Ballston Spa City Zoning Code
ARTICLE X
Supplementary Use Regulations
§ 205-46 Swimming pools.
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.
§ 205-47 Adult-oriented or adult use businesses.
[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.
§ 205-48 Floodplain management regulations.
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.
§ 205-49 Gasoline service stations and public garages.
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.
§ 205-50 Excavations.
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.
§ 205-51 Junkyards.
Junkyards are specifically prohibited in all zoning districts.
§ 205-52 Sanitary disposal.
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.
§ 205-53 Protection of natural beauty.
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.
§ 205-54 Storage of unregistered vehicles, travel trailers and recreational vehicles.
§ 205-55 Home occupations.
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:
§ 205-55.1 Fences.
[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.
§ 205-55.2 Retail use in the Central Business District Zone.
[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]