any
rubbish, building materials or other unsightly accumulations. Any
excavation for a building, basement, foundation, utility or other
purpose of a depth greater than two feet below grade line shall be
filled and compacted at least every six inches and the topsoil replaced
in layers or lifts of not to exceed six inches, or all such excavations
shall be entirely surrounded by a substantial fence at least six feet
high with necessary gates and locks that will effectively block access
to the area. Such clearing, filling or fencing shall be completed
within 30 days after the expiration date of the building permit.
Junkyards are specifically prohibited in all
zoning districts.
No person shall undertake to construct any new
building or structure in the Village of Ballston Spa without first
meeting the requirements for a system or facilities for the separate
disposal of waterborne sewage, domestic or trade wastes in accordance
with applicable laws of the Village and laws of the State of New York.
No living tree shall be felled or destroyed
and no building shall be constructed within 100 feet of the center
of the creek bed of the Kayderosseras Creek or the Gordon Creek in
open space areas shown on the Zoning Map of the Village of Ballston
Spa dated May 20, 1994, and as it shall become amended from time to
time, except by special permit of the Zoning Board of Appeals.[1]
[1]
Editor's Note: The Zoning Map is on file in
the Village offices.
A.
The purpose of this section is to allow home occupations
in residential districts while still maintaining the residential character
of the districts.
B.
Home occupations must meet the following criteria:
(1)
Home occupations must clearly be accessory to the
use of the dwelling unit as a residence, the extent of which may not
exceed 25% of the gross floor area of the dwelling unit.
(2)
No more than one additional person may be employed
by the home occupation.
(3)
All home occupations are subject to special permit
provisions of this chapter.
(4)
There shall be no evidence of the home occupation
from the exterior of the dwelling unit with the exception of one announcement
or professional sign not exceeding two square feet in area. The sign
may not be located in any required yard and, if illuminated, the source
of light shall not be visible nor shall illumination or flashing be
intermittent.
(5)
In the case of a two-family dwelling, only the owner-occupied
unit may be utilized for a home occupation use.
(6)
Only one home occupation use is allowed per dwelling.
(7)
The storage of stock and/or equipment outside of the
dwelling unit shall not be permitted.
C.
The following uses are allowable home occupation uses:
[Added 10-23-2006 by L.L. No. 7-2006]
In addition to any other regulation contained
within this Code, all fences shall be erected in such a manner so
that the support columns are on the interior side of the fence.
[Added 10-23-2006 by L.L. No. 6-2006; amended 4-23-2007 by L.L. No. 3-2007]
A.
Any change of use on the ground floor of a structure
located within the Central Business District Zone shall be used only
for retail space with the following exceptions:
B.
Any existing use of the ground floor of a structure
at the time of this section's enactment may continue until such time
that the existing use is discontinued.
C.
To qualify as retail space in the Central Business District Zone,
at least 80% of the total square footage of the ground floor of such
structure must be dedicated to and be used for retail business use.
[Added 4-22-2013 by L.L. No. 1-2013]
