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RESOLUTIONS\LOCAL LAWS\SET PUBLIC HEARINGS\Chapter 179 Zoning—Cannabis—12-19-2022
RESOLUTION SETTING PUBLIC HEARING ON PROPOSED
LOCALLAW NO.: OF 2023 TO AMEND CHAPTER 179
"ZONING" OF QUEENSBURY TOWN CODE TO REGULATE
SPECIFIC CANNABIS BUSINESSES AND AMEND USE
REQUIREMENTS RELATED TO AGRICULTURE
RESOLUTION NO.: 12022
INTRODUCED BY:
WHO MOVED FOR ITS ADOPTION
SECONDED BY:
WHEREAS, the Queensbury Town Board wishes to amend Chapter 179 of Queensbury
Town Code to regulate specific cannabis businesses and amend use requirements related to
agriculture, and
WHEREAS, the amendments are necessary and desirable to protect the public health,
safety, welfare, and environmental resources, provide a consistent regulatory pathway for the
cannabis industry consistent with State regulations, foster a healthy, diverse and economically
viable cannabis industry that contributes to the local economy and ensure that environmental,public
health, safety and nuisance factors related to both the cannabis industry and agriculture are
adequately addressed, and
WHEREAS, the Town Board wishes to consider adoption of Local Law No.: of 2023
to: (1) amend §179-2-010, entitled "Definitions and word usage, (2) amend §179-10-070,
entitled Specific Standards," (3) amend Table 2, entitled "Summary of Allowed Uses in
Residential Districts," (4) amend Table 3, entitled Summary of Allowed Uses in Commercial
Districts," and (5) amend Table 4, entitled "Summary of Allowed Uses in Industrial Districts,"
and
WHEREAS, zoning changes are subject to Warren County Planning Department
review in accordance with New York State General Municipal Law §239-m, and
WHEREAS, the Town of Queensbury proposed amendments affecting land uses within
the Adirondack Park comply with and are in furtherance of approval standards contained in §807
of the Adirondack Park Agency Act and 9 NYCRR Part 582 of Agency regulations, and
WHEREAS, on November 21, 2022 the Adirondack Park Agency issued a letter
notifying the Town that the proposed zoning changes in the proposed Local Law affecting the
Town's Agency Approved Local Land Use Program are approved, and
WHEREAS, Municipal Home Rule Law §20 requires the Town Board to hold a
public hearing prior to the adoption of any Local Law,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board shall meet and hold a Public Hearing at the
Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on Monday, January 23ra
2023 to hear all interested persons concerning the proposed revisions to the Town's Zoning Code
and enactment of"Local Law No.: of 2023 to Amend Chapter 179 "Zoning" Of Queensbury
Town Code to Regulate Specific Cannabis Businesses and Amend Use Requirements Related To
Agriculture,"and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Clerk to submit
the proposed Local Law to the Warren County Planning Department for NYS GML §239-m
review, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to
provide the public with at least 10 days prior notice of the Public Hearing by causing a Notice of
Public Hearing to be timely published in the Town's official newspaper and by posting the
Notice of Public Hearing on the Town's web site and bulletin board at least 10 days before the
date of the Public Hearing, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Clerk to send
copies of the Notice of Public Hearing, together with copies of the proposed zoning revisions, if
required, to any public officials, agencies or municipalities, in accordance with any applicable
State Laws or Town Code provisions, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Clerk to make
a copy of the proposed zoning revisions available for public inspection during regular business
hours of the Clerk's office, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Town
Clerk, Director of Planning, Zoning and Code Enforcement, Senior Planner and/or Town
Counsel to take such other actions and give such other notice as may be necessary in preparation
for the Town Board to lawfully adopt proposed Local Law No.: of 2022.
Duly adopted this 191h day of December, 2022, by the following vote:
AYES
NOES
ABSENT:
LOCALLAWS\Cannabis — Chapter 179 — l -23-2023
LOCAL LAW NO.: OF 2023
A LOCAL LAW TO AMEND CHAPTER 179 "ZONING"
OF QUEENSBUR.Y TOWN CODE TO REGULATE SPECIFIC
CANNABIS BUSINESSES AND AMEND USE REQUIREMENTS
RELATED TO AGRICULTURE
BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OE QUEENSBURYAS
FOLLOWS:
Section 1. Intent -- The Town Board wishes to amend Chapter 179 of Queensbury Town
Code to regulate specific cannabis businesses and amend use requirements related to agriculture.
