Saranac Lake Village
City Zoning Code
City Zoning Code
ARTICLE VIII
Use Regulations and Dimensional Standards
§ 106-39 Application of regulations.
Except as hereafter provided:
A.
No building, structure, or lot shall hereafter be used or occupied and no building or structure or part thereof shall hereafter be erected, moved, altered, demolished, reconstructed or enlarged except in conformance with the regulations herein specified for the district in which it is located.
B.
No part of a yard or other open space required in connection with any building or use shall be included as part of a yard or other open space similarly required for another building or use.
C.
No yard or lot existing at the time of the passage of this code shall be reduced in size or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this code shall meet the minimum requirements set forth herein.
D.
Nothing contained herein shall prohibit the use of a lot of record in legal existence as of the date of enactment of this code even if such lot or lots do not meet the minimum area and bulk requirements. Further, nothing contained herein shall prohibit the use of an undeveloped lot in a subdivision which is in legal existence as of the date of enactment of this code, providing that such use is in conformance with requirements set forth in Part 2, Article VIII, of this code. Preexisting nonconforming uses, structures and lots shall comply with the requirements set forth in Part 2, Article IX, of this code.
E.
No off-street parking or loading space required for one building or use shall be included as satisfying, in whole or in part, the off-street parking or loading space required for another building or use, unless approved as a shared parking plan by the Development Board.
F.
No off-street parking or loading space shall be so reduced in area that it does not meet the minimum requirements of this code.
G.
Within each district, the regulations set forth by this code shall be considered minimum regulations and shall apply uniformly to each kind of building, structure or land.
H.
Procedure for determination of land use conformity. The Director shall refer to Schedule 1, Allowed Uses, of this code to determine how a land use is regulated under this code.[1] Upon the request of a property owner or involved party, the Director shall provide a written determination as to the permissible nature of a proposed use and, if permissible, how the land use is regulated.
(1)
Only those land uses specifically identified as permitted principal uses, permitted uses by administrative permit, permitted special use permit uses and permitted site plan review use shall be permissible in their respective zoning districts.
(2)
All other uses are expressly prohibited unless:
(a)
Granted a variance by the Development Board pursuant to Part 2, Article XVI; or
(b)
Listed on Schedule 1 as the result of an amendment to this code as considered and approved by the Board of Trustees.[2]
[2]
Editor's Note: Schedule 1 is included as an attachment to this chapter.
[1]
Editor's Note: Schedule 1 is included as an attachment to this chapter.
I.
Manufactured housing/mobile homes. No provision of this code shall prohibit or restrict, in any way, the right of a manufactured/mobile home owner owning a manufactured/mobile home on the effective date of this code to replace his or her manufactured/mobile home with one of equal or greater value. The replacement manufactured/mobile home shall comply with all local and state requirements. According to federal regulations, all transportable sections of manufactured homes built in the United States after July 1976 must contain a red label. The label is the manufacturer's certification that the home is built in accordance with HUD's construction and safety standards that include body and frame requirements, thermal protection, plumbing, electrical, fire safety and other aspects of the home. A building permit shall be required to replace a manufactured home.
§ 106-40 Schedule of use regulations.
Land uses are regulated according to location and type using the following method:
A.
Permitted uses. A use shall be permitted in a given zoning district if it is listed in Schedule 1, Allowed Uses, hereof[1] as a permissible use for that district, provided that all other requirements of this code are met.
[1]
Editor's Note: Schedule 1 is included as an attachment to this chapter.
B.
Administrative permit uses. A use listed in Schedule 1, Allowed Uses,[2] as a use requiring an administrative permit shall be permitted in that district when a permit has been approved by the Director in accordance with the standards in Part 1, Article III, Administration and Enforcement, hereof, provided all other requirements of this code are met.
[2]
Editor's Note: Schedule 1 is included as an attachment to this chapter.
C.
Site plan review uses. A use listed in Schedule 1, Allowed Uses, hereof[3] as a site plan review use for a given district within this code shall be permitted in that district when approved in accordance with Part 2, Article XI, Site Plan Review, hereof, provided that all other requirements of this code are met.
[3]
Editor's Note: Schedule 1 is included as an attachment to this chapter.
D.
Special use permit uses. A use listed in Schedule 1, Allowed Uses, the schedule of use regulations,[4] as a special use permit shall be permitted in that district when approved in accordance with Part 2, Article XII, Special Use Permits, hereof, provided all other requirements of this code are met.
[4]
Editor's Note: Schedule 1 is included as an attachment to this chapter.
E.
