1988 TOWN OF QUEENSBURY ZONING ORDINANCE
j
ORDINANCE #58
EFFECTIVE OCTOBER 1 , 1988
TOWN OF QUEENSBURY
IIIPPTOWN BOARD
Stephen J. Borgos, Supervisor
George Kurosaka, Jr. Ronald S. Montesi, Secretary
Betty C. Monahan Marilyn Potenza
•
PLANNING BOARD
Richard Roberts, Chairman
Peter Cartier Susan Levanowski
Frank DeSantis Victor Macri, Jr.
Joseph S. Dybas Hilda Mann, Secretary
ZONING BOARD OF APPEALS
Theodore Turner, Jr. , Chairman
Gustave Behr Jeffrey Kelley
Susan Goetz, Secretary Michael Muller
Daniel S. Griffin Charles 0. Sicard
• The Town of Queensbury gratefully acknowledges the assistance of the following
individuals in preparation of this document.
COMPREHENSIVE LAND USE ADVISORY COMMITTEE
Joseph Carusone, Chairman
Dorothy Burnham Richard Roberts
Peter Cartier Joan Robertson
Robert L. Eddy Sharron Simmonds
Susan Goetz Marilyn Sommerville
Keith Jablonski Theodore Turner, Jr.
David Kenny
ENVIRONMENTAL SUBCOMMITTEE FOR THE COMPREHENSIVE LAND USE PLAN
William Morton
Mary Arthur Bebee
• Stanley Yugartis
- JJ
TABLE OF CONTENTS
Page
Article 1. Introductory Provisions 1
• 2. General Provisions 2
3. Zoning Maps 33
4. Zoning Districts & Regulations 35
5. Site Plan Review 63
6. Regional Project Review 70
7. Supplementary Regulations 72
8. General Exceptions 95
9. Nonconforming Uses & Structures 96
10. Variances 98
11. Amendments 102
12. Administrative Provisions 103
13. Enforcement 107
14. Cluster Provisions 109
15. Planned Unit Development 111
16. Repealer 118
17. Severability 118
18. Effective Date 118
APPENDIX
• A. Class A. Regional Projects
B. Class B. Regional Projects
•
C. Regional Project Review Criteria
ARTICLE 1
INTRODUCTORY PROVISIONS
Section 1.010 Short Title. This Ordinance shall be known as the Town of
Queensbury Zoning Ordinance. The Town of Queensbury is hereinafter
referred to as the Town.
•
Section 1.020 Authority. Enactment of this Ordinance by the Town is pursuant
to Article 16 of the Town Law of the State of New York and Article 27
of the Executive Law of the State of New York.
Section 1.030 Purpose and Objective of the Ordinance. The purpose of this
Ordinance is to promote the health, safety, and general welfare of the
community, provide for variety of housing opportunities and densities
and protect the property values and aesthetics of the community by
channeling and directing growth, and by regulating and restricting the
height, number of stories and size of buildings and other structures,
the percentage of lot that may be occupied, the size of the yard,
courts and other open spaces, the density of population and the
location and use of buildings, structures and land for trade, industry,
residence and other purposes, to the maximum extent permissible within
the proper exercise of the police power as delegated by the Town Law.
It is the further purpose and objective of this Ordinance to insure
• optimum overall conservation, protection, development and use of the
unique scenic, aesthetic, wildlife, recreational, open space, historic,
ecological and natural resources of the Town (and to satisfy the
criteria for approval by the Adirondack Park Agency of a local land use
program pursuant to Section 807 (2) of the Adirondack Park Agency Act),
for the area of the Town within the Adirondack Park.
Section 1.040 Zoning Board of Appeals. Pursuant to Section 267 of the Town
Law, the Town of Queensbury has created a "Zoning Board of Appeals"
consisting of seven (7) members appointed by the Town Board in such
manner and for such term as provided in Town Laws. The Zoning Board of
Appeals shall have all the powers and perform all the duties prescribed
by Statute and by this Ordinance. The Zoning Board of Appeals shall
have appellate jurisdiction for all matters pertaining to this Zoning
Ordinance.
Section 1.050 Planning Board. Pursuant to Section 271 of Town Law, the Town of
Queensbury has created a "Planning Board". Said Board consists of seven
(7) members appointed by the Town Board in such manner and for such terms as
provided in the Town Laws. The Planning Board shall have all the powers and
perform all the duties prescribed by Statute and by this Ordinance. The
• Planning Board shall have original jurisdiction for all matters pertaining
to this Zoning Ordinance pursuant to Section 274A of the Town Law - Site
Plan Review.
End of Article 1
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ARTICLE 2
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GENERAL PROVISIONS
Section 2.010 Applicability to Land Use or Development Within the Town. No land use
or development shall be undertaken or maintained except in conformity with
all provisions contained in this Ordinance relating to both the zoning
district and the land use area in which the land, water, site, structure or 410.
use is located, or is proposed to be located, and in conformity with the
permit requirements of Section 12.070 and 12.071, if applicable. Where this
Ordinance is more restrictive than covenants or agreements between parties or
other plans or other rules or regulations or ordinances or the Adirondack
Park Agency Act, the provisions of this Ordinance shall control.
Section 2.011 Authority of the Adirondack Park Agency. Nothing in this Ordinance
shall be deemed to supersede, alter, enlarge, or impair the jurisdiction of
the Adirondack Park Agency, pursuant to the Adirondack Park Agency Act, to
review and approve, approve subject to conditions, and disapprove those land
uses and developments and subdivisions of land defined therein as Class A
Regional Projects, or otherwise to supersede, alter or impair the statutory
function, duties and responsibilities of the Agency with regard to matters
involving a town in which an Agency-approved local land use program has been
validly adopted or enacted. Provided that, the Adirondack Park Agency
cannot, in the context of its Class A Regional Project review, override a
local decision not to permit a given land use or development.
Section 2.020 Definitions.
A. For the purpose of this Zoning Ordinance and the Subdivision Regulations,
words used in present tense include the future, the plural includes the
singular, the word "lot" includes the word "plot", the word "building"
includes the word "structure", the word "shall" is intended to be
mandatory, the word "occupied" include the words "designed and occupancy"
or "intended to be occupied".
B. As used in this Ordinance, or in the Appendices thereto, unless the
context otherwise requires:
1. "Accessory Use" means a use customarily incidental and subordinate to
the character of the permitted principal use or principal building,
and is located on the same lot and within the same zoning district
with such permitted principal use or principal building. However, an
accessory use is allowed in two or more contiguous zoning districts
provided that both the principal use or principal building and the
accessory use is permitted in each of those zones. The term does not
include housekeeping cottages.
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2. "Accessory Use Structure" means any building or structure affixed to
M land or a portion of a main structure or any movable structure in
. excess of 100 square feet that is located within a required shoreline
setback, and is incidental and subordinate to and associated with a
permitted principal use.
3. "Adirondack Park" or "Park" means land lying within the area
4111 described in subdivision 1 of Section 9.0101 of the Environmental
Conservation Law of the State of New York including any future
amendments thereto.
4. "Adirondack Park Agency", "APA" or "Agency" means the Adirondack Park
Agency created by Section 803 of Article 27 of the Executive Law of
the State of New York.
5. "Adirondack Park Agency Act" means Article 27 of the Executive Law of
the State of New York including any future amendments thereto.
6. "Agricultural Service Use" means any milk processing plant, feed
storage supply facility, farm machinery or equipment sales and
service facility; storage and processing facility for fruits, vege-
tables and other agricultural products or similar use directly and
customarily related to the supply and service of an agricultural use.
7. "Agricultural Use" means any management of any land for agriculture;
raising of cows, horses, pigs, poultry, and/or other livestock, truck
gardens, horticulture 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.
8. "Agricultural Use Structure" means any building or structure directly
and customarily associated with agricultural use.
9. "Alteration" as applied to a building or structure - means a change
or rearrangement in the structural parts or in the existing facil-
ities, or an enlargement, whether by extending on a side or by
increasing in height, or the moving from one location or position to
another.
10. "Amusement Center" means an indoor or outdoor facility, which may
include structures and buildings, where there are various devices for
entertainment, including rides and booths for the conduct of games
and buildings for shows and entertainment.
11. "Animal Husbandry" means a branch of agriculture concerned with the
production and care of domestic animals including veterinarian
• activities.
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12. "Apartment House" means a building arranged in single dwelling units,
and intended or designed to be occupied by three or more families
living independently of each other which may or may not have common
services and entrances, of which units are rented.
13. "Area, Ground Floor" means the total areas taken on a horizontal
plane at the main grade level of the principal building, exclusive of.
uncovered porches, terraces, and steps. •
14. "Area, Land" means the total area within the property lines,
excluding the external streets.
15. "Area Regulations" means the regulation of building size, setbacks or
yards, parking and loading requirements, or similar regulations which
are not related to a specific land use, but excluding performance
standards.
16. "Asphalt Plant" means a facility where oil products, stone, and/or
sand are assembled to produce asphaltic material and may include sand
and gravel processing activities.
17. "Assembly Plant" means a facility where products or articles are
assembled and said goods or services are consumed or used at another
location.
18. "Auto Body Repair Shop" means a service business for the repair of
the body or frame of an automobile including painting, straightening, II hi
sanding, and welding.
19. "Auto Repair Shop" means a service business for the repair and
maintenance of automobiles and other small vehicles and motors.
20. "Automotive, Auto, Motor Vehicle" means any use pertaining to motor
vehicles excluding trucks weighing over one and one-half tons, and
other heavy machinery. Auto or Automotive may be used to describe
Auto Body Shop, Automobile Services Station, etc.
21. "Bar" - See "Tavern".
22. "Barber Shop" means a service business where a person's hair is cut.
23. "Barn" means a structure which is principal to agricultural uses and
which is used for the housing of animals, such as horses, chickens,
cows, pigs, or their food and forage, such as hay, grains, straw, and
equipment used to implement the agricultural use, such as a tractor,
manure spreader, planter, etc., as an accessory use.
24. "Beauty Shop" means a service business where a person's hair is cut •
and other cosmetic services are provided.
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25. "Bed and Breakfast Facility" means bed and breakfast facility which
is not a hotel or motel, but rather is a dwelling in which overnight
accommodations for a maximum stay of one week and breakfast only are
provided or offered for transient guests for compensation. Such use
is secondary to the occupancy of the dwelling by a family.
26. "Berm" - means a small hillock or raise in grade generally high
• enough to visually screen headlights from automobiles or trucks on
adjacent properties or to reduce sound levels between adjacent
properties.
27. "Berths" means the place where a vessel lies when at anchor or at a
wharf.
28. "Boat Storage, Private" means a place, site or structure used to
park, house or store on any one lot, three (3) or less vessels,
excepting canoes, rowboats and sailboats under eighteen (18) feet
owned by property owner.
29. "Boat Storage, Commercial" means a place, site or structure used to
park, house or store on any one lot, more than three (3) vessels,
excepting canoes, rowboats or sailboats under eighteen (18) feet
• including any rental of private residential docks.
30. "Boathouse" means a structure which has direct access to a body of
• navigable water and (1) is used for the storage of vessels and
associated equipment and (2) does not have bathroom or kitchen
facilities and is not designed or used for lodging or residency.
31. "Bond or Letter of Credit" means a written agreement issued by a
q ualified
ag ent or banking organization which guarantees either the
performance of a certain agreed upon activity or an equivalent
consideration if the activity is not completed as required.
32. "Buffer Zone" means an unpaved, natural area without buildings
designed to reduce the possibility of adverse impact on land or water
quality and/or conflicts of land use between two (2) or more areas.
No parking or storage of vehicles of any kind or objects associated
with the use of the property is permitted. When not inhabited with
natural woody plants (ie. trees and shrubs) sufficient to visually
screen adjoining uses or zones, such buffer area shall be planted,
regraded, and/or fenced as approved by the Queensbury Beautification
Committee.
33. "Building" means any structure which is permanently affixed to the
land, is covered by a roof supported by columns or by walls, and
• intended for shelter, housing or enclosure of persons, animals or
chattels. (See "Structure")
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34. "Building Height" means the vertical distance measured from the
lowest portion of the natural grade of the building site coverage by
the building or finished grade of cut required to accommodate the
building to the highest point of the structure.
35. "Building Inspector" means an individual empowered by the Town to
administer the provisions of these Regulations except as specified
otherwise herein. •
36. "Building Line" means a line formed by the intersection of a
horizontal plane of average grade level and a vertical plane that
coincides with the exterior surface of the building on any side. In
the case of a cantilevered section of a building the vertical plane
will coincide with the most projected surface. All yard requirements
are measured to the building line. (See "Setback")
37. "Building Supply/Lumber Yard" means a general business where building
supplies are sold either wholesale or retail including the storage of
such supplies.
38. "Bulk Regulations" means standards that control the height, mass area
and location of structures.
• 39. "Camp" means any land, including any building thereon, used for any
assembly of persons for what is commonly known as "camp" purposes,
whether or not conducted for profit and whether or not occupied by
. adults or by children, either as individuals, families, or groups.
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40. "Campground" means any area designated for transient occupancy by
camping in tents, camp trailers, motor homes, truck cap campers, or
pickup campers or similar facility designated for temporary shelter.
41. "Campsite" means an individual site designed to accommodate
transient occupancy by camping in a tent, camp trailer, motor home,
truck cap camper or pickup camper or similar temporary shelter.
42. "Canopy" means a permanent rootlike structure either free standing or
connected to a principal building or accessory building. Such struc-
ture shall be set back from adjoining property line in accordance
with the requirements established for principal buildings in the zone
in which said canopy is located.
43. "Car Wash" means a service business where automobiles are cleaned and
products are not generally sold.
44. "Cemetery" means a burial place or ground operated and maintained by
a church or a governmental agency which can include a crematorium and
above ground storage vaults.
III
45. "Central Private Utility" means a sewage or water system which serves
a subdivision and which is paid for with non-public funds and without
special district taxation.
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46. "Chemical Processing" means an operation involving treatment of or
. with chemicals in the manufacturing process.
47. "Church" means a building for public worship including a synagogue or
mosque.
48. "Class A Regional Project" means a land use or development which is
• classified and defined as such in Appendix A of this Ordinance, and
Section 810 (1) of the APA Act. Only applicable within the
Adirondack Park.
49. "Class B Regional Project" means a land use or development which is
classified and defined in Article 6 and Appendix B of this Ordinance,
and Section 810 (2) of the APA Act. Only applicable within the
Adirondack Park.
50. "Class A Regional Subdivision" means a subdivision which is
classified and defined as such in the Town Subdivision Regulations.
Only applicable within Adirondack Park.
51. "Class B Regional Subdivision" means a subdivision which is
classified and defined as such in the Town Subdivision Regulations.
Only applicable within Adirondack Park.
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52. "Clearcutting" means the cuttin o trees
over the
entire area of the cutting.
53. "Clothing Apparel Store" means a retail business where clothing and/
or shoes are sold.
54. "Club" means an organization catering exclusively to members and
their guests, or premises and buildings for recreational or athletic
purposes, which are not conducted primarily for gain, providing there
are not conducted any vending stands, merchandising or commercial
activities, except as required for the membership and purposes of
such club.
55. "Cluster Development" means a planned development in which the lots
are plotted with less than the minimum lot size and dimensional
requirements, but which have access to common open space which is a
part of the overall development plan.
56. "Commercial Recreation Use" means any use involving the provision of
recreation facilities or activities for a fee.
57. "Commercial Sand and Gravel Eactroction" means any extraction from the
• land of more than fifty (50) cubic yards in any two year period of
sand, gravel or topsoil (1) for the purpose of sale or use by persons
other than the owner of the land, or (2) for the purpose of use by
any municipality. (See "Excavation", "Mineral Extraction", "Private
•
Sand, Gravel or Topsoil Extraction")
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58. "Commercial Use" means any use involving the sale or rental or
distribution of goods, services or commodities, either retail or
wholesale, or the provision of recreation facilities or activities
for a fee. The term shall include but not be limited to the
following: drive-in restaurant, fast food operation; filling
station; public garage; restaurant; retail store; retail stand and
tavern.
59. "Commercial Use, Transient and/or Temporary" means any commercial use •
where retail display is principally outdoors such as sidewalk sales
or within temporary structures including tents. Said use is typically
seasonal, not a principal part of a commercial establishment,
operating from the same site and facility year-round. Such use shall
not include community based religious or civic groups or
organizations.
60. "Common Facilities" means complementary structures and/or
improvements located on a common open space appropriate for the
benefit and enjoyment of the space by the public or members of the
controlling association or condominium.
61. "Common Open Space" means a parcel or parcels of land or an area of
water, or a combination of land and water designated and intended for
the private or public use of enjoyment of the space and may include
such appurtenant structures that are necessary to allow the enjoyment
of the space.
62. "Condominium Development" means a project or individual single family IIII
dwelling units which may consist of one, a part, or more than one
structure wherein the dwelling units are individually owned, each
owner holding a title thereto, while retaining together with all the
other owners of units in the project, an undivided interest in the
common facilities and areas of the buildings and ground which are
used by all the residents, through an offering prospectus. All
condominium developments shall be reviewed as a subdivision.
63. "Condominium Unit" means an individual single family dwelling unit
within a condominium development.
64. "Construction Companies" means businesses related to the construction
trade including, but not limited to paving companies, brick layers,
septic tank, cleaning companies, well drillers, installation and
building companies and similar businesses where machinery equipment,
supplies, and materials are stored and maintained for use or
installation at another location.
65. "Construction Plan" means the drawings showing location, profile and •
size of sewers, drains, water mains, pavements, and other details of
construction as specified in the Subdivision Regulations.
66. "Continuous Crib Wharf" means any wharf which is supported along its
entire length by cribbing.
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67. "Contractual Access" means the right of a non-resident of a parcel
or lot to use such parcel or lot as a means to utilize some feature
or resource where said right is granted to a non-resident through
membership in an organization or club or by legal contract or deed
stipulation.
68. "Convention Center" means a facility offering meeting rooms and
• providing support activities to those meeting rooms such as food
preparation and not including lodging.
69. "Crosswalk or Walkway" means an accessway designed for pedestrian
traffic and dedicated to public use.
70. "Cul-De-Sac" means minor streets with one end open for public access
and the other terminating in a vehicular turn-around or also "deadend
street".
71. "Day Care Center" means a site, building, or place designed and/or
operated to provide day care and/or instruction for four (4) or more
persons and operated on a regular basis for a fee.
72. "Diner" - See "Restaurant".
73. "Distribution Plant" means a facility used to disperse products or
articles to another location.
74. "Dock" means any structure, whether affixed or floating, placed in or
upon a lake, pond, river, stream or brook and which provides a berth
for watercraft and/or a means of pedestrian access to and from the
shoreline. This shall include boathouses, piers, wharfs, crib docks,
stake docks, floating docks and all such similar structures.
75. "Dock Commercial" means a dock or portion of a dock generally
connected to the uplands which accommodates more than three (3)
vessels, excepting canoes or rowboats and sailboats under eighteen
(18' ) feet.
76. "Dock Private" means a wharf or portion of a wharf extending along
the shore and generally connected to the uplands which accommodates
up to three (3) vessels, owned by the property owner, excepting
canoes and rowboats and sailboats under eighteen (18' ) feet.
77. "Dockominium Facility" means a multi-boat slip docking facility in
which each boat slip is individually owned. Up to a total of three
(3) boats it shall be a private dock.
• 78. "Dock Repair" means normal maintenance or replacement of up to
seventy-five (75%) percent of the total dock area. See Section 7.011
Shoreline Regulations.
79. "Dock Replacement" means replacement of a dock to the extent greater
. than seventy-five (75%) percent. See Section 7.011 Shoreline
Regulations.
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80. "Drive-In Restaurant" means a place where food or non-alcoholic
beverages are served or sold for consumption outdoors or in vehicles,
or where food is purchased at a counter for consumption indoors.
81. "Drug Store" means a retail business where medicines and
miscellaneous articles are sold. See "Pharmacy".
82. "Duplex or Dwelling, Two-Family" means a detached building containing •
two (2) dwelling units.
83. "Dwelling, Seasonal" means one dwelling unit not used for permanent
residence and not occupied for more than six (6) months in each
year.
84. "Dwelling Unit" means a building or portion thereof providing
complete housekeeping facilities for one family.
85. "Easement" means deeded authorization by a property owner for the use
of any part of his property.
86. "Electric Power Plant" means a private power generating facility.
87. "Enclosed Batch Plant" means a building which houses machinery which
mixes materials to produce concrete. All such processes including
coveying of materials shall be inside said building.
88. "Erosion" means the wearing away of the land surface by rain, flowing
water, wind or other geological, or mechanical chemical agents.
89. "Essential Public Services" means services by public utilities or
governmental agencies of gas, steam, sewer, electric, telephone, or
water transmission or distribution systems.
90. "Excavation" means any extraction from the land of more than twenty
(20) cubic yards of sand, gravel, clay, shale, rock, topsoil or other
natural mineral deposits. (See "Commercial Sand and Gravel
Extraction")
91. "Expansion" means any growth of activity which requires the
enlargement of facilities including building, parking spaces, storage
yard or any other facilities which are required to accommodate such
growth.
92. "Family" means one or more persons occupying the premises and living
as a single housekeeping unit, as distinguished from a group occupying
a boarding house, lodging house, club, fraternity, or hotel.
93. "Farm" means any parcel of land used for agricultural or •
silviculture use including any structure, building or residence which
is incidental to the permitted use.
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94. "Fence" means a barrier consisting of material(s) assembled
constructed or erected at a fixed location on the ground or attached
to the ground. "Fence" does not include a hedge or similar barrier
composed of growing vegetation, or a manmade berm.
95. "Filling Station" means a lot occupied or used for the sale of oil or
other motor fuel, lubricants, tires, and accessories for motor
• vehicles, including facilities for greasing, washing, cleaning,
polishing or otherwise servicing vehicles, but not including painting
or major repairing thereof.
96. "Firing Range" means a facility either out of doors or within a
building which is designed to accommodate the discharge of fire arms
and usually includes targets or skeet launchers.
97. "Floor Area, Gross Floor Area" means:
A. Residential - The area in square feet within the exterior walls
of a dwelling unit, not including attached garages, porches,
decks, etc.
B. Commercial, Industrial - The total area in square feet within the
exterior walls of a building or structure, and when applicable,
the sum total of all floor areas of the principal and accessory
buildings or structures under single ownership or business.
98. "Food Shop" means a self-service retail operation offering a variety
of food goods for sale to the general public.
99. "Forestry Use" means any management, including logging, or a forest,
woodland or plantation and related research and educational
activities, including the construction, alteration or maintenance of
woodroads, skidways, landing, fences and forest drainage systems.
100. "Forest Use Structure" means any barn, shed, garage, research,
educational or administrative building or cabin directly and
customarily associated with forestry use.
101. "Fraternal Organization" - See "Club".
102. "Fuel Supply/Fuel Depot" means a facility which temporarily stores
gasoline products for distribution to off-site locations.
103. "Funeral Home" means a building used for the preparation of the
deceased for burial and the display of the deceased and ceremonies
connected therewith before burial or cremation.
• 104. "Game Preserve" means a land area used for the protection of
wildlife, usually because of its unique natural character, which
provides habitat, food or shelter for wildlife.
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105. "Garage, Private Parking" means an accessory building or structure,
attached or detached, used primarily to shelter no more than three
(3) automobiles; and provided that such garage maybe used to shelter
only one (1) commercial vehicle, but in no event shall such
commercial vehicle exceed one and one-half (1 1/2) ton capacity. No
business, occupations, or service for profit shall be conducted
therein and such garage shall not exceed 900 SF in area. ' See
"Parking Area, Private". •
106. "Garage, Public" means any garage other than a private garage which
is used for the storage of motor vehicles.
107. "Gasoline Station" means a retail business where gasoline oil
products are sold, not including repair or maintenance of vehicles.
108. "Golf Course" means an area or course for playing golf, consisting of
at least nine (9) holes, except miniature golf, within which the
playing area is not artificially illuminated.
109. "Greenhouse, Commercial" means a building in excess of three hundred
(300) square feet whose roof and sides are made largely of glass or
other transparent or translucent material and in which the
temperature and humidity can be regulated for the cultivation of
delicate or out-of-season plants for subsequent sale or personal
enjoyment.
• 110. "Greenhouse, Private" means a structure whose roof and sides are made
largely of glass or other transparent or translucent material and III
used for personal enjoyment and whose are is three hundred (300)
square feet or less.
111 . "Grocery Store" - See "Food Shop".
112. "Group Camp" means any land or facility for housing and
recreational, educational or business related use by private groups
or semi-public groups, such as boy or girl scout camp, fraternal
lodge or university or college conference center. (See "Camp")
113. "Hall" See "Convention Center".
114. "Hardware Store" means a retail business where tools, utensils, parts
of machines, fittings and other similar items are sold.
115. "Health-Related Facility" means a building or site used for the
treatment of illness, disease, injury, deformity and other abnormal
physical or mental condition, including rehabilitation activities and
which is operated by individuals in the health industry licensed by
the State of New York. •
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116. "Heavy Equipment Sales" means the retail sales and service of trucks
IP over one and one-half tons, tractors, construction equipment and
other heavy machinery, vehicles or motors.
117. "Heavy Equipment Storage" means the exterior or interior storage and
maintenance of large operational equipment such as trucks,
bulldozers, backhoes, engines, compressors, and other similar
• machinery for use on another lot.
118. "Heavy Machinery Repair Facility" means a service business where
heavy machinery and equipment is maintained and repaired, not
including sales.
119. "Historic Area" means a district or zone designated by a local
authority, State or Federal Government within which the buildings,
structures, appurtenances and places are of basic and vital importance
because of their unique architectural style and scale, including
color, proportion, form and architectural detail, or because of their
being a part of or related to a square, park, or area, the design or
general arrangement of which should be preserved and/or developed
according to a fixed plan based on cultural, historical or
architectural motives or purposes.
120. "Historical Building" means any building or structure which is
historically or architecturally significant.
III 121. "Home Occupation" means a domestic or service activity carried on by
members of a family residing on the premises, but excluding beauty
shops, barber shops, music schools, convalescent or nursing homes,
tourist homes, massage or other establishments offering services to
the general public, and provided that there are no signs nor any
display that will indicate from the exterior of the building that it
is being utilized, in whole or in part, for any purpose other than
that of a dwelling; providing also, that there is no stock in trade
or commodity sold upon the premises, not more than one person is
employed other than a member of the family residing on the premises,
and no mechanical equipment is used except such as is customary for
purely domestic or household purposes. The keeping of not more than
two roomers or boarders shall be considered a permitted home
occupation. Also, small scale crafters such as knitting, sewing,
wood-working and artwork shall be appropriate uses.
122. "Home Owners Association" means a contract agreed to by owners of
homes in an area that provides regulations for the operation and
maintenance of commonly owned facilities and/or open space.
123. "Hospital" means an institution providing primary health services and
•
medical or surgical care to persons, primarily inpatients, suffering
from illness, disease, injury, deformity and other abnormal physical
or mental conditions, and including, as an integral part of the
institution, related facilities such as laboratories, outpatient
• facilities or training facilities. •
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124. "Hotel" - See Motel
125. "Housekeeping Cottage" means a single detached rental unit for •
transient occupancy.
126. "Hunting and Fishing Cabin" means a cabin, camp or lean-to or other
similar structure designed for occasional occupancy for hunting,
fishing, or similar purposes. •
127. "In Existence" means with respect to any land use or development,
including any structure, that such use or development has been
substantially commenced or completed.
129. "Industrial Use" means any manufacturing, production or assembly of
goods or materials, including any on-site waste disposal area
directly associated with an industrial use. This term includes
junkyards but does not include mineral extractions, private and
commercial sand and gravel extractions, sawmills, chipping mills,
pallet mills and similar wood using facilities.
130. "Infill" means a vacant lot between two other lots where there
already exists a principal building on each.
131. "Intermittent Stream" means a natural occurring stream which carries
water only during the wet season(s) of the year or during heavy rain-
storms and which might be dry for extended periods.
132. "Jewelry Store" means a retail business where jewelry, gems, watches,
crystal and other such items are sold.
133. "Junk Vehicle" means any unregistered, used motor vehicle or vessel,
no longer in condition for legal use on public highways or waterways.
134. "Junkyard" means any open lot or area for the dismantling, storage or
or sale as parts, scrap, or salvage, or more than two (2)
unregistered or wrecked motor vehicles, machinery, scrap metal,
waste papers, rags, used or salvaged building materials or other
discarded materials.
135. "Kennel" means an establishment providing a service for the breeding,
boarding and/or care of dogs, but not necessarily a Veterinary or
Animal Hospital.
136. "Laboratory" means a research facility.
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137. "Land Use Area" means those areas delineated on the official
IIIP Adirondack Park Land Use and Development Plan Map adopted under
Article 27 of the Executive Law of the State of New York and
designated thereon as "Hamlet", "Moderate Intensity Use", "Low
Intensity Use", "Rural Use", "Resource Management", and "Industrial",
and such portions of those areas as are located within the Town of
Queensbury and delineated on the Adirondack Park . Land Use and
• Development Plan Map incorporated by Section 3.30 hereof.