The amendments are necessary and desirable to protect the public health, safety, welfare, and
environmental resources, provide a consistent regulatory pathway for the cannabis industry
consistent with state regulations, foster a healthy, diverse and economically viable cannabis
industry that contributes to the local economy, and ensure that environmental, public health,
safety and nuisance factors related to both the cannabis industry and agriculture are adequately
addressed.
Section 2. Enacting Authority — This Local Law is enacted pursuant to the New York
Municipal Home Rule Law, Section 131 of the New York Cannabis Law, and Chapter 179 of the
Code of the Town of Queensbury, as authorized by the New York State Constitution, the New
York Municipal Home Rule Law, and other relevant provisions of the Town Law of the State of
New York.
Section 3. Amendment of Zoning Law — Chapter 179 of the Queensbury Town Code,
entitled "Zoning" and known as the "Town of Queensbury .Zoning Law" is 'hereby amended as
follows:
A. Section 179-2-010, entitled "Definitions and word usage" is amended as follows:
Note: Language in bold italics is new language to be added;
Language is old language to be deleted.
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C. As used in this chapter or in the appendixes thereto, unless the context otherwise requires,
the following terms shall have the meanings indicated:
AGRICULTURAL RETAIL SALES: A small—scale retail facility for sales of agricultural
products grown or raised on the site or other properties owned or leased by the agricultural
use operator, and pre packaged goods processed from onsite agricultural production.
AGRICULTURAL SERVICE USE: Any storage or processing facility directly and customarily
related to an agricultural use. Agricultural Service Use may include an associated agricultural
retail styles business. Examples include milk processing, feed storage, crop storage, and crop
processing.
AGRICULTURAL USE: Any management of any land for agriculture: the raising and keeping of
cows, horses, pigs, poultry and/or other livestock; truck gardens; horticulture; silviculture or
orchards, including the sale of products grown or raised directly on such land and including the
construction, alteration or maintenance of fences, agricultural roads, agricultural drainage
systems and farm ponds_ Agricultural Use may include greenhouses.
CANNABIS BUSINESS, ON--SITE CONSUMPTION. A cannabis related business requiring
a license from New York State to operate an Adult-use On-Site Consumption business. An on-
site consumption license authorizes the acquisition, possession, and sale of cannabis from the
licenser/premises of the on-site consumption licensee to cannabis consumers for use at the on-
site consumption location.
CANNABIS BUSINESS, RETAIL: A cannabis related business requiring a license from .New
York State to operate an Adult-use retail dispensary authorized to acquire, possess, sell and
deliver cannabis to consumers.
COMMERCIAL NURSERY: A nursery with one or more greenhouses totaling 300 square
feet or more of area.
GREENHOUSE: A building
orm translueent material and in which the temperature, lighting arm or humidity can be regulated
for the cultivation of plants for subsequent sale or personal enjoyment.
Note: Language in bold italics is new language to be added;
Language with linedrawn tiff . ug is old language to be deleted.
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A greenhouse in excess of 300 square feet shall be regulated as a commercial nursery. A
greenhouse under 300 square feet shall be considered accessory to a residential use.
PARK.• A publicly owned tract of land designated and used by the public for active and/or
passive recreation.
B. Section 17940-070, entitled "Specific Standards" is amended as follows:
Q. Nurseries and Commercial Nurseries.
( 1 ) Nurseries must be on lots of at least 10 acres in size.
(2) Nurseries shall include a management plan for pesticides, herbicides, and fertilizers_
Such plans shall include application, usage, storage, and surface water and groundwater
quality protection details.
(3) Any Planning Board approval may require annual surface water and groundwater quality
testing.
EE. On-Site Consumption Cannabis Business ,& Retail Cannabis Business. On-site
Consumption and Retail Cannabis businesses are subject to the New York State Cannabis
Law with thefollowing specific standards:
(1) Such businesses shall not be located within a one thousand (1,000) foot radius of
another premises for which a license of the same type has been issued by New York
State, such distance to be measured horizontally on a straight line from the property
line of the lot first occupied by a licensed cannabis business.
(2) An On-Site Consumption Cannabis Business or Retail Cannabis Business shall not be
located within one thousand (1,000) feet from the following uses, such distance to be
measured horizontally on a straight line from the nearest property line of the lot to be
occupied by the proposed On-Site Consumption Cannabis Business or Retail Cannabis
Business.
(a) Addiction Treatment Providers certifier) by the New York State Office of Addiction
Services and Support
Note: Language in bold italics is new language to be added;
Language with line ,a,..,...n thfetig is old language to be deleted.
