1967
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ZONING ORDINANCE OF THE TOWN OF QUEENS BURY
Be it enacted and ordained by the Town Board of the Town
of Queensbury, Warren County, New York, as follows:
ARTICLE 1
SHORT TITLE AND PURPOSES
Section 1.100
SHORT TITLE
This ordinance shall be knowned and cited as the
IITown of Queensbury Zoning Ordinance."
Section 1.200
GENERAL INTENT
The intent of this ordinance is to establish com-
prehensive controls for the development of land in
the Town of Queensbury, based on the Master Plan
for the Town and enacted in order to promote and
protect health, safety, comfort, convenience and
general welfare of the people.
Section 1.300
PURPOSE
Such regulations shall be made in accordance with
the Master Plan and designed to lessen congestion
in the streets, to secure safety from fires, flood,
panic and other dangers; to promote health and gen
eral welfare; to provide adequate light and air;
to prevent overcrowding of land; to avoid undue
concentration of the public, to facilitate the pro
visions of transportation, water, sewage, schools,
parks and other public requirements. Such regula-
tions shall be made with reasonable consideration,
among other things, to the characteristics of the
district and the requirements of particular uses
and with a view to conserving the value of bui1din s
and encouraging the most appropriate use of land
throughout the Town.
ARTICLE 2
ESTABLISHMENT AND DESIGNATION OF DISTRICTS
Section 2.100
ESTABLISHMENT OF DISTRICTS
For the purposes of promoting the public health,
safety, morals and general welfare of the Town of
Queensbury, the Town is hereby divided into the
following types of districts:
R-l Residential District
R-2 Residential District
R-3 Residential District
R-4 Residential District
R-5 Garden Apartment District
.C-l Commercial District
C-2 Commercial District
C-3 Commercial District
M-l Light Industrial District
M-2 General Industrial District
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Section 2.200
Section 2.300
Section 2.400
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ZONING MAP
Said districts are bounded as shown on the map en-
titled "Zoning Map of the Town of Queensbury,"
adopted July ,1967, and certified by the Town
Clerk which accompanies and which, with all explan
atory matter thereon, is hereby made a part of thi
ordinance.
INTERPRETATION OF DISTRICT BOUNDARIES
Where uncertainty exists with respect to the bound
aries of any of the aforesaid districts as shown 0
the Zoning Map, the following rules shall apply:
a. Where district boundaries are so indicated that
they approximately follow the lot lines, such
lot lines shall be construed to be said bound-
aries.
b. Where district boundaries are so indicated that
they are approximately parallel to the right-of
way lines of streets, or the right-of-way of hi h-
ways, such district boundaries shall be con-
strued as being parallel thereto and at such
distance therefrom as indicated on the zoning
map if no distance is given, such dimension
shall be determined by the use of the scale
shown on said zoning map.
c. Where the boundary of a district follows a stre m,
lake or other body of water, said boundary line!
shall be deemed to be at the limit of the juris
diction of the Town of Queensbury, unless other
wise indicated.
APPLICATION OF REGULATIONS
Except as hereinafter provided:
a. No building or land shall hereafter be used or c-
cupied and no building or part thereof shall be
erected, moved, or altered unless in conformity
with the regulations herein specified for the
district in which it is located.
b. No building shall hereafter be erected or alter d:
1. To exceed the height,
2. To accommodate or house a greater number of
families.
3. To occupy a greater percentage of lot area,o
4. To have narrower or smaller rear yards, fron
yards, side yards, inner or outer courts tha
is specified herein for the district in whic
such building is located.
c. No part of a yard or other open space about any
building required for the purpose of complying
with the provisions pf this ordinance shall be
in~luded is a part of a yard or other open spac
similarly required for another building.
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Section 3.100
Section 3.200
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ARTICLE 3
DEFINITIONS
FOLLOWING DEFINITIONS SHALL BE USED
Unless the context otherwise requires, the follow-
ing definitions shall be used in the interpretatio
and administration of the ordinance: words used in
the present tense shall include the future tense;
the singular number shall include the plural, and
the plural the singular; the word "building" shall
include the word "structure" and any portion of
the building or structure; the word "used" shall
include "arranged", "designed,1I "constructed,"
"altered", "converted," "rented," "leased," or
"intended to be used;" and the word "shall" means
mandatory and not directory; the word "abut" shall
include the words "directly across from."
DEFINITIONS
3.201 Accessory Us~ or Structure. A use or structu e
subordinate to the principal use of a build-
ing on the same lot and serving a purpose
cust~marily incidental to the use of the pri -
c i pal b u 11 d.i n 9 .
3.202 ~. . A public or private way not more than
~fjet wide affording only secondary means
of access to abutting property.
3.203 of Buildin or Structure). Any
cnange n t e structura members 0 a build-
ing, such as walls, columns, beams or girder.
3.204 Automobile or Mobile Home Sales. An open are,
other than a street, used for the display,
s~le or rental of new or used motor vehicles
or mobile homes in operable condition and
where no repair work .is done.
3.205 Automobile Service Station or Fillin
A building or pace 0 business where e,
oil and greases, batteries, tires and auto-
mobile accessories are supplied and dispense
directly to the motor vehicle trade at retai .
3.206 Automobile Wrecking. The dismantling or dis-
assembling of used motor vehicles or mobile
homes; or the storage, sale or dumping of
dismantled, partially dismantled, obsolete 0
wrecked vehicles or their parts.
3.207 Basement. A story whose floor is more than 1
inches, but not more than half of its story
height, below the average level of the ad-
joining ground (as distinguished from a
II cell a r II w h 1 chi s a s to r y more than one - h a 1 f
below such level). Any portion of a basemen,
when used as a dwelling, shall be counted as
a story for purposes of height and measureme ts
3.208 Beginning of Construction. The start of the
incorporation of labor and material within
the floor and walls of the building or build
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3.209 ~oard of Appeals. The Zoning Board of
, Of the Town of Queensbury.
3.210 Bui1dinS' Any structure having a roof sup-
ported y columns or walls used for shelter
enclosure.
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Build1n9 Grou~. Any building, such as a stor
age' group, WhlCh is divided into separate
parts by Qne or more unpierced walls, extend
109 from the ground up.
Building Height. The vertical distance measu -
e.dfrom the average level of the highest and
lowest portion of the building site covered
by the building, to the ridge of the house.
Building Line. A line formed by the intersec -
lngOf.a horizontal plane at average grade
level and a vertical plane that coincides
with the exterior surface of the building on
anysi4e. In case of a cantilevered section
of a building, the vertical plane will coin-
ctde with the most projected surface. All
yard requirements are measured to the buildi g
line.
3.217 Bui1dfng, Principal. A building which contai s
the principal use of the building site on
whiCh it is situated.
3.211
3.212
3.213
3.214
3.215
3 . 216
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Building Area. The total of areas of outside di-
mensions on a horizontal plane at the main
grade level of the principal building and
'all qccessory buildings; exclusive of unroof d
porches, paved terraces and steps attached 0
connected to the building.
6ui1 dt"a Coverage, Per Cent Of. The per cent
of but1 ing coverage of any lot shall be equ 1
to lOG times the ratio of the total ground
floor area of all principal and accessory
buildings or structures located on any lot
(incl&ding covered breezeways and porches,
but e*~Juding open patios) divided by the
total,lat area on which such buildings or
structures are located.
Buildin~ Farm. Any structure, other than a
dwelling, that is accessory toa normal farm
activity, including buildings used for the
storage of farm machinery, produce, animals,
supplies, feQd~ tools and other farm imple-
ments; and provided that such building is
10cat,d on, operated in conjunction with and
necessary to the operation of a farm as de-
fined.in this Article.
3.218 Calendar Month. A calendar month or any part
ofa ~~lendar month.
3.219 C~mp.Any one or more of the following, othe
tan a hospital, place of detention or schoo
off~ring general instruction.
If
3.220
3.221
3.222
3.223
Type 1.
Any area of land or water on which a e
located two or more cabins, tents,
trailers, shelters, houseboats or ot er
accommodations of a design or char=
acter suitable for season or other
more or less temporary living purpos s,
regardless of whether such structure
or other accommodations actually are
occupied seasonally or otherwise; or
Any land, including any building the e-
on, used for any assembly of persons
for what is commonly known as "day
camp" purposes; and any of the fore-
going establishments whether or not
conducted for profit and whether or ot
occupied by adults or by children,
either as individuals, families or
groups.
Cam~ing Ground. A parcel of land used or in-
ten ed to be used, let or rented for occup-
ancy by campers or for occupancy by or for
trailers, tents or movable or temporary
dwellings, rooms or sleeping quarters of any
kind.
Type 2.
Cellar. A story partly underground and havin
more than one-half of its clear height below
the average level of the adjoining ground.
(measured from floor to ceiling inside)
Certificate of Occupancy. A statement signed
by the Zoning Inspector setting forth either
that a building or structure complies with
the provisions of this ordinance, or that a
building, structure or parcel of land may
lawfully be employed for specified uses, or
both.
District. A portion of the territory of the
Town of Queensbury within which certain uni-
form regulations and requirements, or variou
combinations thereof, apply under the pro-
visions of this ordinance.
Dum ~. A lot 0 r 1 and 0 r par t the reo f use d P r..i
mar ly for the d1sposalby abandonment, dump
ing, burial, burning or any other means and
for whatever purpose, of garbage, sewage,
trash, refuse, junk, discarded machinery,
vehicles or parts thereof, or waste material
of any kind.
3.225 Dwelling. Any building or portion thereof de
signed or used exclusively as the residence
or sleeping place for one or more persons,
except as provided herein:
3.224
a. Dwelling, Single-Family- A detached build
ing, deslgned for only one family, contai
ing one dwelling unit.
b. Dwelling, Two-Family- A detached or semi-
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3.226
3.227
3.228
3.229
3.230
3.231
3.232
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detached building where not more than two
individual family or dwelling units are
entirely separated by vertical walls or
horizontal floors, unpierced except for a -
cess to the outside or to a common cellar
c. Dwelling, Multi-Family- A building used 0
designea as a residence for three or more
apartment or dwelling units, including
garden apartments and row houses.
Dwelling, Seasonal. A detached one-family
dWelling not used for permanent residence an
not occupied for more than six (6) months
in each year.
Dwelling Structure. Any structure containing
one or more rooms providing sleeping and
sanitary facilities not including a hotel,
hospital, nursing home, dormitory, fraternit ,
or sorority house, rooming house, boarding
house or similar structure.
Dwelling Unit. One or more rooms, including
a kitchen or kitchenette and sanitary facili
ties, in a dwelling structure, designed as a
unit for occupancy by not more than one fami y.
Family. An individual, or two or more person
related by blood or marriage, or a group of
not more than five persons (excluding ser-
vants) who are not related by blood or marri
age, living together as a single housekeepin
unit in a dwelling unit.
Farm. Any parcel or land containing at least
ren-(10) acres which is used for the raising
of agricultural products, livestock, poultry
and dairy products.
Floor Area. For the purposes of applying the
requirements for off-street parking and
loading, "floor area", in the case of office,
retail or service types of uses, shall mean
the gross floor area used or intended to be
used by tenants, or for service tothe public
as customers, patrons, clients or patients,
including areas occupied by fixtures and
equipment used for display or sales of mer-
chandise. It shall not include areas used
principally for non-public purposes such as
storage, incidental repair, processing or pa k-
aging of merchandise for shop windows, for
offices incidental to th~ management or main
tenance of stores or buildings, for toilet
or rest rooms, for utilities or for dressing
rooms, fitting or alteration rooms.
Garaae, Private Parking. A detached accessor
buil ing used only for the storage of auto-
mobiles by the families resident upon the
premises; and provided that, except on farms,
such garage shall not be used for the storag
of more than one (1) commercial vehicle of
greater than one and one-half (1-1/2) ton
rated capacity per family resident upon the
premises.
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3.233
3.234
3.235
Garage, Public Parking. A structure other th n
a private garage used for the storage, sale,
hire, care, repair or refinishing of auto-
mobiles.