138. "Land Use or Development" or "Use" means any construction or other
activity which materially changes the use or appearance of land or a
structure or the intensity of the use of land or a structure. Land
use and development shall exclude any landscaping or grading which is
not intended to be used in connection with another land use, or
ordinary repairs or maintenance or interior alterations to existing
structures or uses shall also be excluded from the terms land use or
development.
139. "Landclearing" means the excavation, cutting, removal, alteration,
destruction or clearing of perennial or annual vegetation, including
trees, or the disturbance of soil.
140. "Landscape" means all the natural features, such as fields, hills,
forests, water, etc. , that distinguish one part of the earth's
surface from another part, usually that portion of land or territory
which the eye can comprehend in a single view, including all of its
III/ natural characteristics.
141. "Landscape Plan" means a plan of sufficient detail to describe
proposed changes in topography, structures, vegetation and visual
characteristics.
142. "Landscaping" means the act of changing or enhancing the natural
features, a plot, buffer zone, public open space ace or other area or
portion of a lot (often as a beautifying feature of a building or
land use) so as to make said area more attractive, to add visual
screening and/or to provide safety features to assist in protecting
life and property. This may be accomplished by adding lawns, trees,
shrubs, etc. , or through the sculpturing of the terrain, i.e. earth
berms, ponds, walkways, retaining walls, rock outcrops, etc. and/or
installing lights, light poles, flag poles, fences and traffic malls
for the direction of traffic. This does not include any man-made
object that exceeds the maximum height requirement for a structure in
the zone district in which it is located. Landscaping is subject to
approval by the Town of Queensbury Planning Board where site plan
review is required and subject to review by the Adirondack Park
Agency where a project is classified as a Class A or Class B Regional
• Project.
143. "Laundromat" means an establishment providing washing, drying or dry
cleaning machines on the premises for rental use to the general
public for family laundering or dry cleaning purposes.
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144. "Line, Street or Road" means the dividing line between the street
right-of-way line and the lot.
145. "Livery Stable" means a building where horses and vehicles powered by
horses are kept for hire and where stabling of horses is provided.
146. "Loading Facility" means a part of the site or building exclusively
designed for the loading or unloading of merchandise or freight •
including a platform, loading space, or dock area.
147. "Loading Space, Off-Street" means one loading space for merchandise
or freight shall constitute an area not less than twelve (12) feet in
width and thirty (30) feet in length, with a vertical clearance of
fifteen (15) feet or more.
148. "Logging" - See "Timber Harvesting".
149. "Logging Companies" means businesses associated with the harvesting
of timber, logging or other forest management activities where equip-
ment, supplies, machinery, and materials are stored and maintained
for use at another location.
150. "Lot" means a parcel or portion of land separated from other parcels
or portions by description as or a subdivision map, survey map or by
metes and bounds for purpose of sale, lease or separate use.
151. "Lot, Building" means the land occupied or capable of being occupied .
by a building and its accessory buildings, or by a dwelling group and
its accessory buildings, together with such open spaces as are
required under the provisions of this Ordinance, having not less than
the minimum area and width required by this Ordinance for a lot in
the district in which such land is situated, and having its principal
frontage on a street or on such other means of access as may be
adequate as a condition of the issuance of building permit for a
building on such land.
152. "Lot, Corner" means a lot situated at the intersection of two (2) or
more streets or highways.
153. "Lot, Depth" means the mean horizontal distance between the front and
rear lot lines measured along the median between the two (2) side lot
lines.
154. "Lot, Front Line" means the lot line which abuts upon a street or
highway right-of-way boundary, or shoreline if the principal
structure faces such shoreline. (See Shoreline Regulations, Section
7.011)
155. "Lot Line" means the established division line between different •
parcels of property.
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156. "Lot, Rear Line" means the lot line opposite and most distant from
1 1110 the front lot line.
157. "Lot, Through" means an interior lot having frontage on two parallel
or approximately parallel streets.
158. "Lot Width" means the average distance between the side lot lines of
• the lot.
159. "Major Public Utility Use" means any electric power transmission or
distribution line and associated equipment of a rating of more than
fifteen kilovolts which is one mile or more in length; any telephone
interchange or truck cable or feeder cable which is one mile or more
in length; any telephone distribution facility containing twenty-five
(25) or more pairs of wire and designed to service a new residential
subdivision; any television, cable television, radio, telephone or
other communication transmission tower; any pipe or conduit or other
• appurtenance used for the transmission of gas, oil or other fuel
which is one mile or more in length; any electric substation, gener-
ating facility or maintenance building and any water or sewage pipes
or conduits designed to service fifty or more principal buildings.
160. "Manufacturing, Large Scale" means a facility where a process is used
to alter the nature, size or shape of articles or raw materials or
where articles are assembled and where said goods or services are
consumed or used at another location, not including private or com-
mercial sand and gravel extractions.
161. "Manufacturing, Light" means a facility where a process is used to
assemble articles or raw materials where said goods or services are
consumed or used at another location, not including private or com-
mercial sand and gravel extractions.
162. "Marina" means any waterfront facility which provides accommodation
services for vessels by engaging in any of the following:
1) The sale of marine products or services;
2) The sale, lease, rental 'or charter of vessels of any type; or
3) The sale, lease, rental or any other provision of storage, wharf
space, or mooring for vessels not registered to the owner of said
facility, a member of the owner's immediate family, the owner or
lessee of the immediately adjoining upland property, members of
their immediate families, or an overnight guest on said property.
163. "Master Plan" means the officiall y adopted ted Master Plan for the
• development of the Town, which indicates the general location for
physical growth of the community, together with any and all
amendments thereto.
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164. "Meat Shop" means a butcher shop, retail business where meats are
sold, but not including the slaughtering of animals.
165. "Mean High Water Mark" means the average annual high water level.
166. "Mean High Water Mark of Lake George" means the fixed annual mean
high water elevation of 320.2 feet above mean sea level.
167. "Mineral Extraction" means any extraction, other than specimens or
samples from the land of stone, coal, salt, ore, talc, granite, •
petroleum products or other materials, except for commercial sand,
gravel, or topsoil extractions, including the construction,
alteration or maintenance or mine roads, mine tailing piles or dumps
and mine drainage.
168. "Mineral Extraction Structure" means any mine hoist; ore reduction,
concentrating, sintering or similar facilities and equipment,
administrative buildings; garages or other main buildings or
structures.
169. "Mobile Home" means any vehicle or similar portable structure or any
part thereof or addition thereto with or without a foundation or '
wheels, jacks, skirting, wood or masonry block supports, designed or
constructed to be towed on its own chassis (comprised of frame and
wheels), driven or otherwise transported to its resting site and
which is designed to permit occupancy for residential, business,
commercial or office purposes. Such will include units that may.
contain parts that may be folded, collapsed or telescoped when being
towed and expanded later, as well as two or more separate components
designed to be joined into one integral unit but excluding modular
homes. See "Single Family Dwelling".
170. "Mobile Home Court" means a parcel of land planned and improved for
the placement of two or more dependent or other mobile homes for
contiguous occupancy. To conform to Town Ordinance.
171. "Mobile Home Park" means a parcel of land under a single deed
ownership which is designed and improved for the placement of two or
more mobile home units thereof.
172. "Mobile Home, Transient" means mobile home or temporary residence
such as a camp travel trailer or a tent.
173. "Modular Home" means any building comprised of two (2) or more
sections with or without their own chassis, capable of being
transported to their building site and permanently joined into one
integral unit which is indistinguishable in appearance from a
conventionally built home, including, but not limited to, a sloped .
roof and permanent foundation.
174. "Mooring" means any anchor, chain, buoy, pennant, or other object by
which a vessel is secured at one point.
18 •
I175. "Motel, Motor Court (Hotels, Lodges and Inns)" means a building or
buildings which provide lodging. In addition motels and motor courts III may provide cooking facilities in units designated as "housekeeping
units", "housekeeping cabins" or other similar terminology. (See
"Principal Building")
176. "Motor Homes" - See "Travel Vehicles" '
• 177. "Multifunction Department Store" means a retail business where a wide
• variety of goods are arranged in several departments including
restaurants and services such as a beauty shop.
178. "Multiple Family Dwelling" means any building used or designed as a
residence for two (2) or more families, living independently of each
other and doing their own cooking therein, including but not limited
to apartment houses, town house developments, certain condominium
developments and the conversion of existing single family dwellings.
179. "Nonconforming Lot" means any lot lawfully on record on the effective
date of this Ordinance which does not meet the minimum lot area and/
or lot width or depth requirements of this Ordinance for the zoning
1 district in which such lot is situated.
180. "Nonconforming Structure" means any structure which is lawfully in
existence within a given zoning district on the effective date of
this Ordinance but which is not in conformance with the dimensional
regulations for that zoning district.
181. "Nonconforming Use" means any use which is lawfully in existence
within a given zoning district on the effective date of this
Ordinance but which is not an accessory, permissible or conditional
use for that zoning district.
182. "Nonconforming Use" means any use which is in existence within a
given zoning district on the effective date of this Ordinance, but
which is not a permitted, accessory, Type I or Type II use for that
zoning district, as listed in Schedule of Regulations Section 4.020
hereof, or a use for which a use variance had previously been
granted.
183. "Nursery" means land or greenhouses used to raise flowers, shrubs and
plants for sale. (See "Commercial Greenhouse")
184. "Nursing or Convalescent Home" means any building other than a
hospital where persons are housed or lodged and furnished with meals
and nursing care for hire.
• 185. "Office Building" means a building comprised of more than 50% of the
gross floor area used for office space as compared with home
occupation where offices are considered as a secondary or incidental
use.
•
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186. "Open Cribbing" means the placement of crib members in such a manner
that there is vertical spacing between the timbers which provides for
a partial exchange of water through the crib structure itself. IP .
187. "Open Space" means land not covered by buildings, pavement, open
storage, mining operations, or any other use that visually obscures
the natural or improved landscape, except for recreation facilities.
188. "Open Space Recreation Use" means any recreation use particularly
oriented to and utilizing the outdoor character of an area; including
a snowmobile, trail bike, jeep or all-terrain vehicle trail, cross-
country ski trail, hiking and backpacking trail, bicycle trail, horse
trail, playground, picnic area, public park, public beach or similar
use.
189. "Outdoor Athletic Court/Facility" means recreational facilities
oriented toward court games such as tennis, basketball, paddle
tennis, etc. and played out of doors.
190. "Outdoor Sales" means sidewalk sales, tent sales or other temporary
sales activities which is accessory to a principal commercial use
where displays and/or sales does not occur within a principal or
accessory building.
191. "Outpatient Clinic" means a health-related facility which does not
include facilities for overnight care.
192. "Parking Area" means any place, lot, parcel, or yard used in whole or
in part for storing or parking three (3) or more motor vehicles under
the provisions of this Ordinance.
193. "Parking Area, Private" means an open area for all the same uses as a
private parking garage, and subject to the same conditions.
194. "Parking Area, Public" means an open area other than a street or
other public right-of-way, used for the parking of automobiles, and
available to the public.
' 195. "Parking Facility" means a public parking garage or parking area.
• 196. "Parking Space" means for the purpose of these regulations, one
parking space shall constitute an area of 200 square feet of such
shape and vertical clearance so as to accommodate one automobile
having an overall length of 20 feet.
197. "Parking Space, Handicapped" means an oversized parking space
designed to accommodate the handicapped. Such space shall constitute
an area of 240 square feet with a minimum width of 12 feet and having •
an overall length of 20 feet.
20
198. "Pavement" means a compacted surface intended for pedestrian or
. vehicular use, through which drainage is impeded. Surface material
could be compacted sand or gravel, a bituminous compound, concrete or
other material.
199. "Permeable" means ground surface through which water can percolate in
a natural manner. Said ground surface could be undisturbed natural
• terrain or a landscaped area with generally unpaved surfaces.
Foliage increases the permeability of the ground surface.
200. "Permeability, Percent of" means the area of the lot which is not
covered by buildings, structures or non-permeable surfaces divided by
the total area of the lot multiplied by one hundred (100).
201. "Permitted Use" means any use requiring no special action by the
Board of Appeals or site plan review by the Planning Board before a
building permit is granted by the Zoning Administrator, subject to
all other applicable provisions of this Ordinance.
202. "Person" means any individual, corporation, partnership, association,
trustee, the State, and all political subdivisions of the State or
any agency or instrumentality thereof.
203. "Personal Services" means establishments primarily engaged in
providing services involving the care of a person or his or her
apparel.
204. "Pharmacy" means a retail business where medicines are compounded and
dispensed. See "Drug Store".
205. "Physical Therapy Facility" means a health-related facility oriented
to the physical muscular condition of outpatients.
206. "Pier" means a wharf or portion of a wharf extending from the
shoreline with water on both sides.
207. "Pile" means a long slender column usually of timber, steel, or
reinforced concrete driven into the ground vertically to support an
open-type wharf.
208. "Places of Public Assembly" means public buildings, schools, halls,
convention centers, and other spaces and buildings where the general
public may congregate, not including social clubs, sportsmen clubs or
other private clubs.
209. "Planned Unit Development" - See Article 15.
• 210. "Planning Board or Board" means the Planning Board of the Town.
21
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211. "Plat, Final" means the final map of all or a portion of the
subdivision which is presented to the Planning Board for final
approval in accordance with these regulations and which if approved
shall be filed with the County Clerk.
212. "Plat, Preliminary" means a drawing or drawings clearly marked
"Preliminary Plat" showing the salient features of a proposed
subdivision, as specified in these Regulations, submitted to the
Planning Board for purposes of consideration prior to submission of
the Plat in final form and of sufficient detail to apprise the
Planning Board of the layout of the proposed subdivision.
213. "Plat, Sketch or Sketch Plan" means a sketch or a proposed
subdivision showing the information specified in these Regulations to
enable the subdivider to save time and expense in reaching general
agreement with the Planning Board as to the form of the layout and
objectives of these Regulations.
214. "Principal Building" (within the Adirondack Park) means any one of
the following:
(1) A single family dwelling or mobile home constitutes one
principal building;
(2) A tourist cabin or similar structure for the rent or hire
involving three hundred (300) square feet or more of floor apace
constitutes one principal building;
3 Each dwelling unit of a multiple family dwelling, including each
( ) r►g P Y 8
separate dwelling unit used on a time-sharing, leased time or
other similar bases whereby more than one person, group of
persons or family has legal right of occupancy at differing
times, constitutes one principal building;
(4) Each motel unit, hotel unit or similar tourist accommodation
unit which is attached to a similar unit by a party wall, each
accommodation unit of a tourist home or similar structure, and
each tourist cabin or similar structure for rent or hire
involving less than three hundred (300) square feet of floor
space constitutes one-tenth of a principal building;
(5) Each commercial use structure and each industrial use structure
in excess of three hundred (300) square feet constitutes one
principal building, except that for a commercial use structure
which involves the retail sale or rental or distribution of
goods, services or commodities, each eleven thousand (11,000)
square feet of floor space or portion thereof of such commercial
use structure constitutes one principal building;
22
(6) All agricultural use structures and single family dwellings or
mobile homes occupied by a farmer of land in agricultural use,
his employees engaged in such use and members of their respective
immediate families, will together constitute and count as one
principal building;
(7) Any other structure which exceeds twelve hundred fifty (1,250)
• square feet of floor space constitutes one principal building;
(8) A structure containing a commercial use which is also used as a
single family dwelling constitutes one principal building.
An accessory structure does not constitute a principal building.
215. "Principal Building" (outside the Adirondack Park) means the building
in which the principal use is conducted.
216. "Principal Use" means the main or primary purpose for which land or a
building is used or occupied or maintained. When more than one use
is on a lot, the more or most intense use shall be considered the
main or primary use.
217. "Private Horse Stable" means a stable not to exceed the occupancy of
four (4) horses.
218. "Private Sand, Gravel or Topsoil Extraction" means any extraction
• from the land of sand, gravel or topsoil for the purpose of use, but
not sale, by the owner of the land, or any extraction for the purpose
of sale of less than fifty (50) cubic yards in any two-year period.
(See "Commercial Sand and Gravel Extraction")
219. "Private Wharf or Private Mooring" means a privately owned wharf or
mooring which is not used for commercial purposes and is not rented.
220. "Produce Stand, Permanent" means a structure designed for the sale of
farm products such as fruits, vegetables and flowers produced by the
owner of the lot on which such stand is located.
221. "Produce Stand, Portable" means a structure designed for seasonal use
and sale of farm products such as fruits, vegetables and flowers
produced by the owner of the lot on which such stand is located which
must be removed when not in use during the off-seasons.
222. "Professional Occupation" means one who is engaged in professional
services including, but not limited to, all members of the field of
medicine, a lawyer, architect, engineer, surveyor, licensed
• beautician or barber, real estate broker, accountant.
223. "Professional Office" means an office used to conduct a professional
occupation.
• g
224. "Public Meeting Area" - See "Convention Center". •
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225. "Public Right-of-Way" means a parcel of land in public ownership open
to the public for vehicular or pedestrian access. (See "Street")
226. "Public or Semi-Public Building" means any component building or a
college, school, hospital, animal hospital, library, place of
worship, museum, research center, rehabilitation center, or similar
facility or a municipal building.
227. "Public Utility Use" means any public utility use, equipment or •
structure which is not a major public utility use. A public utility
use does not include any use which is subject to the jurisdiction of
the Public Service Commission pursuant to Article Seven or Eight of
the Public Service Law.
228. "Quick Launch Facility" means a commercial facility, located within a
marina, where vessels are stored, launched and stored again
individually for periods of less than one week at a time.
229. "Radio/Television Station" means a facility designed to transmit
television, radio, satellite or other electromagnetic energy signals
for a fee or as a commercial activity.
230. "Railroad Facility, Repair and Service" means a railroad yard or
building where railroad equipment is stored, repaired or maintained.
231. "Recreation Center and Lodge" means any recreation-oriented facility
particularly oriented to and utilizing the outdoor character of an
area which does not depend on amusement devices or rides. These
recreational uses may include a snowmobile trail, cross-country ski
trail, hiking and backpacking trail, bicycle trail and horse trail,
as well as playground, picnic area, public park, and public beach for
activities such as soccer, baseball, football, tennis and water-
related activities.
232. "Recreational Facilities, Commercial" means recreational facilities
open to the general public for private gain.
233. "Recreational Facilities, Private" means recreational facilities
supplemental to a principal use, for the utilization of proprietors
and guests, and excluding any use which is open to the public for a
charge.
234. "Regional Subdivision" applies to any subdivision wholly or partially
within the Adirondack Park and means any Class A Regional Subdivision
or Class B Regional Subdivision defined Appendices A and B.
235. "Regional Subdivision, Class A" means a subdivision which is 1111 classified as a Class A Regional Project in Section 810 of the
Adirondack Park Agency Act, as set out in Appendix A.
24
236. "Regional Subdivision, Class B" means a subdivision which is
11 III/ classified as a Class B Regional Project in Section 810 of the
Adirondack Park Agency Act and set out in Appendix B.
237. "Required Improvements" means any activities or improvements required .
by these Regulations, except as may be waived by the Planning Board,
including but not limited to, streets and roads, utility
III installations, road ditches, drainage facilities and culverts,
monuments and revegetation operations.
238. "Research Operation" - See "Laboratory".
239. "Restaurant" means a place for the preparation, serving and
consuming, indoors, of food and beverages other than a tavern.
1
240. "Restaurant, Fast Food" means an establishment whose principal
business is the sale of pre-prepared or rapidly prepared food/meals
directly to the customer in a ready-to-consume state for consumption
either within the restaurant or off premises.
241. "Retail Business" means the offering, for a fee, of goods and
merchandise, excluding restaurants, to the general public and where
the providing of services is clearly incidental to the sale of such
goods or merchandise.
242. "Retail Stand" means a place where goods or products are rented or
III sold outdoors.
243. "Retaining Wall" means a wall to maintain differences in ground
elevation by holding back a bank of material.
244. "Riding Academy" means any establishment where horses are kept for
riding, driving, or stabling for compensation or incidental to the
operation of any club, association, ranch or similar establishment.
245. "Riding Stables" means a place, site or building used for the housing
care and riding of horses or other animals.
246. "Runoff" means that portion of the precipitation, rain and/or
snowmelt that cannot be absorbed by the soil within a drainage area,
that is discharged from the area in water channels, either natural,
as a stream, or manmade. Types of runoff include surface,
groundwater, snowmelt, stormwater and or seepage.
247. "Sand and Gravel Processing" means the crushing, sifting and
screening of sands and gravels where said goods are consumed or used
at another location.
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1 ID 25
4
248. "Satellite Receiving Antenna" means any apparatus or device, commonly
known as an earth terminal antenna, earth terminal, earth station,
satellite communications antenna, satellite antenna, microwave dish
antenna, or dish antenna, and including as part of such apparatus or
device, the main reflector, subreflector feed, amplifier and support
structure, which is designed for the purpose of transmitting and/or
receiving microwave, television, radio, satellite, or other
electromagnetic energy signals into or from space, but does not
include conventional television, radio and amateur radio antennas.
249. "Sawmill" means any building, site or place used for the cutting or
milling of raw timber into dimensional lumber.
250. "School" means an institution housing a curriculum, a plant
consisting of adequate facilities, a qualified staff to carry out its
objectives.
251. "Screening" means foliage, berms, trees, shrubs or landscaped
natural materials and plants which obscure the visual character and
suppress the noise of any given building or use of land. Where
natural plant material is not practical, fences and/or other
artificial material may be partially or totally substituted according
to individual site conditions.
252. "Seasonal Building" means a structure designed to be used on a
seasonal basis by virtue of its construction, or the design or
construction, or the design or construction of the infrastructure
servicing of building.
253. "Seasonal Use" means a use which occupies continually a building or
site for less than nine months of the year.
254. "Sediment" means erodent soil particles which are transported by wind
or water.
255. "Sedimentation" means the process by which sediment is deposited in
streams or lake bottoms.
256. "Selective Tree Cutting" means the removal of single or scattered
trees of any size, resulting in the appearance of the land area as
not having been substantially disturbed.
257. "SEQRA" means the State Environmental Quality Review Act: a process
that introduces the consideration of environmental factors into the
early planning stages of actions in order to avoid adverse impacts on
the environment.
258. "Service District" means any private or public entity which provides •
a public service to residents of all or any part of the Town to
include, among others, fire departments, water districts and sewer
districts.
26
259. "Setback" means the established line beyond which no partof a
building shall extend. (See "Building Line")
• 260. "Shopping Mall/Plaza" means a building or buildings located on one
lot containing numerous businesses, services and/or restaurants and
accessory uses related to those businesses.
• 261. "Shoreline" means the high water mark at which land adjoins the
waters of lakes, ponds, rivers and streams within the Town.
262. "Shoreline Building Setback" means the shortest distance, measured
horizontally, between any point of a building and the shoreline of
any lake, pond or the shorelines of any brook or stream within the
Town.
263. "Shoreline Building Setback" means the shortest distance measured
horizontally, between any point of a principal building or accessory
structure in excess of one hundred (100) square feet in size (except
docks and boathouses) and the shoreline of any lake or pond, or any
river or stream navigable by boat, including canoe.
264. "Shoreline Lot Width" means the distance, measured along the shore-
line, as it weaves and turns between the boundary lines of a lot as
they intersect the shoreline of any lake or pond or any river or
stream navigable by boat, including canoe.
. 265. "Sign" shall mean and include every sign billboard, free-standing
sign, portable free-standing sign, wall sign, window sign, illumi-
nated sign, and temporary sign, and shall include any announcement,
declaration, demonstration, device, display illustration, or insignia
used to advertise or promote the interest of any business commercial
enterprises when the same is placed on the premises on which the
businesses are conducted so that it is clearly visible to the general
public from an out-of-doors position.
266. "Single Family Dwelling" means a building, not including a mobile
home of one or more stories of height above the main grade level,
which is designed or used exclusively as the living quarters for one
family, whether seasonal or year round.
267. "Ski Center" means any trail or slope for Alpine (downhill) and/or
Nordic (cross-country) skiing including lifts, terminals, base
lodges, warming huts, sheds, garages and maintenance facilities,
parking lots and other buildings and structures directly and
customarily related thereto.
268. "Ski Facility" - See "Ski Center".
•
269. "Slope" means the degree of deviation of a surface from the
horizontal, usually expressed in percent of degrees.
270. "Social Club" - See "Club". •
27
271. "Solid Crib Wharf" means any wharf constructed on fill materials such
that lack of spacing in the fill restricts free exchange of water
from one side of the wharf to the other.
272. "Sports Equipment Store" means a retail business where sports
equipment and clothes and other items are sold.
273. "Sportsmen's Club" - See "Club". •
274. "Stabilization" means the proper placing, grading, and/or covering of
soil, rock or earth to insure their resistance to erosion, sliding or
other movement.
275. "Stationery Store" means a retail business where paper products and
other items are sold..
276. "Storage Shed" means an accessory building used to store materials or
small equipment, not including vehicles, which supports the principal
use of the site.
277. "Storage Yard" means a site and/or buildings where materials,
supplies, personal items are stored.
278. "Storm Drainage System" means all structural works and grounds
alterations, as well as natural drainage patterns, which affect or
regulate the flow of surface drainage, including those used to
intercept, collect and transmit water or to discharge water above or
below ground level.
279. "Street" means a way for vehicular traffic, whether designated as a
street, highway, thoroughfare, parkway, thruway, road, avenue,
boulevard, lane, cul-de-sac, place or however otherwise designated
and includes the entire area within the right-of-way. (See "Public
Right-Of-Way")
280. "Street, Arterial" means a street for through traffic connecting
major land uses primarily for fast or heavy traffic.
281. "Street, Collector" means a street which collects traffic from local
streets and connects with arterials.
282. "Street, Local" means a street which is used primarily for access to
the abutting residential properties.
283. "Street, Marginal" means a street which is parallel to and adjacent
to an arterial street and which provides access to abutting
properties and protection from through traffic. •
284. "Street Pavement/Carriage Way" means the wearing or exposed surface
of the roadway used by vehicular traffic.
•
28
• 285. "Street or Road Grade" means the officially established grade of the
street upon which a lot fronts; or if there is no officially
established grade, the existing grade of the street shall be taken as
the street grade.
286. "Street Width" means the distances between property lines on opposite
sides of the street.
• 287. "Structure" means any object constructed, installed or permanently
placed on land to facilitate land use and development or subdivision
of land, including, but not limited to, buildings, sheds, single
family dwellings, mobile homes, signs, service station pumps, drivein
or drive through islands with or without canopies, all above ground
tanks, and any fixtures, additions and alterations thereto but
excluding animal shelters less than 100 square feet and children's
tree houses and play houses less than 100 square feet. (See
"Building")
288. "Subdivider" means any person, firm, corporation, partnership or
association, or successors in interest to any such parties, who shall
lay out any subdivision or part thereof as defined herein, either for
himself or others.
289. "Subdivision" means a division of any residential, commercial or
industrial land into two (2) or more lots,parcels or sites, whether
adjoining or not, for the purpose of sale, lease, license or any form
of separate ownership or occupancy by any person or by any other
person controlled by, under common control with any such person or
group of persons acting in concert as part of a commons scheme or
plan. Provided however, that this shall not apply to conveyances of
small amounts of land to correct a boundary of a lot so long as such
conveyance does not create additional lots. For the purposes of these
regulations, a condominium shall be reviewed as a subdivision.
290. "Survey" means the determination of the location of land boundaries
and natural and man-made objects, by means of surveying instruments.
291. "Survey Map" means a drawing made to scale based upon survey
measurements showing land boundaries, natural and man-made objects,
made by or under the direction of a New York State Licensed Land
Surveyor.
292. "Surveyor" means a person permitted to act as a land surveyor by the
State of New York.
293. "Swimming Pool" means a structure, either permanent or temporarily
• designed for the purpose of wading or swimming and holding more than
one hundred (100) gallons of water.
294. "Tavern" means a place in which the principal income is derived from
the sale or serving of alcoholic beverages for consumption on the
• premises, with or without live entertainment.
29
c J
295. "Timber Harvesting" means the cutting of trees over six (6) inches in
diameter at 4.5 feet above ground level.
41/1
296. "Tourist Accommodation" means a building or group of buildings,
whether detached or in connected units, used as individual sleeping
or temporary dwelling units, designed for transients and providing
for accessory off-street parking facilities. The term"tourist
accommodations" includes buildings designated as tourist courts,
motor lodges, motels, hotels, bed and breakfast, overnight cabins,
•
housekeeping units and similar facilities.
•
297. "Tourist Attraction" means any man-made or natural place of interest
open to the general public and for which an admittance fee is usually
charged, including but not limited to animal farms, amusement parks,
replicas of real or fictional places, things or people and natural
geological formations.
298. "Town" means the Town of Queensbury in New York State.
299. "Town House" means a dwelling unit which is one of a series of units,
having a common party wall between each adjacent unit, each with
private outside entrance.
