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LOCAL LAWSTnactmenfl Chapter 179 —Add Definition of Drive-Through Window & Comer Lots on main Street— 5 -16 -16
RESOLUTION ENACTING LOCAL LAW NO.: OF 2016 TO AMEND
QUEENSBURY TOWN CODE CHAPTER 179 ENTITLTED, "ZONING" TO:
1) PROVIDE FOR "DRIVE THROUGH WINDOWS" AT BUSINESSES IN
THE MAIN STREET ZONING DISTRICT UNDER CERTAIN CONDITIONS
AND 2) ADOPT PROVISIONS FOR DETERMINING SETBACK
REQUIREMENTS FOR CORNER LOTS ABUTTING MAIN STREET IN
THE MAIN STREET ZONING DISTRICT
RESOLUTION NO. , 2016
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law No.:
of 2016, introduced at the Town Board meeting held on May 2, 2016, to amend Queensbury Town
Code Chapter 179, entitled "Zoning," to: 1) provide for "drive- through windows" and facilities at
businesses in the Main Street Zoning District within the Town of Queensbury under certain prescribed
conditions; and 2) adopt provisions for determining setback requirements for corner lots abutting Main
Street in the Main Street Zoning District, and
WHEREAS, before the Town Board may amend, supplement, change, or modify the Town's
Zoning Law, it must hold a public hearing in accordance with the provisions of the Municipal Home
Rule Law and the Town of Queensbury Zoning Laws, and
WHEREAS, in accordance with General Municipal Law §239 -m, the Town must first refer the
proposed Zoning Law amendments and obtain a recommendation from the Warren County Planning
Department before enacting the legislation, and the Town duly made the necessary referral, and
WHEREAS, on or about May , 2016, the Warren County Planning Department
considered the proposed Local Law and determined that it would have no County impact, and
WHEREAS, the Town Board duly conducted a public hearing, heard all interested parties and
closed the public hearing concerning proposed Local Law No.: of 2016 on Monday, May 16ffi,
2016, and
WHEREAS, the Town Board, as Lead Agency for the environmental review required under
the State Environmental Quality Review Act ( SEQRA), has reviewed a Full Environmental
Assessment Form to analyze potential environmental impacts of proposed Local Law No.: of 2016
as well as potential impacts of certain related changes to the Town's Comprehensive Plan and found
that no significant adverse environmental impacts are expected to result, and
WHEREAS, the Town Board, as Lead Agency for SEQRA review, approved Resolution No.
of 2016 re- affirming its previous Negative Declaration with respect to the Comprehensive Plan
and adopting a Negative Declaration with regard to the proposed changes to the Town's
Comprehensive Plan and Proposed Local Law No.: of 2016,
WHEREAS, the Town Board has considered the conditions and circumstances of the area
affected by the proposed Local Law, and
WHEREAS, the Town Board wishes to consider adoption of Local Law No.: of 2016 as
presented at this meeting, hereinafter referred to as the "legislation,"
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby adopts Local Law No.: of 2016 to
amend Queensbury Town Code Chapter 179, entitled "Zoning," to: 1) provide for "drive- through
windows" and facilities at businesses in the Main Street Zoning District within the Town of
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Queensbury under certain prescribed conditions; and 2) adopt provisions for determining setback
requirements for corner lots abutting Main Street in the Main Street Zoning District, all substantially in
the form presented at this meeting, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk
to send a copy of this Resolution and a copy of the approved Local Law No.: of 2016 to the Town
Planning Board, Town Zoning Board of Appeals, Town Zoning Administrator and Warren County
Planning Department in accordance with §179- 15- 080(D) of the Town Zoning Law, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to submit
approved Local Law No.: of 2016 to the New York State Secretary of State for filing, in
accordance with the provisions of the Municipal Home Rule Law and acknowledges that the Local
Law will take effect immediately upon filing by the Secretary of State, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Clerk, Town
Zoning Administrator, Senior Planner and/or Town Counsel to take any other actions necessary to
effectuate the intent and provisions of this Resolution, and
BE IT FURTHER,
RESOLVED, that this Resolution shall take effect immediately.
Duly adopted this 16"' day of May, 2016, by the following vote:
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AYES
NOES
ABSENT:
LOCAL LAWS & ORDINANCES \Chapter 179 — Zoning — Drive Through Window & Corner Lots Main St — 5 -16 -16
LOCAL LAW NO.: OF 2016
A LOCAL LAW TO AMEND CHAPTER 179 "ZONING" OF
QUEENSBURY TOWN CODE TO: 1) PROVIDE FOR "DRIVE THROUGH
WINDOWS" IN SOME AREAS OF MAIN STREET ZONING DISTRICT
AND 2) ADOPT FRONT SETBACK REQUIREMENTS ON SIDE STREETS
OF CORNER LOTS OF MAIN STREET ZONING DISTRICT
BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURYAS
FOLLOWS.
Section 1. Intent; Authority — The Town Board wishes to provide for drive- through
windows in some areas of the Main Street Zoning District within the Town of Queensbury under
certain prescribed conditions and wishes to establish provisions for determining setback
requirements for corner lots abutting Main Street in the Main Street Zoning District. This Local
Law is adopted pursuant to New York Municipal Home Rule Law.