All uses listed in Schedule 1, Allowed Uses, shall be permitted as indicated for each zoning district, provided that all other requirements of this code are met.[5]
[5]
Editor's Note: Schedule 1 is included as an attachment to this chapter.
§ 106-41 Dimensional standards.
[Amended 10-15-2019 by L.L. No. 4-2019]
A.
Dimensional standards for new buildings. All buildings shall be subject to the requirements of this section and the dimensional standards listed in Schedule 2, Dimensional Standards.[1]
[1]
Editor's Note: Schedule 2 is included as an attachment to this chapter.
B.
Dimensional standards for existing buildings. Buildings in existence on the date of adoption of this chapter, whether conforming to the following standards or not conforming to the following standards, shall be allowed to continue provided that:
(1)
Future building modifications meet the dimensional standards as listed in Schedule 2, Dimensional Standards;[2] and
[2]
Editor's Note: Schedule 2 is included as an attachment to this chapter.
(2)
All other requirements of this code are met.
C.
Lot coverage. Where a maximum lot coverage is specified, no building or part of a building or impervious surface or other form of coverage shall exceed such maximum allowable except as specifically authorized by this chapter.
D.
Calculating lot coverage. Lot coverage shall be calculated in the following manner:
(1)
Compute the square footage of all parts of the lot, or portion of the lot where split by a zoning district boundary, covered by all buildings, including accessory structures, decks, patios, paved or unpaved walkways and parking areas, and any other paved surface;
(2)
Add the square footage calculated in Subsection D(1) above to obtain a figure for total coverage; and
(3)
Divide the total coverage calculated in Subsection D(2) above by the square footage of the entire upland portion of the lot to derive the percentage of lot coverage. Lot area inundated by water, including streams, ponds, lakes, wetlands, and other bodies of water, shall not be included.
E.
Exceptions to lot coverage. In all districts, the following shall not be counted as lot coverage:
(1)
Lawns, gardens and unpaved landscaped areas;
(2)
Drainageways;
(3)
Open play structures without a roof, sandboxes, or swings, not located on a paved surface;
(4)
Fountains;
(5)
Swimming pools (Note: aprons, decks and walks adjacent to swimming pools shall be considered as lot coverage);
(6)
Fences;
(7)
Retaining walls less than 24 inches in width across the top surface.
(8)
Ramps for the disabled, for which the sole purpose is to provide access for the disabled, and which have no more than the minimum dimensions required to meet accessibility standards.
F.
Setbacks. Setbacks between buildings and property lines, where required, are intended to provide access to light and air, provide fire separation and access, and maintain the existing neighborhood pattern of buildings and open spaces between them and to the street.
G.
Setbacks required. Unless otherwise authorized or specified in this chapter, a setback shall be provided between any proposed structures and/or site features and the front, side and rear yard property lines as follows:
(1)
Front yard. In order to maintain the existing pattern of development along a given street, both a minimum front yard setback shall be as required under the provisions of Schedule 2, Dimensional Standards.[3]
[3]
Editor's Note: Schedule 2 is included as an attachment to this chapter.
(2)
Lots having frontage on more than one public street shall maintain a front yard setback on each public street except access alleys.
(3)
Side yard. The minimum side yard setback for any principal structure shall be as required under the provisions of Schedule 2, Dimensional Standards.[4]
[4]
Editor's Note: Schedule 2 is included as an attachment to this chapter.
(4)
Rear yard. Minimum rear yard setback for any principal structure shall be as required under the provisions of Schedule 2, Dimensional Standards.[5]
[5]
Editor's Note: Schedule 2 is included as an attachment to this chapter.
H.
Exceptions to yard setback requirements. The following projections into required yard setbacks may be permitted subject to administrative review by the Director:
(1)
Abutting building with doors or windows. Where the facade of an existing adjacent principal building is within five feet of the common property line and has either doors or windows, a setback of 10 feet shall be required for any new development up to the height of the abutting building in any district where no setback is required.
(2)
Building and site features. Eaves, sills, roof overhangs, cornices, steps to first-floor entries, walkways, ramps for the disabled and for which the sole purpose is to provide access for the disabled and which have no more than the minimum dimensions required to meet accessibility standards, fences, walls, and similar building and site features may project into a required yard setback.
(3)
Historic structure features. Features of an historic structure, such as porches, additions, entries, bays and porticos, that have been removed may be replaced and may project into required yard setbacks subject to the following:
(a)
The structure is listed or eligible for listing on the State or National Register of Historic Places;
(b)
The building feature being replaced was a character-defining feature of the primary structure, can be documented to have previously existed, and is being replaced within the original footprint; and
(c)
The structure feature replacement is completed in accordance with the standards for historic buildings contained in § 106-85 of this Part 2.
