Saratoga City Zoning Code
CHAPTER 18
42 GENERAL DISTRICT REGULATIONS
§ 18.42.010 Purpose.
The regulations set forth in this chapter qualify or supplement, as the case may be, the district regulations appearing elsewhere in this title.
(Ord. 399 § 1(Art. 6), 1980)
§ 18.42.020 Height regulations.
The height limits contained in this title shall not apply to a church spire, cupola, dome, mast, belfry, clock tower, radio transmission line, tower, flagpole, chimney flue, water tank, elevator or stair bulkhead, stage tower, scenery loft or similar structure. However, all new construction within the airport height restriction area as depicted on the official zoning map of the towns shall conform to the height requirements described in the "Saratoga Zoning Ordinance to Limit the Height of Objects Around Shively Airport." A copy of the ordinance is available at the office of the zoning officer. The above mentioned structures shall not:
A.
Have a lot coverage at the base in excess of ten percent of the lot area;
B.
Be used for residence or tenancy purposes;
C.
Have any advertising sign or device inscribed upon or attached to such structure.
(Ord. 399 § 1(328-25), 1980)
§ 18.42.030 Fences and walls-Procedure for obtaining deviation.
A.
Fences and walls may be erected, altered and maintained within the yards; provided, that any such fence or wall in the front yard shall not exceed four feet in height and any fence or wall in the side or rear yard shall not exceed six feet in height.
B.
Wood, chain link, stone block or masonry and wrought iron are considered as acceptable fencing materials in residential districts. In no case shall barbed wire, chicken wire, or hog fence be acceptable or permitted as a fencing material in a residential district. As a general rule, the type of fencing shall reflect the aesthetics of the neighborhood and shall be in keeping with already legally established fences in the area. Upon submission of a written request, alternate materials may be evaluated and allowed by the planning commission.
C.
Any deviation from the fence and wall restrictions shall require a fence permit. Requests for a fence permit shall be made on forms provided for this purpose. The application for a fence permit shall be filed with the zoning officer and a fee of twenty-five dollars shall be paid by the applicant. The applicant shall submit with his or her application a petition signed by all of the property owners within a two hundred foot radius of the front center of the applicant's property where the proposed fence is to be constructed, each property owner indicating approval or disapproval of the permit, and showing the approval of the owner or owners of a majority of the property (i.e., greater than fifty percent) within the two hundred foot radius, not including the applicant's property. Upon receipt of a completed application for a fence permit, the zoning officer shall transmit a copy of any pertinent information to the planning commission for its consideration. The completed application and supporting documents shall be submitted to the zoning officer not less than ten days prior to a scheduled planning commission meeting to be heard by the planning commission.
(Ord. 399 § 1(328-26), 1980; Ord. 725, 2004; Ord. 831 § 1, 2016)
§ 18.42.040 Visibility on corner lots.
A.
As an aid to freer safe movement of vehicles at and near street intersections and in order to promote more adequate protection for the safety of children, pedestrians, operators of vehicles and for property, for proposed construction hereafter there shall be limitations on the height of fences, walls, gateways, ornamental structure, hedges, shrubbery and other fixture construction and planting on corner lots in all districts where front yards are required.
1.
Such barriers to clear unobstructed vision at corners of intersecting street shall be limited to a height of not over three and one-half feet above the established elevation of the nearest street line, for a distance of twenty-five feet along both the front and side lot lines, measured from the point of intersection of the intersecting lot lines. (See diagram following.)
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2.
In cases where front yards are terraced, the ground elevation of such front yards shall not exceed three and one-half feet above the established street line elevation at the intersecting streets.
B.
Should any person violate the part of this title which prohibits hedges or plantings from obstructing visibility at intersections and points of ingress and egress to the public right-of-way (hedges and plantings in excess of three and one-half feet in height), then in addition to any other penalties provided for in this title, the town may, after ten days written notice to the property owner responsible for such violations, enter upon the property where such violation is taking place and cut and trim the hedges or plantings causing such violation to a height to conform with the provisions of this title, and upon performing such labor, shall bill the property owner for the actual cost thereof; it being determined by the town council that such hedges or plantings in violation of this title constitute a direct danger to vehicular traffic on the streets of the town and as such, are within the police power of the town to abate.
(Ord. 399 § 1(328-27), 1980)
§ 18.42.050 Projections of residential building.
A.
Architectural features including sills, chimneys, cornices, eaves and canopies may extend into a required side yard or a space between structure not more than two feet and may extend into a required front or rear yard no more than six feet.
B.
No building or projections thereof, may extend into an easement, public rights-of-way or beyond the property line.
C.
Fire escapes, ramps or stairways may project into any required yard or space between buildings not more than four feet.
(Ord. 399 § 1(328-28), 1980)
§ 18.42.060 Open space requirements.