Section 2. Amendment of Zoning Law — Chapter 179 of the Queensbury Town Code,
entitled "Zoning" and known as the "Town of Queensbury Zoning Law" is hereby amended as
follows:
A. Section 179 -2 -010, entitled "Definitions and word usage" is amended to add a
new definition in subsection (C) as follows:
C.
DRIVE - THROUGH WINDOW— Facilities that by design, structure, service, or by packaging
procedures encourages or permits customer to receive services, obtain goods, or be entertained
while remaining in their motor vehicles.
B. Section 179 -3 -040, entitled "Establishment of zoning districts" subsection (B)
"Commercial districts," subsection (5) "Main Street" is amended at section (b) [2] as follows:
Note: Language in bold italics is new language to be added;
Language is old language to be deleted.
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(b) Dimensional requirements. All uses in this district must comply with the
requirements of Table 1 of this chapter and as follows (Note that all are minimum requirements
except building height and size which are maximum restrictions.):
[ 1 ] (Reserved)
[2] Front yard setback:
A. 40 feet to 100 feet as measured from the center line of Main Street. See
related building height minimums below and § 179- 7- 070(B)(1)(c). The
building setback for buildings and lots that are net leeated along do not have
frontage on Main Street is 20 feet as measured horizontally from the property
line.
B. Corner lots abutting Main Street shall be deemed to have two front yards:
one front yard on the side of the lot adjacent to Main Street and the other
front yard on the side of the lot adjacent to the street, road or public right -
of -way intersecting Main Street. The required building setback for the front
yard adjacent to Main Street shall be as specified in §179-3 -
040(B)(5)(b)(2)(A), above. The required building setback for the front yard
adjacent to the street or road intersecting Main Street shall be equal to the
actual distance as measured horizontally from the building, or proposed
building, to the property line on the side of the lot adjacent to Main Street.
The setback requirements for the other sides of such corner lots shall be
consistent with §179 -4 -070. (See §179- 4- 070(B), Corner lots fronting on
Main Street).
C. Section 179 -4 -070, entitled "Lots bounded by two roads or road and shoreline" is
amended to add a new section (B) as follows:
Note: Language in bold italics is new language to be added;
Language is old language to be deleted.
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A. The definitions of front, rear and side yard notwithstanding, where a lot is
bounded by two roads (a public road or public right -of -way exclusive of a private
right -of -way), or a road and a shoreline, any front yard or setback requirements set
forth in this chapter shall be met on both such boundaries. Both areas or sides of
the lot adjacent to each road or shoreline shall be considered front yards for
chapter compliance purposes. The remaining areas shall be considered rear yards.
The lot will be treated as if it had no side yards, but only front and rear yards, for
zoning compliance purposes.
B. Corner lots fronting on Main Street. Where a lot is bounded by Main Street
and an intersecting street or road (a public road or public right -of -way
exclusive of a private right -of -way), front yards and front setback requirements
shall be determined in accordance with the requirements of §179-3 -
040(B)(5)(b)(2). The property line abutting and shared with an adjacent
property also fronting on Main Street shall be considered a side lot line. The
property line abutting and shared with an adjacent property which also has
frontage on the street or road intersecting with Main Street shall be considered
a rear lot line. (See Figure X below).
Figure X. Corner lots in the Main Street zoning district
Note: Language in bold italics is new language to be added;
Language is old language to be deleted.
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D. Section 179 -7 -070, entitled "Main Street (MS)," is amended to add a new subsection
(5) as follows:
B. Site organization.
(S) Drive - through windows.
(a) Drive - through window facilities may be approved in the Main Street
district when developed in accordance with the following standards of
this section:
[11 Any drive - through window shall have an exit lane onto a town
road serviced by a signalized intersection. Drive - through
windows where traffic exits directly on to Main StreedCR28 are
prohibited.
[21 A traffic study shall be required describing peak hours of
operations, volume of customers per hour, stacking lane length
needed for the anticipated volume of drive through vehicles,
turning movements, roadway capacity and level of service of
nearby street intersections.
[31 Drive - through lanes shall be clearly defined by pavement
markings and directional signage.
[41 Ingress, egress and stacking spaces shall not adversely affect.
a. The safe use of the required fire lanes, parking spaces
and their required drive lanes.
Note: Language in bold italics is new language to be added;
Language vAth line a...,.,r., dffeugh is old language to be deleted.
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b. Vehicular and non - vehicular traffic circulation and safety
both on site and on adjacent public right -of -ways.
C. Section 179 -7 -070, entitled "Main Street (MS)," subsection (F) "Architectural
design," subsection (3) "Fagade treatment and fenestration" is amended to delete subsection (1) as
follows:
(1) Drive difeugh . .dews are ..hib tea beyond 500 feet f,. the right e f
way fer- Inter-state 87.
Section 3. Severability — The invalidity of any clause, sentence, paragraph or
provision of this Local Law shall not invalidate any other clause, sentence, paragraph or part
thereof.
Section 4. Repealer — All Local Laws or Ordinances or parts of Local Laws or
Ordinances in conflict with any part of this Local Law are hereby repealed. In particular, this
Local Law is specifically intended to supersede the amended provisions of the current Town of
Queensbury Zoning Law.
Section 5. Effective Date — This Local Law shall take effect upon filing by the office of
the New York State Secretary of State or as otherwise provided by law.
Note: Language in bold italics is new language to be added;
Language is old language to be deleted.
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