Home Occupation. An accessory use of a servi e
character conducted entirely within a dwelli g,
provided that no article is sold or offered or
sale, except as may be produced by only mem-
bers of the immediate family residing on the
premises, and which use is clearly incidenta
to the use of dwelling for dwelling purposes
and does not change the character thereof an
which in no way shall adversely affect the
safe and comfortable enjoyment of property
rights of the zone in which it is located.
Hotel or Lod~e. A building designed for oc-
cupancy as t e temporary residence of indivi -
uals who are lodged with or without meals.
No cooking is provided in any individual roo
or suites.
3.236 Junk Yard. An area of land, with or without
buildings, primarily used for the storage
outside of a completely enclosed building, 0
used and discarded materials, including but
not limited to waste paper, rags, metal,
building materials, house furnishings, mach-
inery, vehicles or parts thereof, including
junk as defined in this Article, with or
without the dismantling, processing, salvage
sale or other use or disposition of the same~
The deposit or storage of two or more wrecke
or broken motor vehicle, or the major parts
of two or more such vehicles shall be deemed
to make the lot a Ujunk" yard.
Junk. Junk includes scrap metals and their
iTTOys, bones, used materials and products
(such as rags and cloth, rubber, rope, tin-
foil, bottles, old tools and machinery, fix-
tures and appliances, lumber, boxes or crate,
pipe and pipe fittings), and other manufact-
ured goods that are so worn, deteriorated or
obsolete as to make them unusable in their
existing condition, but are subject to being
dismantled.
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3.238
3.239
h!r]e Scale Business Development. A tract of
Tina not less than five (5) acres for non-
.residential development, and which is planne
for development in units under single owner-
ship and/or control and which includes two 0
more non-residential principal buildings.
h.!!:.9 e S c ale I n d u s t ria 1 De vel 0) men t. A t r.a c t
~land not less than ten (10 acres for non
residential development, and which is planne
for development in units under single owner-
ship and/or control and which include two or
more nonresidential principal buildings.
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3.240 Lot or Zone Lot. A piece or parcel of land 0 -
cupied by a principal building or a group of
such buildings or utilized for a principal
use accessory or incidental to the operation
It includes open spaces as required by this
ordinance, and has frontage on a public stre t.
The lot lines are the property lines boundin
the lot.
a. Lot, Corner. A lot abutting upon the inte -
section of two or more streets which form
an interior angle of less than 135 degree.
The point of intersection of the street 1 t
lines is the "corner."
b. Lot, Depth. The mean horizontal distance
between the front and rear lot lines.
c. Lot Lines.
(1) Lot Line, Front. The line separating
the lot from the boundary of the high
way or right-of-way upon which the 10
abuts.
(2) Lot Line, Rear. The lot line opposite
and most distant from the front lot
1 i ne .
(3) Lot Line, Side. Any lot line other th n
a front or rear lot line. A side lot
line separating a lot from a street
is called a side street lot line.
(4) Lot Line, Street or Alley. A lot line
separating the lot from a street or
alley.
d. Lot Width. The mean width of the lot meas
ured at right angles to its depth.
e. Lot Area. The computed area contained
within the lot lines.
3.241 Mobile Home. Any vehicle or combination ther -
of. used, designed for use, or capable of
being used as sleeping or living quarters,
either propelled by its own power or the
power of another vehicle to which it may be
attached, or any such vehicle after the whee s
are removed. Any addition to such mobile hom s
shall, for the purposes of this ordinance, b
deemed to be a part of such mobile home.
3.242 Mobile Home Court. A parcel of land planned
and improved for the placement of three or
more mobile homes for continuous occupancy.
3.243 Mobile Home Lot. A designated site within a
mobile home court for the exclusive use of
the occupants of a single mobile home.
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3.244
3.245
3.246
3.247
Motels, Motor Courts and Motor Hotels. A ser
ies of dwelling structures, for rental purpo es
where each unit has convenient access to
parking space for the unit's occupants. The
units, with the exception of the manager or
caretaker, are designed to provide sleeping
accommodations for automobile transients.
Nonconforming Lot. A zone lot in single owne -
ship adjacent on all sides to properties in
different ownership, which does not conform
with the minimum dimensions specified for th
district or for the use contained upon the
lot.
Nonconforming Use. A building, structure or
premises legally existing and/or used at the
time of adoption of this ordinance, which
does not conform with the use regulations of
the district in which it is located.
Office BUildin}. A building comprised of mor
than fifty (50 per cent of offices, as com-
pared with home occupations where offices ar
considered as a secondary or incidental use.
3.248 Parking Area, Private. An open area for all he
same uses as a private parking garage, and
subject to the same conditions.
3.249 Parking Area, Public. An open area, other th n
a street or other public way, used for the
parking of automobiles,and available to the
public.
3.250 Permitted Use. Any use requiring no special
action by the Board of Appeals or the Planni g
Board before a zoning permit is granted by
the Zoning Inspector, subject to all other
applicable provisions of this ordinance.
3.251 Planning Board. The Town Planning Board of
the Town of Queensbury.
3.252 Residential Street. A street connecting two
parallel streets upon which an R District
abuts, or where 50 per cent or more of the
abutting street frontage is in predominantly
residential use.
3.253 Right-of-Way. The parcel of land in public
ownership open to the public for vehicular
or pedestrian access.
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3.254
~. A "SignU is a name, identification, de -
crrption, display, or illustration which is
affixed to, or painted, or represented dir-
ectly or indirectly upon a building, structure,
or piece of land and which directs attention
to an object, product, place, activity, per-
son, institution, organization or business.
3.255 ~n, Flashing. An illuminated sign which re-
VOlves, or has alternating light or color
while in use.
3.256 Special Exception Use. A Special Exception U e
is a use which because of its unique char-
acteristics requires individual consideratio
in each case by the Board of Appeals and the
Planning Board before it may be permitted in
the district enumerated in the Schedule of
Regulations.
3.257 Story. The portion of a building included be -
ween the surfaces of any floor and the floor
above it. If there is not a floor above it,
then the space between the floor and the cei -
ing next above it.
a. Story, Half - a partial story under a gab e.
hip or gambrel roof, the wall plates of
which on at least two opposite exterior
walls are not more than four feet above
the floor of such story.
Any partial story used for residence pur-
poses, other than for a janitor and his
family, shall be deemed a full story.
b. Story First - The lowest story or the
ground story of any building, the floor 0
which is not more than 12 inches below th
average contact ground level at the exter
ior walls of the building. Any basement 0
cellar used for residence purposes other
than for a janitor'or caretaker or his
family, shall be deemed the first story.
3.258 Street. A public way which affords the prin-
cipal means of access to abutting property,
including avenue, place, way, drive, lane,
boulevard, highway, road and any other thor-
oughfare except an alley.
3.259 Structure. Anything constructed which requ1r s
a permanent location on the ground, or an
attachment thereto. It includes stationary
and portable car ports.
3.260 Town Board. The governing body of the Town 0
Queensbury.
3.261 Yard. An open space of uniform width and
dePth, lying between a building or group of
buildings, on the same lot and the nearest
lot line. It is unoccupied and unobstructed
from the ground upward except as otherwise
permitted. .
a. Yard, Front - An open space extending the
full width of the lot between a building
and the front lot line.
b. Yard, Rear - An open space extending the
full width of the lot between a building
and the rear lot line.
c. Yardl Side - An open space extending from
the ront yard to the rear yard between a
building and the nearest side lot line.
3.262 Zoning Ins~ector. The administrative officia
charged wi h the duty of enforcing the provi
ions of this ordinance.
ARTICLE 4
DISTRICT REGULATIONS
Section 4.100 SCHEDULE OF REGULATIONS
Ten districts are hereby established in this Zoning
Ordinance for the Town of Queensbury. Within these
districts, no premise, lot, bui1dtng or structure
shall be used, and no building or structure shall be
erected or altered to be used in whole or in part
unless it complies with the following regulations,
and with the Schedule of Regulations attached to the
back of this ordinance.
Section 4.200 REGULATIONS GOVERNING SPECIAL USES IN THE VARIOUS
DISTRICTS
Special Uses, as enumerated in the Schedule of Regul -
tions, shall be permitted only upon authorization by
the Board of Appeals pursuant to the review by the
Planning Board, provided that such uses shall be fou d
by the Board of Appeals to comply with the following
requirements or other applicable requirements as set
forth in this ordinance.
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A Special Use shall not cause substantial injury to
the value of other property where it is to be locate
shall be compatible with adjoining development; shal
provide adequate landscaping and screening; shall
provide off-street parking and loading so as to mini
mize interference with traffic on the local streets
and shall not jeopardize the public health, safety,
welfare and convenience.
The following regulations shall apply to Special Use
which are authorized by The Board of Appeals.
4.201 GYfding Principles and Standards.
a. The use should be one specifically enumerat d
as a Special Use in the district within whi h
such particular site is located.
b. For every Special Use, the Board of Appeals
shall make a specific finding, supported by
evidence produced at a public hearing in a
manner provided by law, that such use will
not be prejudicial to the character of the
area.
c. For every such Special Use, the Board of Ap
peals shall determine that there is approp-
riate provision for access facilities ade-
quate for the estimated traffic from public
streets and pedestrian walkways so as to
insure public safety and to avoid traffic
congestion.
d. For every Special Use, the Board of Appeals
shall determine that there are fully adequa e
parking areas and off-street loading spaces
in conformity with the proposed parking re-
quirements of this ordinance and all other
related ordinances.
e. For every Special Use, the Board of Appeals
shall require suitable planting or screenin .
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f. Such Special Uses including planned commerc al
and industrial development groups which wou d
permit two or more principal structures on he
same district lot shall be arranged so as t
permit diversification in the location of
buildings and to improve circulation facilit-
ies and other site qualities while maintaint
ing adequate standards for public health,
safety, welfare and convenience.
g. Such Special Uses shall be permitted by the
Board of Appeals only if they are of the sa e
general character as, or will not be injur-
ious to, the surrounding neighborhood or
district.
4.202 Re ulations Governin Certain S ecial Exce tio
Uses
a. Retail Uses in Industrial Zone. Such uses
shall be permitted only where the applicant
can prove to the Board of Appeals that such
use is necessary to serve primarily industr al
uses in the vicinity.
b. Facilities, Marin s
an oc s. ese uses s a con orm to t e
yard and lot requirements as established fo
other than residential uses in the respect-
ive district when occurring as a principal
use on a lot or within one hundred (100)
feet of the lot frontage. When occurring a
an auxiliary use to an already established
dwelling, such use need not observe said ya d
and lot requirements providing the followin
conditions are met:
1) The use can occur on the rear one-half 0
the lot without distracting from the re-
quirements of yard and lot area for a re
sidential structure.
2) No structure is nearer to any side lot
line than five (5) feet.
3) No structure is nearer to any existing
dwelling than fifty (50) feet.
4.203 R!gulatlons Governing Planned Large Scale De-
velopment Groups.
a. Under the standard provisions of this ordi-
nance a separate ground area, referred to i
the ordinance as a zone lot, must be design -
ted, provided and continuously maintained
for each structure or use. Pursuant to the
procedure hereinafter set forth, two or mor
such structures may be erected and maintain d
on the same zone lot. Also, several zone 10 s
may be combined into one special plan cover
ing a planned development group. The proced
ure is intended to permit diversification i
the location of structures and to improve
circulation facilities and other site qual-
ities while ensuring adequate standards re-
lating to public health, safety, welfare an
convenience in the use and occupancy of
buildings and facilities in planned groups.
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b. Standards for Reviewing Planned Large Scale
Dev~ment Groups.
In reviewing all applications for large-scale
developments, which require some deviation r
from the strict application of this ordinance,
the Board of Appeals and the Planning Boardl
shall consider the general development planl
of the proposed project. The development I
plan shall show the proposed use or uses, i
dimensions and locations of proposed structt
ures and areas to be reserved for vehicular
and pedestrian circulation, parking, public
uses such as schools and playgrounds, land-
scaping, and other open spaces. Both Boards
shall review architectural drawings, and
sketches demonstrating the design and char-
acter of the proposed uses and the physical
relationship of the uses, and such other
pertinent information as may be necessary t
a determination that the contemplated arran e-
ment or use makes it desirable to deviate f om
the requirements of this ordinance. The
Board of Appeals and the Planning Board sha 1
review such plans to determine that the fol
lowing is provided for:
1) Standards for Reviewing Planned Large
Scale Residential Development Groups.