300. "Townhouse Development" means a multiple family dwelling project of
individual single family units arranged in a row of at least three
(3) such units each on its own separate lot of record and wherein
each unit has its own front and rear access to the outside, no unit
located over another unit, and each unit is separated from any other
unit by one or more common walls.
301. "Townhouse Unit" means an individual single family dwelling unit
within a townhouse development.
302. "Travel Agency" means a service business where travel arrangements
are made.
303. "Travel Trailer Camp" means a parcel of land which is occupied or
used for the placement of two or more travel trailers, motor homes,
or similar temporary living quarters.
304. "Travel Trailer or Travel Vehicle" means any portable vehicle,
including a tent camper or motor home, which is designed to be
transported on its own wheels, which is designed and intended to be
used for temporary living quarters for travel, recreational or vaca-
tion purposes, and which may or may not include one or all of the
accommodations and facilities customarily included in a mobile home.
305. "Truck Repair Facility" means a service business where large trucks •
are maintained and repaired, not including sales.
306. "Vessel" means every description of watercraft, other than a seaplane,
used or capable of being used as a means of transportation on the •
water. •
30
411/1 307. "Veterinary Clinic" means a facility providing health services and
medical or surgical care to animals suffering from illness, disease,
injury, deformity, and other abnormal conditions including related
facilities such as laboratories with not providing boarding except
for surgery recuperative facilities.
308. "Veterinary Hospital" means a facility providing health services and
4110 medical or surgical care to animals suffering from illness, disease,
injury, deformity, and other abnormal conditions including related
facilities such as laboratories and boarding facilities.
309. "Warehouse" means a building used to temporarily store or hold
products or articles for use in assembly or manufacturing or for
future transmission of said product or article to another location.
310. "Waste Disposal Area" means any area for the disposal of garbage,
refuse and other wastes, including sanitary landfills and dumps,
other than an on-site disposal area directly associated with an
industrial use.
311. "Waste Treatment Site" means any building, structure or area where
sewage is treated.
312. "Watershed Management" or "Flood Control Project" means any dam,
impoundment, dike, rip rap or other structure or channelization or
dredging activity designed to alter or regulate the natural flow or
condition of rivers or streams or the natural level or condition of
lakes or ponds. Any such project for which a permit or approval is
required prior to commencement from the Department of Environmental
Conservation is not a watershed management or flood control project
or a use for the purposes of this Ordinance.
313. "Wetlands" means any land which is annually subject to periodic or
continual inundation by water and commonly referred to as a bog,
swamp or marsh which are either (a) one acre or more in size or (b)
located adjacent to a body of water, including a permanent stream,
with which there is free interchange of water at the surface, in
which case there is no size limitation.
314. "Wharf" means and includes any structure built or maintained for the
purpose of providing a berthing place for vessels.
315. "Wholesale Business" means establishments or places of business pri_
marily engaged in selling merchandise to retailers, to industries,
commercial institutions, or professional business users, or to other
wholesalers; or acting as agents or brokers and buying merchandise
• for, or selling merchandise to such individuals or companies.
316. "Yard" means an open unoccupied space on the same lot with a building
or structure.
•
31
317. "Yard, Front" means a yard that extends the full width of the lot and
is situated between the adjacent highway right-of-way or shoreline
and the front line of the building projected to the side lines of the
lot. The depth of the front yard shall be measured between the front
line of the building and the highway right-of-way line or shoreline.
Covered porches or canopies, whether or not enclosed, shall be
considered as part of the main building and shall not project into a
required front yard.
318. "Yard, Rear" means a yard that extends the full width of the lot and •
is situated between the rear line of the lot and the rear line of the
building projected to the side lines of the lot. The depth of the
rear line of the lot, and the rear line of the building, including
any covered porches or canopies, whether or not enclosed.
319. "Yard, Side" means a yard that is situated between the side line of
the building and the adjacent side line of the lot and extending from
the rear line of the front yard to the front line of the rear yard,
including any covered porches or canopies, whether or not enclosed.
320. "Zoning Administrator" means the individual responsible for over-
seeing and coordinating the administration of the Zoning Ordinance
and Subdivision Regulations.
•
End of Article 2
32 4111
ARTICLE 3
ZONING MAPS
Section 3.010 Town Zoning Map. The boundaries for each zoning district listed as
part of this Ordinance are the boundaries indicated for the zoning district
• by the map entitled "The Town Zoning Map of the Town of Queensbury" dated
with the effective date of this Ordinance which accompanies this, and which
is hereby adopted and declared to be part of this Ordinance, and hereinafter
known as the "Town Zoning Map".
Section 3.020 Interpretation of Zoning District Boundaries. In making a determina-
tion where uncertainty exists as to boundaries of any of the zoning districts
shown on the Zoning Map the district boundaries shown on the tax maps shall
take precedent. The following rules shall apply:
A. Where district boundaries are indicated as approximately following the
centerline line of streets, alleys, highways, or railroads, such lines
shall be construed to be district boundaries.
B. Where district boundaries are indicated as approximately following a
stream, lake or other body of water, such stream, lake or body of water
shall be construed to be such district boundaries (unless otherwise
noted).
C. Where district boundaries are indicated as approximately following lot
lines, such lot lines shall be construed to be said boundaries.
D. Where district boundaries are not indicated as approximately following
the items listed in a), b), and c) above, the boundary line shall be
determined by the use of the zone depth key as designated on the
Zoning Map.
E. Whenever any street, alley or other public way is vacated in the manner
authorized by law, the district adjoining each side of such street, alley
or public way shall be automatically extended to the center of the former
right-of-way and all of the area included in the vacation shall then and
henceforth be subject to all regulations of the extended districts.
F. Building rights may not be transferred from contiguous districts.
G. In the event that none of the above rules are applicable, or in the event
that further clarification or definition is considered necessary or
appropriate, the location of a district boundary shall be determined by
the Zoning Board of Appeals.
•
33
41
Section 3.030 Adirondack Park Land Use and Development Plan Map. The boundaries
within the Town of the land use areas established by the official Adirondack
Park Land Use and Development Plan Map, as may be from time to time amended,
pursuant to Subdivision 2 of Section 805 of the Adirondack Park Agency Act,
are indicated by the separate map entitled "Adirondack Park Land Use and
Development Plan Map of the Town of Queensbury", dated with the effective date
June 11, 1982 which accompanies this Ordinance, and which is hereby adopted
and declared to be part of this Ordinance, and hereafter known as the "Park
Plan Map". Any change of the boundaries within the Town of a land use area by •
an amendment of the official Adirondack Park Land Use and Development Plan Map
pursuant to Subdivision 2 of Section 805 of the Adirondack Park Agency Act
shall take effect for the purposes of this Ordinance concurrently with that
amendment without further action, and the Park Plan Map shall be promptly
changed in accordance with that amendment. The amendment provisions of
Article 11 of this Ordinance do not apply to the Park Plan Map, which is
amended only pursuant to the provisions of the Adirondack Park Agency Act.
Copies of the Park Plan Map which may from time to time be published and
distributed are accurate only as of the date of their printing and shall bear
words to that effect.
•
S
End of Article 3
34 4110
•
lip � ARTICLE 4
ZONING DISTRICTS AND REGULATIONS
Section 4.010 Zoning Districts. The zoning districts established by this Ordinance,
subject to future amendment, including an aggregate of all of the area of the
• Town, are and shall be as follows:
AREA PER
SYMBOL PRINCIPAL BUILDING
a LC-42A Land Conservation 42 Acres
a LC-10A Land Conservation 10 Acres
b PR-42 Parkland/Recreational 42 Acres
b PR-10 Parkland/Recreational 10 Acres
c RR-5A Rural Residential 5 Acres
c RR-3A Rural Residential 3 Acres
d WR-3A Waterfront Residential 3 Acres
d WR-1A Waterfront Residential 1 Acre
e (1) UR-10 Urban Residential 10,000 S.F.
e UR-lA Urban Residential 1 Acre
f (2) MR-5 Multi-Family Residential 5,000 S.F.
g SR-1A Suburban Residential 1 Acre
g SR-20 Suburban Residential 20,000 S.F.
g SR-15 Suburban Residential 15,000 S.F.
h SFR-1A Single Family Residential 1 Acre
h SFR-20 Single Family Residential 20,000 S.F.
h SFR-10 Single Family Residential 10,000 S.F.
1 RC-3A Recreation Commercial 3 Acres
i RC-15 Recreation Commercial 15,000 S.F.
j PC-1A Plaza Commercial 1 Acre
k HC-1A Highway Commercial 1 Acre
1 CR-15 Commercial Residential 15,000 S.F.
m NC-1A Neighborhood Commercial 1 Acre
• m NC-10 Neighborhood Commercial 10,000 S.F.
n LI-3A Light Industry 3 Acres
n LI-lA Light Industry 1 Acre
o HI-3A Heavy Industry 3 Acres
35
Section 4 020 Schedule of Regulations. The restrictions and controls intended to
regulate development in each district are set forth in the attached
schedules which are supplemented in other sections of this Ordinance.
Section 4.020-a Land Conservation. LC-42A, LC-10A
MAXIMUM
DENSITY: Land Conservation Zones are divided into two areas of different densities:
LC-42 where one principal building is allowed for every 42 acres of land
within the zone, and LC-10 where one principal building is allowed for
every 10 acres.
PURPOSE: Land Conservation Zones encompass areas where lands have serious physical
limitations or unique characteristics that warrant restricting
!ddevelopment
to very low densities. Diverse uses are appropriate
densities.
MINIMUM LOT SIZE MINIMUM MINIMUM PERCENT MAXIMUM HEIGHT
Area in Width YARD SETBACKS"" OF LOT TO OF BUILDING
"Acres in Feet Front Side Rear BE PERMEABLE (Feet)"""
35'
LC-42 42
LC-10 10 400 L.F. 100' 100' 100' 95% 35'
*Require minimum of 5 acres for clustering.
""A 50' buffer shall be required adjoining commercial and industrial zones.
"""40' building height outside Adirondack Park.
PERMITTED USES ACCESSORY USES
1. Single Family Dwelling 1. Private Garage
2. Hunting/Fishing Camp, 2. Storage Shed
Less than 500 S.F. 3. Private Greenhouse
4. Swimming Pool, Outdoor
Athletic Court/Facility
5. Home Occupation
6. Private Boathouse & Dock
•
36
Land Conservation cont'd.
SITE PLAN REVIEW
• Type I Type II
1 . Sawmill, Chipping or Pallet Mill 1. Game Preserve
2. Recreation Center & Lodge 2. Hunting and Fishing Cabin over
3. Timber Harvesting involving the 500 S.F.
clearcutting of an area greater 3. Sportsmen Club and Firing Range
than 25 acres 4. Campground involving fewer than
4. Commercial Mineral, Gravel and 50 Sites
Sand Extraction 5. Group Camp
5. Commercial Boat Storage greater 6. Dog Kennel and Riding Stable
than 2,500 S.F. in APA Rural Use 7. Professional Office which is in-
Areas or 10,000 S.F. in APA cidental to the residential use
Moderate Intensity Areas 8. Commercial Boat Storage
6. Commercial Greenhouse greater than 9. Produce Stand less than 100 S.F.
2,500 S.F. in APA Rural Use Areas "10. Agricultural use and Farm - All
or 10,000 S.F. in APA Moderate Classes including Barns and Stables
Intensity Areas as Accessory Use
7. Bed and Breakfast in APA Rural Use 11. Clearcutting of an area greater
Areas than one acre
12. Commercial Greenhouse
13. Planned Unit Development
14. Private Boathouse & Dock
15. Bed and Breakfast
16. Private sand and gravel extraction
"See Supplementary Regulations Section 7.040 for farm classification.
•
5
37
Section 4.020-b Parkland/Recreation. PR-42, PR-10
IIPP
MAXIMUM
DENSITY: Parkland/Recreation principal divided into two
allowed areas of
42facrestofelandies:
PR-42 where one prin p
within the zone, and PR-10 where one principal building is allowed for every
10 acres. •
PURPOSE: Parkland/Recreation Zones encompass areas here lands are contrres urces or
municipalities and are set aside f p minimum development or low
recreational activities and which can support
impact land uses of very low densities.
MINIMUM LOT SIZE MINIMUM MINIMUM PERCENT MAXIMUM HEIGHT
Area in Width Depth YARD SETBACKS* OF LOT TO OF BUILDING
Acres in L.F. in L.F. Front Side Rear BE PERMEABLE (Feet)
PR-42 42 800 800 100' 100' 100'
PR-10 10 400 400 100' 100' 100'
80% 40'
"For the purpose of buffers the Parkland/Recreation Zone shall be considered a
residential zone.
PERMITTED USES ACCESSORY USES
1. Forest Management 1. Storage Shed less ill 2. Hiking, Cross Country than 500 S.F.
Ski Trail 2. Swimming Pool
3. Educational Program 3. Private Garage
SITE PLAN REVIEW
Type I Type II
1. Timber Harvesting involving the 1. Recreation Center & Lodge
olearcutting of an area greater 2. Single Family Dwelling
than 10 acres 3. Clearcutting of an area greater
2. Sale, Lease, Annexation or other than one (1) acre
transfer of 100 acres or more 4. Outdoor Athletic Court/Facility
contiguous acres of land 6. Riding Stable and Trail
6. Bicycle Trail •
38 Ili
• Section 4.020-c Rural Residential. RR-3A, RR-5A
MAXIMUM
DENSITY: Rural Residential Zones are divided into two areas of different densities.
RR-3 where one principal building is allowed for every 3 acres within the
Zone and RR-5 where one principal building is allowed for every 5 acres.
• PURPOSE: To enhance the natural open space and rural character of the Town of Queens-
bury by limiting development to sparse densities. Steep slopes, wetlands,
limiting soils and marginal access to populated areas often characterizes
such areas, warranting said densities.
MINIMUM LOT SIZE MINIMUM MINIMUM PERCENT MAXIMUM HEIGHT
Area in Width YARD SETBACKS*" OF LOT TO OF BUILDING
* in Feet Front Side Rear BE PERMEABLE (Feet)***
Acres ( )
RR-3A 3 ao0 .5D' 30, 30' 7S% 35'
RR-5A 5 200' 50' 30' 30' 75% 35-'
"Requires minimum of 1 acre for clustering.
""A 50' buffer shall be required adjoining commercial and industrial zones.
"""40" building height outside Adirondack Park.
PERMITTED USES ACCESSORY USES
1 . Single Family Dwelling 1. Private Garage
S 2. Timber Harvesting 2. Storage Shed
3. Hunting/Fishing Camp, 3. Private Greenhouse
less than 300 S.F. 4. Swimming Pool, Outdoor Athletic Court/Facility
5. Home Occupation
SITE PLAN REVIEW
Type I Type II
1. Timber Harvesting involving 1. Group Camp
the clearcutting of an area *2. Mineral, Gravel and Sand Extraction
greater than 25 acres 3. Dog Kennel and Riding Stable
2. Commercial Greenhouse over 4. Animal Husbandry & Agricultural Use including
2,500 S.F. in APA Rural Use Veterinary Hospital
Areas, 5,000 S.F. in APA Low 5. Professional Office incidental to residential
Intensity Use Areas, and 6. Golf Course, including refreshment use
10,000 S.F. in APA Moderate and other incidental facility
Intensity Use Areas 7. School
3. Bed and Breakfast in APA 8. Church & Synagogue (places of worship)
Rural Use Areas including Cemetery
9. Clearcutting of an area over one acre
• "10. Agricultural use and Farm - All Classes
"See Supplementary Regulations 11. Planned Unit Development
Section 7.040 for Farm 12. Commercial Greenhouse
Classification. 13. Private Boathouse & Dock
14. Seasonal Produce Stand, Portable up to 100 S.F.
15. Bed and Breakfast
39
Section 4.020-d Waterfront Residential. WR-1k, WR-3A
MAXIMUM
DENSITY: Waterfront Residential Zones are divided into areas with two different
densities. WR-1 where one principal building is allowed for every one acre .
within the Zone, and WR-3 where one principal building is allowed for every
three acres. •while PURPOSE: To protect the delicate ecologicabance ofvall and the HudsonbRiver providing adequate opportunities
detrimental to the visual character of the shoreline.
MINIMUM LOT SIZE MINIMUM MINIMUM PERCENT MAXIMUM HEIGHT
Area in Width YARD SETBACKS** OF LOT TO OF BUILDING
Acres in Feet Front Side Rear BE PERMEABLE (Feet)
30' NNN 20' 35'
WR-1A 1
WR-3A" 3 150' 30' *** 20' 65% 35'
"Require minimum of 1 acre for clustering.
""A 50' buffer shall be required adjoining commercial and industrial zones.
**For lots with shoreline frontage see setback requirements per Article 7,
Section 7.011 Shoreline Regulations.
"""Sum of side yards to equal 50' or more with a 20' minimum one side.
PERMITTED USES ACCESSORY USES ID
1 . Single Family Dwelling 1. Private Garage
2. Hunting/Fishing Cabin, 2. Storage Shed
less than 300 S.F. 3. Swimming Pool
4. Private Boat Storage
5. Outdoor Athletic
Court/Facility
6. Home Occupation
SITE PLAN REVIEW
Type II
1. Clearcutting of an area greater than one (1) acre
2. Private Boathouse & Dock
•
40
Section 4.020-e Urban Residential. UR-10, UR-1A
MAXIMUM
DENSITY: Urban Residential Zones are divided into two areas of different densities:
(UR-10) where one (1) principal building is allowed for every 10,000 S.F. of
land area within the zone and UR-lA where one principal building is allowed
for every 1 acre.
• PURPOSE: Urban Residential Zones (UR-10) encompass mostly the older, more tradition-
al, high density neighborhoods in Queensbury. Secondly, areas subject to
intense development pressure, located near service areas, are zoned
similarly. This protects and enhances the urban character while providing
adequate opportunity for infill and high density housing. Urban Residential
Zones lA encompass environmentally more sensitive land in areas of intense
development pressure where the uses permitted in UR-10 are desirable, but at
less density.
MINIMUM LOT SIZE MINIMUM MINIMUM PERCENT MAXIMUM HEIGHT
Width YARD SETBACKS* OF LOT TO OF BUILDING
Areas in Feet Front Side Rear BE PERMEABLE (Feet)
10,000 S.F. **30' 10' 10' 30% 40'
UR-10 75'
20,000 S.F.
• for duplex
UR-10
UR-1A 1 acre 150 30 *** 20 50% 40'
*A 50' buffer shall be required adjoining industrial zones.
**Or the average of the two adjoining principal buildings, or whichever is greater.
***Sum of the sides equals 30' or more with a 10' minimum.
PERMITTED USES ACCESSORY USES
1. Single Family Dwelling 1. Private Garage
2. Storage Shed
3. Swimming Pool
4. Outdoor Athletic
Court/Facility
5. Private Greenhouse
up to 300 S.F.
6. Home Occupation
•
S
41
Urban Residential cont'd.
lir
SITE PLAN REVIEW
Type I Type II •
Multi-family dwellings, including 1. Multi-family dwellings, including
apartment, condominium project, and apartment, condominium project,
townhouse of 100 unit or more. and townhouse of less than 100 units
2. Professional office incidental to
Uses allowed in Type II that exceed residential use
I thresholds. 3. Planned Unit Development .
SEQR Type 4. School
5. Church & Synagogue (places of
worship) including Cemetery
6. Hospital, Nursing Home, Health-
Related Facility such as outpatient
clinic, laboratory, physical therapy
facility
7. Day Care Center
S. Duplex
ill/
•
4 .
42
Section 4.020-f Multi-Family Residential. MR-5
MAXIMUM
DENSITY: Multi-family Residential Zones (MR-5) allow one (1) dwelling unit for every
5,000 S.F. of land area or one principal building for every 10,000 S.F. of
land area within the zone.
• PURPOSE: Multifamily Residential Zones (MR-5) are designed to provide for an
anticipated increasing demand for high density, multi-family housing and
professional office buildings in areas located near commercial services,
subject to intense development pressure.
MINIMUM LOT SIZE MINIMUM MINIMUM PERCENT MAXIMUM HEIGHT
Area Width YARD SETBACKS"" OF LOT TO OF BUILDING
Acres in Feet Front Side Rear BE PERMEABLE (Feet)
"10,000 S.F. 80' """30' 10' 10' 30% 40'
"Duplex and multi-family projects 5,000 S.F. of land area per dwelling unit.
""A 50' buffer shall be required adjoining industrial zones.
"""Or average setback of two adjoining buildings, or whichever setback is greater.
PERMITTED USES ACCESSORY USES
Si. Private Garage
See Type II Uses 2. Storage Shed
3. Swimming Pool .
4. Outdoor Athletic Court/
All uses in the MR-5 Zone will Facility
be subject to Site Plan Review 5. Private Greenhouse, up to 300 S.F.
SITE PLAN REVIEW
Type I Type II
1. Multi-family dwellings including 1. Multi-family dwelling, including apart-
apartment, condominium, project, ment, condominium, project, and townhouse
and townhouse of 100 units or of less than 100 units
more. *2. Professional office
2. Uses allowed in Type II that 3. Planned Unit Development
exceed SEQR Type I thresholds. 4. Home Occupation
5. School
6. Church, Synagogue, (places of
worship) including Cemetery
• 9. Hospital, Nursing Home, Health-Related
Facility such as outpatient clinic,
laboratory, physical therapy facility
10. Duplex
"In the MR-5 zone along Bay Road, office buildings shall be located within 1,000 feet •
of Bay Road.
43
Section 4.020-a Suburban Residential. SR-1A, SR-20, SR-18
MAXIMUM
DENSITY: There are three (3) different densities associated with SR Zones. SR-1A
permits one principal building for every acre within the Zone, and
SR-20 allows principal building for every 20,000 S.F.(1/2 acre) and SR-18
allows one principal building for every 15,000 S.F. (1/3 acre).
PURPOSE: To enhance and protect the character of Queensbury's suburban neighborhoods; •
and to provide for future residential development opportunities.
MINIMUM LOT SIZE MINIMUM MINIMUM PERCENT MAXIMUM HEIGHT
Width YARD SETBACKS*"" OF LOT TO OF BUILDING
Area in Feet Front Side Rear BE PERMEABLE (Feet)
"SR-1A 30' """" 20' 40'
1 acre 150' 50%
""SR-20 100' 30' """" 20' 30% 40'
20,000 S.F.
SR-18 75' 30' " 10' 30% 40'
""18,000 S.F.
"1. Duplex and multi-family dwelling projects require 1 acre of land per
dwelling unit. 1111
N . Minimum lot size for clustering is 10,000 S.F.
""1. Duplex and multi-family dwelling projects require 15,000 S.F. of land
per dwelling unit.
""2. Minimum lot size for clustering is 10,000 S.F.
"""A 50' setback shall be required adjoining commercial and industrial zones.
****Sum of side yards equals 30' or more with a 10' minimum.
PERMITTED USES ACCESSORY USES,
1. Single Family Dwelling 1. Private Garage
2. Storage Shed
3. Private Boat Storage
4. Swimming Pool
5. Private Greenhouse, up to 300 S.F.
6. Outdoor Athletic Court/Facility
7. Home Occupation
•
44
Suburban Residential cont'd.
SITE PLAN REVIEW
• Type II
1. Multi-family dwelling project
2. Professional office incidental to home use
3. Funeral Home
*4. Farm - Class All Classes
5. Planned Unit Development
6. School
7. Church, Synagogue (places of worship)
including Cemetery
S. Hospital, Nursing Home, Health-Related
facility such as outpatient clinic,
laboratory, physical therapy facility
9. Day Care Center
10. Duplex
III/ *See Supplementary Regulations Section 7.040 for farm classifications.
•
S
45
Section 4.020-h Single Family Residential. SFR-10, SFR-20, SFR-1A
MAXIMUM
DENSITY: Single Family Residential (SFR) Zones are divided into three (3) areas of
different densities: SFR-10 where a 10,000 S.F. lot is required; SFR-20
where a 20,00 S.F. lot is required, SFR-1A where a one acre lot is required.
Provisions of Section 281 of Town Law for Clustering do not apply in SFR
Zones. •
PURPOSE: Single Family Residential (SFR) Zones are established residential neigh-
borhoods where the character is strictly single family detached residences
on standardized lots. This character will be strictly reinforced and pre-
served through SFR Zones.
MINIMUM LOT SIZE MINIMUM MINIMUM PERCENT MAXIMUM HEIGHT
Area in Width YARD SETBACKS" OF LOT TO OF BUILDING
Feet in Feet Front Side Rear BE PERMEABLE (Feet)
SFR-10 30' 30% 40'
10,000' 75' 10' 10'
SFR-20 100' 30' 20' 30% 40'
20,000
SFR-1A 150' 30' 20' 20' 65% 40'
»A 50' buffer shall be required adjoining commercial and industrial zones.
r"Sum of side yards equals 40' or more with a 15' minimum.
PERMITTED USES ACCESSORY USES
1 . Single Family Dwelling 1. Private Garage
2. Storage Shed less than 200 S.F.
3. Private Greenhouse, attached less
than 300 S.F.
4. Swimming Pool
5. Home Occupation
6. Private Boat Storage
SITE PLAN REVIEW
Type II •
1. School
2. Church, Synagogue (places
of worship) including Cemetery
46
Section 4.020-1 Recreation Commercial. RC-15, RC-3A
MAXIMUM
DENSITY: There are 2 areas of differing densities for RC Zones. RC-15 Zone allows one
principal building for every 15,000 S.F. , RC-3A Zones allows one principal
building for every 3 acres of land area - although clustering is appropriate
and encouraged.
• PURPOSE: RC Zones are areas within Queensbury where the Town wishes to isolate,
protect and encourage expansion of the recreation industry. Large scale
projects will be encouraged to produce long range Planned Unit Development
plans defining uses, intensities, patterns, etc. Residential uses (sea-
sonal included) are considered compatible with RC Zones.
MINIMUM LOT SIZE MINIMUM MINIMUM PERCENT MAXIMUM HEIGHT
Area Width YARD SETBACKS""" OF LOT TO OF BUILDING
in Feet Front Side Rear BE PERMEABLE (Feet)
RC-15 30' 10' 30' 30% 50'
"15,000 75' 10'
RC-3A 65% 50'
""3 Acres 200' 50' 30'
"Minimum lot size for clustering is 5,000 S.F.
S ""Minimum lot size for clustering is 15,000 S.F.
""A 50' buffer shall be required adjoining residential and industrial zones.
PERMITTED USES ACCESSORY USES
"3. Single Family Dwelling 1. Swimming Pool
2. Outdoor Athletic Court/Facility
3. Private Garage
4. Storage Shed
5. Any other accessory or use
customarily incidental to a
permitted use
6. Signs as/Queensbury Sign
Ordinance
7. Home Occupation
"See Regulations for mobile homes.
•
47
Recreation Commercial cont' .
SITE PLAN REVIEW
Type I Type II •
1. Construction of non-residential 1. Amusement Center
facility involving: 2. Motel
a. the physical alteration of 10 3. Public Meeting Area or Convention
acres or more; Center
b. the use of ground and or surface 4. Multi-family dwelling including
water in excess of 2,000,000 apartment, condominium
gallons per day; 6. Townhouse and multi-dwelling project
c. the parking of 1,000 vehicles; 6. Golf Course or Club
d. 100,000 S.F. of gross floor area 7. Social Club, Hall, Fraternal
or more Organization
2. Any project or action, which 8. Tavern, Refreshment and other
exceeds 25% of any threshold- of incidental facility for patrons
this section, occurring wholly or 9. Campsite, Campground
partially within, or substantially 10. Riding Academy, Livery Stable
contiguous to any publicly owned or 11. Ski Center and associated uses
operated park land, recreation area, 12. Planned Unit Development (PUD)
or designated open space 13. Professional Offices which are
3. The expansion of any existing use incidental to the residential use
by 50% or more of the thresholds 14. Restaurants
cited in (1. ) provided that the
total use intensity exceeds those
thresholds
•
48
Section 4.020-j Plaza Commercial. PC-1A
MAXIMUM At least one (1) acre will be required to establish any allowable use in a
DENSITY: PC Zone, up to 12,000 S.F. of gross floor area for single story buildings
and 15,000 S.F. for multi-story buildings. An additional 500 S.F. of land
area will be required for each 150 gross floor area, for single-story
buildings and 200 S.F. or proportion thereof for multi-story buildings.
• PURPOSE: Plaza Commercial Zones (PC-1A) are those areas where intense commercial
development exists or is anticipated. Access points are defined in an
effort to create coherent and safe traffic patterns, efficient loading and
unloading aesthetically pleasing shopping environment and safe pedestrian
circulation.
MINIMUM LOT SIZE MINIMUM MINIMUM PERCENT MAXIMUM HEIGHT
Area in Width YARD SETBACKS* OF LOT TO OF BUILDING
Acres in Feet Front Side Rear BE PERMEABLE (Feet)
1 200' 50' 30' 30' 30% 50'
*A 50' buffer zone shall be required adjoining residential and industrial zones.
