210.91
RESOLUTION TO AMEND THE ZONING ORDINANCE IN CONJUNCTION WITH THE
CODIFICATION OF THE LAWS AND ORDINANCES OF THE TOWN OF QUEENSBURY
RESOLUTION NO. 210, 1991
Introduced by Mr. Ronald Montesi who moved
for its adoption, seconded by Mrs. Marilyn Potenza:
WHEREAS, the Town Board of the Town of Queensbury is desirous of
amending the Zoning Ordinance of the Town of Queensbury as part of
the codification of the laws and ordinances of the Town of
Queensbury, and
WHEREAS, such amendments are incorporated into the Code of the Town
of Queensbury and such Code will be adopted by Local Law of the
Town Board, and
WHEREAS, the Town Board of the Town of Queensbury may, from time to
time, pursuant to Section 265 of the Town Law of the State of New
York amend, supplement, change, modify or repeal the Zoning
Ordinance by Ordinance, and
WHEREAS, in order to so amend, supplement, change, modify or repeal
the Ordinance, it is necessary to hold a public hearing prior to
adopting said proposed amendment, and
WHEREAS, a Short Environmental Assessment Form has been presented
at this meeting and it would appear necessary to comply with the
State Environmental Quality Review Act and conduct an environmental
review of the proposed action, and
WHEREAS, it would appear that the action about to be undertaken by
the Town Board of the Town of Queensbury is an unlisted action,
NOW, THEREFORE, BE IT
RESOLVED, that a proposed ordinance setting forth amendments to the
Zoning Ordinance of the Town of Queensbury, as contained in the
Code of the Town of Queensbury, shall read as follows:
Ordinance No.__________
Amending the Town of Queenbury Zoning Ordinance
The Town Board of the Town of Queensbury does hereby order and
enact as follows:
(1) In Section 179-7B, Definitions (original Section 2.020)
(a) The definition of "buffer zone" is amended by deleting
from the end thereof the words "as approved by the
Queensbury Beautification Committee,"
(b) The definition of "Building Inspector" is amended to
read as follows:
"DIRECTOR OF BUILDING AND CODE ENFORCEMENT - An
individual empowered by the Town to administer the
provisions of these regulations, except as specified
otherwise herein."
(c) the definition of Class A Regional Project is amended
to read as follows:
"CLASS A REGIONAL PROJECT - A land use or development
which is classified and defined in Article VI and
Section 179-113 of this chapter and Section 810
Subdivision 1, of the APA Act; only applicable within
the Adirondack Park.
(d) The definition of "dock repair," dock replacement" and
lot front line" are amended by correcting the cross
reference therein to Section 7.010, now Section 179-60.
(e) The definition of "dock repair," dock replacement" and
"lot front line" are amended by correcting the cross
reference therein to Section 7.010, now Section 179-
60.
(f) The definition of "mobile home court" is amended by
changing the word "contiguous to "continuous."
(g) The definition of "plat, final," "plat, preliminary,"
"plat,sketch or sketch plan" and "required
improvements" are amended by changing the words "these
regulations"to "the Subdivision Regulation."
(h) The definitions of "regional subdivision, class A" and
"regional subdivision, class B" are amended by adding
thereto the words "of Chapter A183, Subdivision of
Land."
(2) Section 179-11 (original Section 4.010) is amended by adding
thereto the following districts:
Travel Corridor Overlay
Mobile Home Overlay
(3) Section 179-12C(4) (original Section 4.070d) is amended
by correcting the cross reference therein to Section
7.074, now Section 179.67.
(4) Section 179-15d(3)(b)(2) (original Section 4.020-c) is
amended by adding to item No. 2 under the Type II site
plan review uses the following words: "(NOTE: See
supplementary regulations, Section 179-64, for mining
extractions, minerals/gravel.)"
(5) Section 179-26A (orignal Section 4.020-n) is amended by
adding thereto the words "or LI-3A."
(6) Section 179-29C (original Section 4.043) is amended by
adding thereto the words "and Chapter 113, Mobile
Homes."
(7) Section 179-33 (orignal Section 5.030) is amended by
deleting the duplicated words "Class B regional
projects by the Adirondack Park Agency."
(8) Section 179-38D (orignial Section 5.070D) is amended by
correcting the cross refernce therein to Section 5.071,
now Section 179-39.
(9) Section 179-55B (1) (original Section 15.050b) is
amended by deleting the reference therein to Local Law
No. 5 of 1986 and replacing it with "Article I of
Chapter 124, Parks and Recreation Areas."
(10) Section 179-57E(1) (original Section 15.075a) is
amended by correcting the cross reference therein to
Section 15.040, now Section 179-54.
(11) Section 179-57(2)(a) (original Section 15.075b.1) is
amended by correcting the cross reference therein to
Section 15.080, now Section 179-58.
(12) Subsection F(1) and (2) of Section 179-58 (original
Section 15.086) are amended by changing the words
"Building Inspector" to "Director of Building and Code
Enforcement."
(13) Subsection B(1) (a)(4)(c) of Section 179-60 (original
Section 7.012A.1d.3) is amended by changing the words
"Zoning Officer" to "Zoning Administrator."
(14) Subsection B(1)(a){4}(d) of Section 179-60 (orignial
Section 7.012A.1d.4) is amended to read as follows:
"Will not violate the land clearing standards of this
chapter or the shoreline restrictions of the Adirondack
Park Agency in accordance with the following: . . . .".
(15) Subsection B(1)(c) of Section 179-60 (original Section
7.012A.3) is amended by adding thereto the words "LI-
3A."