No lot, yard, court or other open space already containing the minimum required area or less than the minimum required under this title shall be further divided or reduced.
(Ord. 399 § 1(328-29), 1980)
§ 18.42.070 Sidewalks.
Combination curb, gutter and sidewalks shall be built according to town standards.
(Ord. 399 § 1(328-30), 1980)
§ 18.42.080 Sanitation and water supply.
An application for a building permit for the erection, alteration or relocation of any building for human use or occupancy within the corporate limits of Saratoga, which will not be connected to the town water and sewage systems, shall be considered and treated by the zoning officer or town administrator, the planning commission and the town council, as a request for a variance and shall be considered and disposed of in the same manner and according to the same criteria applied to the approval and disapproval of variances. The variance filing fee and application shall be deemed waived.
(Ord. 399 § 1(328-31), 1980; Ord. 457 § 2, 1985; Ord. 467 § 2, 1985)
§ 18.42.090 Exterior lighting.
All lighting for parking area or for the external illumination of buildings or grounds or for the illumination of signs shall be directed away from and shall be shielded from adjacent residential districts and shall be so arranged as to not affect driver visibility adversely on adjacent thoroughfares.
(Ord. 399 § 1(328-32), 1980)
§ 18.42.100 Lots and adjoining alleys.
In calculating the area of a lot that adjoins an alley or land, for the purpose of applying lot area requirements, one-half the width of such alley abutting the lot shall be considered as a part of such lot.
(Ord. 399 § 1(328-33), 1980)
§ 18.42.110 Use restriction.
No portion of a lot or parcel once used in complying with the provisions of this title for yards or lot area, in connection with an existing or proposed building or structure shall again be used as part of the lot or parcel required in connection with any other building or structure existing or intended to exist at the same time.
(Ord. 399 § 1(328-34), 1980)
§ 18.42.120 Required street access.
Except where otherwise provided for in this title, every dwelling, required accessory parking area and truck loading space shall face and/or have frontage upon a street or have permanent means of access to a street by the way of a public or private easement other than an alley.
(Ord. 399 § 1(328-35), 1980)
§ 18.42.130 Through lots.
Through lots fronting on two streets shall be considered as having frontage on both for setback purposes.
(Ord. 399 § 1(328-36), 1980)
§ 18.42.140 Lot drainage.
No lot owner shall grade his or her lot in such a way as to interfere with the natural drainage of adjoining lots or to divert the drainage of his or her lot onto adjoining lots nor to interfere with the natural drainage of any lot so that the drainage of such lot is delivered upon any public street or thoroughfare in such a manner or in such amounts as to flood such public street or thoroughfare.
(Ord. 399 § 1(328-38), 1980)
§ 18.42.150 Horses, livestock and other barnyard animals.
A.
Definitions.
"Coop"
shall be defined as an enclosed structure that provides shelter to poultry. This structure shall be insulated or heated or both. For zoning purposes, they shall be considered accessory structures and follow development standards for accessory buildings in the zoning designation the coop will be located in (refer to Title 18 of the Saratoga Town Code). In addition; no coop shall be more than eight feet in height. Coops shall be sized adequately with a minimum of four square feet of coop space per chicken or five square feet per duck.
"Livestock and barnyard animals"
shall be defined as animals kept for farm purposes, especially marketable animals sought after for their milk, meat, such as cattle, horses, turkeys, geese, pigs, rabbits, goats, llamas, alpacas, sheep and all species of non-human mammals (except domestic dog, cat, ferret, laboratory mouse or rat; hamster; guinea pig; gerbil; and chinchilla).
"Pen"
shall be defined as the combination of the coop and the run. See Exhibit 1.
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"Poultry"
shall be defined as smaller fowl kept and raised primarily for their eggs such as chickens, ducks, guinea, quail. Animals in this category will only be considered as such if the breed has an average grown adult female weight of under 12 pounds. In all references to poultry the definition shall only include hens when referencing upland bird species. (It shall be unlawful to possess roosters within the town limits.)
"Run"
shall be defined as fully enclosed fenced area outside the coop. Runs shall be constructed to allow healthy movement for poultry and allow access into the coop from the run. Runs shall be used to contain poultry upon the property owner's premises. Runs shall not extend into the front yard of any property as defined by Title 18. Runs may be shared by various breeds of poultry on the same property. Runs shall be sized adequately. With a minimum of 10 square feet per chicken or 16 square foot per duck.
"Wild or dangerous animals"
shall be defined as, but are not limited to, poisonous reptiles, monitor lizards and tegus, nonpoisonous snakes with a length greater than six feet, crocodilians, poisonous spiders, scorpions, all species of non-human mammals (except domestic dog, cat, ferret, laboratory mouse or rat; hamster; guinea pig; gerbil; and chinchilla).
B.
Animals Not Allowed in Town Limits.
1.