Development standards for planned resid-
ential development groups are presented
in Section 6.900 in which standards for
both planned residential development
groups and multiple-family dwelling is
presented.
2)
(a) Exterior walls of opposite buildings
shall be located no closer than a di ·
tance equal to the height of the tal er
buildtng.
(b) A building group may not be so arran ed
that any permanently or temporarily
occupied building is inaccessible to
emergency vehicles.
3) Circulation
(a) There shall be an adequate, safe and
convenient arrangement of pedestrian
circulation facilities, roadways,dri e-
ways, off-street parking and loading
space.
(b) There shall be an adequate amount, i
a suitable location,of pedestriaa wa ks
malls and landscaped spaces to preve t
pedestrian use of vehicular ways and
parking spaces and to separate pedes
trian walks, malls and public trans-
portation loading places from genera
vehicular circulation facilities.
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(c) Buildings and vehicular circula-.
tion open spaces shall be arrangtd
so that pedestrians moving betwe n
buildings are not unnecessarily
exposed to vehicular traffic. I
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4) Paving and Drainale. There shall be I
adequate design 0 grades, paving, I
gutters, drainage and treatment of ,
turf to handle storm waters, preventj
erosion and formation of dust. I
5) Signs and Lilhting. Signs and 1ighti 9
devices shal be properly arranged
with respect to traffic control de-
vices and shielded away from adjacen
residential districts.
6) Justification for Exception. Except-
ions which may be required from the
strict application of this ordinance
shall be solely for the purpose of
promoting an integrated site plan no
less beneficial to the residents or
occupants of such development as wel
as of neighboring properties than
would be obtained under the normal r -
quirements of this ordinance.
4.204 Regulations Governing Certain Amusement
Uses
a. CGuntry Club
(1) In R District where permitted, n
building shall be located within
fifty (50) feet of any property
line.
(2) In R Districts where permitted,
there may be included retail sal s
for guests only.
(3) Unenclosed recreational faciliti s
shall be located not less than
fifty (50) feet from any propert
line except where greater distan es
are otherwise required herein an
shall be effectively screened fr m
obtaining dwelling uses.
(4) Illuminated signs and other ligh s
shall be directed away, or shiel -
ed from adjoining residential
properties in such a way as not
to disturb the occupants thereof.
(5) No public address system shall b
used except by securing a permit
from Zoning Officer prior to use
and no permanent public address
system is permitted except where
such system will not be audible
at any property line.
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b. Outdoor Recreation Facilities
(b) May be erected only in the
rear yard of such structure
and shall be distant not les
than 20 feet from the front
and rear lot lines nor less
than 10 feet from any side
yard, principal structure or
accessory structure attached
thereto.
(c) Such use shall be landscaped
(d) Such use shall not adversely
affect the character of any
residential neighborhood.
(e) All private swimming pools
shall be enclosed by a perma
ent fence of durable materia
at least four (4) feet in
height.
4.205 Regulations Governing Certain Community
Facility Uses.
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Such uses shall lnclude qolf cour-
ses, ice-skating rinks, swimmingi
pools, tennis courts and ski i
slopes. :
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Except as otherwise provided her~in,
such uses shall be in accordancel
with subsection 4.204a above. '
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Private swimming pools, permanent
and portable, which shall be aC-1
cessory to a principal, noncomme -
cial dwelling use shall be regul -
ted as follows: except that thes
regulations shall not apply to
portable swimming pools which
shall be not more than three fee
in height nor more than 15 feet n
length.
(a) May be erected only on the
same zone lot as the princip~
al structure.
( 2 )
( 3 )
Social
anizatio s
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All buildings shall be a minimum
of twenty (20) feet from any pro
perty line, except where greater
distances are otherwise required
herein.
(2) In R Districts where permitted,
there may be included retail sal s
for guests only.
(1)
3) All applications for such uses in
R-Districts shall demonstrate to
the satisfaction of the Board of
Appeals that the proposed use wi1
serve primarily the residents of he
surrounding neighborhood and that
said use cannot satisfactorily be
located elsewhere to serve said
neighborhood.
b. Essential Services, Enclosed or Perm n~E
ent tructures
1) Public Utility Services. Such use
shall include electric substation,
transformers, switches, and auxil
iary apparatus serving a distribu -
ion area, and water pumping stati n
in R-Districts and shall be subje t
to the following regulations:
(a) Such facility shall not be 10 a-
ted on a residential street
(unless no other site is avai -
able), and shall be so locate
as to draw a minimum of vehi-
cular traffic to and through
such streets.
(b) Location, design and operatio
of such facility may not ad-
versely affect the character f
the surrounding residential
area.
(c) Adequate fences, barriers and
other safety devices shall be
provided, and shall be land-
scaped.
c. Essential Services, Open
Such uses shall be limited to the
erection, construction, alteration,
or maintenance, by public utilities
or municipal or other governmental
agencies, of underground or overhead
gas, electrical, steam or water tran -
mission or distribution systems, col
lection, communication, supply or
disposal systems, including poles,
wires, mains, drains, sewers, pipes,
conduits, cables, fire alarm boxes,
police call boxes, traffic signals,
hydrants, and other similar equipmen
and accessories in connection there-
with reasonably necessary for the
furnishing of adequate service by su h
public utilities or municipal or oth r
governmental agencies or for the pub-
lic health or safety or general wel-
fare, but not including buildings.
Where applicable, area shall be ade-
quately landscaped.
d.
Such uses shall be situated on a one
lot of not less than the minimum ot
size required in the district, ex
cept where a greater area is othe -
wise required herein and shall be
landscaped.
ARTICLE 5
SUPPLEMENTARY LOT, HEIGHT AND YARD REGULATIONS
5.101
Section 5.100 LOT REGULATIONS
5.102
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Lot Frontage. The minimum lot frontage of any
lot shall be measured along the road right-of-
way, but in no instance shall the frontage be
less than that required for the district at th
front building line, except on cul de sac road
where the frontage shall be measured at the
front building lines.
Corner Lots. At all street intersections, no 0 -
struction to vision (other than an existing
building, post, column or tree) exceeding 30
inches in height above the established grade 0
the street at the property line shall be erect d
or maintained on any lot within the triangle
formed by the street lot lines of such lot and
a line drawn between points along such street
lot lines 50 feet distant from their point of
intersection.
5.103 Required Area or Space Cannot be Reduced. The
area or dimension of any lot, yard, parking
area or other space shall not be reduced to
less than the minimum required by this ordinan e;
and, if already less than the minimum required
by this ordinance, said area or dimension may
be continued and shall not be further reduced.
5.104
a. Minimum Lot Size. Lots to be developed with
private water supply and sewage disposal
systems or private sewage disposal systems
may require larger lot sizes and lot widths
than are specified in the previous section
owing to unusual subsoil or geological con-
ditions found to exist on the particular 10
cation in question. In such cases. the min
imum lot area otherwise required shall be i -
creased where necessary to the extent requi -
ed to allow the proposed water and/or sewag
installation to operate effectively in orde
to protect the public health,safety and we1
fare. Detailed plans for such water and/or
sewage systems shall be submitted to the
Zoning Officer and approved by him before a
building permit shall be issued.
Section 5.200 HEIGHT REGULATIONS
5.201 General Application. No building or structure
shall have a greater number of stories or
greater number of feet than are permitted in
the district where such building is located.
5.202 Permitted Exceptions. Height limitations stip-
ulated elsewhere in this ordinance shall not
apply to open amusement uses, church spires,
belfries, cupolas and domes, monuments, water
towers, chimneys, smokestacks, flag poles, rad 0
and television towers, masts and aerials; or t
parapet walls, except that no parapet wall may
extend more than four (4) feet above the limit
ing limit of the particular district, or to
farm buildings or structures on farms, provide
these farm buildings are not less than forty
(40) feet from every lot line.
Section 5.300 YARD REGULATIONS
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5.301 Side Yard of Corner Lot. Any corner lot delin-
eated by subdivision after the adoption of thi
ordinance shall provide a side street setback
line which shall not be less than the minimum
front yard required on any adjoining lot front
ing on the side street.
5.302 Projections into Required Yards. Certain archi
tectural features may project into required
yards, as follows:
a. Cornices, canopies, eaves or other similar
architectural features may project into sid
yards; not exceeding 5 feet.
b. Fire escapes may project into side and rear
yards a distance not exceeding four (4) fee.
c. Bay windows, balconies, fire places, uncove -
ed stairways and necessary landings, and
chimneys.
d. Terraces and open porches may be located in
side and rear yards; not exceeding 5 feet.
Additional Yards ReAuired Where C and MUses
Abut R Districts. 11 uses permitted in C or
M districts, which abut, at the lot line, or 0
the same street, an R District, shall provide
yards, where they abut, at least fifty (50) fe t
from the R-district zone boundary which it abu s.
5.303
5.304
Front Yard of Corner Lot. The front yard of an
corner lot shall be established on the wider 0
the two (2) streets abutting said lot, except
where the widths of the two (2) abutting stree s
are equal, then the front yard may be estab-
lished on either street.
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I'section 5.400 ACCESSORY STRUCTURES
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5.401 Minimum Yard Regulations
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a. Unattached Accessory Structures in R Dis-
tricts. Accessory structures, which are not
attached to a principal structure, may be
erected in accordance with the following re
strictions.
1) No accessory structure is located closer
than five (5) feet to the side and rear
lot lines.
2) No accessory structure is located closer
to the street than the required set back
line of the principal structure.
3) No accessory structure is located closer
to a principal structure than ten (10)
feet.
b. Attached Accessor Structures in R-District .
en an accessory structure lS attac e to
the principal building, it shall comply in
all respects with the requirements of this
ordinance applicable to the principal build
ings.
c. Accessory Structures in Other Districts. Ac
cessory structures shall comply with front
and side yard requirements for the principa
structure to which they are accessory, and
shall not be closer to any rear property
line than ten (10) feet.
5.500 MISCELLANEOUS REGULATIONS
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Existing Zone Lots of Record. In any R-Distric ,
only a single-family detached dwelling may be
erected on a nonconforming zone lot of officia
record at the effective date of this ordinance
irrespective of its area or width, the owner
of which does not own any adjoining property
which would create a conforming lot if all or
part of said property were combined with sub-
ject zone lot, provided, however, that no lot
or lots in single ownership shall hereafter be
reduced so as to create one (1) or more non-
conforming lots.
5.501
5.502
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Uses to be Enclosed. All C-l and M-l uses shal
~conducted wholly within a completely enclos d
building except for off-street parking and
loading facilities, new and used car lots, ser
vice stations, terminals, storage yards and
similar uses.
Unenclosed M-l Uses. All M-l uses which are no
conducted'wholly within a completely enclosed
building shall be not less than one hundred
(100) feet distant from any R District.
5.504 Minimum Habitable Dwelling Space.
a. one-Famil, Dwelling Structures. Each Dwelli g
unit shal provide a minimum floor area in
accordance with the Schedule of Regulations
b. Multi-Family Dwelling Structures. Each dwel -
ing structure shall provide a total habit-
able dwelling space of not less than 600
square feet per dwelling unit.
c. Habitable Dwelling Space, Measurement of.
Habitable dwelling space shall be measured
from the wall exteriors. Finished and heate
attic space with ceiling height of 7 feet 0
more and sloping to a height at the eaves 0
not less than 4 feet from the floor to the
underside of the rafters may be counted as
habitable dwelling space. The floor of a
basement or cellar, garage, porch or simila
part of or attachment to a dwelling shall
not be counted as habitable dwelling space.