(16) Subsection B(1)(d) of Section 179-60 (original Section
7.012A.4) is amended by adding thereto the words "SFR-
20" and by changing the words "SR-20" to "SR-1A."
(17) Section 179-60B(2) (original Section 7.012B) is amended
by delteting therefrom the words "(See separate
schedule)."
(18) Section 179-60B(3) (e) (3) (original Section 7.012C.5c)
is amended by changing the words "Zoning Officer" to
"Zoning Administrator."
(19) Subsection B of Section 179-61 {original Section
7.020B} is amended by correcting the cross refernce
therein to Section 4.020, now Article IV.
(20) Subsection D of Section 179-61 {original Section
7.020D} is amended by correcting the cross reference
therein to Section 7.012, now Section 179-60S.
(21) Section 179-65B {orignial Section 7.062} is amended by
correcting the cross reference therein to Section
7.063, now Subsection C.
(22) Section 179-67A(1) {original Section 7.074A.1} is
amended by changing the words "LR-3A" to "WR-3A."
(23) Subsection B(5) of Section 179-67 {orignial Section
7.074A.5e} is amended by adding thereto a reference to
Section 2.020(142), noe the definition of "landscaping"
in Section 179-7.
(24) Section 179-69 {original Section 7.076} is amneded by
adding thereto the words "Unifrom Fire Prevention and."
(25) Section 179-73B {original Section 7.080B} is amended by
changing the words "Building Inspector" to "Director of
Building and Code Enforcement."
(26) Section 179-74D {original Section 7.093} is amended by
changing the words "Zoning Officer" to "Zoning
Administrator."
(27) Section 179-104 {original Section 12.070} is amended by
changing the words "Zoning Administrator" to "Director
of Building and Code Enforcement."
(28) Section 179-105A {original Section 12.071} and Section
179-106 {orignial Sections 12.080 and 12.081} are
amended by changing the words "Zoning Administrator" to
"Director of Building and Code Enforcement."
(29) Section 179-107 {original Section 12.090} is amended by
correcting the cross reference therein to Article 6,
now Article VI instead of Article 10.
(30) Section 179-113 {original first paragraph of Appendix
A} is amended by changing the words "Section 6.070 of
the Adirondack Park Agency Act" to "Section 810,
Subdivision 1, of the Executive Law."
(31) Section 179-114 C(14) {original Appendix B C.(14)} is
amended by correcting the reference to be to Appendix A
to Subsection D(1) (d) of Appendix A, now Section 179-
113.
(32) Section 179-114 D. (9) {original Appendix B D.(9)} is
amended by correcting the reference to be to Appendix
A. subparagraph E(1) (d), now 179-113.
(33) Section 179-114 F {original Appendix B F.} is amended
to delete the words local law and Village from the
paragraph.
(34) Section 179-88 A. {original - 10.040. A.} is amended to
correct the reference to Section 4.030 to 4.020 of the
Zoning Ordinance, the same to be the new Article VI.
(35) Section 179-16 {original 4.020-d} is amended to correct
the reference to Section 7.011 to 7.010, the same now
referenced to as Section 179-60.
(36) Section 179-95 {former 11.030 of the Town of Queensbury
Ordinance} is amended to delete the current language
and add a new provision reading as follows:
"This zoning ordinance be amended by ordinance or
local law in the manner provided for by the Town
Law or the Municipal Home Rule Law of the State of
New York."
(37) The amendments as hereinbeforee set forth shall be set
forth in the Code. It shall not be necessary for this
ordinance to be published separately within the Code.
BE IT FURTHER,
RESOLVED, that the Town Board of the Town of Queensbury hereby
indicates that it would desire to be the lead agency in connection
with any reviews necessary pursuant to the State Environmental
Qulaity Review Act, and hereby approves of Part I of the Short
Environmental Assessment form as completed and presented to this
meeting, hereby adopts the same and authorizes the Town Supervisor
to execute the same on behalf of the Town Board, and
BE IT FURTHER
RESOLVED, that the Town Board of the Town of Queensbury shall hold
a public hearing, at which time all parties in interest and
citizens shall have an opportunity to be heard, upon and in
reference to the proposed amendment, supplement, change and/or
modification to the Town of Queensbury Zoning Ordinance, and
BE IT FURTHER
RESOLVED, that said public hearing shall be held on May 6th, 1991
at 7:00 p.m., in the Queensbury Activities Center, 531 Bay Road,
Queensbury, Warren County, New York, and
BE IT FURTHER
RESOLVED, that the Town Clerk of the Town of Queensbury is hereby
authorized and directed to give 10 days notice of said public
hearing by publishing a notice in a form substantially similar to
that presented at this meeting and in a form approved by the Town
Attorney for purposes of publication in an official newspaper of
the Town and by posting on the Town bulletin board outside the
Clerk's Office said notice, and
BE IT FURTHER,
RESOLVED, that the Town Clerk of the Town of Queensbury is hereby
authorized and directed to give written notice of the propsoed
amendment to the Zoning Ordinance of the Town of Queensbury, a copy
of the Environmental Assessment Form and a copy of this resolution
to the following: Warren County, by service upon the Clerk of the
Board of Superviosors, the Adirondack Park Agency, and such other
communities or agencies that it is necessary to give written notice
to pursuant to Section 264 or 265 of the Town Law of the State of
New York, the zoning ordinances of the Town of Queensbury and the
Laws of the State of New York.
Duly adopted this 4th day of April, 1991, by the following vote:
Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr.
Borgos
Noes: None
Absent:None