PERMITTED USES* ACCESSORY USES
*See Type II Uses. 1. Loading Facility
2. Parking Facility
• All uses in PC Zones will be subject
to Site Plan Review. 3. Signs as per Queensbury
Sign Ordinance
SITE PLAN REVIEW
Type I Type II
1. Construction of non-residential facility 1. Public Parking Garage
involving: 2. Commercial Greenhouse or Nursery
a. the physical alteration of 10 acres 3. Planned Unit Development (PUD)
or more; 4. Day Care Center
b. the use of ground or surface water 5. Pharmacy, Drug Store
in excess of 2,000,000 gallons per 6. Stationery Store
day; 7. Hardware Store
c. the parking of 1,000 vehicles; 8. Meat or Food Store
d. 100,000 S.F. of gross floor area or 9. Barber & Beauty Shop
• more 10. Clothing Apparel Store
2. Any project or action, which exceeds 11. Musical Instrument & Record Store
25% of any threshold of this section, 12. Multi-function Department Store
occurring wholly or partially within 13. Sports Equipment Store
substantially contiguous to any 14. Jewelry Store
publicly owned or operated park land, 15. Travel Agency
• recreation area, or designated open
space 16. Professional Office
17. Office Building
3. The expansion of any existing use by 18. Restaurant
50% or more of the thresholds cited 19. Shopping Mall/Plaza
in (1. ) provided that the total use 20. T.V. & Radio Station •
intensity exceeds those thresholds
49
Section 4.020-k Highway Commercial. HC-1A
MAXIMUM
DENSITY: While uses are encouraged to cluster, the overall density would allow one
(1) principal building at up to 12,000 S.F. for one-story buildings and
15,000 S.F. of gross floor area for multi-story buildings for each one (1)
acre of land area. An additional 500 S.F. of land area will be required for
each additional 150 S.F. for single-story buildings and 200 S.F. of gross •
floor area, or proportion thereof for multi-story buildings. Within
Adirondack Park, Highway Commercial requires one (1) acre of land for each
11,000 SF or fraction thereof for commercial use structures which involves
the retail sale, rental or distribution of goods, services or commodities.
PURPOSE: Highway Commercial Zones are those areas of Queensbury which have already
developed fairly intense and haphazard commercial patterns. The purpose of
these zones is to confine development of this type to these areas, while
providing for minimal expansion, primarily through infill.
MINIMUM LOT SIZE MINIMUM MINIMUM PERCENT MAXIMUM
Area Width Depth YARD SETBACKS" OF LOT TO HEIGHT OF
in Acres in feet in Feet Front Side Rear BE PERMEABLE BUILDING
1 150 200 50' 25' 30% 40'
"A 50' buffer shall be required adjoining residential and industrial zones.
""Sum of side yards equals 50' or more with a 20' minimum.
PERMITTED USES ACCESSORY USES
All uses in HC Zones will be 1. Loading Facility
subject to Site Plan Review. 2. Parking Facility
3. Signs as/Queensbury Sign Organization
"4. Apartments over businesses not exceeding
50% of use
"Number of apartments shall be limited to one (1) for each one (1) acre of land not
including the acreage used to calculate the density for the commercial use structure.
•
60
Highway Commercial cont' .
lillr SITE PLAN REVIEW
• Type I Type II
1. Construction of non-residential 1. Public Parking Garage
facility involving: 2. Gasoline Station
a. the physical alteration of 10 3. Drive-In Theatre
acres or more; 4. Amusement Center
b. the use of ground and/or surface 5. Golf Driving Range
water in excess of 2,000,000 6. Miniature Golf Course
gallons per day; 7. Recreation Facility operated for
c. the parking of 1,000 vehicles; profit
d. 100,000 S.F. of gross floor area 8. Hospital, Nursing Home and Health-
or more. Related Facility
2. Any project or action, which exceeds 9. Day Care Center
25% of any threshold of this section, 10. Auto Repair & Body Shop
occurring wholly or partially within, 11. Automobile Sales and Service
or substantially contiguous to any 12. Commercial Boat Storage, Repair, Sales
publicly owned or operated park land 13. Farm and Construction Equipment Sales
3. The expansion of any existing use by and Service
4 50% or more of the thresholds cited 14. Mobile Home Sales
in (1. ) provided that the total use 15. Car Wash
intensity exceeds those thresholds 16. Fast Food Restaurant, Diner, Bar
4. Commercial uses including Day Care 17. Places of Public Assembly
Center, Restaurant, Diner, Bar, 18. Professional Office
Professional Office, Office Building, 19. Office Building
Commercial Greenhouse/Nursery, Veter- 20. Commercial Greenhouse/Nursery
inary Clinic, and all uses permitted 21. Social Club, Fraternal Organization
in Plaza Commercial Zone over 5,000 22. Motel, Hotel, Inn, Lodge
SF in an APA Low Intensity Area and 23. Veterinary Clinic
over 10,000 SF in an APA Moderate 24. All permitted uses in Plaza
Intensity Area Commercial Zone
5. Motel, Hotel, Inn or Lodge with 35 or
more units in an APA Low Intensity
Area or 75 units or more units in an
'APA Moderate Intensity Area
•
51
Section 4.020-1 Commercial Residential. CR-15
MAXIMUM Commercial Residential Zones will allow one (1) dwelling unit or office use
DENSITY: in existing residential structure for every 15,000 S.F. of land area within
the zone. At least one (1) acre of land will be required to establish any
other allowable commercial use in the CR Zone, up to 12,000 S.F. for single-
story buildings and 15,000 S.F. of gross floor area for multiple-story
buildings. An additional 500 S.F. of land area will be required for each •
additional 150 S.F. for single-story buildings and 200 S.F. of gross floor
area or portion thereof for multiple-story buildings.
PURPOSE: Commercial Residential Zones are those areas of Queensbury which are transi-
tioning from residential to highway commercial uses on narrow arterial
roads. The purpose of this zone is to allow for this transition in a manner
which permits the widening of the arterial route and encourages safe traffic
patterns, an aesthetically pleasing environment and safe pedestrian
circulation.
MINIMUM LOT SIZE MINIMUM MINIMUM PERCENT MAXIMUM HEIGHT
Area Width Depth YARD SETBACKS** OF LOT TO OF BUILDING
in L.F. in L.F. Front Side Rear BE PERMEABLE (Feet)
Residential/
"Profes- 15,000 100' 120' 50' 20' 20' 30% 40'
sional Off. S.F.
Commercial 1 150' 150' 75' """ 25' 30% 40'
1110
acre
"Professional office in existing residential building.
""A 50' buffer shall be required when adjoining residential and industrial zones.
"""All commercial buildings shall be a minimum of 50' apart with 20' minimum side yard
setback.
PERMITTED USES ACCESSORY USES
1. Single Family Dwelling 1. Private Garage
2. Duplex 2. Storage Shed
3. Swimming Pool
4. Outdoor Athletic/Court Facility
5. Private Greenhouse up to 300 S.F.
•
•
52
S
Commercial Residential cont'd.
SITE PLAN REVIEW
• Type I Type II
1. Construction of non-residential facility 1. Office Building
involving: 2. Social Club, Fraternal
Organization
a. the physical alteration of 10 acres 3. Hospital, Nursing Home,.
or more; and Health-Related Facility
b. the use of ground or surface water in 4. Day Care Center
excess of 2,000,000 gallons per day; 5. Restaurant
c. the parking of 1,000 vehicles; 6. Banking Facility
d. 100,000 S.F. of gross floor area or 7. Gasoline Station with or
more. without Automobile Repair
2. Any project or action, which exceeds 25% Facility as an accessory use
of any threshold of this section, occur- 8. Home Occupation
ring wholly or partially within, or 9. Hotel, Motel, Inn, Lodge
substantially contiguous to any publicly 10. Retail Business
owned or operated park land 11. Veterinary Clinic
3. The expansion of any existing use by 507E
or more of the thresholds cited in (1. )
provided that the total use intensity
exceeds those thresholds
•
•
53
L
Section 4.020-m Neighborhood Commercial. NC-1A, NC-10
MAXIMUM
DENSITY: In NC-10 Zones at least 10,000 S.F. of land area will be required to
establish any allowable use up to 2,000 S.F. for commercial space. An
additional 1,500 S.F. of floor area would be allowed to accommodate an
attached residence. In NC-1A zones, the overall density would allow one
principal building up to 8,000 S.F. for single-story and 10,000 S.F. of •
gross floor area for multi-story buildings for each one acre of land area.
An additional 100 S.F. for single-story or 125 S.F. of gross floor area or
portion thereof will be allowed for every additional 550 S.F. of land area.
Within the Adirondack Park, Highway Commercial requires one (1) acre of land
for each 11,000 SF or fraction thereof for commercial use structures which
involves the retail sale, rental or distribution of goods, services or
commodities.
PURPOSE: NC Zones are designed to enable residents of Queensbury's outlying areas to
obtain staples, necessities and other goods from small scale neighborhood
oriented shopping areas without traveling to the major commercial centers.
Often these centers are long established centers of older traditional com-
munities, usually at an intersection of two arterials.
MINIMUM LOT SIZE MINIMUM MINIMUM PERCENT MAXIMUM HEIGHT
Area in Width Depth YARD SETBACKS"" OF LOT TO OF BUILDING
Acres in L.F. in L.F. Front Side Rear BE PERMEABLE (Feet)
NC-10 10,000 75 75 40' 15' 15' 25% 30' r
"NC-1A 1 acre 150' 150' 50' 30' 15' 30% 30'
Off any
R.O.W.
"Requires minimum of 10,000 S.F. for clustering.
""A 60' buffer shall be required adjoining residential and industrial zones.
PERMITTED USES ACCESSORY USES
See Type II Uses. 1. Private Garage
2. Storage Shed
3. Signs as/Queensbury Sign Ordinance
4. Banking Facility
All uses in NC Zones will be subject to Site Plan Review.
•
54
Neighborhood Commercial cont' .
SITE PLAN REVIEW
• Type I Type II
*Commercial Uses including Day Care 1. Gasoline Station or Facility
Center, Restaurant without alcoholic M2. Professional Office
beverage license, Drug Store, Pharmacy 3. Laundromat
Stationery Store, Grocery, Meat Store 4. Housing Units in combination with
Barber Shop, Beauty Shop, Professional commercial facility (ie. Apartment
Office greater than 10,000 SF in APA over Store)
Moderate Intensity Use Areas. M6. Day Care Center
M6. Restaurant without alcoholic
beverage license
M7. Drug Store, Pharmacy
*8. Stationery Store
M9. Grocery, Meat Store
*10. Barber and Beauty Shop
*These uses are not permitted in APA Resource Management Areas.
•
•
55
Section 4.020-n Light Industry. LI-1A, LI-3A
MAXIMUM
DENSITY: One principal building of up to 12,000 S.F. of gross floor area for single-
story buildings and 15,000 SF of gross floor area for multiple-story
buildings will be allowed for every one (1) acre within LI-1A Zones. For
each additional 150 S.F. for single-story and 200 S.F. of gross floor area
for multiple-story buildings 500 S.F. of land area will be required.
PURPOSE: Provide opportunities for the expansion of light industry without competi- •
tion with other use types. Highway oriented and research businesses need
opportunities appropriately located near major highways from which they
receive their materials and to which they dispense their products.
MINIMUM LOT SIZE MINIMUM MINIMUM PERCENT MAXIMUM HEIGHT
Area in Width Depth YARD SETBACKS* OF LOT TO OF BUILDING
Acres in Feet in Feet Front Side Rear BE PERMEABLE (Feet)
LI-lA 1 200 200 50' 30' 30' 30% 50'
LI-3A 3 200 200 50' 30' 30' 30% 50'
WA 50' buffer shall be required when adjoining residential and commercial zones.
PERMITTED USES ACCESSORY USES •
See Type II Uses. 1. Customary Accessory uses
incidental to a permitted
use
2. Signs according to the
Queensbury Sign Ordinance
All land uses in LI zones will be subject to Site Plan Review.
56 S .
A
Light Industry cont' .
SITE PLAN REVIEW
• Type I Type II
Construction of new facilities which 1. Freight Terminals
meet or exceed any of the following 2. Extraction of Sand, Stone or Gravel
thresholds; or the expansion of exist- 3. Restaurant
ing facilities by more than 50% of the 4. Enclosed Batch Plant
following thresholds, provided that 5. Building Supply Lumber Yard &
the expansion and the existing facili- Similar Storage Yard
ties, when combined, meet or exceed any 6. Any light manufacturing, assembly
threshold contained in this section: or other industrial or research
operation meeting the requirements
1. A project or action which involves of this Ordinance
the physical alteration of 10 acres 7. Warehouse for enclosed storage of
or more goods and materials, distribution
2. A project or action which would use plants, wholesale business
ground and or surface water in excess 8. Laboratory
of 2,000,000 gallons per day 9. Office Building in excess of 10,000
3. Any action which takes place wholly S.F.
or partially within or substantially 10. Truck Repair Facility
contiguous to any Critical Environ- 11. Heavy Machinery Repair Facility
12. T.V. & Radio Station
13. Construction Company
14. Logging Company
15. Heavy Equipment Storage
16. Heavy Equipment Sales
17. Junkyard
18. Agricultural Service Use
•
57
Section 4.020-o Heavy Industry. HI-3A
MAXIMUM
DENSITY: One principal building of up to 45,000 S.F. gross floor area will be allowed
for every three (3) acres within HI-3A Zones. For each additional 100
S.F. of gross floor area, 300 S.F. of land area will be required.
PURPOSE: Provide opportunities for the expansion of heavy industry without competi-
tion with other use types. Large scale manufacturing plants which often •
require access to rail transportation and are often considered incompatible
with other use types, will be given maximum opportunity to flourish without
undue interference.
MINIMUM LOT SIZE MINIMUM MINIMUM PERCENT MAXIMUM HEIGHT
Area in Width Depth YARD SETBACKS* OF LOT TO OF BUILDING
Acres in L.F. in L.F. Front Side Rear BE PERMEABLE (Feet)
3 300 400 100' 50' 50' 30% 60'
*All buildings shall be setback 200 feet from all adjoining water bodies.
*A 100' buffer shall be required when adjoining residential and commercial zones.
PERMITTED USES* PERMITTED ACCESSORY
*See Site Plan Review 1. Customary accessory uses incidental to permitted
Type II 2. Signs according to the Queensbury sign Ordinance
All land uses in HI Zones will be subject to Site Plan Review.
SITE PLAN REVIEW
Type I Type II
Construction of new facilities which meet or 1. Large Scale Manufacturing
exceed any of the following thresholds; or the 2. Sand A Gravel Processing
expansion of existing facilities by more than 3. Cement Manufacturing
50% of the following thresholds, provided that 4. Asphalt Plant
the expansion and the existing facilities, when 5. Chemical Processing
combined, meet or exceed any threshold contained 6. Fuel Supply Fuel Depot
in this section: 7. Railroad Facility, including
Repair or Service
1. A project or action which involves the 8. Electric Power Plant
physical alteration of 10 acres or more
2. A project or action which would use ground and or
surface water in excess of 2,000,000 gallons per day
3. Any action which takes place wholly or partially within or
substantially contiguous to any Critical Environmental Area •
4. Parking for 1,000 vehicles
5. A facility with more than 240,000 S.F. of gross floor space
58 I
oa.c
}}
RESOLUTION TO AMEND ZONING ORDINANCE 1? II
ARTICLE 4, SECTIONS 4.032 & 4.033 (TRAVEL �v
• CORRIDOR OVERLAY ZONE), SECTION 4.052 � �,
(DESIGNATED STREETS) AND ARTICLE 8, SECTION 8.010 H
GENERAL EXCEPTION TO MINIMUM LOT AREA REQUIREMENTS r :
RESOLUTION NO. 154 , 1990
INTRODUCED BY: Mrs. Betty Monahan
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Marilyn Potenza
WHEREAS, the Town Board of the Town of Queensbury is desirous
of adopting the following amendments, supplements, changes and/or
modifications to the Town of Queensbury Zoning Ordinance which was
adopted on October 1, 1988, and more specifically a revision of Article
4, Sections 4.032 & 4.033 and Section 4.052, and Article 8, Section
8.010, as shown by the underlined segments below:
I) SECTION 4.032 DESIGNATED ARTERIALS: The following
• roads have been designated as Regional Arterial Roads
within the Town of Queensbury and shall comply with
the requirements of the Travel Corridor Overlay Zone.
For purposes of this Section of the Ordinance, "Regional
Arterial Roads" shall be defined as those listed below:
Route 9 from the Glens Falls City Line north to the
Lake George Town Line
Ridge Road from the Glens Falls City Line north to
Route 149
Corinth Road from the Luzerne Town Line east to Route
I-87
Main Street from Route I-87 east to the Glens Falls
City Line
Relocated Aviation Road from Route I-87 east to
Route 9
Quaker Road from Route 9 east to Dix Avenue
Route 149 from Route 9 east to the Fort Ann Town
Line
• Bay Road from the Glens Falls City Line north to
Route 149
II) SECTION 4.033 REGULATIONS: All building hereafter erected
or altered within this Travel Corridor Overlay District
shall be set back seventy-five (75) feet from the edge
of the road Right of Way.
Along Bay Road only, this seventy-five (75) foot
setback shall be maintained as open space, as defined
by this Ordinance.
III) SECTION 4.052 DESIGNATED STREETS
B. Local Arterial Streets
Bay Road to be omitted from this list
IV) SECTION 8.010 GENERAL EXCEPTION TO MINIMUM LOT AREA
REQUIREMENTS:
Any non-conforming lot of record as of the date of this
Ordinance does nc a e whi h c oes not meet the minimum lot area and/or
minimum lot width requirements of this Ordinance for
• the zoning district in which such lot is situated shall
be considered as complying with such minimum lot
requirements, and no variance shall be required, provided
that:
As of the date of this Ordinance and thereafter, such
a lot does not adjoin other lots in the same ownership
provided however, that all such lots in the same ownership
shall be treated together as one lot except that this
provision does not apply to subdivisions approved and
filed prior to the date of approval of this ordinance,
and
WHEREAS, a public hearing was held by this Town Board on February
26, 1990, at 7:30 p.m. , in the Queensbury Activities Center, Bay
at Haviland Road, Queensbury, Warren County, New York, and
WHEREAS, the Warren County Planning Board recommended approval
of said proposed changes on February 14, 1990, and
i
WHEREAS, the Planning Board of the Town of Queensbury recommended
• approval of said proposed changes on February 28, 1990, and
WHEREAS, the Adirondack Park Agency was duly notified of said
proposed changes and Richard Hoffman, of the Agency, has contacted
the Town Attorney by phone and advised that the changes appear
generally acceptable if one amendment is made to the changes proposed
for Section 8.010 (General Exception to Minimum Lot Area Requirements) ,
and
WHEREAS, the said change requested by the APA and the only change
made to the proposed Ordinance modifications is to delete the words
"and thereafter", which appear in the first paragraph of Section
8.010, while the words "and thereafter" will remain in the second
paragraph of that same section, and
WHEREAS, the deletion of the words "and thereafter" will clarify
the intent of the Town Board and will not significantly alter the
• proposed modifications and will not, therefore, require further SEQRA
proceedings or public hearings, and
WHEREAS, the Town Board of the Town of Queensbury has made a
determination that the proposed amendments, supplements, changes
and/or modifications to the Zoning Ordinance will have no significant
environmental impacts, and
WHEREAS, the Town Board of the Town of Queensbury has considered
the effects of the proposed amendments, supplements, changes and/or
modifications to the Zoning Ordinance,
NOW, THEREFORE, BE IT
RESOLVED, that the Zoning Ordinance of the Town of Queensbury,
Article 4, Sections 4.032 & 4.033 (Travel Corridor Overlay Zone) ,
Section 4.052 (Designated Streets) and Article 8, Section 8.010
•
(General Exception to Minimum Lot Area Requirements) are hereby amended
as follows:
•
I) SECTION 4.032 DESIGNATED ARTERIALS: The following
roads have been designated as Regional Arterial Roads
within the Town of Queensbury and shall comply with
the requirements of the Travel Corridor Overlay Zone.
For purposes of this Section of the Ordinance, "Regional
Arterial Roads" shall be defined as those listed below:
Route 9 from the Glens Falls City Line north to the
Lake George Town Line
Ridge Road from the Glens Falls City Line north to
Route 149
Corinth Road from the Luzerne Town Line east to Route
I-87
Main Street from Route 1-87 east to the Glens Falls
City Line
Relocated Aviation Road from Route I-87 east to
Route 9
Quaker Road from Route 9 east to Dix Avenue
• Route 149 from Route 9 east to the Fort Ann Town
Line
Bay Road from the Glens Falls City Line north to
Route 149
II) SECTION 4.033 REGULATIONS: All building hereafter erected
or altered within this Travel Corridor Overlay District
shall be set back seventy-five (75) feet from the edge
of the road Right of Way.
Along Bay Road only, this seventy-five (75) foot
setback shall be maintained as open space, as defined
by this Ordinance.
III) SECTION 4.052 DESIGNATED STREETS
B. Local Arterial Streets
Bay Road to be omitted from this list
IV) SECTION 8.010 GENERAL EXCEPTION TO MINIMUM LOT AREA
• REQUIREMENTS:
Any non-conforming lot of record as of the date of this
Ordinance which does not meet the minimum lot area and/or
minimum lot width requirements of this Ordinance for
the zoning district in which such lot is situated shall
be considered as complying with such minimum lot
requirements, and no variance shall be required, provided
that:
As of the date of this Ordinance and thereafter, such
a lot does not adjoin other lots in the same ownership
provided however, that all such lots in the same ownership
shall be treated together as one lot except that this
provision does not apply to subdivisions approved and
filed prior to the date of approval of this ordinance,
and
BE IT FURTHER
RESOLVED, that, pursuant to the requirements of Article 11 of
the Town of Queensbury Zoning Ordinance and Section 265 of the Town
• Law, the Town Clerk shall, within five (5) days, direct that a
certified copy of said amendments be published in the Glens Falls
Post Star and obtain an Affidavit of Publication, and
BE IT FURTHER
RESOLVED, that these amendments take effect ten (10) days after
said publication, and any part of the Zoning Ordinance which is in
consistent with said amendments shall be deemed amended or repealed.
Duly adopted this 5th day of March, 1990, by the following vote:
AYES Mrs. Potenza, Mrs. Monahan, Mr. Borgos
NOES None
ABSENT Mr. Kurosaka, Mr. Montesi
IIIIA Section 4.030 Travel Corridor Overlay Zone
Section 4.031 Purpose
The Town of Queensbury realizes that as the Town and the region continues to
grow, the need for improved local arterial roads will become important to the
movement of traffic within the Town of Queensbury
• In order to maintain the rural character along these roadways and/or to allow
widening of these roadways in the future, increased setbacks for new
construction has been established along the major regional arterials in the
Town.
Section 4.032 Designated Arterials
The following roads have been designated as Regional Arterial Roads within
the Town of Queensbury and shall comply with the requirements of the Travel
Corridor Overlay Zone.
Route 9 from Glens Falls north to the Queensbury Town Line
Ridge Road from Glens Falls north to Route 149
Corinth Road from the Queensbury Town Line east to Route I-87
Main Street from Route I-87 east to Glens Falls
• Quaker Road from Route I-87 east to Dix Avenue
Route 149 from Route 9 east to the Queensbury Town Line
Section 4.033 Regulations
All building hereafter erected of altered within this overlay district shall
have a front yard setback of seventy-five (75) feet.
Section 4.040 Mobile Home Overlay District
Section 4.041 Purpose
The Town of Queensbury, in order to provide alternative housing types and to
provide affordable housing, has identified areas within the Town where Mobile
Homes and Mobile Home Parks may be located.
Section 4.042 Designated Areas
• 1. The following areas have been designated for Mobile Home Parks and
Subdivisions:
a. Portion of Queensbury Tax Map Section 125 - south of Luzerne Road,
east by Van Dusen Road and 200 feet from the Clemdon Brook
•
59
b. Portion of Queensbury Tax Map Section 121 Block 6 -Warren Lane, Lucky
Lane, Crystal Lane and Burch Road
c. Portion of Queensbury Tax Map Section 30 - north of Route 149, south
of the Adirondack Park boundary line
d. Portion of Queensbury Tax Map Section 93-2-6,7,8,9-north of Luzerne
Road
e. Portion of Queensbury Tax Map Section 93-2-11.1 -north of Luzerne Road •
at East Drive
2. The following areas have been designated for Single Mobile Home sites:
a. Portion of Queensbury Tax Map Section 120 - Howard Street, Leo Street,
Eisenhower Avenue and Dawn Road
b. Portion of Queensbury Tax Map Section 127 and 128 -south of Luzerne
Road, known of States Avenues
Section 4.043 Regulations. -
The location, density, siting and overall development of the Mobile Home
Parks, Mobile Home Subdivision or Individual Mobile Home sites shall conform
with all other sections of this ordinance.
Section 4.050 Lots Abutting Collector or Arterial Streets •
Section 4.051 Purpose
The Town of Queensbury realizes that unrestricted access onto arterial and
collector streets can hinder the safe and efficient movement of traffic.
Subdivisions, especially small subdivisions have tended to provide direct
access onto these roadways from each single family lot. Lots fronting on
local streets rather than arterials or collector streets shall be encouraged,
while lots fronting on collector or arterial streets shall be discouraged.
Section 4.052 Designated Streets
The following streets, roads and routes have been designated as Regional or
Local Arterial Streets or Collector Streets. Land fronting on these streets
shall comply with the requirements of this Section.
A. Regional Arterial Streets:
* Corinth Road
* Main Street
* Aviation Road from I-87 east to Route 9
110
* Quaker Road
* Dix Avenue
* Ridge Road from Quaker Road north to Route 149
* Route 149
* Route 9
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I
B. Local Arterial Streets
• * West Mountain Road
* Mountain View Lane
* Aviation Road from West Mountain Road east to I-87
* Potter Road
* East Shore Drive
* Bay Road
• * Ridge Road from Route 149 north to East Shore Drive
* Ridge Road from Glens Falls north to Quaker Road
* Country Club Road
* County Line Road
* Highland Avenue
* Lower Warren Street
* River Street
* Hicks Road
* Glenwood Avenue
* Round Pond Road/Bund Rock Road
* Haviland Road
C. Collector Streets
* Pitcher Road
• Luzerne Road
* Sherman Avenue
* Peggy Ann Road
SN Dixon Road
* Park View Avenue
* Cronin Road
* Sweet Road
* Glen Lake Road
* Martindale Road
* Moon Hill Road
* Sunny Side Road
* Sunny Side Road East
* Pickle Hill Road
* VanDeusen Road
* Richardson Street
* Meadowbrook Road
* Rockwell Road
* Gurney Lane Road
* Jenkinsville Road
* Pilot Knob Road
Section 4.053 Regulations
As of the effective date of this Ordinance, all residential lots fronting on
• a collector or arterial street identified herein or any new collector or
arterial streets shall have two (2) times the lot width permitted in the zone
in which the lot is located.
• 61
Section 4.060 Application of Regulations.
Except as hereinafter provided:
Section 4 .061. No building or structure or land shall hereafter be used or occupied
•
and no building or structure or part thereof shall be erected, moved or
altered unless in conformity with the regulations herein specified for the
districts in which it is to be located.
Section 4.062. No building or structure that is herein after allowed for the •
district in which such building or structure is located shall hereafter be
erected or altered which will:
A. exceed the height or bulk;
A. accommodate or house a greater number of families;
C. occupy a greater percentage of lot area;
D. have narrower or smaller front yards, rear yards, or side yards
Section 4.070 Use Regulations.
A. Permissible Uses A use shall be permitted in a given zoning district if
it is listed in the schedules or regulations hereof as a permissible use
for that district, provided all other requirements of this Ordinance are
met, including Articles 6 and 12.
B. Type I or Type II Uses with Site Plan Review A use listed in the
schedule of regulations hereof as a Type I or Type II use for a given
zoning district shall be permitted in that district when approved in
accordance with Article 5 hereof, provided all other requirements of
this Ordinance are met, including Articles 6 and 12.
C. Non-Permissible Uses Any use which is not a permissible use by right or
by site plan review in a given zoning district or which is not an
accessory use to such a permissible use or site plan review use shall be
a non-permissible use, and shall be deemed prohibited in that zoning
district.
D. Accessory Use or Accessory Structure An accessory use or accessory
structure shall be permitted if the use to which it is accessory is a
lawful use pursuant to the terms of this Ordinance and for which a permit
has been issued if required pursuant to the terms of Article 12 hereof,
• so long as said accessory use or structure does not result in or increase
any violation of the provisions of Article 4 and Section 7.030. An
accessory structure shall not be used for commercial purposes by
residents of residential structures, nor shall it include a sign except
as permitted by Queensbury Sign Ordinance. See separate schedule.
