Making some noise

Less than a year since the failed first reading of an ordinance that would amend Chapter 5.30 of the Saratoga Municipal Code, the discussion of specially permitted events and outdoor music appears to be returning to both the planning commission and the Saratoga Town Council.

At the May 11 meeting of the Saratoga Planning Commission, the discussion was started by Saratoga resident Chris Shannon. Shannon is the co-owner of The Yard, a music venue across from the Angus England American Legion Post 54 on Southeast River Street.

"We're going to be reviving music at The Yard this summer. It's outside, we've got two shows scheduled is all," said Shannon. "I just wanted to check in because I haven't been keeping tabs on town hall through the winter and the last I had heard was that the council had kind of kicked it to the planning commission the discussion of permitted uses versus special events permits on private property and I was just curious where that might be."

"My recollection is Councilman Nelson took a stab at a possible ordinance that didn't seem to get much traction or go anywhere," said Mayor Creed James. "As far as it being kicked back down to planning and zoning, that would have been before Lindy (Glode), Theresa (Ramsy-Manley) and I were on it."

In October 2020, Councilmember Jon Nelson had introduced Ordinance No. 858, unofficially named the "Pesto Festo Ordinance". The catalyst for this ordinance was an event held by the Saratoga Gardening Club, Pesto Festo, which saw a "nay" vote from Nelson due to the constraints of the code; namely the stipulation that any application must be submitted 30 days prior to a council meeting in which the applicant is requesting approval.

Along with the aforementioned deadline, another portion of the code that led to confusion was section 5.30.010 which stated any event less than 50 people could be submitted to the town clerk. The town clerk, then, would provide the application to a Town of Saratoga employee or employees who had been designated by the council to review and consider approval of such applications.

No such employee, however, has been designated or appointed by the council in recent years.

A new subsection added by Nelson to Chapter 5.30, unofficially dubbed the "Firewater Exemption", read "Outdoor music events held on private property within the highway business or retail business district for which no tickets are sold or special admission fee (i.e. cover charge) is charged. This exemption shall not be construed as to create an exemption for any other law or ordinance including, but not limited to, noise regulations and/or 5.08.160 Denial of Temporary License."

It was this subsection that elicited the most discussion with the council's former legal counsel, Tom Thompson, stating that providing such an exemption was changing the permitted uses within retail business and highway business without following the proper amendment process.

Cindy Bloomquist, Shannon's partner, agreed with Thompson in regards to the zoning. Ultimately, Ordinance No. 858 failed first reading and the issue of amending the zoning in the two business districts was sent to the planning commission.

At that time, however, the planning commission consisted of only three members and the issue was never discussed.

At the May 4 meeting of the Saratoga Town Council, Nelson clarified his position on outdoor music in a retail business and his interpretation of Chapter 18.30. The council member stated that permitted uses within retail business specifically list outdoor amphitheater music and entertainment and, as such, outdoor music is permitted within the retail business district without the requirement of a special events permit.

However, Section 18.30.020(M)(10) of the Saratoga Municipal Code, which Nelson referenced, relates specifically to resorts. This point was brought up by Shannon to the planning commission on May 11.

"Technically, it's not a permitted use anywhere in the district," Shannon said. "Anything outdoors is not allowed in the district, everything's supposed to be conducted within the confines of the building."

Indeed, Section 18.30.020 reads "All uses shall be conducted within the confines of permanently constructed buildings except those uses permitted which are customarily conducted in the open such as short term storage and off-street parking".

Shannon, echoing the comments in October from both Thompson and Bloomquist, stated that he did not see the issue as being "one property versus another" but rather an issue of zoning. 

"I think it should be looked at as a whole district issue, whether we could make it a special use permit or make it a permitted use for the entire district rather than just the resort," said Shannon. "I hate to single out anybody like Firewater ... if that business isn't required to have a special event permit then another property in the same district should have the same treatment, i.e. The Yard, because we're in the same zoning district."

According to the most recent zoning map for the Town of Saratoga, which was last updated in 2018, The Yard is in retail business while Shannon and Bloomquist's nearby residence is in RD 6000. 

Glode asked both Chairman Tom Westring and James if the planning commission and council could "get something on the books for special events permits and make it fair for everyone" though no formal motion was made. Shannon also suggested the Town of Saratoga revisit the noise ordinance as well due to the wording "loud and unusual noises".

"What's loud and unusual for me may be very loud and unusual for you," Shannon said.

That wording was added in 2011 in regards to music held at The Yard. While there had been consideration to include decibel level limits, the council at the time ultimately abandoned such limits in place of the aforementioned wording.

The next meeting of the Saratoga Planning Commission will be 5:30 p.m. on June 8 at Saratoga Town Hall.