5.505 Uses
a. Accessor Uses, Motor Vehicle Re
motor ve c e repa r s op s a e
permitted as an accessory use in a C-l Comm re"
cial District. In a C-2 Commercial District
a motor vehicle repair shop shall not be pe -
mitted as an accessory use unless the plans
for such accessory use shall have been sub-
mitted to the Board of Appeals and the ap-
proval of the Board obtained. The Board of
Appeals in passing upon the request of ap-
proval may consider the type of machinery
and equipment to be used and the methods of
operation to be employed.
b. Garages and Filling Stations. In a C-l,C-2
or C-3 District or in an M-l or M-2 Manufac -
uring District, plans for the erection or
structural alteration of any garage for mor
than five motor vehicles, or of a filling
station, shall be approved by the Board of
Appeals. Said Board may require such chang
therein in relation to yards, locations of
pumps and buildings and construction of
buildings to minimize traffic difficulties
and to safeguard adjacent properties.
c. Stripping of Top Soil. Except in the R-l Di -
trict, no person, firm or corporation shall
strip, excavate or otherwise remove top soi
for sale, or for use other than on the pre-
mises for which the same shall be taken ex-
cept in connection with the construction or
alteration of a building on such premises
and excavation or grading incidental theret .
d. Natural Production Uses. There may be permi -
ted in any district except R-3,R-4 and Comm r-
cial Districts, on approval of the Board of
Appeals as provided for in this ordinance,
the excavation and sale of sand, grave1,cla ,
shale or other natural miner deposit{except
top soil), or the quarrying of any kind of
rock formation subject to the following
conditions:
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5.506
5.507
(1) In the case of any open excavation there
shall be a substantial fence with suitable
gates completely enclosing the portion of
the property in which the excavation is 10
cated,and such fence shall be locate-d-.'at
all points 40 feet or more distant from th
edge of such excavation.
(2) The slope of the material in such sand,
gravel, or other pit shall not exceed the
normal angle of repose of such material,
and the plane of such angle of repose shal
notc~me near~r than 40 feet to any proper y
line.
(3) In the Case of a quarry or other excavatio
of rock, there shall be a substantial fenc ,
with suitable gates in all points distant
40 feet or more from the face of any quarr
walls.
(4) A plan for the manner in which the natural
resource is to be extracted shall be prepa ed
for the area of operation. This plan shall
indicate the method and staging of such an
operation so as .to permit the extraction t
occur in a logical manner and showing how
each stage is reclaimed after the completi n
of operation. A special use permit shall
be issued for only two stages of the opera
tion. At the termination of each stage it
shall be recl~imed as per the approved pla
and no new permit shall be issued until th
operator has complied with this provision.
(5) No excavation below the water table shall
be permitted.
e. Camps in Residence Districts. Temporary permit
for a camp for a period not exceeding one year
may be granted in any residence district on ap
proval of the Board of Appeals as provided for
in this ordinance, subject to the following:
All provisions of the sanitary code or suc
other regulations of the State Health Depa t-
ment pertaining to camps and the sanitary
facilities to be provided are complied wit.
Frontage Upon a Public Street. Every principal
building s"all be built upon a lot with front-
age upon a public street improved to meet the
standards of the community.
( 1 )
Lot for Ever, Reside~tial Buildin~. Every re-
sidential bu lding hereafter erec ed shall be
located on a lot as herein defined and there
shall be not more than. one residential bulldin
on one lot, except a$specifically permitted
elsewhere in the ordinance. If a piece of pro
perty contains more than one lot, each lot mus
meet the requirements of this ordinance.
ARTICLE 6
GENERAL REGULATIONS
Section 6.100 APPLICATION OF REGULATIONS
No building shall hereafter be erected and no existi 9
building shall be moved, structurally altered,added 0
or enlarged, or rebuilt, nor shall any land be desig _
ed, used or intended to be used for any purpose othe
than those included among the uses listed as permitt d
uses in each district by this ordinance and meeting
the requirements as set forth by the Schedule append d
hereto and constituting a part of this ordinance. No
shall any open space contiguous to any building be
encroached upon or reduced in any manner, except in
conformity to the yard, lot area, building location,
percentage of lot coverage, off-street parking space
and such other regulations designated in said Schedu e
and this ordinance for the district in which such
building or space is located. In the event of any
such unlawful encroachment or reduction, such buildi g
shall be deemed to be in vt61ation of the provisions
of this ordinance and the certificate of occupancy
for such building shall thereupon become null and
void.
Section 6.200 GENERAL REGULATIONS
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The provisions of this ordinance shall be subject to
such exceptions, additions or modifications as herei
provided by the following general supplementary
regulations.
6.201
Frontage Upon a Public Street. Every principal
building shall be built upon a lot with fronta e
upon a public street improved to meet the stan _
ards of the Town of Queensbury.
Lot for Ever~ Residential Building. Every resi _
ential buildlng hereafter erected shall be lo-
cated on a lot as herein defined and there sha
be not more than one residential building on
one lot, except as specifically permitted else
where in the ordinance. If more than one lot
is located on a piece of property, each lot
must meet the requirements of this ordinance.
Pro,ision of Yard or Other Open Space. No yar
or other open space provided about any buildin
for the purpose of complying with the provisio
of the ordinance shall be considered as provid
a yard or open space for any other building, a
no yard or other open space on another lot sha
be considered as providing a yard or open spac
for a building on any other lot.
Lot Frontage and Traffic Plan. Where a buildin
lot has frontage upon a street which on the
Traffic Plan or Official Map of the Town of
Queensbury is designated for right-of-way wide _
ing, the required front yard area shall be mea -
ured from such proposed future right-of-way
line.
6.202
6.203
6.204
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Section 6.300 RESIDENTIAL AND RESIDENCE-RELATED COMMERCIAL USES
6.301 Mote1s,Motor Courts,Motor Hotels and Similar Us s
a. Such uses shall have a minimum area for each
unit of occupancy of 200 square feet and sha 1
include a minimum of one (1) bedroom and a
shower or bathroom with toilet.
b. Such uses may include retail sales for guest
only.
c. Illuminated signs and other lights shall be
directed away from or shielded from adjoinin
residential properties in such a way as not 0
disturb the occupants thereof.
6.302 Seasonal Dwelling Units
Such uses in any R-District (lakefront) or (riv r-
front) shall be in accordance with subsection
6.301, except as hereinafter provided:
a. There shall be not more than one such unit 0
any single zone lot.
b. No seasonal dwelling structure shall be near r,
one to the other, than twenty-five (25) feet.
c. Each such unit shall contain a habitable
area of not less than four hundred (400)
square feet.
d. In addition to the rooms required in subsect'on
6.301 a, each unit shall include eating and
cooking facilities
Section 6.400 RETAIL USES
6.401 Bakeries. Bakeries first permitted in any C-2 0
C-3 District shall be located no closer to an
R-District than fifty (50) feet.
6.402 Retail Sales for Guests Only. Where such uses
permitted, the following shall apply:
a. There shall be no external evidence of any g in
ful activity, however incidental, nor any ac
cess to any space used for gainful activity,
other than from within the building.
b. There shall be no harm to adjoining existing
or potential residential development due to
excessive traffic generation or noise or oth r
circumstances.
6.403 Retail Uses in M-l and M-2 District. Such uses
shall be permitted only where the applicant
proves that such use is or will be necessary to
serve manufacturing uses and will not adversely
affect the industrial development of adjoining
land. Where such uses are permitted,the mini-
mum lot size requirement shall be 20,000 square
feet.
Section 6.500 MANUFACTURING USES
Manufacturing uses in any M-l or M-2 District shall,
when abutting a residential use in an R-District, be
screened from such use by the provision of adequate
landscaping measures.
Section 6.600 SERVICES, AUTOMOTIVE
6.601 Off-Street Parking. In all districts, in conne t-
ion with every manufacturing,business,institut
ional,recreational,residential or any other us ,
there shall be provided, at the time any build
ing or structure is erected or is enlarged or
increased in capacity, off-street parking spac s
open to the public at no charge for automobile
in accordance with the requirements set forth
herein.
a. Size and AccessC Each off-street parking sp ce
shall have an area of not less than two hun
dred (200) square feet, exclusive of access
drives or aisles, and shall be of usable
shape and condition. Except in the case of
dwellings, no parking area provided hereund r
shall be established for less than three (3
spaces.
There shall be adequate provisions for in-
gress and egress to all parking spaces. Ac-
cess to off-street parking areas shall be
limited to several well-defined locations a d
in no case shall there be permitted unres-
tricted access along the length of the stre t
or alley upon which the parking area abuts.
b. Number of Parking Spaces Required. The num-
oer of off-street parking spaces required
shall be as set forth in Table I in accorda ce
with the definition of "floor area" as set
forth in the definitions hereof.
In the case of any building, structure or,
premises, the use of which is not specifica ly
mentioned herein, the provisions for a use
which is so mentioned and to which said use
is similar, in the opinion of the Board of
Appeals shall apply.
USES
TABLE I
OfF-STREET PARKING REQUIREMENTS
MINIMUM RE UIRED PARKING SPACES
1. Churches and Schools
1 for each 3.5 seats in an auditoriu
or 1 for each 17 classroom seats;
whichever is greater.
1 for each 200 sq. ft. of floor area
2. Community Buildings,and
Social Halls
3. Country Clubs,Golf Courses
20 plus 1 for each 200 sq.ft. of flo r
area occupied by all principal and
accessory structures, except those
used for parking purposes.
4. Motels
5. Funeral Homes,Mortuaries
6. Hospital,Nursing and
Convalescing Homes
7. Hotels,Rooming Houses,
Dormitories,Tourist Home,
and Guest Home
8. Manufacturing Plants,
Research or Testing Lab-
oratories,Bottling Plants
9. Medical or Dental Clinics,
and/or Professional Offices
10. Restaurants,Beer Parlors
and Night Clubs
11. Retail Stores,Store Groups
Shops,etc. in a C-l Dis-
trict
12. Wholesale Establishments
or Warehouses
1 for each family or dwelling unit
10 for each parlor.
1 for each 3 beds, plus 1 for each
employee on maximum working shift.
1 for each bedroom
1 for each 1,000 sq.ft. of floor
area,plus 1 for each 4 employees
in the maximum working shift; the
total parking area shall be not
less than 25 per cent of the build
ing floor area.
6 spaces for each doctor or dentis
and 3 spaces for each professional
employee in professional offices
1 for each 2.5 seats
1 for each 200 sq. ft. of floor
area where the floor area shall ex
ceed 1,000 sq. ft.
1 for each 2 employees in maximum
shift; the total parking area shal
be not less than 25 per cent of th
building floor area
1 for each dwelling unit.
5 for each alley
5 spaces
13. Dwellings
14. Bowling Alley
15. Roadside Stand for Sale
of F.a rm Products
c. Off-Site Facilities. All permitted and required
accessory off-street parking spaces, open or
enclosed, shall be located on the same zone lot
as the use to which such spaces are accessory,
except that such spaces may be provided else-
where but shall be provided within a radius
of no greater distance than 250 feet from that
zone lot, and provided further that required
spaces are provided off the site in accordance
with the provisions set forth herein and that
such spaces shall be in the same ownership as
the use to which they are accessory and shall
be subject to deed restrictions filed in an
office of record, binding the owner and his
heirs and/or assignees to maintain the requ~red
number of spaces available throughout the llfe
of such use, and such spaces shall conform to
all regulations of the district in which they
are located.
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6.602 Off-Street Loading. In any district, in connec
tlon with every bui1ding,or building group or
part thereof hereafter erected which is to be
occupied by manufacturing,or commercial uses 0
distribution by vehicles of material or mercha d-
ise~ there shall be provided and maintained,
on the same zone lot with such building, off-
street loading berths in accordance with the
requirement of TABLE II following.
a. Size and Location. Each loading space shall
be not less than ten (10) feet in width,
sixty (60) feet in length, and fourteen (14
feet in height, and may occupy all or any
part of any required yard, except where lo-
cated adjacent to any R District,where they
shall be set back a minimum of twenty (20)
feet from such property line.