•
End of Article 4 • •
62
f '
ARTICLE 5
SITE PLAN REVIEW
Section 5.010 Purpose of Article. The purpose of this Article is to allow the proper
integration in the community of uses and actions listed in Articles 4 and 7
• of this Ordinance. Because of their characteristics, or the special
characteristics of the area in which they are to be located, these uses and
actions require special consideration so that they may be properly located
and planned with respect to:
A. the objectives of this Ordinance;
B. their effect on surrounding properties;
C. the ability of the Town to accommodate the growth resulting from the
proposed use without undue adverse effect on the Town and its citizens
and taxpayers, and the protection of health, safety and welfare of the
Town and its citizens; and
D. the objectives of the Land Use Plan.
Section 5.020 Applicability of Article.
and the Zoning Administrator has issued a
permit for such land use or development pursuant to the terms of Article 12
hereof. No building permit for a use requiring Site Plan Review shall be
•
valid without site plan approval. Type I uses are applicable to Article 5 as
well, except that if such projects are located within the Adirondack Park
they also require a permit from the Adirondack Park Agency as a Class A
project. The Adirondack Park Agency has jurisdiction only within those
portions of the Town within the Adirondack Park.
Section 5.030 Authorization to Approve and Disapprove Uses with Site Plan Review. In
accordance with Section 274-a of the Town Law, the Planning Board is
authorized to review and approve, approve with modifications or disapprove
site plans, prepared to specifications set forth in this Ordinance and in
Regulations of the Planning Board, showing the arrangement, layout and design
of the proposed use of the land shown on such plan, including activities
located within the Adirondack Park and designated as Class A (Type I) and
Class B (Type II) regional projects by the Adirondack Park Agency. Class B
regional projects by the Adirondack Park Agency. Class B regional projects
as delineated in Appendix B are included herein as Type II Site Plan Review
Projects.
•
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Section 5.040 Application for Site Plan Review Approval. Application for project 4111 approval shall be made with the Planning Board using forms supplied by the
Board. Applications shall include reasonably sufficient information for the
Board to make its findings under Section 5.050 of this Ordinance. In
determining the content of these application forms, the Planning Board may
provide for different informational requirements for different classes or
type of projects, but with each certain class or type of project, the same
information required by these various application forms may include any or
all of the following: (a) detailed description of the natural features of •
the project and its components, including all proposed roads and accesses,
water supply and sewage disposal systems, and their relationship to natural
features, (2) an analysis with supporting data on the impact of the project
on the environment, both during construction and thereafter, (3) an analysis
and supporting data of any benefits that might derive from the project.
Section 5.041 Application and Fees for Site Plan Review Approval. In addition to
the fee listed on the schedule of fees, the Planning Board may charge a fee
to developers of projects requiring legal and technical review provided that
the fee charged reflects the actual cost of legal and technical assistance to
the Planning Board. This fee is not to exceed One Thousand ($1,000) Dollars
without notice to the applicant.
Section 5.050 Procedure.
A. For applications for projects within the Adirondack Park, not later than
ten (10) days following receipt of a complete application for said
project, the Zoning Administrator shall notify the Adirondack Park Agency 11/1
in the case of Type II (Class B) uses and shall furnish to the Agency
such pertinent information as the Agency may deem necessary, and shall
afford each body the opportunity to comment.
B. For applications within five hundred (500) feet of the town boundary;
proposed or existing State or County park or recreation area, right-of-
way, parkway, thruway road or highway, stream drainage channel or
easement, public building or institution; not later than ten (10) days
following receipt of a complete application for said project, the zoning
Administrator shall notify and furnish the Warren County Planning Board
in accordance with General Municipal law - Section 239 L & M with such
pertinent information as the Warren County Planning Board may deem
necessary for review and comment.
•
S .
64
C. The Planning Board shall fix a time within thirty-one (31) days from the
day an application for site plan approval is made for the hearing of any
matter referred to under this Section if a public hearing is deemed
necessary by the Planning Board. In determining whether a public hearing
is necessary, the Planning Board shall be guided by the expected level of
public interest in the project and the possibility of an eventual disap-
proval. No site plan review project may be disapproved unless a hearing
4111 shall have first been held on the project application. The Planning
Board shall give public notice thereof by the publication in the official
newspaper of such hearing at least five (5) days prior to the date
thereof. In the case of Type II (Class B) actions within the Adirondack
Park, a copy of the public hearing notice shall be mailed to the Adiron-
dack Park Agency and to the Zoning Board of Appeals. The Adirondack Park
Agency shall be a full party in interest with standing to participate in
any and all proceedings on projects within the Adirondack Park conducted
pursuant to this Section.
The Planning board shall decide on the application within thirty-one (31)
days after such a hearing, or after the application is filed if no
hearing has been held, provided, however, the time within which the
Planning Board must render its decision may be extended by mutual consent
of the applicant and the Planning Board.
D. The decision of the Planning Board shall immediately be filed in the
office of the Town Clerk and a copy thereof mailed to the applicant. The
decision shall contain such findings of fact as are required by Section
• 5.070 hereof. The Planning Board, in conjuncture with its approval of
any site plan review project, may impose such requirements and conditions
as are allowable within the proper exercise of the police power,
including the restriction of land against further development of
principal buildings whether by deed restriction, restrictive covenant or
other similar appropriate means, to insure that guidelines as to
intensity or development as provided in this Ordinance shall be
respected, and the imposition of reasonable conditions to insure that the
project will be adequately supported by services and improvements made
necessary by the project and to insure that the project will be completed
in accordance with the terms of the application and any permit and
including, without limitation, the requirements and conditions authorized
under Section 5.020 of this Ordinance. In addition, the Plannin g Board
may require that the Zoning Administrator incorporate any such require-
ments and conditions in any permit issued with regard to such site plan
review project.
In the case of Type II site plan review projects located within the
Adirondack Park the decision shall also be sent to the Adirondack Park
Agency.
•
65
E. Unless otherwise specified or extended by the Planning Board, a decision
on any Site Plan Review shall expire if the applicant fails to undertake
the proposed action or project, to obtain any necessary building permits
to construct any proposed new building(s) or change any existing
building(s), or to comply with the conditions of said authorization
within one (1) year from the filing date of such decision thereof.
Section 5.060 Criteria for Review of Type I and Type II Site Plan Review. •
A. All Type I proposals, uses or projects located within the Adirondack Park
shall be referred to the Adirondack Park Agency for Class A Regional
Project Review simultaneously to the Site Plan Review process. This
identical process will be followed for any Type I or SEOR.project.
B. The Planning Board shall not approve a use unless it first determines
that such site plan review use meets the site plan review standards and
requirements of Section 5.070 and that such site plan review use meets
any additional standards and requirements of Article 7 applicable to that
use.
Section 5.070 Requirements for Type I and Type II Site Plan Review.
In order to approve any Type I and Type II Site Plan Review use the Planning
Board shall find that:
A. The use complied with all other requirements of this Ordinance, including
the dimensional regulations of the zoning district in which it is
1111
proposed to be located; and
B. The use would be in harmony with the general purpose or intent of this
Ordinance, specifically taking into account the location, character, and
size of the proposed use and the description and purpose of the district
in which such use is proposed, the nature and intensity of the activities
to be involved in or conducted in connection with the proposed use, and
the nature and rate of any increase in the burden on supporting public
services and facilities which will follow the approval of the proposed
use; and
C. The establishment, maintenance or operation of the proposed use would not
create public hazards from traffic, traffic congestion, or the parking of
vehicles and/or equipment or be otherwise detrimental to the health,
safety or general welfare of persons residing or working in the
neighborhood or to the general welfare of the Town; and
66
• D. The project would not have an undue adverse impact upon the natural,
scenic, aesthetic, ecological, wildlife, historic, recreational or open
space resources of the Town of the Adirondack Park or upon the ability of
the public to provide supporting facilities and services made necessary
by the project, taking into account the commercial, industrial,
residential, recreational or other benefits that might be derived from
the project. In making this determination, hereunder the Planning Board
• shall consider those factors pertinent to the project contained in the
development considerations set forth herein under Section 5.071 of this
Ordinance and in so doing, the Planning Board shall make a net overall
evaluation of the project in relation to the development objectives and
general guidelines set forth in Section 6.040 of this Article.
E. The Planning Board review of the Site Plan shall include, as appropriate,
but not limited to the following general standards:
1. Location arrangement, size, design and general site compatibility of
buildings, lighting and signs.
2. Adequacy and arrangement of vehicular traffic access and circulation,
including intersections, road widths, pavement surfaces, dividers and
traffic controls.
3. Location, arrangement, appearance and sufficiency of off-street park-
ing and loading.
• 4. Adequacy and arrangement of pedestrian traffic access and circulation,
walkway structures, control of intersections with vehicular traffic
and over all pedestrian convenience.
5. Adequacy of storm water drainage facilities.
6. Adequacy of water supply and sewage disposal facilities.
7. Adequacy, type and arrangement of trees, shrubs and other suitable
plantings landscaping and screening constituting a visual and/or noise
buffer between the applicants and adjoining lands including the
maximum retention of existing vegetation and maintenance including.
replacement of dead or deceased plants.
8. Adequacy of fire lanes and other emergency zones and the provision of
fire hydrants.
9. Adequacy and impact of structures, roadways and landscaping in areas
with susceptibility to ponding, flooding and/or erosion.
•
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Section 5.071 Development Consideration.
The following are those factors which relate to potential for adverse impact
upon the natural, scenic, aesthetic, ecological, wildlife, historic,
• recreational or open space resources of the Town of Queensbury. These
factors, listed below shall be considered, as provided in this Ordinance,
before any site plan review project is undertaken in the Town. Any burden on
the public in providing facilities and services made necessary by such land
use and development or subdivisions of land shall also be taken into account, •:
. as well as any commercial, industrial, residential, recreational or other
benefits which might be derived therefrom.
A. Natural Resource Considerations
1. Water
a) Existing Surface and Ground Water Quality
b) Natural Sediment of Siltation
c) Eutrophication
•
d) Existing Drainage and Runoff Patterns
e) Existing Flow Characteristics
f) Existing Water Table and Rates of Recharge
2. Land
a) Existing Topography
b) Erosion and Slippage •
c) Floodplain and Flood Hazard
d) Mineral Resources
e) Viable Agricultural Soils
f) Forest Resources
• g) Open Space Resources
h) Vegetative Cover
i) The Quality and Availability of Land for Outdoor Recreational
Purposes.
•
3. Air
a) Air Quality
4. Noise
a) Noise Levels
5. Critical Resource Areas
a) Rivers and corridors of rivers designated to be studied as wild,
scenic or recreational in accordance with the environmental •
conservation law
b) Waterbodies, streams and their flood plains and corridors
c) Rare plant communities
d) Habitats of rare and endangered species and key wildlife
habitats
68
l
e) Alpine and sub-alpine life zones
f) Wetlands
g) Elevations of twenty-five hundred (2,500) feet or more
h) Unique features, including gorges, waterfalls, and geologic
formations
6. Wildlife
• a) Fish and Wildlife
7. Aesthetics
a) Scenic Vistas
b) Natural and Man-made Travel
B. Historic Site Considerations
1. Historic Factors
a) Historic Sites or Structures
C. Site Development Considerations
1. Natural Site Factors
a) Geology
• b) Slopes
c) Soil Characteristics
d) Depth to ground water and other hydrological factors
2. Other Site Factors
a) Adjoining and nearby land uses
b) Adequacy of site facilities
D. Governmental Considerations
1. Governmental Service and Finance Factors
a) Ability of government to provide facilities and services
b) Municipal school or special district taxes or special district
user charges
E. Governmental Review Considerations
1. Governmental Control Factors
• a) Conformance with other governmental controls
End of Article 5
69
ARTICLE 6
REGIONAL PROJECT REVIEW
Section 6.010 Purpose of Article. The purpose of this Article is to further the
general purposes, policies and objectives of this Ordinance and the
Adirondack Park Agency Act by setting forth the criteria for review of Class
A Regional Projects by the Adirondack Park Agency (Class A projects as •
defined in Appendix A).
A. No person shall undertake a Class A Regional Project unless and until
the Agency shall have reviewed and approved, or approved by subject to
conditions, such project, and has issued an Agency permit with respect
thereto pursuant to the terms of the Adirondack Park Agency Act and the
pertinent Agency Rules and Regulations.
B. If a Type I or Type II Site Plan Review project is also a Class A
Regional Project or Class A Subdivision, the project will be deemed to be
a Class A Regional Project or Class A Subdivision in its entirety.
Section 6.020 Criteria for Review of Class A Regional Projects by the Adirondack Park
Agency.
A. The Adirondack Park Agency shall have jurisdiction to review and approve,
approve subject to conditions or disapprove all Class A Regional Projects
proposed to be located within the territory of the Town, pursuant to and III
in accordance with Section 809 (9) of the Adirondack Park Agency Act, the
applicable Agency Rules and Regulations, and the criteria hereinafter set
forth.
B. The Adirondack Park Agency shall not approve a Class A Regional Project
unless it first determines, after consultation with the Planning Board
and receipt of the advisory recommendations of the Planning Board
relative to the Project, that the Project would comply with all provi-
sions of this Ordinance including those contained in Articles 4, 5, and
7, hereof, and of such other Ordinances and Regulations as shall be
components of the Town Land Use Plan.
C. In making the determination required by Section 809 (9) of the Adirondack
Park Agency Act as to the impact of a proposed Class A Regional Project
upon the resources of the Adirondack Park including the ability of all
levels of government to provide supporting facilities and services made
necessary by the project, the Agency shall consider those factors per-
tinent to the project, contained in the development considerations set
forth in Section 5.071 of the project in relation to the development
objectives and general guidelines set forth in Appendix C of this
Ordinance. ID
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70
0 D. Notwithstanding the fact that Class A Regional Project approval may have
been granted by the Adirondack Park Agency after a finding by that body
that the project would comply with all provisions of this Ordinance, it
must be recognized that reasonable bodies may differ.
Therefore, where the Town Planning Board finds that the project would
have an undue adverse impact upon the natural, scenic, aesthetic,
ecological, wildlife, historic, recreational or open space resources of
• the Town or upon the ability of the Town to provide supporting facilities
and services made necessary by the project, taking into account the
commercial, industrial, residential, recreational or other benefits that
might be derived from the project, or that the project would otherwise
not be approvable under this Ordinance, the Board may disapprove the
project, irrespective of any Agency approval. In such case, the reasons
for Planning Board disapproval shall be specified in writing.
Section 6.030 Planning Board Authority Regarding Class A Regional Projects.
A. The Planning Board is hereby designated to consult with the Adirondack
Park Agency with regard to Agency review of Class A Regional Projects.
B. As soon as reasonable practicable following receipt by the Planning Board
from the Adirondack Park Agency of notice of application completion with
regard to a Class A Regional Project, the Planning Board or one or more
designees thereof shall consult with the Agency for the purpose of
analyzing the project application and formulating advisory recommenda-
• tions as to whether the project meets all of the pertinent requirements
and conditions of the Town Land Use Plan.
C. Not later than thirty (30) days following receipt by the Planning Board
from the Agency of notice of application completion with regard to a
Class A Regional Project, the Planning Board shall notify the Agency
whether the project meets the pertinent requirements of the Town Land Use
Plan.
Section 6.040 Regional Project Review and Site Plan Criteria.
A. The principal aspects of a project site to be considered in completing
regional project review are found in a supplementary document titled
Regional Project Review and Site Plan Criteria Appendix C for the Town
of Queensbury.
•
. End of Article 6
71
•
ARTICLE 7
0
SUPPLEMENTARY REGULATIONS
Section 7.010 Shoreline and Wetland Regulations.
Section 7.011 Purpose •
The purpose of these shoreline regulations is to promote and protect the
public health, welfare and safety, and to protect economic property values,
aesthetic and recreational values, and other natural resource values
associated with all lakes, ponds, streams, swamps or wetlands. It is the
further purpose of these regulations to:
A. Provide for the protection, preservation, proper maintenance and use of
Township watercourses and wetlands in order to minimize disturbance to
them and to prevent damage from erosion, turbidity, or siltation, a loss
of wildlife and vegetation, and/or from the destruction of the natural
habitat thereof;
R. To provide for the protection of the Township's potable fresh water sup-
plies from the dangers of drought, overdraft, pollution or mismanagement..
Section 7.012 Regulations.
A. In the case of the shorelines of all lakes, ponds, streams, swamps or
wetlands and the shoreline of the Hudson River, the following restrictions
shall apply:
1. Cutting Restrictions. In the case of the shoreline of all lakes,
ponds, rivers, streams, swamps, or wetlands and the shoreline of the
Hudson River, the removal of vegetation, including trees, shall be
permitted on shorefront lots provided the following standards are
met.
a) Within thirty-five (35) feet extending inland from all points
along the mean high water mark no vegetation may be removed.
This area shall be maintained as an undisturbed natural buffer
strip.
b) The general exception to this standard shall be an allowance for
lake access and beaches. The creation of a contiguous clear-cut
opening in the buffer strip shall not exceed twenty (20%) percent
of the shoreline frontage on any individual lot. The clear-cut
should be sited on the lot so as to allow for a view and access,
but reduce runoff. The pathway created should be constructed or
surfaced to be effective in controlling erosion. III
72
1.1 c) The above cutting standards shall not be deemed to prevent the
removal of diseased vegetation or of rotten or damaged trees or
of other vegetation that present safety or health hazards or
pruning of shrubs, cutting of grass or similar yard maintenance
procedures. The purpose of the tree cutting and land clearing
regulation is to protect scenic beauty, control erosion and
reduce effluent and nutrient flow from the shoreland. These pro-
visions shall not apply to the removal of dead, diseased or dying
trees or to other vegetation that in the opinion of the Zoning
Administrator, present safety or health hazards.
d) Cutting Plan. As an alternative to the above sub-sections, a
special cutting plan allowing greater cutting may be permitted by
the Planning Board. An application shall include a sketch of the
lot and provide the information on the topography of the land,
existing vegetation, proposed cutting plan and proposed
revegetation plan. The Planning Board shall request the Soil
Conservation Service to review the plan and make recommendations
according to the Memorandum of Understanding signed by both
parties. The Planning Board may approve such plan only if it
finds that such special cutting plans:
1) Will not cause undue erosion or destruction of scenic beauty;
2) Provide that natural shrubbery is preserved as far as practi-
cable and, where removed, it is replaced with other vegetation
' that is equally effective in retarding runoff, preventing
erosion and preserving natural beauty;
3) Will provide substantial visual screening from the water to
dwellings, accessory structures and parking areas. Where the
plan calls for replacement plantings, the Zoning Officer shall
require the submission of a bond which will guarantee the per-
formance of the tree or shrubbery replacement by the lot owner;
4) Will not violate the standards of the Land Clearing section of
Article V, or the shoreline restrictions of the Adirondack
Park Agency in accordance with the following:
a. Within 35 feet of the mean high water mark no vegetation
may be removed, except that up to a maximum of 30% of the
trees in excess of six inches in diameter at breast height
existing at any time may be cut over any ten-year period;
and
b. Within six feet of the mean high water mark no vegetation
• may be removed, except that up to a maximum of 30% of the
shorefront may be cleared of vegetation on any individual
lot.
73
A
e) Revegetation. Where a shoreline lot owner violates the shoreline
cutting restrictions, the Zoning Administrator shall require total
revegetation so as to create a buffer strip area which is in
compliance with this section. A vegetative recommendation can be
made by the Warren County Soil and Water Conservation District,
if requested by the Zoning Administrator. This provision shall be
in addition to any and all penalties contained in this Ordinance.
2. Docks and Moorings. In all residential and recreation commercial •
zones, docks may be constructed on any legal size building lot, sub-
ject to number, size, configuration and setback restrictions and for
which a building permit has been issued.
a) No dock shall be constructed in any configuration other than
straight, F, L, T or U-shaped. E-shaped dock shall be allowed
only where lots exceed 150 linear feet of shoreline frontage.
b) No, dock shall extend more than forty (40) feet offshore from
the mean low water mark, except that in streams or brooks, no
dock shall extend offshore more than twenty (20) percent of
the width of the stream or brook at the point of
construction.
c) No dock shall exceed eight (8) feet in width.
d) No F, L, T or U-shaped dock surface area shall exceed seven
hundred (700) square feet.
e) Every dock or wharf constructed shall have a minimum setback of
twenty feet from the adjacent property line extended into the
Lake on the same axis as the property line runs onshore where it
meets the Lake, or at a right angle to the mean high-water mark,
whichever results in the greater setback.
f) No dock shall be constructed so as to interfere with normal
navigation or reasonable access to adjacent wharves.
g) The number of private docks permitted to be constructed per
residentially used lake front lot is limited as follows: one
hundred (100) feet or less of lake frontage--no more than one
dock; one hundred one to two hundred fifty (101 - 250) feet of
lake frontage--no more than two docks; two hundred one to five
hundred (251 - 500) feet of lake frontage--no more than three
docks; plus one additional dock allowed for each one hundred
fifty (150) feet of lake frontage in excess of five hundred (500)
feet.
h) No more than three (3) docks shall be constructed per
commercially used lake front lot. All docks shall conform to the •
configuration and size defined herein.
i ) No dock shall be constructed unless designed to withstand
forces of flowing water and wave washes.
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illi j ) Boathouses and covered docks shall not exceed eighteen ( 18)
feet in height measured from the water level to the highest
point of the structure for peak roofs and fourteen ( 14 ) feet
for flat roofs.
k) Boathouses shall he designed and constructed solely For the
storage of boats and related equipment and shall not, include
• provisions for sleeping, cooking or sanitary facilities.
1) No wharf shall be constructed within fifty (50) feet of a wetland
except Lake George which is located adjacent to or along the
shoreline.
m) Treated lumber, when used for the construction of docks, shall be
the sealed, non-leaching type.
n) Moorings.
1) No more than four (4) moorings shall be allowed per
commercially used lot less than five hundred (500) feet of
shoreline frontage. No more than one (1) mooring per one
hundred (100) feet of shoreline frontage shall be allowed per
commercially used lot with five hundred (500) or more feet of
shoreline frontage.
2) The number of private moorings allowed per residentially
used lake front lot is limited as follows: one hundred (100)
feet or less of lake frontage--no more than one mooring; one
hundred one to two hundred fifty (101 - 250) feet of lake
frontage--no more than two moorings; two hundred fifty one to
five hundred (251 - 500) feet of lake frontage--no more than
three moorings; plus one additional mooring allowed for each
one hundred fifty (150) feet of lake frontage in excess of
five hundred (500) feet.
3) Moorings shall be placed so that vessels moored to them, at
the full swing of their mooring or anchor line, will be no
closer than twenty feet to the projection of the property
lines extended into the Lake along the axis of the property
lines as they intersect the Lake, or a line extended at a
right angle to the mean high-water mark, whichever results in
the greater setback. Moorings shall not be placed so that
the full swing of the vessel extends more than one hundred
feet offshore from the mean high-water mark.
o) Miscellaneous Provisions.
• 1) No owners of the upland property shall fail to completely
remove any pilings, floats and/or any other related
components which are abandoned or fall into disuse.
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2) No person shall fail to comply with any special conditions
attached to any permit issued for the construction of a
dock.
;t) A permit is not required for repairs to an existing dock,
If such repairs do not alter its size or shape.
3. Shoreline Setbacks. The minimum setback from the mean high water
mark of all principal buildings and accessory structures, other than .
docks or boathouses, shall be seventy-five (75) feet in the LI-1A,
WR's, SR's, SFR's, UR's, MR, CR, UR and RR zones and all Commercial
Zones; one hundred (100) feet in LC and PR zones and two hundred
(200) feet in HI-3A zone.
4. Minimum Water Frontage. The minimum lot water frontage measured
along a shoreline as it weaves and forms for each one-family
residential structure shall be shall be seventy-five (75) feet in
UR, SR-15, SFR-10, RC-15 and NC-10 zones; eight (80) feet in the MR
zone; one hundred (100) feet in the SR-20 and CR-15 zones; one
hundred fifty (150) feet in the WR-1, SR-20, SFR-1A, HC-1A, and NC-
1A; two hundred (200) feet in the WR-3, RR, RC-3, PC-1A, LI-1, LI-3
and HI-3 zones; four hundred (400) feet in the LC and PR-10 zones;
and eight hundred (800) feet in the PR-42 zone.
Nothing herein shall be deemed to preclude the application of
appropriate shoreline restrictions to new uses other than one-family
residential structures subject to site plan review or otherwise by
this Ordinance.
5. Minimum Shoreline Frontages for Contractural Access. The following
minimum shoreline frontages shall be required for deeded or contrac-
tual access to all such lakes, ponds, rivers or streams for two (2)
or more lots, parcels or sites or multiple family dwelling units not
having separate and distinct ownership of shore frontage.
a) Where two (2) to four (4) lots, parcels or sites or multiple
family dwelling units are involved, a total of not less than one
hundred (100) linear feet of shoreline and
b) Twenty-five (25) additional feet of shoreline for each lot,
parcel or site or multiple family dwelling unit thereafter.
R. Sewage Facilities. Shall comply to Town of Queensbury Sanitary Sewage
Disposal Ordinance. (See separate schedule)
C. Alteration to the Shoreline. No filling, grading, lagooning, dredging,
ditching and excavating of the shoreline or the addition or replacement
of retaining walls along the shoreline shall be undertaken without Site •
Plan Review. The following general standards shall apply for construc-
tion along the shoreline:
1 . The activity shall not alter the natural contours of the shoreline.
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2. The activity shall not disturb shoreline vegetation except in a
minimal way. Where vegetation is destroyed or removed it shall he
restored or replaced with indigenous vegetation. Stabilization shall
he in accordance with the U.S. Soil Conservation Service Engineering
standards and specifications.
3. The activity shall be carried out in a manner designed to minimize
erosion, sedimentation, and impairment of fish and wildlife habitat.
• 4 . All applicable federal, state and other agency permits shall he
obtained.
5. In addition, the following specific conditions shall apply:
a) FILLING: There shall be no fill placed in waters of any lake,
stream, pond, river or wetland, except as associated with shore-
line protective structures, or beach replenishment, or otherwise
found to be beneficial to existing shoreline conditions or water
quality or clarity. Any fill placed adjacent to any lake, stream,
pond, river or wetland shall be protected against erosion.
b) DREDGING: There shall be no removal or rearrangement of
materials in the water, except at those locations where such
removal or rearrangement is found to be beneficial to existing
shoreline conditions, uses and water quality and clarity. Where
dredging is permitted, soil materials shall not be deposited in
the vicinity of the waterfront.
c) RETAINING WALLS: The addition, expansion or replacement of any
type of retaining wall shall be discouraged, except in the case
where the alternative of shoreline restoration to a natural state
is impossible due to excessive Slope or severe erosion problems,
a condition to be determined by the Zoning Officer. Retaining
walls shall not be permitted to be constructed for only aesthetic
reasons. When permitted, retaining walls shall not exceed
sixteen (16) inches in height, as measured from the stationary
mean high water mark, and shall be constructed of native stone or
wood. When treated lumber is used for the construction of a
retaining wall it shall be the sealed non-leaching type.
D. Shoreline Fill/Hard Surfacing.
No fill or hard surfacing shall be permitted within fifty (50) feet of
any lake, pond, river, stream or wetland except by Site Plan approval of
the Planning Board, except that no review/approval shall be required for
preventative maintenance or repair caused by erosion or other acts of
• nature. Private driveways crossing a stream are further exempted from
this section provided, however, such driveways do not exceed fifteen (15)
feet in width. The above exceptions shall not be construed to be relief
from any other governmental agency having jurisdiction.
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Wetland will be determined by New York State Department of Environmental
Conservation Wetlands maps, the Queensbury Planning Board and/or any
•
governmental agency having jurisdiction.
E. Fences.
1 . No fence greater than four (4) feet in height, as measured from the
level grade at any point along said fence shall be erected within
fifty (50) feet of the mean high water mark of the shoreline. •
2. No fence greater than one hundred (100) square feet in area measured
by the vertical surface area of one side as circumscribed by its
perimeter shall be located within the shoreline setback.
3. For other fence regulations see Section 7.090 Fences.
Section 7.020 Tourist Accommodations.
A. For tourist accommodation units which are attached to a similar unit by a
party wall, units of tourist homes, or similar structures, and tourist
cabins or similar structures for rent or hire involving less than three
hundred (300) square feet of floor space each, the minimum land area
necessary for each unit, shall be one-tenth the minimum lot area required
for the zoning district in which the tourist accommodation is to be
located, except as is otherwise required in the Highway Commercial Zone
and provided that no tourist accommodation shall be located on a lot
smaller than the minimum lot size required in the zone in which the lot
is located.
R. The minimum land area for a tourist cabin or similar structure for rent
or hire having more than three hundred (300) square feet of floor space
shall be the minimum lot area in the Zoning Schedules contained in
Section *vete hereof, for the zoning district in which the cabin or
structure is to be located.
C. No portion of a tourist accommodation shall be closer to the boundary
line of the adjoining property not in same ownership than the minimum
setback requirements of the zone in which the lot is located.
