Local Law Filing                                                                         NEW YORK STATE DEPARTMENT OF STATE 

                                                                                                                                                              41 STATE STREET, ALBANY, NY 12231

 

 

(Use this form to file a local law with the Secretary of State.)

 

Text of law should be given as amended.  Do not include matter being eliminated and do not use italics or underlining to indicate new matter.

 

 

               Town of                                  Saratoga                                             

 

            Local Law No.                        3                      of the year 2018

 

A local law amending the Zoning Ordinance of the Town of Saratoga to allow a Commercial Event Venue as a special permitted use in certain zoning districts of the Town.                                                           

                                                                                                                                                                                                                                               

Be it enacted by the                           Town Board                                                of the

                                                      (Name of Legislative Body)

 

           Town of                                   Saratoga                                                     as follows:  

Section 1: Commercial Event Venue Allowed

 

Article IV of Chapter 400 of the Code of the Town of Saratoga (the “Zoning Ordinance”) is amended by adding the following:

 

§ 400-16.5 - Commercial Event Venue

 

Definitions:

 

Commercial Event Venue - A location where events are held, including but not limited to weddings, parties, meetings, family reunions, and corporate events. The event location must include a least one permanent structure as the primary facility, but may also include tents, gazebos or open areas. Events for which the owner or operator of the venue receives no fee or other remuneration in connection with the event and no fees are charged to attendees shall not be considered commercial events. Events held by not-for-profit organizations by and for their membership shall not be considered commercial events.

A. 

Restaurants with banquet facilities where commercial event venues are accessory to the restaurant shall not be subject to this regulation.

B. 

No vehicles associated with the event shall be permitted to be parked on public roadways. All vehicle parking shall be maintained on site.

C. 

A minimum of one parking space for every two persons attending the event shall be provided for on-site parking. The board may approve, in its discretion, the use of off-site parking as an alternative, with transportation to the site by attendees through a commercial transportation service.

D. 

The parcel size on which event venue is located must be a minimum of five (5) acres. The general event area (the actual location(s) in which the gathering is to occur) shall be located at least 100 feet from adjacent owners' property lines. All activities associated with the use are to be included within the general event area, the only exception being the parking as allowed by Subsection B above.

E. 

Sources of amplified sound, including recorded music or live musical performances, but excluding spoken word, shall commence no earlier than 12:00 p.m., shall be terminated by 10:00 p.m. Only enclosed permanent structures shall be considered an acceptable location for the source of recorded or live music as referenced in this code section. Amplified sound shall not at any time exceed 75dBA as measured from an area immediately outside any adjacent residences.

F. 

Fireworks, firecrackers and/or loud reports or displays are not allowed.

G. 

No overnight accommodations shall be provided in temporary structures such as tents or recreational vehicles. Any venues which provide overnight accommodations (such as motels, inns, or bed and breakfasts) must comply with all applicable codes and laws related to the provision of said accommodations.

H. 

Food or alcoholic beverages are permitted to be sold by licensed vendors.

I. 

The number of persons at a commercial event venue shall be fixed by the Planning Board, based on the size of the parcel and event venue, and giving due regard for the character of the neighborhood and any applicable local or State building and public health laws.

J. 

Adequate sanitary restroom facilities shall be provided on site, and the type, design and location of such facilities and the method of sewage disposal from restroom facilities shall be subject to the approval of the Planning Board. Permanent structures used to host commercial events must meet all NYS Building Code regulations and public health laws

K. 

Subsequent to the special permit approval, a person holding a permit under this section shall submit to the Zoning Officer a Notice of Event not less than 30 days prior to any scheduled event. Such submittal to the Zoning Officer shall also include, for each event listed, the name and phone number of the owner or agent of the owner who shall be on-site for said event, the hours of the event, the number of persons attending, the names and licenses for any food or beverage vendors, and any other information that the Zoning Officer may reasonably require.

L. 

A permit holder shall pay to the Town an annual fee of $500.00, payable on the anniversary date of the permit, to cover the costs of monitoring and enforcement by the Town.

M.

All other provisions of Article VII (Special Permitted Uses) of this Zoning Ordinance shall apply to commercial event venue applications.

 

Section 2: Zoning Districts

 

Commercial Event Venue shall be added as a special permitted use in the Rural and Rural Residential zoning districts of the Town.

           

Section 3: Effective Date

 

            This local law shall take effect immediately.