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(b) Amusement Center
(c) Campground
(d) Day-care Center
(e) Day-care Home
(r) Health-related facility
(g) Parks
(h) Place of Worship
(i) Playground
(f) Public or Semi public building
(k) School
(3) Hours of Operation: On-Site Consumption Cannabis Business or Retail Cannabis
Business shall not open before 9AM nor remain open after 9pm Monday through
Saturday, and shall not open before l2pm nor remain open after 6pm on Sunday.
(4) Lighting and Security: Motion detectors or timers should be considered as part of any
fighting plan. Fencing that may be required should include materials and aesthetics
that provide security but do not create a negative visual impact.
(5) Application requirements.
(a) Applicant must submit a plan to ensure compliance with §179-6-030 (Odor) of the
Zoning Code.
(6) All special use permits issued under this Subsection shall contain a condition that the
Retail Cannabis Business or On-Site Consumption Cannabis Business shall not
operate, and the special use permit shall not be valid, until the applicant has obtained
all licenses and permits issued by the State of New York and any of its agencies for the
dispensary.
(7) A special use permit granted under this Subsection shall have a term limited to the
duration of the applicant's use of the premises as a Retail Cannabis Business or On-
Site Consumption Cannabis Business. A special use permit may be transferred only
with tit approval of the Planning Board in the form of an amendment to the special
use permit.
(8) Revocation of Special Use Permit.
Note: Language in bold italics is new language to be added;
Language with line a ^ ' �t-, is old language to be deleted.
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(a) Any violation of this Subsection shall be grounds for revocation of a special use
permit issued under this Subsection.
(b) Revocation or expiration of a license by New York State shall be grounds for
revocation of the special use permit.
FF. Agricultural Service Use
(1) All special use permits issued under this Subsection shall contain a condition that the
use shall not operate, and the special use permit shall not be valid, until the applicant
has obtained any licenses and permits required by the State of New York and any of its
agencies for such use.
(2) Revocation of Special Use Permit.
(c) Any violation of this Subsection shall be grounds for revocation of a special use
permit issued under this Subsection.
(d) Revocation or aspiration of any license that may be required by New York State for
the Agricultural Service Use shall be grounds for revocation of the special use
permit.
(3) A special use permit granted under this Subsection shall have a term limited to the
duration of the applicant's ownership and use of the premises as an agricultural
services use. A special use permit may be transferred only with the approval of the
Planning Board in the form of an amendment to the special use permit.
(4) Application requirements.
(a) Applicant must submit a plan to erasure compliance with §179-6-030 (Odor) of
the zoning code.
C. Table 2, entitled "Summary of Allowed Uses in Residential Districts" is amended as
follows:
Land Moderate Density Neighborhood Parkland Rural Waterfront
Conservation Residential Residential Recreation Residential Residential
Residential Use LC-10 PR-10 1111-3
Table LC-42 MDR NR PR-42 RR-5 wR
Note: Language in bold italics is new language to be added;
Language with l ae draw_ thx-ough is old language to be deleted.
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---------------------
SePirbee/regail
Agricerltural Retail SPR SPR
Sales i I i
D. Table 3 , entitled "Summary of Allowed Uses in Commercial Districts" is amended as
follows:
+Commercial Enclosed
Commercial Commercial Main Neighborhood
Moderate Intensive Intensive — Shopping Street Commercial office Recreation Commercial
Commercial I Exit 18 Center
Use Table CM CI CI-18 ESC MS NC 0 RC
^ 600 feet �600 feet
from arterial from mrterial
Cannabis
business, on-sile SUP
Consumption
Cannabis SVP
business, reiaif
E. Table 4, entitled "Summary of Allowed Uses in Industrial Districts" is amended as
follows:
Veteran's Field Commercial Light Heavy
Light Industrial Industrial Industrial
Industrial Use Table VF-LI CLI III
Agricultural service use SPR SUP
Commercial Nursery SUP
Section 3. Severability — The invalidity of any clause, sentence, paragraph or
provision of this Local Law shall not invalidate any other clause, sentence, paragraph or part
thereof.
Section 4. Repealer — All Local Laws or Ordinances or parts of Local Laws or
Ordinances in conflict with any part of this Local Law are hereby repealed. In particular, this
Local Law is specifically intended to supersede the amended provisions of the current Town of
Queensbury Zoning Law.
Section 5. Effective Date — This Local Law shall take effect upon filing by the office of
the New York State Secretary of State or as otherwise provided by law.
Note: Language in bold italics is new language to be added;
Language with lifte `I_.,•. .., .4....gh is old language to be deleted.
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