9. Where a motel, hotel or tourist accommodation involves the shoreline of
any lake or pond, or any river or stream navigable by boat, including
canoe, the following shoreline frontages shall be required per room or
unit, unless the minimum shoreline lot width in Section 7.011 hereof for
the zoning district involved is greater, in which case the greater lot
width shall be required; one hundred (100) feet for one to ten accommo-
dation units; for each additional unit, up to twenty (20) units, eight
(8) additional feet; for each additional unit, up to forty (40) units, •
five (5) additional feet; for each additional unit thereafter, three (3)
additional feet.
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Section 7.030 Multiple Family Dwellings.
A. Density the overall density of each zone shall be the amount of land
area necessary for each dwelling unit located in any multi-family project
or duplex unless specified otherwise in Article 4 hereof or in the Town
of Queensbury Subdivision Regulations.
• 1 . Duplexes Because of the similarity in appearance of duplexes to
single family detached homes, similar yard requirements are typical,
except that each housing unit requires the total side area.
2. Multifamily and Larger Unit Configurations
See zone requirements in Article 4 hereof and Town of Queensbury
Subdivision Regulations.
B. Access -
1 . Road Design All non-public roads used for vehicular circulation in
al] multi-family projects shall be designed in width, curvature, etc.
to accommodate service and emergency vehicles and shall meet all
Town standards for public roads.
2. Ingress and Egress Where project roads intersect public roads the
subdivision site distances and grades shall apply. Generally all
road systems should be looped, if possible, minimizing dead-ends and
1111 cul-de-sacs.
3. Pedestrian Walkways Pedestrian Walkways shall be provided
connecting the housing units to vehicular storage areas and
recreation areas. Pedestrian walkways shall be separated from
project roads with adequate visual indications or crosswalks to
insure pedestrian safety.
4. Adequate off-street parking shall be provided as per Section 7.070 -
7.073 of this Article.
C. Water and Sewer Facilities -
1 . Water Facilities Approval of water supply by the Queensbury Water
Department when within Queensbury Water District or Department of
Health or other appropriate regulating agency shall be mandatory.
All necessary permits must be secured prior to construction.
2. Sewage Disposal Facilities Approval of the sewage disposal system
by New York State Department of Environmental Conservation or other
• appropriate regulating agency shall be mandatory. All necessary
permits must be secured prior to construction.
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D. Recreation Facilities For multi-family projects with fifty (50) or more
units, a Recreation Plan depicting what measures are being planned to
meet anticipated recreation needs of project residents shall be approved
by the Planning Board.
Section 7.040 Agricultural Uses.
Section 7.041 Farm Classifications. Because of the diversity of land use in Queens-
bury and for purposes of this Ordinance, farms are classified in four (4) •
categories (A,B,C,D) as defined below.
Class A Any parcel of land in excess of ten (10) acres used for the raising
of agricultural products or the keeping of poultry, fowl, livestock,
small mammals or domestic animals for commercial purposes, including
the necessary farm structures and the storage of farm equipment.
Class B (Animals) Any parcel of land less than ten (10) acres, but more
than five (5) acres, used for raising or keeping of livestock,
poultry, fowl, small mammals or domestic animals either for com-
mercial purposes or for personal pleasure or use.
Class C (Agricultural) Any parcel of land in excess of five (5) acres used
for the production of agricultural products and especially fresh
fruits and vegetables (as distinguished from grain and other
staples) for commercial purposes.
Class I1 Hobby. Any parcel of land less than five (5) acres used for the
1111
raising of agricultural products or keeping of large or small
mammals, poultry, fowl , or domestic animals for personal use or
pleasure and being incidental to residential use.
Section 7.042 Standards for Animal Husbandry. Shall be according to New York State
Agricultural Service.
Section 7.043 Farm Animals. Such as cattle raised in feedlots are only allowed on
farms in excess of twenty-five (25) acres.
A. Standards for accommodations of these animals will be determined by the
Planning Board with help from the Cornell Cooperative Extension of
Warren County.
Section 7`.044 For the Raising of Horses and Ponies. In the case of horses and
ponies, a minimum of three (3) acres shall be required for one (1) horse or
pony, however, where two (2) or more horses or ponies are concerned, a
minimum of two (2) acres per horse or pony shall be required.
Section 7.045 Cultivation. Agricultural Uses as specified in Section 7.040 are
subject to the restrictions herein: •
A. Furrows shall be parallel to the contour of the land on slopes steeper
than 8%.
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•
B. Grades steeper than ten (10) per cent shall be interrupted every one
hundred ( 100) feet of descent by an undisturbed strip of sod or shrubbery
ten ( 10) feet or more in width.
C. Manure shall be applied to land in such a manner so as to minimize offen-
sive odors to neighbors and in no case shall be closer than ten (10) feet
to a property line.
• D. Cultivation methods shall minimize runoff of leaching into a wetland
stream, river, pond or lake or other body of water or adjacent property
and in no case shall be closer than seventy-five (75) feet from the mean
high water mark of said body of water, except that in the case of an
intermittent stream where cultivation may extend to twenty-five (25)
feet from the mean high water mark and except that setbacks for
cultivation shall conform to the Town of Queensbury stream corridor
management plan.
F. Pesticides and herbicides shall be applied in such a manner as to prevent
their spread to adjacent properties.
Section 7.050 Mining, Excavation or Minerals/Gravel.
Section 7.051 Excavation.
A. Slopes caused by the excavation shall upon completion not exceed thirty
(30) per cent.
• B. Depth of excavation shall approach no closer than five (5) feet to the
average high point to the groundwater table measured annually, except
upon a showing satisfactory to the Planning Board during site plan review
under Article 5 that the site plans contain mitigative measures adequate
to assure that the proposed use of the land will not cause any undue,
adverse impacts either to such groundwater table or to any surface waters
into which such lands drain.
C. Stock piled material shall not exceed thirty-five (35) feet in height.
Section 7.052 Buffer Zones.
A. An undisturbed fifty (50) foot buffer zone shall surround the excavation
within the limits of the property.
B. The entry into the excavated area shall be curved so as to prevent a
direct view from the public R.O.W.
C. The provisions of the Soil Erosion Standards shall govern all excavations.
• Section 7.060 Soil Erosion Standards.
ill/
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Section 7.061 Construction on Slopes.
41/0
A. Except for approved existing subdivisions, Site Plan Review shall be
required for the following:
1 . Any detached structure proposed to be constructed on any lot, parcel
or site having a slope of fifteen (15) percent or more within a fifty
(50) foot radius of proposed location of said structure.
a) Removal or excavation of one hundred (100) cubic yards or more
of rock, soil or vegetation from such site.
2. Proposed construction of a privately owned driveway, road or right-
of-way on a slope of ten (10) percent or more.
Maximum cut or fill shall be six (6) feet from existing grade to finish
grade for all residential construction.
Section 7.062 Guidelines. Unless the standards in Section 7.062 below are more
restrictive, the applicant shall conform to the published "Guidelines for
Erosion and Sediment Control in Urban Areas of New York State" by U.S.D.A.
S.C.S. , copies of which are maintained at each Soil and Water Conservation
District Office.
Section 7.063 Standards.
A. When land is exposed during development the exposure should be kept to
the shortest practicable period of time and the smallest amount of land
possible.
13. Grading and development shall preserve salient natural features such as
trees, groves, natural terrain, waterways and other similar resources
and shall conform substantially with the natural boundaries and alignment
of watercourses.
C. Provision shall be made prior to, during and after construction to
dispose of increased runoff caused by changed surface conditions, in a
manner which minimizes danger of flooding, erosion and pollutants from
urban runoff entering lakes, streams or rivers.
9. Temporary vegetation and mulching shall be used to protect critical areas
during development.
E. Permanent vegetation shall be successfully established and erosion con-
trol structures shall be installed as soon as practical on development.
Where ever feasible natural vegetation shall be retained and protected.
F. Topsoil removed from areas for structures shall be redistributed within •
the boundaries of the lands in question so as to provide suitable base
for seeding and planting.
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G. The development shall be fitted to the topography and soils to create the
least erosion potential. Cut and Fill operations shall he kept to a
minimum and transition smoothly into existing topography so as to create
the least erosion potential and adequately accommodate the volume and
rate of velocity of surface runoff.
II. Cuts and fills shall not endanger adjoining property nor divert water
onto the property of others.
• I. Provisions shall be made to effectively accommodate the increased runoff
caused by changed soil and surface conditions during and after develop-
ment.
J. Disturbed soils shall be stabilized as soon as possible. Temporary
vegetation and/or mulching shall be used to protect exposed land areas
during construction.
K. Sediment basins (debris basins, desilting basins or silt traps) shall be
installed and maintained to remove sediment runoff waters from land
undergoing development. Provisions shall be made to prevent surface
water from damaging the cut face of excavations, fills, or sloping
surfaces.
L. The control of erosion and sediment shall be a continuous process under-
taken as necessary prior to, during and after site preparations and
construction. Sedimentation control measures shall be installed as part
of site preparation prior to beginning any construction.
M. Permanent vegetation shall be successfully established and erosion
control structures shall be installed within a time specified on the
building permit. Wherever feasible, natural vegetation shall be retained
and protected.
N. All fill material shall be of a composition suitable for the ultimate use
of the fill, free of rubbish and carefully restricted in its content of
brush, stumps, tree debris, rocks, frozen material, and soft or easily
compressible material. Fill material shall be compacted sufficiently to
prevent problems of erosion.
0. Grades of at least one-half percent and drainage facilities shall be pro-
vided to prevent the ponding of water, unless such ponding is proposed
within site plans, in which event there shall be sufficient water flow to
maintain proposed water levels and avoid stagnation.
P. Provisions shall be made that there will be no detrimental effect on
water quality of the watercourses. There will be no discharge of
sediment or other material into the watercourses.
• Q. Fills shall not encroach on natural watercourses, constructed channels or
floodway areas. Fills placed adjacent to, or having impact on, natural
watercourses, constructed channels or flood plains shall have suitable
protection against erosion during periods of flooding.
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R. No development shall be permitted in a floodway if such development shall
raise water surface elevation of the base flood at any point in the
11/0
community.
S. The rate of surface runoff shall not be increased by new construction.
Whenever possible, drainage shall be sheet drained into earthen swales
and collected in a detention or retention basin. Where soils permit, the
water shall be allowed to percolate into soils. Where clayey soils
occur. water shall be collected during storm periods and released slowly •
into existing streams and drainage channels.
T. During grading operations, appropriate measures shall be taken for dust
control.
U. Grading equipment shall not be allowed to enter into or cross any water-
course, except in accordance with the best management practices as
defined in the building permit.
V. Whenever lawns are established, areas of natural vegetation shall be
maintained to filter fertilizers, pesticides or other chemicals before
the runoff enters natural streams or drainage channels. Property owners
shall be encouraged to leave natural vegetation rather than develop
lawns.
W. Boat ramps shall be limited to public boat launch sites and commercially
operated boat launches.
X. Boat ramps shall be designed to accommodate most runoff before it enters
the lake or river.
Section 7.070 Off-Street Parking and Loading.
The following regulations apply to mandatory parking off public or proposed
public right-of-ways. There are three primary considerations when designing
off-street (R.O.W. ) facilities.
A. Sufficient space for adequate parking and circulation of probable vehicle
space demand.
B. Safety of through-property designed egress and guaranteed access for
emergency vehicles.
R I
C. Safety for pedestrians.
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A
Section 7.071 Off-Street Parking Design.
Off street parking space shall be required for all buildings constructed,
altered, extended and engaged in use after the effective date of this
Ordinance. Each off-street space for residential or commercial uses shall
consist of at least two hundred (200) square feet and shall be at least ten
( 10) feet wide by twenty (20) feet long. Each off-street space for indust-
rial uses shall consist of at least one hundred eighty (180) square feet and
• shall he at least nine (9) feet wide and twenty (20) feet long. Each
parking space shall be reached by an access driveway at least twenty (20)
feet clear in width. In addition, space necessary for aisles, maneuvering,
safe pedestrian walkways and drives shall be provided. Parking requirements
are specified in Section 7.072.
For uses not specified in Section 7.072, the Planning Board may establish
parking requirements consistent with those specified in Section 7.072.
A. For any building having more than one (1) use, parking space shall be
required as provided for each use.
B. Floor areas for the purposes of computing parking requirements shall be
the sum of the horizontal area within exterior walls of the several
floors of a building, excluding basement, cellar and attic areas used
primarily for storage or service.
C. Any parking lot or parking area that will contain more than one hundred
( 100) cars shall he effectively divided by planted divider strips
planted with trees fixed in place so as to effectively divide
each parking area of one hundred (100) cars from another driveway and
parking area for the purpose of insuring safety of vehicles moving with-
in the entire parking area and to control speed.
All parking areas shall have a planted buffer area of at least five (5)
feet deep surrounding the parking lot or area.
There shall be a planted traffic island at both ends of each isle of
parking.
Tree planting in and around the parking lot or area shall be required as
follows:
1 . Within the buffer area one (1) tree shall be required for every ten
(10) spaces in the parking lot within.
2. Planted divider strips one (1) tree shall be required for every twenty
(20) spaces in the parking lot.
• 3. Each traffic island shall include at least one tree.
4. Additional plantings, landscaping and screening, including shrubs and
evergreen trees may be required by the Planning Board to screen the
parking lot or area from adjacent properties or the public right-of-
way.
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5. If existing trees and vegetation are left on the site, these may be
considered in lieu of new plantings.
6. New plantings shall conform to the following minimum sizes:
Major Trees 3 1/2 caliper
Evergreen Trees 4 - 6' height
Shrubs 2 - 3' height or spread •
Minor or Flowering Trees 2 1/2" caliper
7. New and existing plantings shall be maintained and dead or deceased
plants replaced in accordance with the plans approved by the Planning
Board. All vegetation shall be pruned so as not to interfere with any
driver's site lines needed for the safe maneuvering of vehicles.
D. There shall be a minimum of one access point (egress-ingress) from park-
ing areas for Industrial and Commercial uses. There shall be a physical
harrier separating the ingress and egress area of the access point. A
maximum of two lanes (20' ) shall be permitted for each. Each lane shall
be a maximum of twenty (20) feet wide. Access points shall be separated
from adjoining access points by at least one hundred fifty (150) ft.
E. All parking shall be adequately lighted.
Section 7.072 Off-Street Parking Schedule.
_
USE MINIMUM SPACES REQUIRED
a) Dwelling Two (2) spaces for each dwelling unit
h) Home Occupation One (1) space for each 300 square feet of
floor area used as such
c) Rooming House, Motel One (1) space for each guest room
d) Church or Temple One (1) space for each five (5) seating
spaces in main assembly room
e) Elementary School Three (3) spaces for each classroom
High School Four (4) spaces for each classroom
f) Theater or Other Place One (1) space for each four (4) seating
of Assembly spaces
g) Retail Store or Bank One (1) space for each one hundred (100)
square feet of gross floor area
h) Clubs and Restaurants One (1) space for each one hundred (100)
square feet of gross floor space or one
space for each four (4) seats whichever is
greater and one (1) space for each two (2)
employees
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i) Tavern or Bar One (1) space for each 100 square feet of
gross floor area plus one (1 ) space for each
linear foot of bar plus one (1) space for
each two (2) employees
j ) Wholesale, Storage, One (1) space for each one thousand (1,000)
Freight Terminal or square feet of gross floor area plus one (1)
Utility Use space appropriately sized for each company
• vehicle
k) Industrial Use or One (1) space for each two (2) employees on
Manufacturing Use the maximum working shift, plus one (1)
space for each company vehicle
1) Office Building One (1) space for each one hundred fifty
(150) square feet of gross floor area.
m) Drive-in Restaurant One (1) space for each twenty-five (25)
square feet of gross floor area and one
space for each four (4) seats and one (1)
space for each two (2) employees
n) Commercial or Shopping Five and five-tenth (5.5) parking spaces per
Center one thousand (1,000) square feet of gross
leasable floor space
o) Marina/Boat Storage On (1) space for each 1 1/2 boas stored.
Section 7.073 Off-Street Loading.
At least one (1) off-street loading space shall be provided for each commer-
cial or industrial establishment hereafter erected or substantially altered
to have a gross floor area in excess of five thousand (5,000) square feet,
computed as described below. Space for off-street loading shall be in
addition to space for off-street parking.
Each off-street loading space shall be subject to the following minimum
requirements:
A. Each berth shall be not less than twelve (12) feet wide, forty (40) feet
long and when covered fourteen (14) feet in height.
B. Off-street loading space (or spaces) located within fifty (50) feet of a
residential property shall be shielded by wall, fencing, or other suitable
material which shall serve to screen noise and uncontrolled entrance.
•
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Section 7.074 Accessory Structures and Uses.
•
A. Minimum Yard Regulations
1. Unattached Accessory Structures in LC-42A, LC-10A, RR-3A, RR-5A,
WR-1A, LR-3A, UR-1A, UR-10, MR-5, SR-1A, SR-20, SR-15, SFR-10,
SFR-20, and SFR-1A zones. Accessory structures, which are not
attached to a principal structure, may be erected in accordance with •
the following restrictions.
a) Accessory structures of less than one hundred (100) square feet
may be erected at a minimum of five (5) feet from side and rear
lot lines or buffer zone where required, provided that:
1) May not be located closer to the street than the required
setback line of the principal structure, and;
2) May not be located closer to a principal structure than ten
(10) feet.
b) Accessory structures greater than one hundred (100) square feet
must comply with the setback requirements applicable to the
principal structure.
c) No accessory structure is located closer to a principal structure
than ten (10) feet.
2. Attached Accessory Structures in LC-42A, LC-10A, RR-3A, RR-5A, 4110
WR-1A, WR-3A, UR-1A, UR-10, MR-5, SR-1A, SR-20, SR-15, SFR-10,
SFR-20, and SFR-1A zones. When an accessory structure is attached to
the principal building, it shall comply in all respects with the
requirements of this Ordinance applicable to the principal
buildings.
3. Accessory Structures in other zones. Accessory structures shall
comply with the front and side yard requirements for the principal
structure to which they are accessory, and shall not be closer to any
rear property line or buffer zone if required than ten (10) feet or
fifty (50) feet from another building.
4. Private Swimming Pools. Private swimming pools, permanent and
portable, which shall be accessory to a principal, non-commercial
dwelling use shall be regulated as follows: except that these
regulations shall not apply to portable swimming pools which shall be
not more than three (3) feet in height nor more than fifteen (15)
feet in length.
a) May be erected only on the same lot as the principal structure. •
88
a
b) May be erected only in the rear yard of such structure and shall
be of a distance not less than twenty (20) feet from the rear lot
lines or buffer zone where appropriate nor less than ten (10)
feet from the side lot line, or buffer zone where appropriate
principal structure or attached or detached accessory structure.
c) Such use shall not adversely affect the character of the
neighborhood.
• d) All private swimming pools shall be enclosed by a permanent fence
of durable material at least for (4) feet in height.
e) In the case where a lot fronts on two (2) or more public rights-
of-way, a private swimming pool shall be erected only on that
portion of the said lot that is directly adjacent to that side of
the principal building which is directly opposite the archi-
tectural main entrance of said building and the neighboring side
lot line. In no case shall the pool be any nearer to the lot
lines abutting any public right-of-way than the required front
setback for the principal building of the zoning district in
which it is located.
Furthermore, the pool shall be screened from the view of the
public right-of-way and the neighboring property by means of
landscaping. (See "Landscaping")
Section 7.075 Trash Receptacles.
A. Trash/garbage receptacles, containers and other devices intended for
temporary holding for removal from site of waste material shall be placed
in such manner that said receptacle is not visible from public rights-of-
way, which may be accomplished by means of one or more of the following:
1. Totally hidden behind building it serves
2. Screened by foliage or solid fencing.
3. Contained within a structure suitable for such use.
B. Trash/garbage receptacles shall be secured at all times to prevent any
waste material deposited or intended to be deposited in such receptacles
from being spread about by natural or other causes.
•
89
Ad
Section 7.076 Seasonal Dwelling Unit Conversion.
110
The conversion to year-round occupancy of any seasonal dwelling shall be
permitted only after approval under a Type II site plan review and in
accordance with New York State Building Code and New York State Energy
Conservation Construction Code and only after certification of the suit-
ability of the sanitary septic system by a licensed engineer to accommodate
year-round use. •
Section 7.077 Frontage Upon a Public Street.
Every principal building shall be built upon a lot with frontage upon a
public street improved to meet the standards of the Town of Queensbury.
A. The required frontage for one principal building shall be forty (40)
feet; and such frontage shall provide actual physical access to and from
the lot to be built upon for purposes of ingress and egress to the lot by
emergency vehicles such as fire trucks and/or ambulances.
B. Where private roads are proposed or where multiple principal buildings
are proposed for one lot such as garden apartments or an office park, the
minimum frontage on a public road for such use shall be the width of the
right-of-way for a public collector street. Such development shall
provide actual physical access to and from each principal building to be
built upon the property for the purpose of ingress and egress to each
principal building by emergency vehicles such as fire trucks and
IIP
ambulances.
Section 7.078 Minimum Floor Area Per Dwelling Unit.
A. Single family dwelling - 800 square feet
B. Two family dwelling, each unit - 750 square feet
C. Multiple residential, each unit - 600 square feet
Section 7.079 Buffer Zones.
A. Where any commercial use as defined in this Ordinance, with the
exception of farm operations, abuts any residential zone at the lot line
or at a street that said commercial or industrial use shall provide at
least fifty (50) feet (one hundred (100) feet for heavy industry) as a
buffer zone from the adjoining lot line of the residential zone or
street right-of-way.
B. Where any industrial use as defined in this Ordinance, abuts any
residential zone at the lot line or at a street that said industrial use
shall provide the following buffer zones from the adjoining lot line of
the residential zone or street right-of-way: •
" Light industry at lot line 50'
" Light industry at street 100'
" Heavy industry at lot line 100'
" Heavy industry at street 100'
90
h.
C. Likewise, where any residential use, as defined in this ordinance with
the exception of farm operations, abuts any commercial or industrial
zone at the lot line or at a street, that said residential use shall
provide at least fifty (50) foot as a buffer zone from the adjoining lot
line of the commercial or industrial zone or street right-of-way.
D. Where an industrial use abuts a commercial zone at the lot line or at a
4111 street the said industrial use shall provide at least fifty (50) feet for
light industry and one hundred (100) feet for heavy industry as a buffer
zone from the adjoining lot line of the commercial use or street right-of-
way.
Section 7.080 Satellite Receiving Antennas.
A. Not more than one satellite dish antenna shall be allowed on any
residential lot for residential purposes.
B. All satellite dish antennas shall be properly anchored as determined by
the building inspector.
C. The construction and installation of satellite dish antennas shall
conform to all applicable building codes and other regulations and
requirements.
D. Satellite dish antennas shall be adequately grounded.
SE. Subject to the provisions contained herein, satellite dish antennas shall
be located only in the rear yard of any lot. If a usable satellite
signal cannot be obtained from such rear yard, the antenna may be located
on the side yard of the property subject to the requirements contained in
the zoning ordinance. In the event that a usable satellite signal cannot
• be obtained by locating the antenna on the rear or side yard of the
property, such antenna may be placed on the roof of the dwelling
structure or front yard of the property.
F. Usable satellite signal shall mean satellite signals from the major
communications satellite that, when viewed on a conventual television
set, are at least equal in picture quality to those received from local
commercial television stations or by way of a cable television.
G. All satellite television antennas shall be effectively screened on all
sides that do not create an adverse picture reception by a solid fence,
compact evergreen hedge, planting screen or principal structure.
Satellite television antennas shall be located and designed to reduce or
eliminate visibility from surrounding properties at street level, and
from public streets.
•
91
A
H. A satellite dish antenna greater than three (3) feet in diameter shall
comply with the setback requirements of a principal use or structure in Ilir
the zone in which it is located. A satellite dish less than three (3)
feet in diameter shall comply with the setback requirements of an
accessory use or structure in the zone in which it is located except that
it shall not be located less than ten (10) feet from any property line or
easement.
I. A ground-mounted satellite dish antenna shall not exceed a grade height . •
of twelve (12) feet.
J. Wiring between a ground-mounted satellite dish antenna and a receiver
shall be placed beneath the surface of the ground.
K. Roof-mounted satellite dish antennas shall not be mounted on chimneys,
towers, spires or trees. The antenna shall be placed below the ridge
line of the roof.
Section 7.090 Fences
Fences shall be permitted as provided in this section and section 7.012 E.
A. In no case shall barbed wire, electricity or similar materials or devices
be used in conjunction with or as part of any fence. The provisions of
this subsection shall not apply to fences on premises used for farm,
limited industrial and utility purposes.
B. No fence shall be permitted which is expressly designed with the intent
to injure or maim anyone who attempts to climb such a fence.
C. No fence, over three (3) feet in height shall be erected or maintained
within twenty (20) feet of any front property line. The provisions of
this subsection shall not apply to fences on premises used for farm
purposes.
Section 7.091 Residential Zones
A. All fences in a residential district shall have its most pleasant or
decorative side facing the adjacent properties.
B. No fence over three (3) feet in height shall be erected or maintained in
any front or side yard.
C. No fence over six (6) feet in height shall be erected or maintained in
any rear yard.
Section 7.092 Industrial or Commercial Zones •
A. A fence eight (8) feet high with a barbed wire top or an electric shock
fence which would not be detrimental to health, safety or welfare of any
person coming into contact with it, may be permitted provided the said
fence meets one of the following requirements: 11111.
92
1. The fence is needed to prevent entry to an area which could be
hazardous to the health, safety or welfare of a person or persons.
2. The fence is needed to secure an area where materials and/or
equipment are stored.
3. The fence is needed to keep animals other than common household pets,
except in a kennel situation, from leaving the site.
• 4. Where the general community interests or interests of national
safety, justify the need for such a fence.
B. Where a fence is electrified, signs at intervals of not more than fifty
(50) feet shall be erected on the fence to clearly indicate the fence is
electrified.
C. Fencing for commercial and industrial districts and utility facilities
shall be approved by the Planning Board under site plan review.
Section 7.093 Maintenance of Fences
A. Fences shall be continually maintained, and no fence shall be permitted
to become unsightly or in a state of disrepair, as determined by the
Zoning Officer.
Section 7.094 Clear Vision Zone
A. There shall be a clear vision zone at all corners of intersecting roads,
or road junctions, consisting of a triangular area defined by the point
of intersection of the right-of-way lines and the two (2) points extended
along such lines for a distance of thirty-five (35) feet from any
intersection.
Section 7.095 Non-conforming Fences
A. Fences, lawfully existing at the time of the passage of this ordinance
shall be deemed a non-conforming appurtenance and shall be treated as are
non-conforming uses under this ordinance.
Section 7.100 Buffer Zone for Cemeteries
Section 7.101 Purpose
Cemeteries in the Town of Queensbury are uses which are important to the
residents of the town and many have historical significance as well. Certain
other land uses detract from the ceremony and aesthetic character of
• cemeteries. In order to protect cemeteries from degradation caused by
adjoining land uses a buffer zone shall be required.
•
93
J
Section 7.102 Designated Areas
All lots adjoining cemeteries in the Town of Queensbury with commercial or
industrial uses including multifamily residential uses.
Section 7.103 Regulation
Where any commercial or industrial use as defined in this ordinance abuts a •
cemetery, said commercial or industrial use shall establish and maintain a
fifty (50) foot buffer zone from the adjoining lot line of the cemetery.
•
.'
End of Article 7
94
•
4
ARTICLE 8
•
GENERAL EXCEPTIONS
•
Section 8..010 General Exception to Minimum Lot Area Requirements.
Any non-conforming lot of record as of the date of this Ordinance which does
not meet the minimum lot area and/or minimum lot width requirements of this
Ordinance for the zoning district in which such lot is situated shall be
considered as complying with such minimum lot requirements, an4 no vaar ance
shall be required t: ,Q ager 0 Ned 3 j o 6 iPes i
As of the date of this Ordinance, such a lot does not adjoin other lots in
the same ownership, provided however, that all such lots in the same
ownership shall be treated together as one lot except that this provision
does not apply to subdivisions approved and filed prior to the date of
approval of this ordinance.
Section 8.011 Exemption to Minimum Lot Area Requirements for Lots in an Approved
Subdivision.
Notwithstanding the provisions of Section 8.010 of this Ordinance, any non-
conforming lot of record as of the date of this Ordinance which does not meet
the minimum lot area and/or minimum lot width requirements of this Ordinance
for the zoning district in which such lot is situated shall be exempt from
such minimum lot requirements, and no variance shall be required, for a
period of three (3) years from the effective date of this Ordinance, if said
lot is shown and delineated on a subdivision plat of land into lots for
residential use, duly approved by the Queensbury Planning Board prior to the
effective date of this zoning ordinance of the Town of Queensbury and said
final subdivision plat has been duly filed in the office of the Warren County
Clerk in accordance with law.
This section shall not apply to any subdivision which has not received
necessary approval by the Adirondack Park Agency.
Section 8.020 Review of Preexisting Subdivision Following Exemption Period as
Described in Section 8.011.