TABLE II
OFF-STREET LOADING REQUIREMENTS
Square Feet of
Floor Area
1. Schools
2. Hospitals (in
addition to
space for ambu-
lances)
j, 3. Undertakers and
I Funeral Parlors
4. Hotels and Offices
5. Retail, Commer-
cia1,Who1esa1e,
Manufacturing,
Storage, and Mis-
cellaneous
6.603
6.604
15,000 or more 1
From 10,000 - 30,000 1
For each additional
30,000 or major frac-
tion thereof 1 additional
5,000 1
For each additional 5,000
or major fraction thereof 1 additional
From 10,000 or more 1
From o - 25,000 1
From 25,001 - 40,000 2
From 40,001 - 60,000 3
From 60,001 - 100,000 4
For each additional
50,000 or major fraction
the reof 1 additional
Jo~nt Facilities for parkin, or Loading. Off-
street parking and loading acilities for se-
parate uses may be provided jointly if the tot 1
number of spaces so provided is not less than
the sum of the separate requirements for each
use and provided that all regulations governin
the location of accessory spaces in relation t
the use served are adhered to. Further, no
accessory space or portion thereof shall serve
as a required space for more than one use unle s
otherwise approved by the Board of Appeals in
accordance with the purposes and procedures se
forth herein.
Deve10 ment and Maintenance of Parkin and Loa _
ing Areas. Every parce of and hereafter use
as a public or private parking area or loading
area including a commercial parking lot, shall
be developed and maintained in accordance with
the following requirements:
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a. Screening and Landsc~~. Off-Street parki 9
areas for more than five (5) vehicles and
all unloading areas shall be effectively
screened on each side which adjoins or face
premises situated in any R-District, or in-
stitutional premises, by a fence or hedge.
Such fence or hedge shall be not less than
five (5) feet or more than six (6) feet in
height and shall be maintained in good con-
dition without any advertising thereon. Any
space between such fence or hedge and the
side lot line adjoining premises, or the
front lot line facing premises, in any R-
District shall be landscaped with grass,
hardy shrubs or evergreen ground cover and
maintained in good condition. However, no
fence or hedge shall be required where the
same will affect sight distance at intersec -
ion to the extent of creating traffic hazar s.
b. Minimum Distances and Setbacks. No off-stre t
loading area or parking area or part thereo
for more than five (5) vehicles shall be
closer than twenty (20) feet to any R-Distr ct
school, hospital or other institution for
human care located on an adjoining lot. If
not in an R-District, but adjoining such di -
trict, the parking area shall not be locate
within five (5) feet from the established
street right-of-way line within fifty (50)
feet of any R-District.
c. Surfacing. Any off-street parking or 10adin
area for 5 or more vehicles shall be surfac d
with an asphaltic or Portland cement binder
crushed stone, pavement or similar durable
and dustless surface which shall be so grad d
and drained as to dispose of all surface
water accumulated within the area, and shal
be so arranged and marked as to provide for thl
orderly and safe loading, parking and stora e
of vehicles.
d. Lighting. Any lighting used to illuminate a y
off-street parking or loading areas shall b
so arranged as to reflect the light away fr m
the adjoining premises in any R-District.
6.605 Service Stations,Parkin
and Parkin L ts
a. Location of Exits and Entrances. No gasolin
filling station, parking area for five (5)
or more motor vehicles, parking garage, aut -
mobile repair shop, or any vehicular access
thereto, shall be located within two hundre
(200) feet of the following uses if the
property is owned or dedicated to such uses
is located along the same street and on the
same block;
Schools, playgrounds, churches, hospitals,
public libraries, and institutions for de-
pendents or for children;
Vehicular access to the above automotive
uses shall not be closer to the intersectio
of any two (2) street lot lines than fifty
(50) feet, nor shall any such use be locate
within fifty (50) feet of any boundary line
of any R District
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b. Location of Appliances or Pits. No gasoline
filling station or parking garage shall be
permitted where any gasoline or oil pump,
or oil draining pit or visible appliance fa
any such purpose is located within twenty
(20) feet of any street lot line, except
where such appliance or pit is within a
building.
Section 6.700 SERVICES, GENERAL
6.701 Animal Hospitals, Kennels, and Pounds. No such
use shall be located closer than five hundred
(500) feet to any R District, restaurant, or
hotel, in any district where permitted and sha 1
show that adequate measures and controls shall
be taken to prevent offensive noise, smoke,
and odor.
Section 6.800 MISCELLANEOUS USES
6.801 Conversions, Year-Round Dwellings. No conversi ns
shall be permitted except that a single-family
dwelling structure may be converted to a two-
family dwelling structure, provided that:
a. It shall be evidenced that if such structur
has physically deteriorated, the same will
be restored to a decent and safe condition
if permission for conversion is granted.
b. There shall be no structural alteration, ex
cept windows and doors, which will alter
the exterior of any structure to appear as
other than a single-family structure.
c. Where such conversion is undertaken there
shall be provided on the same zone lot at
least two (2) parking spaces.
d. Such structure shall contain not less than
1,600 square feet of living space and no
dwelling unit there shall contain less than
750 $'quare feet of living space. '
e. Such structure shall not be located on a 10
containing less lot area than is required i
the District in which it is located.
6.802 Seasonal Dwelling Unit Conversions
a. Occupancy Permits for Existin, Units. Withi
90 days of the adoption of th s ordinance a
complete list of all seasonal dwelling unit
in the Town of Queensbury shall be compiled
by the Zoning Inspector. The Zoning Inspect r
shall forthwith issue a certificate of occu -
ancy for each seasonal dwelling unit statin
that the building for which the certificate
of occupancy is issued shall be used only 0
a seasonal basis. No dwelling unit for whic
a seasonal occupancy permit has been issued
shall be used for year-round occupancy ex-
cept as otherwise provided herein.
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b. occu~ancy Permits for Conversions to Year-
Roun Occupancy. The conversion to Year-
round occupancy of any seasonal dwelling fa)
which a permit shall have been issued for
seasonal occupancy shall be subject to the
following requirements:
1. The owner of such property shall apply t~
the Zoning Inspector for a certificate of
year-round occupancy. Such application
shall be accompanied by a floor plan of
subject dwelling as it exists and as pro
posed subsequent to conversion.
2. It shall be the objective of the Zoning
Inspector to discourage the conversion 0
existing dwellings originally designed f r
seasonal occupancy where such conversion
is likely to effect unsafe or unsanitary
living conditions, overcrowding of famil es
and lack of privacy within any dwelling
unit which shall be so converted.
In considering and approving such applic -
tion, it shall be the primary concern of
the Zoning Inspector to preserve the pub ic
health, safety and welfare. To this end,
the approval of any such application sha 1
include appropriate conditions and safe-
guards in harmony with the general purpo e
and intent of this ordinance and particu
larly with regard to the following:
(a) Safe and adequate ingress and egress
(b) Minimumum habitable floor area of 80
square feet.
(c) Adequate construction to provide suf
ficient protection from the elements
(d) Proper installation of heating, plum -
ing, water. sewerage and lighting fa -
i1ities in accordance with appropria e
municipal codes for new construction
(e) Provision of at least one (1) off-
street parking space per dwelling.
Home occu,ations. Home occupations shall be an
incidenta use of a dwelling unit permitted
only to residents of the building, who may not
employ more than two additional persons. The
following additional conditions shall be met:
a. Shall be permitted only in a single-family
or two-family dwelling unit.
b. No external evidence of the home occupation
shall be permitted. except for a sign as
specified in Section 6.805.
c. Shall not generate excessive traffic which
will create a nuisance for the surrounding
area.
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6.804 Outdoor Storave Areas. Such uses allowable in
C and M Distrlct shall not abut existing resid
ential development, a residential street or an
R-District and the operation thereof shall be
governed by the following provisions and any
other conditions as may be required by the Boa d
of Appeals to protect the public health, safet ,
comfort, convenience and general welfare and
especially with regard to abutting properties
and the occupants thereof.
a. Inflammable and Explosive Liquids. No highl
inflammable or explosive liquids, solids or
gases shall be stored in bulk above ground.
Tanks or drums of fuel directly connecting
with heating device~ or appliances located n
the same premises as the tanks or drums of
fuel are excluded from this provision.
b. Fencing and Setbacks. All outdoor storage f c-
ilities shall be enclosed by a fence or wal
adequate to conceal such facilities and the
contents thereof from adjacent property. Su h
walls and fences shall be distant not less
than 10 feet from all property lines which
abut an R-District or existing residential
development, but in any other case shall be
distant not less than five (5) feet from an
property line and shall be distant not less
than ten (10) feet from any public street.
c. Deposit of Wastes. No materials or wastes
shall be deposited on any premises in such
form or manner that they may be transferred
off such premises by natural causes or forc s.
d. Other Hazardous Materials. All materials or
wastes which might cause fumes or dust or
which constitute a fire hazard or which may
be edible by or otherwise be attractive to
rodents or insects shall be stored outdoors
only in closed containers.
6.805 Signs. Signs may be erected and maintained onl
when in compliance with the following provisio s:
a. Signs in Residential Districts. The fol10wi g
types of non-illuminated, non-advertising
signs are permitted in all Residential Dis-
tricts as follows:
1. Nameplates and Identification Signs
(a) Signs indicating the name or address
of the occupants, or a permitted hom
occupation, provided that they shall
not be larger than two (2) square fe t
in area. Only one such sign per dwel
ling unit shall be permitted, except in
the case of, corner lots where two su h
signs (one facing each street) shall
be permitted for each dwelling unit.
(b) For hotels and for buildings other t an
dwellins a single identification sig
hot exceeding six (6) square feet in
area and indicating only the name an
address of the building and the name
of the management may be displayed.
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provided that on a corner lot two such ign
(one facing each street)shall be permit ed.
2. Sale or Rental Signs. TempOrary,Unlightet
signs advertising the sale or rental of he
premises upon which they are erected by he
owner or broker or any person interested,
in the sale or rental of such premises,
and signs bearing the word "sold" or
"rented" with the name of the persons ef
fecting the sale or rental may be erecte
or maintained, provided:
(a) The size of any such sign is not in
excess of six (6) square feet; and
(b) Not more than two (2) signs are plac d
upon any property unless such proper y
fronts upon more than one street, in
which event two (2) more signs may b
erected on each additional frontage.
(c) Such signs shall be removed within
sixty (6) days of such sale or renta
of the property.
3. Institutional Signs. Signs of schools, c 1-
leges, churches, hospitals, sanatoria, 0
other institutions of a similar public 0
semipublic nature may be erected and
maintained provided:
(a) the size of any such sign is not in
excess of ten (10) square feet; and
(b) Not more than one (1) such sign is
placed on a property, unless such
property fronts upon more than one
street, in which event a sign may be
erected on each frontage.
4. Signs Accessory to Parkin~ Areas. Signs e-
signating entrances or eXlsts to or from
a parking area and limited to two signs
for each such exit or entrance and to a
maximum size of two (2) square feet each
shall be permitted. One sign per parking
area designating the conditions of use 0
identity of such parking area and limite
to a maximum size of ten (10) square fee
shall be permitted, provided that on a
corner lot two such signs shall be per-
mitted, one facing each street.
5. Development Signs. Signs advertising the
S-a~or development of the premises upon
which they are erected, when erected in
connection with the development of the
premises by a builder, contractor, devel p-
er, or other persons interested in such
sale or development, may be erected and
maintained, provided:
(a) The size of any sign is not in exces
of thirty (30) square feet; and
(b) Not more than two (2) signs are plac d
upon any development,unless such dev 1-
opment fronts upon more than one str etl
in which event two (2) such signs ma
be erected on each frontage.
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(c) Any such sign shall be removed by th!
developer within 30 days of the fina
sale of property.
6. Directional Si9ns. Signs indicating the j
location and dlrection of premises avail
able for or in process of development, b t
not erected upon such premises, and havi 9
inscribed thereon the name of the owner,
developer, builder, or agent, may be ere t-
ed and maintained, provided:
(a) The size of any such sign is not in
excess of ten (10) square feet, and
not in excess of five (5) feet in
length, and
(b) Not more than one such si9n is erect d
on each five hundred (500) feet of
street frontage.