(4)
Setbacks for accessory structures. Schedule 2, Dimensional Standards, minimum setbacks for any accessory structure shall be as required under the provisions of Schedule 2, Dimensional Standards.[6]
[6]
Editor's Note: Schedule 2 is included as an attachment to this chapter.
(5)
Shared driveways. Common or shared driveways and walkways along shared property lines and associated parking areas do not have to meet setback requirements along the shared property line.
§ 106-42 Building permit required.
Before the construction, relocation, or alteration of any structure is conducted, a building permit shall be obtained from the Code Enforcement Officer of the Village. No site preparation for any building shall begin unless and until a building permit has been issued.
§ 106-43 Principal buildings per lot.
Unless otherwise specified, there shall be only one principal building per lot except as specified in the following instances. More than one principal use and/or building per lot is permitted if:
A.
The minimum required lot area, lot width and all yard requirements are met for each land use and or building; or
B.
The land uses and or buildings are located within a district where mixed uses or multiple-use buildings are permissible.
§ 106-44 Applicability of other regulations.
The ability to undertake a land use activity pursuant to this code does not repeal or eliminate the jurisdiction of other local, regional, state, or federal agencies. Those undertaking land use activities are advised that approvals and/or permits may be required from said agencies.
§ 106-45 Cluster development.
A.
Authority. In accordance with § 7-738 of the Village Law of the State of New York, the Village Development Board is empowered to modify applicable provisions of the Village's zoning requirements through approval of a cluster development for the purpose of enabling and encouraging flexibility of design and development of land in such a manner as to promote the most appropriate use of land, to facilitate the adequate and economic use of streets and utilities, and to preserve the natural and scenic qualities of open lands.
B.
Applicability.
(1)
The provisions of this section shall apply to all zoning districts where residential land uses are listed as allowed uses in Schedule 1, Allowed Uses.[1]
[1]
Editor's Note: Schedule 1 is included as an attachment to this chapter.
(2)
The provisions of this section shall apply to major subdivisions.
C.
Procedure and standards. A subdivider shall request a cluster development in a major subdivision beginning with a Step 1, Concept review, application as provided in Part 3, § 106-122F.
§ 106-46 Incentive zoning.
A.
Authority. In accordance with § 7-703 of the Village Law of the State of New York, the Development Board is empowered to provide for a system of zoning incentives or bonuses in exchange for specific social, economic, or cultural benefits or amenities as the Development Board deems necessary and appropriate and which are consistent with the intent and purpose set forth below.
B.
Applicability.
(1)
The provisions of this section shall apply to all zoning districts where residential land uses are listed as allowed uses in Schedule 1, Allowed Uses.[1]
[1]
Editor's Note: Schedule 1 is included as an attachment to this chapter.
(2)
The provisions of this section shall apply to major subdivisions.
C.
Objective. It is the intent of this section to empower the Development Board to grant incentives or bonuses to advance the core objective of expanding connections to the Village of Saranac Lake municipal water and sewer system.
D.
In addition to this core objective, it is also the intent to fulfill the vision and policies articulated in the Comprehensive Plan and the goals and objectives of the LWRP. Therefore, in addition to the core objective, the following additional objectives may be considered:
(1)
The preservation and enhancement of natural and cultural features;
(2)
The accommodation of permissible clustering (See Part 2, § 106-45.) which would further the land use goals of the Village;
(3)
The preservation of usable open space and public access to recreation lands and trails;
(4)
The preservation of access to lakes, rivers, streams and ponds; scenic view sheds; forests; geologic features; environmentally sensitive areas; significant plant and animal habitats; and important ecological resources;
(5)
The promotion of the general health, safety and welfare of the residents of the Village.
E.
Benefits and amenities.
(1)
The applicant/developer must provide a connection to the Village water and sewer system.
(2)
One or any combination of the following benefits or amenities may be in addition to the mandated requirement stated in § 106-46E(1):
(a)
Preservation of open space;
(b)
Establishment of parks;
(c)
Installation of utilities and appurtenances to mitigate potential adverse impacts of the proposed development to the natural environment;
(d)
Preservation of cultural or historic facilities;
(e)
Trails, pathways and sidewalks, especially those that provide connections to existing trails and bicycle and pedestrian networks, and other facilities or benefits to the residents of the community which are consistent with the purpose and intent of this section, as determined by the Development Board.
F.
Incentives or bonuses. The following incentives may be granted by the Development Board to an application on a specific site:
(1)
Increase in residential density of the proposed development by up to 10%; and
(2)
Increases in lot coverage of the proposed development by up to 10%.