Unless exempted in Subsection C of this section, it is unlawful for any person to possess any living wild or dangerous animal within the town limits.
2.
Unless exempted in Subsection C of this section, it is unlawful for any person to possess any livestock and barnyard animals or poultry within the town limits of Saratoga.
C.
Animals Allowed in Town Limits.
1.
Domestic Animals. Persons may keep in their possession domestic dogs, cats, ferrets, laboratory mice or rats; hamsters; guinea pigs; gerbils, and chinchillas. Animals shall be kept in a manner that does not violate any provisions of the Saratoga Town Code.
2.
Horses. Any person who keeps a horse or several horses on any lot containing a single-family dwelling unit shall keep not more than one horse for the private use of each member of the family living on the premises subject to the following additional restrictions:
a.
The horse shall not be kept or housed within 50 feet of any street or highway;
b.
Each lot shall have at least 10,000 square feet of area for each horse; and
c.
Adequate provisions shall be made by the individual landowner to maintain the horses on said property.
3.
Carbon County School District 2. Livestock or other barnyard animals may be kept for educational purposes at that property owned by the Carbon County School District No. 2, specifically limited to Saratoga High School. The livestock or barnyard animals kept at the high school shall be limited to allow one species per school year with a maximum limit of two animals and their immediate offspring for that school year. Prior to each school year, Carbon County School District No. 2 must request and receive a permit from the Saratoga planning commission concerning the keeping of livestock or barnyard animals and shall specify in said permit the type and number of animals to be kept. Said permit shall be subject to periodic review by the Saratoga planning commission and may be revoked at any time by the Saratoga planning commission when written concerns are not immediately addressed and corrected by Carbon County School District No. 2.
4.
Undeveloped Lands. Lands which are zoned as residential districts, greater than five acres in size, are allowed to have livestock, and barnyard animals provided the following requirements are met:
a.
Livestock, and barnyard animals shall be kept in an area not less than 150 feet from any property line.
b.
Premises where any livestock and barnyard animals are kept shall be maintained in such a condition as not to create a nuisance.
c.
Each year the property owner must request and receive a permit from the Saratoga planning commission concerning the keeping of livestock or barnyard animals and shall specify in said permit the type and number of animals to be kept. Said permit shall be subject to periodic review by the Saratoga planning commission and may be revoked at any time by the Saratoga planning commission when written concerns are not immediately addressed and corrected by the property owner.
5.
4H and FFA. Livestock and barnyard animals may be kept for FFA and 4-H purposes if the following conditions are met:
a.
Livestock and barnyard animals are kept for and only for 4-H and FFA purposes.
b.
Livestock and barnyard animals may be kept from April 1st to September 1st with adequate shelter and fencing.
c.
A special use permit is applied for and approved by the Saratoga planning commission. In addition, said permit shall be subject to the requirements of Chapter 18.69, Special Use Requirements.
d.
The special use permit shall only be valid for one year.
e.
Special use permits for this purpose are to be submitted by March 1st of each year.
6.
Poultry. A person may keep poultry in conjunction with a duplex or single family dwelling in a residential district if the following conditions are met:
a.
No more than any combination of 12 poultry shall be kept in conjunction with any single-family dwelling located on one parcel. A minimum of two of each type of poultry shall be kept at one time. i.e. two chickens, two ducks, two guinea.
b.
Poultry are being kept primarily for enjoyment and egg production the consistent cycling of poultry populations for household meat or for sale is prohibited.
c.
Poultry may be permitted to roam around outside their pen during daylight hours so long as their wings are clipped, they are in the rear yard of the lot and the area being roamed in entirely surrounded by a fence no less than six feet in height.
d.
Poultry must be locked away in the coop from sunset to sunrise.
e.
The owner has acquired a building permit with the Town of Saratoga. This permit shall include the size of the coop and run along with the proposed amount of poultry to be housed. This permit shall verify the coop is being built in accordance with this section.
f.
Feed for poultry is enclosed in a way to prevent the attraction of insects and rodents.
g.
Coops and runs are kept clean and maintained in a way that they do not become a nuisance as described in the Saratoga Town Code.
h.
If the condition of the fowl, coop, pen, run or any combination thereof constitutes a nuisance the owner of such may be subject to penalties described in Section 8.08.030 of the Saratoga Town Code
i.
This section does not supersede or affect the validity or enforceability of private lot restrictions, restrictive covenants, homeowners' association agreements, or any other agreement or arrangement that may limit or prohibit the keeping of chickens.
j.
Any individual currently possessing a coup, run, pen, poultry or the like shall have six months after the passage of the ordinance codified in this section to come into compliance with the requirements described herein.
(Ord. 399 § 1(328-46), 1980; Ord. 707, 2002; Ord. 726, 2004; Ord. 793, 2010; Ord. No. 870, 7/16/2024)