(c) The individual erecting such directi n~
al sign shall remove such sign or
signs upon completion of the project
7. Artisans' Signs. Signs of mechanics, paitt-
ers, and other artisans may be erected
and maintained during the period such pe -
sons are performing work on the premises
on which such signs are erected,provided
(a) The size thereof is not in excess of
twelve (12) square feet; and
(b) Such signs are removed promptly upon
completion of the work.
8. Private Driveways. Signs indicating the
private nature of a driveway, or tres-
passing signs, provided that the size of
any such sign shall not exceed two (2)
square feet.
9. Height and Projection of SiQns. No sign
in an R-District shall project into the
public way or project higher than one
story or twenty (20) feet, whichever is
lower.
b. Signs in C and M Districts. Business signs
shall be permitted as follows:
1. Size of Signs. No sign shall have a gros
surface area of more than one hundred
square feet in any C-2 or C-3 District
or more than one hundred and fifty squar
feet in any M-l or M-2 District, except
that where only one (1) surface of such
sign is visible the gross surface area s -
all be reduced by fifty (50) per cent.
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2. Location of Si~. In any C-,l District ad
signs shaTIl5e securely attached to a build-
~ng. Free standing signs sh~ll ~e permitttd
ln C-2, C-3, and M-l, M-2 Dlstncts only,!
provided that no such sign shall be nearer
to any property line than fifty (50) feet:
except that standardized identification 1
signs for gasoline stations shall be plac~d
not nearer than fifteen (15) feet to any,
property line.
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3. Illumination of S~. Flashing signs and:
revolving illuminated signs shall be con-I'
sidered as a special use permitted in C-21
C-3, M-l and M-2 Districts, provided thatj
such signs shall not create any traffic I
hazards, or abut or face any residential I
property or any residential zone lot. ~
Stationary illuminated signs are permitte
in all C and M Districts. ,
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General Regu1~tions. The following regulatibns
shall apply to all permitted siqns: I
1. t1aintenance. Signs must be constructed 01
durable materials, maintained in good I
condition and not allowed to become de- I
lapidated. I
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2. Projection of Signs. Attached signs shal~
not project from any building more than I
three (3) feet in the direction of the I
street provided further that no such sigp
shall extend over the public street or .
publicsidewalk area.
3. Height of Signs. No sign shall be higher
than the height limit in the district
where such sign is located nor shall any
sign be located upon the roof of any
building.
4. Building Permits for Si7ns. Building per
mits shall be required or all signs exc pt
signs provided for in Subsection 6.805
and other accessory residential signs.
For signs in the interest of the public
information and convenience, the Zoning
Inspector upon approval by the Board of
Appeals, may issue a temporary permit fo
a period to be designated by the said
Board, such temporary signs shall be re-
moved by the property owner at the termi =
ation of any permit for the erection
thereof.
5. Fees. No fee shall be charged for any
mrr-connected with the erection of a
sign necessary to the public welfare
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A temporary tract office any district shall bel
located on the property to which it is appur- !
tenant, shall be limited to a six (6) month I
period at the expiration of which time the ap-~
plicant may request a further extension of tim .
Otherwise, the tract office shall be removed a
the expense of the owner. In any case after th~
completion of the tract such temporar~ tract
office shall be removed within six (6) weeks.
6.806 Temporary Trac~_~_f.fi c~
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Such temporary tract office may also be conducl-
ed in a building in a housing development as a
real estate office for said development.
Section 6.900 MULTIPLE DWELLINGS
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6.901 Site Plan Specifications. Application for multi-
ple dwellings and planned residential developm nt
groups shall require the submission of a site
development plan to the appropriate Board. sai
Plan ~r Plans as submitted to either the Planning
Board or the Board of Appeals are required to
show ~ll structures. roadways, pathwalks, park
ing treas. recreation areas, utility and exterior
lighting installations and landscaping on the
site1 all existing structures and usages withi
200 feet of the site boundaries, and any other
elements as may be deemed essential by the
Planning Board or the Board of Appeals.
6.'02 Plannin Board; Board of A eals A roval. Eve ~
,Sl e p an su ml t e to e ann ng oar (as a:
permi~ted use) and to the Board of Appeals with
refe~ral to the Planning Board (special excepti n
Use) 1n accordance with the requirements of
this @rdinance shall contain such information a d
be in such form as either board may prescribe i
its ryles. Approval shall not be granted until
the site plan has been approved by the Town
Engineer and Health Officer concerning the adeq a6
cy of proposed facilities for fire protection,
storm drainage waters, water supply, and sewage
facilities. Approval of the site plan hereunder
bl either the Planning Board or Board of Appeal
I~,'l expire one year after the date thereof. i
Iw11ding permits have not been obtained for
,Q"struction in accordance therein.
lhe site plan for any multiple-family apartment
building or group of apartment buildings shall
require the approval of a majority of the member
of the Planning Board of Board of Appeals prior
to the issuance of a building permit by the
Zoning Inspector. The Planning Board of Board
of Appeals shall render its decision within
ninety (90) days from the date of application f r
such building permit. In considering and appro -
iog site plans. the Planning Board shall take
into account the public health. safety. general
wllfare. comfort and convenience of the general
public and provisions of the master plan. The
Planning Board and the Board of Appeals may
approve the site plan only subject to appropria e
conditions and safeguards in harmony with the g n-
era 1 purpose' and intent of thi s ordi nance. Befo e
approving the site plan. the Planning Board andt
J~'r' Of,' Appeals shall make findings with respe t
t. 'he- following:
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a. Traffic Access. All proposed site traffic
a c c es-s- way 5- are a de qua t e, but not e x c e s s i v e
in number, adequate in orade, width, align-
ment and visibility, and not located within
100 feet of street corners, entrances to
schools or places of public assembly and
other similar considerations.
b. Circulation and Parking. That the interior
circulation system is adequate and that all
required parking spaces are provided and
are easily accessible.
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c. .Qi.s-.e...o sa 1 0 f Usa b 1 e ..QE. enS pac e. T hat i n a c-
cordance with the spirit and intent of this
ordinance, wherever possible usable open
space is disDosed of in such a way as to
insure the safety and welfare of residents.
~rrangement of Buildings. That adequate pro
vision has been made for light, air, access
and privacy in the arrangement of the build
ings to each other. Each dwelling unit shal
have a minimum of two (2) exteri6r exposure.
~~p'er Landscapi~. That the oroposed site I
1S properly landscaped, the purpose of whic
is to further enhance the natural qualities
of the land. Where adjacent land use dictats,
proper screening and buffer zones may be rei
quired. No certificate of occupancy shall
be issued for any such building or building,
unless the same conforms in all respects to
such site plan and unless all facilities I
included in the site plan have been in ac-
cordance therein.
ARTICLE 7
PERFORMANCE STANDARDS
Section 7.100 GENERAL APPLICATION
Permitted and special uses enumerated in the M Dis-
tricts and uses accessory thereto, are subject to th
following performance standards and procedures. If
the Zoning Inspector or the Board of Appeals has
reasonable grounds for believing that any, other use
will violate these performance standards, such use,
existing or proposed, shall also be subject to these
performance standards.
Section 7.200 PERFORMANCE STANDARDS PROCEDURE
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7.201 Prior to Construction and Operation
Any application for a building permit for a us
which shall be subject to performance standard,
shall be accompanied by a sworn statement by t e
owner of subject property that said use will b
operated in accordance with the performance
standards set forth herein.
7.202 Continued Compliance
Contin~ed compliance with performance standard
is reqvired and enforcement of continued com-
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Section 7.300
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pliance with these performance standards
be enforced by the Zoning Inspector.
7.203 Determination of Violation
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The Zoning Inspector shall investigate any purt
ported violation of performance standards and,1
if there is reasonable ground for the same, I
shall notify the Board of Appeals of the occurt
rence or existence of a probable violation )
thereof. Said Board shall investigate the alle~-
ed violation. Such violation shall be terminat~d
as provided in subsection 7.204 following. I
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7.204 Termination of Violations
All violations, as ascertained in accordance
with Subsection 7.203, shall be terminated wit -
in thirty (30) days of the decision of the
Board of Appeals or shall be deemed a separate
violation for each week following and subject
to fines as set forth herein, except that cer-
tain uses established before the effective dat
of this ordinance and nonconforming as to per-j
formance standards shall be given a reasonablef
time in which to conform therewith as determin d
by said Board.
REGULATION OF NUISANCE ELEMENTS I
7.301 Definition of Elements
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No land or building in any M. District which
shall be used or occupied for manufacturing
purposes shall be operated in such a manner so
as to create any dangerous, injurious, noxious
or otherwise objectionable fire, explosive or
other hazard; noise or vibration, smoke, dust,
dirt, or other form of air pollution or water
pollution; electrical or other disturbance;
glare; or other substance, condition or elemen
in such amount as to adversely affect the sur-
rounding area or premises (referred to herein
as "dangerous or Objectionable elements"); pro
vided that any use permitted by this ordinance
may be undertaken and maintained in any M
District if it conforms to the regulations of
this subsection limiting dangerous and object-
ionable elements at the specified point or
points of the determination of their existence.
7.302 Locations Where Determinations Are to be Made
for Enforcement of Performance Standards
The determination of the existence of any dan-
gerous and objectionable elements shall be
at:
a. The point or points where such elements 1
be most apparent for fire and explosion haz
ards, for radioactivity and electrical dis-
turbances, for smoke and other forms of air
pollution and discharge of effluent for
water pollution.
b. The property lines of the use creating such
objectionable elements as noise, vibration,
glare, and odors.
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ISectlon 7.400 STANDARDS TO BE ENFORCED
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7 . 40 1 Fir e and E x p 1 o_s ion H a z a r d s
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In all activities involving, and all storage ot,
inflammable and explosive materials, the owner
or operator of such use shall provide adequatei
safety devices against the hazard of fire and I
explosion and adequate firefighting and fire !
suppression equipment and devices standard in I
this industry. Burning of waste materials in I
open fires is prohibited. The relevant provist
ions of State and local laws and regulations '
shall also apply.
7.402 Radioactivitv or Electrical Disturbance
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No activities shall be permitted which emit
dangerous radio activity or electrical disturb
ance adversely affecting the operation of any
equipment other than that of the creator of su h
disturbance.
7.403 Vibration
No vibration shall be permitted which is detec -
able without instruments at the point of meas-
urement specified in Subsection 7.302.
7.404 Glare
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No direct of sky-reflected glare, whether from
floodlights or from high-temperature processes,
such as combustion or welding or otherwise, so:
as to be visible at the points of measurement i
specified in Subsection 7.302. This restrictio
shall not apply to signs otherwise permitted b
the provisions of this ordinance.
7.405 Odors
No emission shall be permitted of odorous gase
or other odorous matter in such quantities as
to be readily detectable at the property line
of the zone lot from which they are emitted
without instruments.
7.406 Other Forms of Air Pollution
NO emission 'of fly ash, dust, fumes, smoke,
vapors, gases and other forms of air pollution
shall be permitted which can cause any damage
to health, to animals, vegetation, or other
forms of property, or which can cause any ex-
cessive soiling.
7.407 Water Pollution
No discharge of effluent or contaminant shall
take place into any natural or manmade stream
or body of water which is injurious to plant
and animal life or which discolors or deposits
sediments in such streams. The relevant provis
ions of state regulations shall also apply.
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ARTICLE 8
NONCONFORMING USES AND 3UILDINGS
8.100 EXISTING
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The lawful use of any building or land existing at t~e
time of the enactment of this ordinance may be con- I'
tinued although such use does not conform with the
provisions of this ordinance. I
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Section 8.200 CONTINUATION OF USE
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A use, building or structure which shall be made non
conforming at the, time of passage of this ordinance
or any applicable amendment thereto, may be continue
except as otherwise specified in this Article; pro-
vided, that no existing use located in the district
where enumerated in Article 4 shall be considered
nonconforming if the yards, area, height, coverage,
dimensions or off-street parking do not conform with
the regulations of this ordinance.
Section 8.300 REGULATION OF NONCONFORMING USES
An existing nonconforming use, building or structure
cannot be enlarqed, reconstructed, substituted or
structurally altered unless required to do so by law
or order, or as follows:
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8.301 Restoration. Any nonconforming building or
structure which is damaged may be restored, re
constructed or used as before, provided that
the volume of such use, building or structure
shall not exceed the volume which existed prio
to such damage.