Section 8.021 Review of Overall Density.
For the purpose of this Ordinance subdivisions will be reviewed for the
overall density of the originally approved land area within said subdivision.
This land area shall include all developable land including any proposed
recreation areas, but excluding public right-of-ways dedicated for road, and
undevelopable land such as rock outcrops, wetlands, water bodies, steep
slopes or areas of high water table. See Subdivision Regulations.
End of Article 8
95
1
ARTICLE 9
NONCONFORMING USES AND STRUCTURES VIII
tion 9.010 Continuation. Subject to the provisions of this Article, a nonconform-
s ing structure or use or a structure containing a nonconforming use may be
A continued and maintained in reasonable repair but may not be altered,
1 enlarged or extended-as of the date thi Ordinance becomes law, except by
4ite plan approval of the Planning Board, generally as follows:
Section 9.011. A single family dwelling or mobile home may be enlarged or rebuilt
/ as follows:
A. All setback provisions of this Ordinance shall be met; and
/
B. No enlargement or rebuilding shall exceed an aggregate of fifty percent
\ (5096) of the gross floor area of such single family dwelling or mobile
home immediately prior to the commencement of the first enlargement or
rebuilding.
Section 9.012. In no case shall any increase or expansion violate, or increase
non-compliance with the minimum setback requirements of the shoreline
restrictions.
Section 9.013. This Article shall not be construed to permit any unsafe use or
structure, or to affect all proper procedures to regulate or prohibit the
unsafe use or structure.
9.014. Except as cited in 9.011, any nonconforming use may be increased only
AEI 644ers by variance granted by the Zoning Board of Appeals.
Section 9.015. An existing structure which violates only the area requirements of
this Ordinance may be altered, enlarged or extended so long as such
alteration, enlargement or extension does not violate the area requirements
of this Ordinance.
Section 9.020 Discontinuance. If a nonconforming use is discontinued for a period of
eighteen (18) consecutive months, further use of the property shall conform
to this Ordinance or be subject to review by the Zoning Board of Appeals.
Section 9.030 Change. If a nonconforming use is replaced by another use (excepting
those uses specified in Section 9.020), such use shall conform to this
Ordinance.
Section 9.040 Completion of Structure. Nothing contained in this Ordinance shall
require any change in plans, construction, alteration or designated use of a
structure for which all preconstruction approvals have been given prior to
the adoption of this Ordinance.
96
Section 9.050 Destruction of a Nonconforming Use.
Section 9.051 Area Nonconformity. Any structure which is nonconforming due to a
setback violation or, in the case of multi-family housing, due to greater
intensity than would be allowed by this Ordinance, which is destroyed wholly
or in part by fire, flood, wind, hurricane, tornado, or other act beyond the
control of man, shall be allowed to reconstruct according to its original
• dimension and intensity within eighteen (18) months of said destruction.
Section 9.052 Use Nonconformity. Any structure which is a nonconforming use accord-
ing to the provisions of this Ordinance, which is destroyed by fire, flood,
wind, hurricane, tornado, or other act beyond the control of man to the
extent of 50% of the assessed value of the structure or more, must be
replaced within eighteen (18) months of the destructive incident. If, within
the eighteen (18) months period, the structure containing the nonconforming
use is not rebuilt, the nonconforming use shall not be re-established and the
property shall only be used for a conforming use.
Section 9.060 No Nonconforming Use Arises From Prior Rental, Lease, Sale or Use of
Berths for Boats at Waterfront Facility in Residential Zones.
Notwithstanding any provision of this ordinance to the contrary, no
nonconforming use may exist, arise or be continued in, on or at any
waterfront property, after the effective date of this ordinance, by virtue of
the prior rental, lease, sale or use of berths, whether by docking or
mooring, for boats or any other type of watercraft not registered to the
property owner, his family or a tenant of a dwelling unit situate on the same
• zone lot, in, on or at any type of waterfront facility in any residential
zone, except that this section shall not be applicable to any property
located within a residential zone in, on or at which, prior to and as of the
effective date of this Ordinance, the principal use of the property has been
the operation of a business for profit thereon or thereat consisting of the
rental, lease or sale of berths, boats or other types of watercraft and the
repair or storage of boats or other types of watercraft.
•
End of Article 9
97
ARTICLE 10
VARIANCES
Section 10.010 Purpose of Article. The purpose of this Article is to provide for
variances from this Ordinance in cases where the strict application thereof
would result in practical difficulties or unnecessary hardships inconsistent
with the general purpose and objectives of this Ordinance.
Section 10.020 Authorization to ed by the Zoning ning Variances. Any
Appealsiain accordance with
Ordinance shall be grant y
the standards and procedures set forth in this Article. In granting a
variance, the Zoning Board of Appeals may impose conditions similar to those
provided for site plan review usage to protect the best interests of the
surrounding property, the neighborhood and the Town as a whole.
Section 10.030 Application for Variance. Variances may be instituted by filing an
application with the Zoning Board of Appeals using forms supplied by the
Board, which shall include all information reasonably considered by the Board
as necessary to make its findings under Section 10.040 of this Ordinance,
supplied by the applicant and including a legal description of the property,
a map showing the property and all properties within a radius of five hundred
(500) feet of the exterior boundaries thereof, plans and elevations necessary
to show the proposed variance, and other drawings or information reasonably
considered necessary by the Board of Appeals to an understanding of the
proposed use and its relationship to surrounding properties.
Section 10.040 Requirements for Granting Variances.,
A. Area Variances. A variance to allow land use or development of sub-
division to be located on a lot or property which does not conform to the
dimensional requirements for that district listed in Section 4.030 may be
granted only in the event that all of the following circumstances are
specifically found to exist by the Zoning Board of Appeals, and are each
so stated in the Board's findings, and no such variance shall be valid
unless all of the following circumstances are so found:
1. That there are special circumstances or conditions, full described in
the findings of the Board, applying to such land or buildings and not
applying generally to land or buildings in the neighborhood, and that
said circumstances or conditions are such that strict application of
the provisions of this Ordinance would deprive the applicant of the
reasonable use of such land or buildings.
2. That the strict application of said dimensional requirements would
result in a specified practical difficulty to the applicant: and
98
. 3. That the variance would not be materially detrimental to the purposes
of this Ordinance, or to property in the district in which the
property is located, or otherwise conflict with the description or
purpose or the objectives of any plan or policy of the Town, and that
the variance requested is the minimum variance which would alleviate
the specific practical difficulty found by the Zoning Board of
Appeals to affect the applicant.
• 4. Public facilities and services would not be adversely affected.
B. Use Variances. A variance to allow a use within a district other than a
use allowable as a permissible use or site plan review use may be granted
only in the event that all of the following circumstances are specif-
ically found to exist by the Zoning Board of Appeals, and are each so
stated in the Board's findings, and no such variance shall be valid
unless all of the following circumstances are so found:
1. That the strict application of said use provisions of this Ordinance
would result in a specified unnecessary hardship to the applicant (1)
which arises because of exceptional or extraordinary circumstances
applying to the property and not applying generally to other proper-
ties in the same district, and (2) which results from lot size or
shape legally existing prior to the date of this Ordinance, or
topography, or other circumstances over which the applicant has had
no control;
• 2. That the property in question cannot yield a reasonable financial
return if used for any permissible use or site plan review applicable
to the zoning district in which the property is located;
3. That the variance is necessary for the preservation of a property
right of the applicant substantially the same as owners of other
property in the same district possess without such a variance; and
4. That the variance would not be materially detrimental to the purposes
of this Ordinance, or to property in the district in which the
property is located or otherwise conflict with the description or
purpose of the district or the objectives of any plan or policy of
the Town, and that the variance requested is the minimum variance
which would alleviate the specific unnecessary hardship found by the
Zoning Board of Appeals to affect the applicant.
S
•
99
Section 10.050 Referrals. .
A. The Zoning Board of Appeals, at its discretion, may refer any completed
variance application to the Planning Board for its report and recommen-
dation, when it is determined that further planning concept review is
needed regarding said application, and where required by Section 239-m
of the General Municipal Law, to the County Planning Agency having
jurisdiction for its report and recommendation. In no case shall final •
action be taken until said Planning Board, when requested, and County
Planning Agency (if appropriate) have submitted their reports, or until
thirty (30) days have passed since the date of the referral, which-ever
occurs first.
B. In the case of any variance application, involving land, buildings, or
structures located within the Adirondack Park in any land use area except
hamlet, or any variance involving the shoreline restrictions, the Zoning
Board of Appeals shall submit a copy of the application to the Adirondack
Park Agency, together with such pertinent information as the Agency
reasonably shall deem necessary.
Section 10.051 General Municipal Law Section 239-m.
A. Any variance application, site plan review Type I or zoning change appli-
cation within the following thresholds shall be referred to the Warren
County Planning Board for their review and comment:
1. Within 500' of the Town boundary.
2. Within 500' of an existing or proposed County or State
park or recreation area;
right-of-way, parkway, thruway, road or highway;
stream or drainage channel or easement;
public building or institution.
B. Within thirty (30) days after receipt of a full statement of such re-
ferred matter, the Warren County Planning Board shall report its
recommendations to the referring Town body. If the County fails to
report within thirty (30) days, the Town body may act without such
report. If the County disapproves the proposal, or recommends modifi-
cation thereof, the Town body having jurisdiction shall not act contrary
to such disapproval of recommendation except by a vote of a majority plus
one of all the members thereof, and after the adoption of a resolution,
fully setting forth the reasons of such contrary action.
Within seven (7) days after final action by the Town body a report of
said final action shall be filed with the Warren County Planning Board.
•
100
Section 10.060 Variance Application Hearing and Decision.
A. Within thirty-one (31) days of receipt by the Zoning Board of Appeals of
a completed application for a variance, the Zoning Board of Appeals shall
give notice by public ad in official newspaper of a public hearing to be
held on the application not less than five (5) days nor more than thirty-
one (31) days after the notice. The Adirondack Park Agency shall be a
full party in interest for all variance applications within Adirondack
•
Park, with standing to participate in any and all proceedings under this
Article for which the Agency was required to be sent notice under Section
10.050 (b) of this Ordinance.
B. Within thirty (30) days of the final adjournment of a public hearing
called and held under paragraph (a) of this Section, the Zoning Board of
Appeals shall grant, grant with conditions, or deny the variance applied
for. The decision of the Board shall be in writing and shall contain
each of the findings specified in Section 10.040 of this Ordinance, and
the factual basis for each finding from the record of the hearing, which
shall support the decision of the Board.
C. For decisions involving lands within the Adirondack Park, the Board shall
notify the Adirondack Park Agency, by certified mail of such decision.
Any variance granted or granted with conditions shall not be effective
until thirty (30) days after such notice to the Agency. If, within such
thirty (30) day period, the Agency determines that such variance involves
the provisions of the Land Use and Development Plan as approved in the
• local land use program, including any shoreline restriction, and was not
based upon the appropriate statutory basis of practical difficulties or
unnecessary hardships, the Agency may reverse the local determination to
grant the variance.
Section 10.070 Expiration of Variance Decision by Zoning Board of Appeals.
Unless otherwise specified or extended by the Zoning Board of Appeals,
decision on any request for a variance shall expire if the applicant fails to
undertake the proposed action or project, to obtain any necessary building
permit to construct any proposed new building(s) or change any existing
building(s), or to comply with the conditions of said authorization within
one (1) year from the filing date of such decision thereof.
•
End of Article 10
101
•
l ARTICLE 11
AMENDMENTS
Section 11.010 Purpose of Article.
The purpose of this Article is to allow for amendment to this Ordinance when- •
ever the public necessity and convenience and the general welfare require
such amendment, by following the procedure of this Article.
Section 11.020 Referrals.
When directed by the Town Board, the Town Clerk shall submit a copy of the
proposed amendment to the Adirondack Park Agency for a determination as to
whether the proposed amendment is subject to Agency approval under Section
807 of the Adirondack Park Agency Act; the Town Clerk shall simultaneously
refer such proposed amendment to the Planning Board, and where required by
Section 239-m of the General Municipal Law, to the County Planning Agency
having jurisdiction, for the report and recommendations by those bodies to
the Town Board. (See Section 10.050)
Section 11.030 Hearing and Decision on Proposed Amendment.
The procedure as to notice of public hearing, public hearing on, and
enactment of a proposed amendment shall follow and be governed by Section 265
of the Town Law, and Section 239-m of the General Municipal Law, including
III
all subsequent amendments thereto. Notice of the decision of the Town Board
shall be sent promptly to the Adirondack Park Agency.
Section 11.040 Records of Amendments.
The Zoning Administrator and the Town Clerk shall each maintain records of
amendments to the text of this Ordinance and of the Official Zoning Map and
Park Plan Map.
•
Section 11.050 Notice to Town, Town Boards and Departments.
Copies of Amendments shall be provided to the Planning Board and Zoning Board.
members and Town Departments affected by the amendments. Amendments shall be
published in the newspaper of record within five (5) days of approval of any
amendments.
•
End of Article 11
102
ARTICLE 12
• ADMINISTRATIVE PROVISIONS
Section 12.010 Zoning Administrator.
The Zoning Administrator shall have the power and duty to administer and
III enforce the provisions of this Ordinance. The Zoning Administrator shall be
appointed and may be removed at the pleasure of the Town Board. An appeal
from an action, omission, decision or rule by him regarding a requirement of
the Ordinance may be made only to the Zoning Board of Appeals within 30 days
of such decision or action.
Section 12.020 Required Records.
The original or a certified copy of all decisions, approvals, rulings and
findings of any Board under this Ordinance, and of all permits and
certificates issued under this Article, shall be promptly furnished by the
Zoning Administrator to the Town Clerk and retained as a permanent Town
public record. Tape recordings of any Board proceedings shall be kept by the
Town Clerk for a period of not less than three (3) years from the date of
such meeting.
Section 12.030 Appeal from Action of Planning Board or Zoning Board of Appeals.
• An action, omission, decision or ruling of the Planning Board or Zoning Board
,1
of Appeals pursuant to this Ordinance may be reviewed at the instance of any
aggrieved person in accordance with Article 78 of the Civil Practice Law and
Rules, but application for such review must be made not later than thirty
(30) days from the effective date of the decision or ruling, or the date when
the action or omission occurred, whichever comes later.
Section 12.040 Form of Petitions, Applications and Appeals.
Unless otherwise stated, all petitions, applications and appeals provided for
in this Ordinance shall be made on forms prescribed by the Planning Board or
Zoning Board of Appeals. Completed forms shall be accompanied by whatever
further information, plans or specifications as may be required by such
forms.
Section 12.050 Applications Fees.
Fees provided for by this Ordinance shall be paid upon the submission of
petitions, applications, and appeals, in such amount or amounts as shall be
established by the Town Board from time to time. Said fees will be posted in
the Building Department on the official "Schedule of Fees for the Town of
• Queensbury". The following actions will require fees.
• 103
misommild
•
This list is not necessarily all inclusive.
A. Building Permit
B. Certificate of Occupancy
C. Site Plan Review
D. Zoning Variance Application
Section 12.051 Payment of Fees. •
A. All fees shall be paid at the time of application to a representative or
department designated by the Town Board.
B. No fee shall be allowed to be substituted for any other required fee.
Section 12.060 Notice of Public Hearing. Each notice of hearing upon an application
for site plan review or for the review of a variance application, or upon an
appeal to the Zoning Board of Appeals from an action of the Zoning Admini-
strator, shall be published once in the official newspaper of the Town at
least five (5) days prior to the date of the hearing. In addition, at least
five (5) days prior to the date of the hearing, notices shall be mailed to
all owners of the property within five hundred (500) feet of the exterior
boundary of the property for which the application is made, as may be
determined by the latest assessment records of the Town.
In the case of a subdivision the applicant shall notify all owners identified
above and shall show proof of such notification or attempt at notification.
In the case of site plan review, variances and other appeals to the Zoning •
Board of Appeals, the town shall be responsible for such notification.
Section 12.070 Building Permits.
A. Permit Required. No building, structure, or sign shall be erected, added
to, or structurally altered until a permit therefor has been issued by
the Zoning Administrator. No new use of a building or structure shall
be undertaken until a permit therefor has been issued by the Zoning
Administrator. No building permit, br where pplicable, certificate of
occupancy shall be issued for any building, eta
said construction, addition, alteration, or use would be in violation of
any of the provisions of this Ordinance, or of any other Ordinance or
Local Law for the Town of Queensbury.
B: Submittal Requirements. There shall be submitted with all applications
for building permits three (3) copies of a layout or plot plan drawn to
scale showing the actual dimensions of the lot to be built upon, the
exact size and location on the lot of the building and accessory
buildings or signs to be erected and such other information as may be
necessary to determine and provide for the enforcement of this Ordinance. •
4111 *
104
C. Permit and Certification. Upon receipt of all appropriate information
and fees, and after all requirements of this Ordinance have been met, the
Zoning Administrator shall issue a Building Permit. One copy of the
submitted layout or plot plan certified by the Zoning Administrator as to
compliance with this Ordinance, shall be returned to the applicant.
Section 12.071 Criteria for Issuance of a Building Permit. The Zoning Administrator
4110 shall issue a building permit only if he determines the following:
A. The new land use or development complies with any applicable sanitary
codes;
B. The new land use or development meets the area, setbacks from property
lines, bulk and height controls and the special shoreline restrictions of
this Ordinance, unless an area variance has been granted pursuant to
Article 10 hereof; and,
C. The new land use or development has received site plan approval, if
applicable, and if such approval is subject to conditions to be met prior
to the granting or a permit, that all such conditions have been met; or,
D. It is a non-permissible use for which a use variance has been granted
pursuant to the terms of Article 10 hereof, and if such grant was subject
to conditions to be met prior to the granting of a permit, that all such
conditions have been met; or,
SE. It is a sign and such sign complies with the provisions of the Sign
Ordinance.
Section 12.072 Expiration of Building Permits. If a project for which a permit has
been issued is not under construction within two-hundred seventy (270) days
after the issuance of such permit, said permit shall expire, and the project
may not thereafter be undertaken or continued, unless said permit has been
renewed for one hundred eighty (180) days (allowed once) or, unless a new
permit has been applied for and issued in the same manner and subject to all
provisions governing the initial application for the issuance of a permit.
Section 12.080 Certificate of Occupancy. Upon the completion of a building erected
or materially altered, for which a building permit has previously been
issued, a certificate permitting the occupancy of the building and the use
designated in the Building Permit shall be required, and the building may not
be occupied until such Certificate of Occupancy has been issued. The Zoning
Administrator shall issue such Certificate of Occupancy within ten (10) days
upon determination that all conditions of the Permit pertaining to that
building have been fulfilled.
•
•
105
Section 12.081 Temporary Certificate of OccuP she• o Upon crequest, the Zoning iAdmmini-
strator may issue a temporary certificate
or part thereof, before the entire work covered by the building
pehave
rmit shall have been completed, provided sun tion orfportions as have
been completed may be occupied safely without portion�6 shall remain in
safety or welfare. A temporary certificate of occupancy
effect for a period not exceeding three (3) months
a maximum from its date
For good cause the building official may allow
each. For commercial or •
for periods not exceeding three (3)
industrial uses or structures bond dk.shall be required to the extent
necessary to complete the uncompleted
application for regional project
The filing of an app
Section 12.090 Site Inspections. application for a variance under
approval under Article 10 hereof,licaton for site plan approval under Article 5
Article 10 hereof, and an application permit under Article 12 hereof, by a
hereof, or an application for a building p
person shall be deemed a granting of approval by such person to the Planning
Board, the Zoning Board of Appeals, and the Zoning Administrator, and to such
persons as they may designate, to conduct such examinations, tests, and other
body is the sites jurisdiction hdeemsj necessary and appropriate,for the
body or officer having
purposes of this Ordinance.
•
End of Article 12
106
I -
ARTICLE 13
41/0 ENFORCEMENT
Section 13.010 Penalty. Any person owning, controlling or managing any building,
structure, land or premises wherein or whereon there shall be placed on or
there exists or is practiced or maintained anything or any use in violation
• of any of the provisions of this Ordinance, shall be guilty of an offense and
subject to fines or imprisonment as follows: (1) first offense: not
exceeding three hundred fifty ($350) dollars or six months imprisonment or
both; (2) second offense if within five (5) years of the first offense: not
less than three hundred fifty ($350) dollars or more than seven hundred
($700) dollars, or up to six months imprisonment or both; (3) third offense
or subsequent offense (if within five years of the first and second
offenses): not less than seven hundred ($700) dollars or more than one
thousand ($1,000) dollars, or up to six months imprisonment or both. Such
fines shall be recovered by the Town in a civil action. Every such person
shall be deemed guilty of a separate offense for each week such violation,
disobedience, omission, neglect or refusal shall continue. Where the person
committing such violation is a partnership, association or corporation, the
principal executive officer, partner, agent or manager may be considered to
be the "person" for the purpose of this Article.
Section 13.020 Alternative Remedy. In case of any violation or threatened violation
of any of the provisions of this Ordinance, or conditions imposed by a
• building permit, in addition to other remedies herein provided, the Town may
institute any appropriate action or proceedings to prevent such unlawful
erection, structural alteration, reconstruction, occupancy, moving and/or
use, to restrain, correct, or abate such violation, to prevent the occupancy
of such building, structure or land, or to prevent any illegal act, conduct,
business or use in or about such premises.
Section 13.021 Stop Work Order.
A. The Town Board for the Town of Queensbury herein grants the Zoning Admin-
istrator the administrative responsibility of immediately terminating any
actions according to Section 13.020 by posting a Stop Work Order on the
premises wherein the violation has occurred.
B. The Stop Work Order shall serve notice to the owner, builder developer,
agent and/or any other individual or business on the premises that all
such actions specified on the Stop Work Order must be terminated
immediately.
C. Relief from the Stop Work Order can be realized as follows:
• 1. If all provisions of this Ordinance together with other conditions
specified by the Zoning Administrator are met, then the Town Board
may authorize the termination of the Stop Work Order.
• 107
2. Except for cases involving Site Plan Review, if a variance is granted
by the Zoning Board of Appeals permitting the violations specified on qlIl the Stop Work Order to continue hen allowable, said
ad ministrative decision shall also specify theconditionsfor the
termination of the Stop Work Order.
Section 13.030 Misrepresentation.
Any permit or approval granted under this Ordinance which is based upon or is •
a
granted in reliance upon any material bmi repprresentation,aorafailure tohalkeba
material fact or circumstance known, by
void. This Section shall not be construed to affect the remedies available
to the Town under Sections 13.010 and 13.020 of this Ordinance.
Section 13.031 Complaints and Violations.,
Whenever a violation of this Ordinance occurs, any person may file a
complaint in regard thereto. All such complaints shall be filed with the
Zoning Administrator who may require such complaint to be in writing. The
Zoning Administrator shall have the complaint properly investigated and
report thereon to the governing body.
•
End of Article 13
108
• ARTICLE 14
CLUSTER PROVISIONS
Section 14.010 Cluster Provisions as Per Town Law, Section 281.
Authorization The Town Board hereby authorizes the Planning Board,
• simultaneously with the approval of a plat or plats pursuant to the Town
Subdivision Regulations, to modify applicable provisions of the Zoning
Ordinance, subject to the conditions hereinafter set forth and such other
reasonable conditions as the Town Board may in its discretion add thereto.
Such authorization shall specify the lands outside the limits of any
incorporated village to which this procedure may be applicable. The purposes
of such authorization shall be to enable and encourage flexibility of design
and development of land in such a manner as to promote the most appropriate
use of land, to facilitate the adequate and economical provision of streets
and utilities, and to preserve the natural and scenic qualities of open
lands.
Section 14.020 Requirements for Clustering.
Section 14.021 Application. If the owner makes written application for the use of
this procedure, it may be followed at the discretion of the Planning Board
if, in said Board's judgment, its application would benefit the Town.
• Section 14.022 Must be Zoned Residential Only. This procedure shall be applicable
only to lands zoned for residential purposes and its application shall result
in a permitted number of building lots or dwelling units which shall in no
case exceed the number which could be permitted, in the Planning Board's
judgment, if the land were subdivided into lots conforming to the minimum lot
size and density requirements of the Zoning Ordinance and in accordance with
the density guidelines established in the Subdivisions Regulations applicable
to the district in which such land is situated and conforming to all other
applicable requirements.
Section 14.023 Unit Types. The dwelling units permitted may be, at the discretion of
the Planning Board and subject to the conditions set forth in this Ordinance,
in detached, semi-detached, attached, or multi-story structures in accordance
with the height restrictions established herein.
Section 14.024 Open Space Areas. In the event that the application of this procedure
results in a plat showing lands available for park, recreation, open space,
or other municipal purposes directly related to the plat, then the Planning
Board, as a condition of plat approval, may establish such conditions on the
ownership, use, and maintenance of such lands as it deems necessary to assure
• the preservation of such lands for their intended purposes.
•
109
Section 14.025 Review of Site Plan. The proposed site plan, including areas within
which structures may be located, the height and spacing of buildings, open
spaces and their landscaping, off-street open and enclosed parking spaces,.
and streets, driveways and all other physical features shown on said plan or
otherwise described, accompanied by a statement setting forth the nature of
such modifications, changes, or supplementations of existing zoning provi-
sions as are not shown on said site plan, shall be subject to review and
public hearing by the Planning Board in the same manner as set forth in •
Article 5 Approval of Site Plans and Certain Uses.
Section 14.026 Ordinance Notations. On the filing of the plat in the office of the
County Clerk or Register, a copy shall be filed with the Town Clerk, who
shall make appropriate notations and references thereto in the Zoning Ordi-
nance and Town Zoning Map.
•
•
End of Article 14
110
•
•
ARTICLE 15 •
PLANNED. UNIT;DEVELOPMENT
s (PUD) PROVISIONS s y
_ k
Section 15.010 Statement of PurRoses and Objectives. It is the
purpose of this Planned Unit Development, (PUD) ,article to provide
flexible land use and-design, regulations through' .,the '- use-° of
performance' criteria. ,so. that small-to-large scale: neighborhoods.
•or „portions thereof may be developed , within the Town,, that
incorporate a variety of residential types and ` .non-residential
uses, and contain both individual building sites and •common
property which are planned and developed as a unit. This,.article
specifically encourages innovations in residential development so •
that ,the'.g'rowing demands for. housing at all economic levels ; may
be met by greater variety in type, design, and ` Biting<♦E of
dwellings and by the conservation and more efficient use of land
in such_developments ,in harmony with the Comprehensive. Land) Use
Plan for the Town of Queensbur
. Section 15.011 Objectives. In order to realize the purpose of
this Section, a planned unit development (PUD) shall achieve the
following objectives: _ . c - ct.
a) A maximum choice in, housing environment and type,
occupancy tenure (e.g. cooperatives, individual ownership,
condominium leasing) , lot sizes and common facilities.
. ' . b) More usable open space and recreation areas and,,,f4,if
permitted as part of. a project, more convenient locations. ,,of •
accessory commerical and service uses.
c) . .A development pattern which preserves outstanding '
natural topography and geological features, scenic vistas, trees,
historical sites and prevents the disruption of natural .,drainage
patterns.
d) °.An efficient use of land resulting in small . networks
of utilities and streets.
2.7,1:7•
e) A development pattern in harmony with the land . use
;intensity, 'transportation facilities, and community facilities
objectives of the Comprehensive Land 'Use Plan. 4
ob�ec
Section 15.020 General Requirements for Planned Unit Development
(PUD) .
•
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15.021 Minimum Project Area. The minimum project area for 411
Planned Unit Development District shall be thirty (30). contiguous
acres of land. The Town Board, following referral from the
Planning Board for its report and recommendations, may consider
projects of lesser acreage where the applicant can demonstrate
that the characteristics of his holdings meet the purpose and
objectives of this Section. •
15.022 Project Ownership. The project land may be owned, used or
controlled either by a single person, or corporation, by a group
or individuals or corporations. Such ownership may be a public
or private corporation. The Town Board shall be notified within
three business days of any changes in project ownership. The
approved project shall be binding on the project land and
owner(s) .
15.030 Permitted Uses. All uses within a PUD district shall be
determined by the following provisions:
•
15.031 Residential Uses. Residences may be of a variety of
types, including single family dwellings, townhouses and garden
apartments, but shall not exceed three (3) stories or 40 feet in
. height.
15.032 Commerical, Service $ Other Non-Residential Uses:
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a. Commercial and professional service uses may be permitted
under the following circumstances:
' 1 . Where the PUD contains 100 or more dwelling units, a
maximum of 2400tl sq. ft. of floor area for every 100 dwelling
units may be used for commercial and/or professional service
uses. •
2. Where the PUD contains 500 or more dwelling units, a
maximum of 1 acres of land for every 100 dwelling units may be
used for commercial and/or professional service uses. .
3 . Where the PUD contains 1000 or more dwelling units, 5
acres of land for each 100 dwelling units, may be used for
commercial and/or light-industrial uses.
b. Accessory uses such as recreational and community
activities, private garages, storage spaces, churches, schools
and health related . facilities shall be permitted as appropriate •
to the PUD.
c. Non-residential buildings shall not exceed 40 feet in
IIP
height.