8.302 Di~lacement and Change of use
A. A nonconformina use shall not be extended
displace a conforming use.
b. A nonconforming use may be changed into a
conforming use, or to a more restrictive no -
conforming use.
c. Once changed to a conforming use, no struct re
or land shall be permitted to revert to a
nonconforming use.
8.303 Termination. When discontinued for a period 0
,18 months or more, a nonconformi ng use shall
be terminated.
8.304 Enlargement. Any nonconforminq use, building 0
structure may be enlarged, subject to approval
by the Zoning Board and the Planning Board, up
to, but not more than fifty (50) per cent of i s
floor or lot area as it existed at the time of
passage of this ordinance. Such enlargement mu t
conform to all other regulations of the distri t
in which it is located and may generally be
used only once for each nonconforming use.
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8.305
8.306
8.307
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Unsafe Structures. Any structure or portion
ffi'reof declared -unsafe by a proper authority
may be restored to a safe condition.
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Construction ApBroved Prior to Adoption of or i
AmendmE!nt to Ordinance. Nothing herein contait-
ed shall require any change in plans, construc -
ion or desiqnated use of a building for which!
a building permit has been heretofore issued a~d
the construction of which shall have been dili+
gently prosecuted within three months of the i
date of such permit, and the ground store fram -
work of which, including the second tier of
beams, shall have been completed within six
months of the date of the permit, and which en
tire building shall be completed according to uct
plans as filed within one year from date of
this ordinance.
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District Changes. Whenever the boundaries of al
. dlstrict shall be changed so as to transfer an
area from one district to another district of
a different classification, the foregoing pro-
visions shall also apply to any nonconforming
uses existing therein.
ARTICLE 9
ADMINISTRATION AND ENFORCEMENT
9.100 GENERAL PROCEDURE
General Se~nce of Steps. All persons desirin
to undertal<e-any new construction, structural
alteration, or changes in the use of a buildin
or lot shall apply to the Zoning Inspector for
a Building Permit by filling out the appropria e
application form and by submitting the require
fee. The Zoning Inspector will then either iss e
or refuse the Building Permit or refer the ap-
plication to the Board of Appeals. After the
Building Permit has been received by the appli
cant, he may proceed to undertake the action
permitted in the Building Permit and upon com-
pletion of such action, shall apply to the
Zoning Inspector for a Certificate of Occupanc .
If the Zoning Inspector finds that the action
of the applicant has been taken in accordance
with the Building Permit, he will then issue
a Certificate of Occupancy allowing the premis s
to be occupied.
9.102 Building Permit T1~es. Under the terms of this
ordinance, the fo owing classes of Building
Permits may be issued:
9.101
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a. Permitted Use: A Building Permit for a Per-
mitted Use may be issued by the Zoning In-
spector on his own authority.
b. Special Exception Uses: A Building Permit f r
a Special Exception Use may be issued by th
Zoning Inspector after review by the Planni 9
Board and upon the order of the Board of
Appeals.
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c. Buildi~ Permit After an Ae.r.eal or a Request
f6r-a-VarTance-~--.r\Bui 1 di ng Permi t ma~
sueaoy the Zoning Inspector upon the order:
of the Board of Appeals and after a public;
hearing held by the Board of Appeals for the
purpose of deciding upon the Appeal or a re4
quest for a variance. :
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Section 9.200 ZONING INSPECTOR
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This ordinance shall be enforced by the Zoning Inspe~=
tor or his duly authorized assistant, the Deputy Zoning
Inspector, who shall be appointed by the Town Board. i
No building permit or certificates of occupancy sha11
be issued by him except where all the provisions of ,I
this ordinance have been complied with.
BUILDING PER~lITS
9.201 General. No building or structure shall be ere t-
~-added to, or structurally altered until a
permit therefor has been issued by the Zoning
Inspector. Except upon a written order of the
Board of Appeals, no such building permit or
certificate of occupancy shall be issued for
any building where,said construction, addition
or alteration or use thereof would be in viola
tion of any of the provisions of this ordinanc
9.202 Information Necessar~ for Application. There
shall be submitted wlth all applications for
building permits three copies of a layout or
plot plan drawn to scale showing the actual di
mensions of the lot to be built upon, the exact
size and location on the lot of the building
and accessory buildings to be erected and such
other information as may be necessary to deter
mine and provide for the enforcement of this
ordinance.
9.203 Public Record. On~ copy of such layout or plot
plan shall be returned when approved by the
Zoning Inspector together with such permit to
the applicant upon the payment of a fee as in-
dicated in this Article. The second and third
copies, with a copy of each application with
accompanying plan, shall become a public recor
after a permit is issued or denied.
9.204 Water Supply and Sewage Disposal. All water su -
ply and sewage disposal installations shall
conform with the New York State Department of
Health regulations. No plot plan shall be appr v-
ed by the Zoning Inspector in any zone unless
such conformity is certified on the plan. Drai -
age affecting adjacent properties shall be con
sidered by the Zoning Inspector before issuing
a building permit, including possible run-offs
to said properties.
9.205 Issuance of Permits. It shall be the duty of t e
Zoning Inspector to issue a Building Permit,
provided he is satisfied that the structure,
building, a sign, parking area on premises, an
the proposed use thereof, conform with all re-
quirements of this ordinance, and that all oth r
reviews and actions, if any, called for in thi
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ordinance have been complied with and all nec-I
essary approvals secured therefor. i
All building permits shall be issued in dUPli_t'
cate and one copy shall be kept conspicuously
on the premises affected and protected from th
weather whenever construction work is being pe -
formed thereon. No owner, contractor, workman f
or other person shall perform any building ope -
ations of any kind unless a Building Permit
covering such operation has been displayed as 1
required by this ordinance, nor shall they per
form building operations of any kind after not
ification of the revocation of said Building
Perm it.
9.206
Denial of Permits. When the Zoning Inspector i
not satisfied that the applicant's proposed
development will meet the requirements of this
ordinance, he shall refuse to issue a building
permit and the applicant may appeal to the
Board of Appeals for a reversal of the Inspect
oris decision.
9.207 Expira~ion of Building Permit. A building perm t
shall expire after one year if the applicant
fails to implement his application as filed
with the Zoning Inspector.
9.208 Revocation of Permits. If it shall appear, at
any time, to the Zoning Inspector that the app i-
cation or accompanying plot is in any material
respect false or misleading, or that work is
being done upon the premises differing materi-;
ally from that called for in the application '
filed with him under existing laws or ordinanc s,
he may forthwith revoke the Building Permit.
After the Building Permit has been revoked, th
Zoning Inspector may. at his discretion, befor
issuing the new Building Permit, require the
applicant to file an indemnity bond in the
favor of the Town of Queensbury with sufficien
surety conditioned for compliance with this
ordinance and all building laws and ordinances
then in force and in a sum sufficient to cover
the cost of removing the building if it does
not so comply.
9.209 Special Exception Uses. All such applications
shall be accompanied by plans and such other
information as may be required under Section
6.900.
Section 9.300 CERTIFICATE OF OCCUPANCY
9.301 General. After the enactment of this ordinance,
no vacant land shall be occupied, or used and
no building hereafter erected, altered or ex-
tended shall be used or changed in use until a
certificate of occupancy shall have been issue
by the Zoning Inspector. stating that the
buildings or proposed use thereof complies wit
the provisions of this ordinance.
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9.302 Maintenance, Renewal, Change or Extension of
Nonconformi~Use. No nonconforming use shalll'
be maintained, renewed, changed or extended
without a certificate of occupancy having first
been issued by the Zoning Inspector. i
9.303 Application for Certificate of Occupanc~. All 1
certificates of occupancy shall be applled fori
coincident with the application for a building!
permit. Said certificate shall be issued within
10 days after the erection or alteration shall!
have been approved as complying with the pro- 'I.
visions of this ordinance.
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9.304 Record. The Zoning Inspector shall maintain a !
record of all certificates and copies shall be
shown upon request to any person having a pro-
prietary or tenancy interest in the building
affected.
Section 9.400 PLANNING BOARD
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9.401 Review of ~~lication~ and Appeals
1. Referral from the Board. The Board of Appea s
shall refer to the Planning Board all appli
cations for special uses, and any other ap-
plications or appeals, which in their
opinion require review by the Planning Boar.
2. Criteria for Review. The Planning Board sha 1
review such applications in accordance withl
applicable criteria set forth in Article 6.;
3. Report to the Board of Appeals. The Plannin
Board may approve, disapprove, or approve
subject to conditions, or modifications and
shall report its findings to the Board of
Appeals within thirty (30) days of receipt
thereof; such report shall state all recom-
mended conditions and modifications and the
reasons for such approval or disapproval.
If such approval is not given within the
time period stated above, it shall be
approved.
Ii Section 9.500 VIOLATIONS
9.501 Complaints of Violations. Whenever a violation
of this ordinance occurs, any person may file
a complaint in regard thereto. All such com-
plaints must be in writing and shall be filed
with the Zoning Inspector, who shall properly
record such complaint and immediately investi-
gate and report thereon to the governing body.
9.502 Violations and Penalties. A violation of this
ordinance is an offense punishable by fine not
exceeding $50 for any offense, recoverable wit
costs, together with judgment or imprisonment
not exceeding six months if the amount of said
judgment is not paid. Each week that a violati n
is permitted shall constitute a separate of-
fense.
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9.503
Procedure for Abatement of Violations. In caset
any building or structure ;s erected, construe -
ed, reconstructed, altered, repaired, converte ,
or maintained, or any building, structure or !
land is used in violation of this ordinance, at
if any ordinance or regulation made under autht
ority conferred hereby, the governing body, or!
with their approval, the Zoning Inspector or I
other proper official in addition to other re-I
medies, may institute any appropriate action of
proceedings to prevent such unlawful erection,!
construction, reconstruction, alteration, re- I
pair, conversion, maintenance or use, to res-
train, correct, or abate such violation, to pr -
vent the occupancy of said building, structure
or land, or to prevent any illegal act, conduc ,
business or use in or about such premises.
Section 9.600 APPEALS
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9.601 ~~L frgm Zoning Inspector
1. Procedur~~~pellant
a. An appeal to the Board of Appeals from a y
ruling of any administrative officer ad-
ministering any portion of this ordinanc ,
may be taken by any person aggrieved, or
by an officer, board, or bureau of the J
Town affected thereby. Such appeal shall
be taken by filing with the officer from
whose action the appeal is taken and wit
the Board of Appeals by filing with the!
secretary thereof, a notice of appeal, s -
ecifyinq the grounds therefor.
b. All applications and appeals made to the
Board of Appeals shall be in writing on
forms prescribed by the Zoning Inspector
Every application or appeal shall refer
to the specific provision of this ordina
and shall exactly set forth the inter-
pretation that is claimed, the plans for
special use or the details of the varian
that is applied for, in addition to the
following information:
1) The name and address of the applicant
appellant.
2) The name and address of the owner of he
zone lot to be affected by such pro
posed change or appeal.
3) A brief description and location of t e
zone lot to be affected by such pro
posed change or appeal.
4) A statement of the present zoning
classification of the zone lot in
question, the improvements thereon
and the present use thereof.
5) A reasonably accurate description of
present improvement, and the addit1
or changes intended to be made un de
this application,indicating the s1z
of such proposed improvements, mate -
ial and general construction thereo
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In addition, there shall be attache4
a plot plan of the real property toibe
affected, indicating the location I
and size of the lot'and size of im-i
provements thereon and proposed to ~e
erected thereon.
2. Procedure for Zon~~g Inspector
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a. The notice of appeal in any case where ai
permit has been granted or denied by the'
Zoninq Inspector shall be filed within s~ch
time as shall be prescribed by the Boardl
of Appeals under general rule after notije
of such action granting or denying the
permit has been mailed to the applicant.
The Zoning Inspector shall forthwith
transmit to the Board of Appeals all paplrs
constituting the record upon which the
action appealed from was taken, or in
lieu thereof certified copies of said
papers. I
b. It shall be competent for the Zoning In-i
spector to recommend to the Board of
Appeals a modification or reversal of hi
Action in cases where he believes substa t-
ial justice requires the same but where I
he has not himself sufficient authority I'
to grant the relief sought.
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3. Procedure. for the Board of Appeals
The Board of Appeals shall decide each ap- I
peal within sixty (60) days. Upon the hear-
ing, any party may appear in person or be
represented by an agent or attorney. The
Board of Appeals' decision shall be immed-
iately filed in its office and be a public
record. In the exercise of its functions
upon such appeals or upon exceptions, the
Board of Appeals may in conformity with the
provisions of this ordinance, reverse or
affirm, wholly or partly, or modify the
order, requirement, decision, or determina-
tion appealed from or may make such order,
requirement, decision or determination in
accordance with the provisions hereof.
4. s~~ration of Appeal Decision
Unless otherwise specified by the Board of
Appeals, a decision on any appeal or reques
for a variance shall expire if the applican
fails to obtain any necessary building perm t,
or comply with the conditions of said auth-
orized permit within six (6) months from
the date of authorization thereof.
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5. Stay of Proceedin~s
An appeal shall stay all proceedings in
furtherance of the action appealed from un-
less the Zoning Inspector certifies for the
Board of Appeals, after the notice of appea
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Section 9.700
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shall have been filed, that by reason of I
facts stated in the certificate, stay would~
in his opinion, cause imminent peril to lifi
or property, in which case proceedings shal
not be stayed otherwise than by a restrain-,
ing order which may be granted by the Boardl
of Appeals or by the Supreme Court on apPlir'
cation, on notice to the Zoning Inspector
and on due cause shown. '
6.~~1-fr~~ Decision of Board of Appeals
All decisions of the Board of Appeals are
subject to court review in accordance with
applicable Laws of the State of New York.
PUBLIC HEARINGS AND NOTICE f
The Board of Appeals shall fix a reasonable time for
the hearing of the appeal or other matter referred t
it and give public notice thereof by the publication
in the official paper of a notice of such hearing atl
least five (5) days prior to the date hereof and !
shall at least five (5) days before such hearing mai
notices thereof to the following officials, persons
and owners of properties involved and in accordance
with the requirements of Section 267 of Article 16,
Chapter 62 of the Consolidated Laws of the State of
New York.
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9.701 When Appealing Action of the Zoning Inspector.'
1n case of an appeal alleging error or misin-
terpretation in any order or other action by
the Zoning Inspector, the following persons
shall be notified: the inspector, appellant
and the person or persons, if any, who benefit
from the order, requirement, regulation or
determination.
9.702 When Appealing for Variance, S ecial Exce tion
Use. In case of an appea for a variance or in
case an application for a special exception us ,
as provided for in this ordinance, the follow-
ing persons shall be notified: All owners of
property within five hundred (500) feet of the
nearest line of the property for which the
variance or special exception use is sought,
and to such other property owners as the chair
man of the Board of Appeals may direct.
9.703 Adjournment of Hearing. Upon the day for hear-
ing any application or appeal, the Board of
Appeals may adjourn the hearing for a reasonable
period for the purpose of causing such further
notice as it deems proper to be served upon
such other property owners as it decides may b
interested in said application or appeal.
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9.704 ~~ired Inter~?_L~~H~~rin9s on Applications
an<!~p-~als, after De_~J~. Whenever the Board,
after hearing all the evidence presented upon
an application or appeal, under the provisions
of this ordinance, denies the same, the Board
of Appeals shall refuse to hold further hearin
on the said or substantially similar applicati
or appeal by the same applicant, his successor
or assign for a period of one (1) year, except
and unless the Board of Appeals shall find and I
determine from the information supplied by the
request for a rehearing, that changed conditio~s
have occurred relating to the promotion of theJ'
public health, safety, convenience, comfort,
prosperity, and general welfare, and that a re
consideration is justified. Such rehearing WOU~d
be allowable only upon a motion initiated by a
member of the Board of Appeals and adopted by he
unanimous vote of the members present.
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Section 9.800 FEES
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$ 2 .00
Building permits for Sign
Occupancy Permit
No fee
Rehearings on Applications and
Appeals
$15.00
Reclassification or Amendment to
Zoning Ordinance
Visiting Mobile Home Permit
$25.00
$ 2.00
The following fees shall be paid at the Office of the Zoning In-
spector upon the filing of an application for a Building Permit:
Estimated
Construction Cost
($)
Fee in 0011 ars
For Uses requiring For Uses not requiring
Board Action Board Action
Under $1,000.
Over $1,000.
2.00
10.00
For all uses requiring Board action, the fee shall be $15.00
ARTICLE 10
BOARD OF APPEALS
Section 10.100 ORGANIZATION AND PROCEDURE
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10.101 Establishment. Pursuant to the provlslons of
Section 267, Article 16, Chapter 62 of the
Consolidated Town Laws of the State of New
York, a Board of Appeals is hereby establish d
in the Town of Queensbury.
10.102 Appointment. The Board of Appeals shall con-
sist of five (5) members to be appointed by
the Town Board. The terms of the initial ap-
pointees shall be for one, two, three, four
and five years from and after the date of ap
pointment. Their successors, including such
additional members as may be appointed by th
Town Board, shall be appointed for the term f
five Yfars after the expiration of the terms
of the4r predecessors in office.
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10.103 ~ppointment to Fill Vacancies. Appointments 0
fill vacancies shall be for the unexpired te ms
of the member or members whose term or terms
become vacant. Such appointments to fill suc
vacancies shall be made in the same manner a
the original appointment.
10.104 General Grant of Power. The Board of Appeals
shall perform-a'fltf1eduties and have all th
powers prescribed by the laws of the State 0
New York and as herein described. \
10.105 Votes Necess~ry for a Decision. The concurri g
~ote of a majority of the members of the Boa d
of Appeals, shall be necessary to reverse an
order, requirement, decision or determinatio
of the Zoninc Inspector or to decide in favo
of the appeliant any matter upon which it is
required to pass u~der the terms of this ord
inance or to effect any variation of this
ordinance.
Section 10.200 POWERS AND DUTIES
The Board of Appeals shall hear and decide appeals
pursuant to the provisions of the laws of the State
of New York and shall have the following powers:
10.201 To Hear and Decide Appeals: The Board of Ap-
peals shall hear and decide appeals from and
review any order, requirement, decision or
determination made by the Zoning Inspector
administering this ordinance. It shall also
hear and decide all matters referred to it
or upon which it is required to pass under
the provisions of this ordinance.
10.202 Variances. The Board of Appeals may vary or
adapt the strict application of any of the
requirements of this ordinance in the case 0
exceptiona1lv irregular, narrow, shallow or
steep lots, or other exceptional physical co -
ditions, whereby such strict application wou d
result in ~ub5tantial difficulty or unnecess
ary hardship that would deprive the owner of
the reasona~le use of the land or building
invohed. do i'i:lance in the strict applica-
tion of any provision of this ordinance shal
be grant2d ty the Goard of Appeals unless it
finds:
a. That there are special circumstances or
conditions, fully described in the findin s
of the 3oarct, applying to such land or
buildir~s ?rd not applying generally to 1 nd
or buildings in the neighborhood, and tha
said circumstances or conditions are such
that strict application of the provisions
of this orrlinance would deprive the appli
cant of the re3sonable use of such land
or buildings.
b. The DOWer to arant variances in R-l areas,
which was fPserved to the Town Board in
the ordinance~ establishing residential
zones under the General Municipal Law, ar
hereby qranted tc the Board of Appeals.
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c. The Board of Appeals shall have the power
to grant variances in any area, even thou h
the circumstances may not constitute hard
ship, where the permitted variance is in
general harmony with the restrictions est b-
lished for such area, provided the Planni g
Board shall concur.
d. That, for reasons fully set forth in the
findings of the Board, the granting of th
variance is necessary for the reasonable
use of the land or building and that the
variance as granted by the Board is the
minimum variance that will accomplish thi
purpose.
e. That the granting of the variance will be
in harmony with the general purpose and
intent of this ordinance and the Master
Plan of Queensbury, and will not be injur
ious to the neighborhood or otherwise det i-
mental to the public welfare.
In granting any variance, the Board of Appea s
shall prescribe any conditions that it deems
to be necessary or desirable.
10.203
Interpretation. The Board of Appeals shall,
upon appeal from a decision by an administra -
ive official, decide any question involving
the interpretation of any provision of this
ordinance, including determination of the
exact location of any district boundary if
there is uncertainty with respect thereto.
Special Exception Uses. The Board of Appeals
may issue a Special Permit for any of the us s
for which this ordinance required the obtain
ing of such permits from the Board of Appeal.
Such special permit will only be issued afte
notice, hearing and findings by the Board of
Appeals.
10.204
10.205
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Referral to Plannin~ Board. The Board of App
shall refer to the lanning Board such mat-
ters as required by this ordinance and any
other pertinent matters for review and recom
mendations, and defer any decision thereon
for a period of not more than thirty (30) da s
pending a report from the Planning Board. Up n
failure to submit such report, the Planning
Board shall be deemed to have approved the
application for appeal.
Section 10.300 PROCEDURE
The Board of Appeals shall act in strict accordance
with the procedure specified by law and by this ord -
nance. All appeals and applications made to the Boa d
shall be in writing, on forms prescribed by the Boa d
and in accordance with Section 9.600. Every appeal
or application shall refer to the specific provisio
of the ordinance involved, and shall exactly set
forth the interpretation that is claimed, the use
for which the special permit is sought, or the de-
tails of the variance that is applied for and the
grounds on which it is claimed that the variance
should be 9ranted, as the case may be. At least
thirty (30) days before the date of the hearing re-
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required by law on an application or appeal to the
Board of Appeals, the secretary of said Board shall
transmit to the Planning Board a copy of said appli
cati on or appeal, together wi th a copy of the noti c
of the aforesaid hearing and shall request that the
Planning Board be notified in accordance with Secti n
10.205.
Every decision of the Board of Appeals shall be by
resolution, each of which shall contain a full reco d
of the findings of the Board in the particular case.
ARTICLE 11
A ~1 END MEN T S
Section 11.100 TOWN BOARD MAY AMEND
The Town Board may, from time to time, on its own
motion, or on petition, or on recommendation of the
Planning Board, amend, supplement or repeal the re-
gulations and provisions of this ordinance after
public notice and hearings as provided by Section 2 4
and 265, Article 16, Chapter 62 of the Consolidated
Laws of New York State.
Every such proposed amendment or change whether ini -
iated by the Town Board or by petition, shall be re
ferred to the Planning Board for report thereon be-
fore the public hearing hereinafter provided for.
The Town Board by resolution adopted at a stated
meeting shall fix the time and place of a public
hearing on the proposed amendments and cause notice
to be given as follows:
11.101 Public Notice. By publishing a notice at lea t
ten (10) days in advance of such hearing in
the Official Town newspaper; such notice sha
state the general nature of the proposed ame
ment in such reasonable detail as will give
adequate notice of its contents, and shall
name the place or places where copies of the
proposed amendment may be examined.
ARTICLE 12
INTERPRETATION
Section 12.100 INTERPRETATION, CONFLICT WITH OTHER LAWS
In their interpretation and application,the provlsl
of this ordinance shall be held to be minimum requi
ments, adopted for the promotion of the public heal
morals, safety, or the general welfare. It is not i -
tended to interfere or abrogate or annul other rule,
regulations or ordinances, provided that whenever t e
requirements of this ordinance are at variance with
the requirements of any other lawfully adopted regul-
ations, rules, or ordinances, the most restrictive,
or that imposing the higher standards, shall govern.
Section 12.200 VALIDITY
Should any section, subsection, sentence, clause,
phrase, or provision of this ordinance be decided b
the courts to be unconstitutional or invalid, such
decision shall not affect the validity of the ordi-
nance as a whole or any part thereof other than the
part so decided to be unconstitutional or invalid.
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Section 12.300 EFFECTIVE DATE
This ordinance shall take effect immediately upon
the adoption, publication, and posting as provided
by the Town Law.