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1111 15.040 Land Use Intensity Considerations.
The land use intensities of the particular zone(s) listed in
Article 4 of the zoning Ordinance shall apply to the PUD except •
that:
• a. Where the open space area in a PUD exceeds 25% of the
gross area of the PUD the Town Board may approve a 1% residential
use density increase for .each 1% of open space (not including
undevelopable land) in excess of the 25% minimum required by S
15.050 (b) of this Article. In no event shall the density bonus
hereunder exceed 15%.
b. The overall intensity of the project cannot exceed the
amount of available development potential of the individual
APA-LUDP Land Use Intensity Zone(s) if the proposed PUD. is
located within the Adirondack Park.
•
15.050 Common Property in PUD
a. Common Property - Common property in a PUD is a parcel
or parcels of land, together with the improvements thereon, the
• use and enjoyment of which are shared by the owners and occupants
of the individual building sites. When common property exists,
0 the ownership of such common property may be either public or
private. When common property exists in private ownership,
satisfactory arrangements must be made for the improvement,
operation and maintenance of such common property and facilities,
including private drives, services and recreational and open
space areas. Roads, streets and parking areas shall not be
considered "common property" for purposes of this section.
b. At least 25% of the gross area of a PUD shall be and
remain open space. Land reserved for
recreational use pursuant to Town of Queensbury Local Law No. 5
of 1986 entitled "A Local Law providing for the reservation of
recreation fees or money in lieu thereof as a condition precedent
to site plan approval" shall not be included in computing open
space. Open space shall not include roadways, drainage areas,
residential or developed areas.
c. Recreation land, other than that reserved pursuant to
Queensbury Local Law shall be included in computing open space.
Such open space shall not be sold off as a separate subdivision
• and shall not be used for future building lots, but may with Town
approval , be conveyed to the Town or to an appropriate and
approved corporation or association formed to operate and
maintain said open space.
•
•
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•
15.060 Design Standards 411
Unless otherwise indicated compliance with the following
standards shall be required.
15 .061 Lot Area and Yard Requirements.
No minimum' lot size, frontage or yard requirements within a •
PUD shall be required except thbse dictated by health, fire,
safety, function and buffer. considerations.
15.062 Interior Streets. The arrangement, character, extent,
width, grade and location of all streets shall be considered in
relation to existing and planned streets, topography, to public
convenience and safety, and in their appropriate relation to the
proposed uses of the land to be served by said streets, whether
private or public, said streets shall conform to all other street
and road specifications of the Town.
15.063 Access. All uses shall have access to a public or private
street except residences which need not front on a street but
must have access thereto via a court, walkway or other area
dedicated to public use or owned and maintained by a homeowners
association.
15 .064 Building Area. The location and arrangement of structures
shall nut be detrimental to existing or prospective adjacent
development or to the existing or prospective development of the
Town.
15.065 boundary Setbacks, Buffer Areas and Transistional Uses.
Along the boundaries of a PUD, provision shall be made for a
combination of uses and buffer areas which constitute a
transitional separation between surrounding existing and
prospective uses and the proposed development.
15 .066 Off Street Parking and Loading Requirements. The minimum
off-street parking and loading requirements for any uses or
structures in a PUD shall be at least equal to the minimal
requirements stipulated for such uses or structures in the Town
of Queensbury Zoning Ordinances, Local . Laws and Subdivision •
Regulations.
15.067 Additional Site Development Standards. In addition to the
standards set forth in this Article, the applicant shall also •
comply with the appropriate design, site development plan and
performance standards of the Town Zoning Ordinances and of all
applicable Local Laws and Subdivision Regulations for the Town of
Queensbury. Where a conflict between this Article and any of the
above exists this Article shall govern.
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•
•
. 15.070 PUD Application Procedure and Approval Process.
15.071 General . Whenever any planned unit development is
proposed, and before any contract is made for the sale of any
part thereof, before any building permit or certificate of
occupancy shall be granted, and before any subdivision plat may
• be filed in the office of the County Clerk, the prospective
developer or his authorized agent shall apply for and secure
approval of such PUD in accordance with the procedures herein.
15.072 Notice of Intent. Prior to filing an application for
sketch plan approval , the developer shall submit a letter of.
intent to the Town Board for referral to the Planning Board.
15.073 Application for Sketch Plan Approval .
a. In order to allow the Planning Board and the developer
to reach an understanding on basic design requirements prior to
detailed design investment, the developer shall submit a sketch
plan of his proposal to the Planning Board. The sketch plan
shall be prepared by a licensed professional engineer, licensed
architect or a landscape architect and shall be approximately to
scale, though it need not be to the precision of a finished
engineering drawing; and it shall clearly show the following
. information:
1. The location of the various uses and their areas in
acres;
2 . The general preliminary outlines of the interior
roadway system and all existing rights-of-way and easements,
whether public or private;
3. Delineation of the various residential areas
indicating for each such area its general extent, size and
composition in terms of total number of dwelling units,
approximate percentage allocation by dwelling unit type (i.e. ,
single-family detached, duplex, townhouse, garden apartments,
condominiums) and general description of the intended market
structure (i .e. , luxury, middle-income, elderly units, family
units, etc. ) ; plus a calculation of the residential density in
dwelling units per gross acre (total area including interior
roadways) for each such area.
• 4 . The interior open space system;
5. The overall drainage system including schematic'
setting forth the plan for storm water management;
• 6 . If grades exceed three percent (3%) , or portions of
the site have a moderate to high susceptibility to erosion, or a
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•
•
moderate to high susceptibility to flooding and ponding, a
topographic map showing contour intervals of not more than 10 411
feet of elevation shall be provided along with an overlay
outlining the above susceptible soil areas, if any;
7 . Availability of roadways, water and sewage
facilities. •
8. General description of the provision of other
community facilities, such as schools, fire protection services,
and cultural facilities, if any, and some indication of how these
needs are proposed to be accommodated;
9. A location map showing uses and ownership of
abutting lands.
10 . Architectural renderings or drawings of the
structures within the development.
11. Historic sites or buildings shall be identified and
a plan for their preservation must be noted.
•
b. In addition, the following documentation shall
• accompany the sketch plan:
1 . General statement as to how common open space is to
111
be owned and maintained;
2. If the development is to be staged, a general
indication of how the staging is to proceed. Whether or not the
development is to be staged, the sketch plan of this section
shall show the intended total project;
• 3 . Appropriate documentation of compliance with NYS
SEQR shall be prepared and submitted to the Town Board. For
purposes of this Article the Town Board shall be considered the
lead agency. If necessary, a final environmental impact statement
shall be filed prior to Town Board action creating the PUD
District.
c. The Planning Board shall review the sketch plan and
its related documents; and shall render either a favorable report
to the Town Board or an unfavorable report to the applicant. The
Planning Board may call upon any public or private consultants
that they feel are necessary to provide a sound' review of the
proposal . In addition to the fee listed on the schedule of fees, ._
the Planning Board may charge a fee to developers of projects
requiring legal and technical review provided that the fee
charged reflects the actual cost of legal and technical
assistance to the Planning Board. This fee is not to exceed 0 .
$1,000.00 without consent of the applicant.
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•
•
i
d. A favorable report shall include a recommendation to
the Town Board that a public hearing be held for the purpose of
considering PUD Districting. It shall be based on the following •
findings which shall be included as part of the report:
• 1 . The proposal meets the intent and objectives of
Planned Unit Development as expressed in Section 15.011.
2. The proposal meets all the general requirements of
Section 15.020.
•
3 . The proposal is conceptually sound in that it meets
a community need and it conforms to accepted design principals in
the proposed functional roadway system, land use configuration,
open space system, drainage system, and scale of the elements
both absolutely and to one another.
4 . There are adequate services and utilities available
or proposed to be made available in the construction of the •
development.
e. The chairman of the Planning Board shall certify to the
Town Board and the applicant when all of the necessary
.
application material has been presented; and the Planning Board
shall submit its report within sixty (60) days of such
certification. If no report has been rendered after sixty (60)
days, the applicant may proceed as if a favorable report were
given to the Town Board.
•
15.074 Referral of Application for PUD Districting.
a. Upon receipt of a favorable report from the Planning
Board, the Town Board shall set a date for and conduct a public
hearing for the purpose of considering PUD districting for the
applicant' s plan in accordance with the procedures established
under Section 264 and Section 265 of the Town Law or other
applicable law, said public hearing to be conducted within
forty-five (45) days of the receipt of the favorable report.
b. Where the application for re-districting involves
property lying within a distance of 500 feet from the Town's
boundary, or from the boundary of any existing or proposed county
• or state park, recreation area, road or highway or in any other
Instances where General Municipal Law 5239-M is applicable, the
Town Board shall refer the application for re-districting to the
Warren County Planning Board for its review.
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c. The Town Board shall render its
decision on the III I
application within 45 days after the public hearing ' unless an
extension of time is mutually agreed upon by the Town Board and
the developer.
15.075 zoning for Planned Unit Developments. •
a. If the Town Board creates the PUD Districting, the
zoning map shall be so notated. The Town Board may, if it feels
it necessary in order to fully protect the public health, safety,
and welfare of the community, attach to its zoning resolution any
additional conditions or requirements for the applicant to meet.
Such requirements may include, but are not confined to, visual •
and acoustical screening, land use mixes, order of construction
and/or occupancy, circulation systems both vehicular and
pedestrian, availability of sites within the area for necessary
public services such as schools, fire houses, and libraries,
protection of natural and/or historic sites, and other such
physical or social demands. The Town Board shall state at this
time its findings with respect to the land use intensity or
dwelling unit density as called for in Section 15.034.
b. PUD Districting shall be conditional upon the
following:
1 . Securing of final site plan approval in accordance
with the procedures set forth in Section 15.088. •
2 . Compliance with all additional conditions and
requirements as may be set forth by the Town Board in its
resolution granting the PUD District.
.15.080 SITE PLAN APPROVAL PROCESS.,
15 .081 Application for Preliminary Site Plan Approval .,
Application for preliminary site plan approval shall
be to the Planning Board and shall be accompanied by the
following information prepared by a licensed engineer, architect
and/or landscape architect:
a. An area map showing applicant's entire holding, that
portion of the applicant's property under consideration, and all
properties, subdivision, streets, and easements within five
hundred (500) feet •of applicant's property.
b. A topographic map and survey prepared by a licensed
land surveyor showing contour intervals of not more than five (5)
feet of elevation shall be provided.
c. A preliminary site plan including the following
IMP
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110 information:
•
1 . Title of drawing, including name and address of
applicant.
•
2 . North point, scale and date.
• 3 . Boundaries of the property plotted to scale.
4 . Existing watercourses. •
5. A site plan showing location, proposed use and
height of all buildings, location of all parking and
truck-loading areas, with access and egress drives thereto;
location and proposed development of all open spaces including
parks, playgrounds and open reservations; location, of outdoor
storage, if any; location of all existing or proposed site
improvements, including drains, culverts, retaining walls and
fences; description of method of sewage disposal and location of
such facilities; location and size of all signs; location and
proposed development of buffer areas; location and design of
lighting facilities; and the amount of building area proposed for
non-residential uses, if any.
. d. A tracing overlay showing all soils areas and their
classifications and those areas, if any, with moderate to high
susceptibility to flooding, and moderate to high susceptibility
to erosion. For areas with potential erosion problems, the
overlay shall also include an outline and description of existing
vegetation.
e. Copies of Certificate of Incorporation of Homeowners
,Association, By-Laws of Homeowners Association, Declaration of
Covenants and Restrictions, and offering plan, where applicable.
15 .082 Factors for Consideration.
a. The Planning Board's review of a preliminary site plan
shall include, but is not limited to the following
considerations:
1 . Adequacy and arrangement of vehicular traffic access
and circulation, including intersections, road widths,
channelization structures and traffic controls.
• 2. Adequacy and arrangement of pedestrian traffic access
and circulation including: separation of pedestrian from
vehicular traffic, walkway structures, control of intersections
with vehicular traffic and pedestrian Convenience.
• 3 . Location, arrangement, appearance and sufficiency of
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•
off-street parking and loading. S
4 . Location, arrangement, size and design of buildings,
lighting and signs.
5 . Relationship of the various uses to one another and
their scale. - •
6 . Adequacy, type and arrangement of trees, shrubs and .
other landscaping constituting a visual and/or a noise deterring
buffer between adjacent uses and adjoining lands.
7 . In the case of apartment houses or multiple dwellings,
the adequacy of usable open space for playgrounds and informal
recreation including land reserved for recreational use pursuant
to Town of pueensbury Subdivision Regulations and Local Law No. 5
of 1986.
8 . Adequacy of storm water and sanitary waste disposal
facilities.
9 . Adequacy of structures, roadways and landscaping in
areas with moderate to high susceptibility to flooding and
ponding and/or erosion. •
10. Protection of adjacent properties against noise,
glare, unsightliness, or other objectionable features.
11 . Conformance with other specific charges of the Town
Board which may have been stated in the zoning resolution.
12 . Architectural compatibility with other elements of
the project and with the neighborhood. •
13 . Protection of historical sites and/or buildings.
b. In its review the Planning Board may consult with the
Town and County officials, as well as with representatives of
Federal and State agencies including the Soil Conservation
Service and the New York State Department of Environmental
Conservation. The Planning Board may require that exterior
design of all structures be made by, or under the direction of,
registered architect whose seal shall be affixed to the plans.
The Planning Board may also require such additional provisions
and conditions that appear necessary for the public health,
111
safety and •general welfare.
15.083 Action on Preliminary Site Plan Application..
a. Within ninety (90) days of the receipt of the •
application for preliminary site plan approval, the Planning
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•
•
0 Board, shall act upon it by resolution. The Planning Board shall
hold not less than one public hearing prior to preliminary site
plan approval . If no decision is made within said ninety-day
period, the preliminary site plan shall be considered
conditionally approved. The Planning Board shall notify to the
applicant stating whether or not the preliminary site plan is
conditionally approved. A copy of the appropriate resolution of
• the Planning Board shall be a sufficient report.
b. Where the application for preliminary site plan
approval involves property lying within a distance of 500 feet
from the Town' s boundary or from the boundary of an existing or
proposed county or state park, recreation area, road or highway
or in any other instance where General Municipal Law 5239-M is
applicable, the Town Board shall refer the application for
preliminary site plan approval to the Warren County Planning
Board for its review.
c. The Planning Board's statement may include
recommendations as to desirable revisions to be incorporated in
the final site plan, of which conformance with, shall be
considered a condition of approval . Such recommendations shall
be limited, however, to siting and dimensional details within
•
general use areas; and shall not significantly alter the sketch
plan as it was approved in the zoning proceedings.
• d. If the preliminary site plan is disapproved, the
Planning Board' s statement shall contain the reasons for such
findings. In such a case the Planning Board may recommend
further study of the site plan and resubmission of the
preliminary site plan to the Planning Board after it has been
revised or redesigned.
e. No modification of existing stream channels, filling
of lands with a moderate to high susceptibility to flooding,
grading or removal of vegetation in areas with moderate to high
susceptibility to erosion, or excavation for and construction of
site improvements shall begin until the developer has received
preliminary site plan approval . Failure to comply shall be
construed as a violation of the Zoning Ordinance and, where
necessary, final site plan approval may require the modification
or removal of unapproved site improvements.
15.084 Request for Changes in Sketch Plan.
411 If in the site plan development it becomes apparent
that certain elements of the sketch plan, as it has been approved
by, the Town Board, are unfeasible and in need of significant
modification, the applicant shall then present his solution to
the Planning Board as his preliminary site plan in accordance
•
with the above procedures. The Planning Board shall then
-11-
•
. 411
keeping
determine whether or not the modified plan iisastill in dki
with the intent of the zoning resolution. o
is reached, the site plan shall be considered as disapproved.
The developer may then, if he wishes, produce another site plan
in conformance with the Approved Sketch Plan. If an affirmative
decision is reached, the Planning Board shall so notify the Town •
Board stating all of the particulars of the matter and its
reasons for feeling the project maouthe n be given withfithe
Preliminary site plan approval may
consent of the Town Board.
15 .085 Application for Final Detailed Site Plan Approval .,
a. After receiving conditional approval from the Planning
Board on a preliminary site plan, and approval for all necessary
permits and curb cuts from state and the it
applicant may prepare his final detailed site plan approval ; except that if more
to the Planning Board for final app
than twelve (12) months has elapsed between the time of the
Planning Board' s report on the preliminary site plan and if the •
Planning Board finds that conditions have uihangge significantly
in the interim, the Planning Board may require possible
the preliminary site plan for further review and o for
revision prior to acceptin g the proposed final site pl an s
review.
b. The final detailed
tesite plan
thatshall
has received
substantially to the preliminary si► It plan should incorporate. any
preliminary site plan app va
revisions or other features that may have been recommended by the
Planning Board and/or the Town Board at the preliminary review.
All such compliances shall be clearly indicated by the applicant
on the appropriate submission.
15.086 Action on the Final Detailed Site Plan Application.,
Within sixty (60) days of the receipt of the
application for final site plan approval, the Planning and and
shall , by resolution, render a decision to the applicant
notify the Town Board. If no decision is made within the sixty
eed
day period, the final site plan shall be considered app
a. Upon approving an application the Planning Board
d shall •
endorse its approval on a copy of the final plan
forward it to the Building Inspector who shall then issue a
building permit to the applicant if the project conforms to all
other applicable requirements.
b. Upon disapproving an application, the Planning Board
shall so inform the Building Inspector. The Planning Board shall
also notify the applicant and the Town Board in writing of its
-12-
. . . .
411 decision and its reasons for disapproval . A copy of the
appropriate minutes may suffice for this notice.
15.007 Staging.
•
If the applicant wishes to stage his development, and
he has so ind4cated as per Section 15.073 (b).(2) then he may •
•
submit only those stages he wishes to develop for site plan
approval in accordance with his staging plan. Any plan which
requires more than twenty-four (24) months to be completed shall
be required to be staged; and a staging plan must be developed.
15.090 OTHER REGULATIONS APPLICABLE TO PLANNED UNIT DEVELOPMENTS.
15 .091 FINANCIAL RESPONSIBILITY.
a. Prior to the issue of building permits, the developer
may be required to post performance bond(s) pursuant to, and in
accordance with the same procedures as provided for in Section
277 of New York Town Law, in sufficient amounts and duration to
assure that all streets or other public places shown on the PUD
Plan shall be suitably graded and paved and that sidewalks,
street lighting standards, curbs, gutters, street trees, water
mains, fire alarm signal devices including necessary ducts and
cables or other connecting facilities, sanitary sewers and storm
drains shall all be installed in accordance with standards,
specifications and procedure acceptable to the appropriate Town
of Queensbury Departments.
b. Alternatively, such improvements may be installed by the
developer in 'accordance with standards, specifications and
procedure acceptable to the appropriate Town of Queensbury
• departments.
15.092 Construction After PUD Approval.
If no evidence of progressive activity has occurred
pursuant to the adopted plan (a) within one year of the date of
the adoption of the PUD, or (b) upon expiration of any extension
of time for starting development granted by the Town Board, the
approved plan shall become null and void and a new precise plan
shall be required for any development on subject property.
15.093 Compliance With Plan After Construction Started.
Af
411 ter general construction commences, the Town of
Queensbury Senior Planner shall review, at least once every six
(6), months, all building permits issued and compare them to the
overall development phasing program. If he determines that the
40 rate of construction of residential units or nonresidential
structures substantially differs from the phasing program, he
•
-13-
•
shall so notify the developer and the Town Boar
er from further
ill .
thereafter, the Town Board may suspend the developer
of dwelling units or nonresidential structures until
compliance is achieved. •
15.094 Filing Reports.
All Planning Board decisions and reports shall be filed •
with the Town Board.
•
Dated:
•
r
..
Y
•
•
•
•
•
• •
411
• •
•
•
• •
•
•
•
•
•
•
•
•
•
..'
, .
• •
•
• •
_ 14_ »
ARTICLE 16
REPEALER
Section 16.010 Repeal of Prior Zoning Ordinance.
The Ordinance entitled "Zoning Ordinance of the Town of Queensbury" adopted
in June 11, 1982, together with all changes and amendments thereto, is hereby
repealed and declared to be of no effect.
End of Article 16
ARTICLE 17
SEVERABILITY
Section 17.010 Severability.
Should any Section or provision of this Ordinance be declared by the Courts
to be unconstitutional or invalid, such decision shall not effect the
validity of this Ordinance as a whole, or any part thereof, other than the
part so decided to be unconstitutional or invalid.
End of Article 17
ARTICLE 18
EFFECTIVE DATE
Section 18.010 Effective Date.
This Ordinance shall . take effect ten (10) days after its publication in
summary form only in the Post-Star, a newspaper published in Glens Falls, New
York in Warren County and having general circulation in the Town.
End of Article 18
118
•
APPENDIX A
CLASS A REGIONAL PROJECTS
•
•
•
•
APPENDIX A
• CLASS A REGIONAL PROJECTS
(Comment on Appendix A) This appendix lists Class A regional projects for review by
the Adirondack Park Agency under Section 6.070 of the Adirondack Park Agency Act.
This list does not include, however, the various types of subdivisions classified as
• Class A regional projects by the Act - those subdivisions are reviewed as "Class A
Regional Subdivisions" under the Town Subdivision Regulations.
A. HAMLET AREAS
1. All land uses and development, except subdivisions of land, involving wetlands.
2. All land uses and development, except subdivisions of land, involving one
hundred (100) or more residential units, whether designed for permanent,
seasonal or transient use.
3. All structures in excess of forty (40) feet in height, except residential radio
and television antennas, and agricultural use structures.
4. Commercial or private airports.
5. Watershed management and flood control projects.
. 6. Any material increase or expansion of an existing land use or structure
included on this list that is twenty-five (25%) percent or more of the original
size of such existing use of twenty-five (25%) percent or more of the original
square footage of such structure.
B. MODERATE INTENSITY USE AREAS
1. All land uses and development, except subdivision of land, located in the
following critical environmental areas:
a) within one-quarter (1/4) mile of rivers navigable by boat designated to be
studied as wild, scenic or recreational in accordance with the Environmen-
tal Conservation Law during the period of such designation;
b) involving wetlands;
c) at elevations of twenty-five hundred (2,500) feet or more;
d) within one-eighth (1/8) mile of tracts of forest preserve land or water now
or hereafter classified as wilderness, primitive or canoe in the master
plan for management of State lands, except for and individual single family
• dwelling and accessory uses or structures thereto. Provided, however, that
the above shall not include forestry uses (other than clear-cutting as
specified in number eight below), agricultural uses, open space recreation
uses, public utility uses, and accessory uses or structures (other than
• signs) to any such use or to any pre-existing use. •
A-1
2. All land uses and development, eitsptwhetheridesigned fordpermanent,involving
seasonal
seventy-
five (75) or more residential un
or transient use.
3. Commercial or agricultural service uses involving ten thousand or more square
feet of floor space.
4. All structures in excess of forty (4 ) fet in height,
xcept residential radio
and television antennas, and agricultural
5. Tourist attractions.
6. Ski centers.
7. Commercial or private airports.
8. Timber harvesting that includes a proposed clear-cutting of any single unit of
land or more than twenty-five (25) acres.
9. Sawmills, chipping mills, pallet mills and similar wood using facilities.
10. Mineral extractions.
11. Mineral extraction structures.
12. Watershed management and flood control projects. •
13. Sewage treatment plants.
14. Major public utility uses.
15. Industrial uses.
16. Any material increase or expansion of an existing land use or
structureoriginal
included on this list that is twenty-five (25%) percent se o or more of the original
size of such existing use or twenty-five(25%) p e
square footage of such structure.
C. LOW INTENSITY USE AREAS
1. All land uses and development, except subdivisions of land, located in the
following critical environmental areas:
a) within one-quarter (1/4) mile of rivers navigable by boat designated to be
studied as wild, scenic or recreational in accordance with the Environmen-
tal Conservation Law during the period of such designation;
b) involving wetlands; III
c) at elevations of twenty-five hundred (2,500) feet or more;
A-2
d) within one-eighth mile of tracts of forest preserve land now or hereafter
. classified as wilderness, primitive or canoe in the master plan for manage-
ment of State lands, except for and individual single family dwelling and
accessory uses or structures thereto. Provided, however, that the above
shall not include forestry uses (other than clear-cutting as specified in
number eight below), agriculture uses, open space recreation uses, public
utility uses, and accessory or structures (other than signs) to any such
use or to any pre-existing use.
• 2. All land uses and development, except subdivisions of land, involving thirty-
five (35) or more residential units, whether designed for permanent, seasonal
or transient use.
3. Commercial or agricultural service uses involving five (5) thousand or more
square feet of floor space.
4. All structures in excess of forty (40) feet in height, except residential radio
and television antennas, and agricultural use structures.
5. Tourist attractions.
6. Ski centers.
7. Commercial or private airports.
8. Timber harvesting that includes a proposed clear-cutting or any single unit of
1110 9. or more than twenty-five (25) acres.
9. Sawmills, chipping mills, pallet mills and similar wood using facilities.
10. Mineral extractions.
11. Mineral extraction structures.
12. Watershed management and flood control projects.
13. Sewage treatment plants.
14. Waste disposal areas.
15. Junkyards.
16. Major public utility uses.
17. Industrial uses.
18. Any material increase or expansion of an existing land use or structure
• included on this list that is twenty-five (25%) percent or more of the original
size of such existing use or twenty-five (25%) percent or more of the original
square footage of such structure.
A-3
U. RURAL USE AREAS •
1. All land uses and development, except subdivisions of land, located in the
following critical environmental areas:
a) within one-quarter (1/4) mile of rivers navigable by boat designated to be
studies as wild, scenic or recreational in accordance with the Environmen-
tal Conservation Law during the period of such designation; •
b) involving wetlands;
c) at elevations of twenty-five hundred (2,500) feet or more;
d) within one-eighth (1/8) mile of tracts of forest preserve land or water now
or hereafter classified as wilderness, primitive or canoe in the master
plan for management of state lands, except for individual single family
dwelling and accessory uses or structures thereto;
e) within one hundred fifty (150) feet of the edge of the right-of-way of
federal or state highways, except for an individual single family dwelling
and accessory uses or structures thereto;
f) within one hundred fifty (150) feet of the edge of the right-of-way of
county highways designated by rule or regulation of the Agency adopted
pursuant to subdivision fourteen (14) of Section 809 of the Adirondack Park
Agency Act, as major travel corridors by the Agency, except for an •
individual single family dwelling and accessory uses or structures thereto.
Provided, however, that the above shall not include forestry uses (other than
clear-cutting as specified in number nine below and sand and gravel pits
associated with such uses located within one hundred fifty (150) feet of the
edge of the right-of-way of the above described travel corridors), agricultural
uses (other than sand and gravel pits associated with such uses located within
one hundred fifty (150) feet of the edge of the right-of-way of the above
described travel corridors), open space recreation uses, and accessory uses or
structures (other than signs) to any such uses or to any pre-existing use.
2. All land uses and development, except subdivisions of land, involving twenty
(20) or more residential units, whether designed for permanent, seasonal or
transient use.
3. Commercial and agricultural service uses involving twenty-five (2,500) hundred
or more square feet of floor space.
4. All structures in excess of forty (40) feet in height, except residential radio
and television antennas, and agricultural use structures. 410 5. Tourist attractions.
6. Ski centers.
7. Commercial seaplane bases.
A-4
i
8. Commercial or private airports.
9. Timber harvesting that includes a proposed clear-cutting of any single unit of
land of more than twenty-five (25) acres.
10. Sawmills, chipping mills, pallet mills and similar wood using facilities.
11. Mineral extractions.
• 12. Mineral extraction structures.
13. Watershed management and flood control projects.
14. Sewage treatment plants.
15. Waste disposal area.
16. Junkyards.
17. Major public utility uses.
18. Industrial use.
19. Any material increase or expansion of an existing land use or structure
included on this list that is twenty-five (25%) percent or more of the original
size of such existing use or twenty-five (25%) percent of the original square
footage of such structure.
E. RESOURCE MANAGEMENT AREAS
1. All land uses and development, except subdivisions of land, located in the
following critical environmental areas:
a) within one-quarter (1/4) mile of rivers navigable by boat designated to be
studied as wild, scenic or recreational in accordance with the Environmen-
tal Conservation Law during the period of such designation;
b) involving wetlands;
c) at elevations of twenty-five hundred (2,500) feet or more;
d) within one-eighth (1/8) mile of tracts of forest preserve land or water now
or hereafter classified as wilderness, primitive or canoe in the master
plan for management of state lands, except for an individual single family
dwelling and accessory uses or structures thereto;
• e) within three hundred (300) feet of the edge of the right-of-way of federal
or state highways, except for an individual single family dwelling and
accessory uses or structures thereto;
A-5
f) within three hundred (300) feet of the edge of the right-of-way of county
highways designated as major travel corridors by rule or regulation of the 4111.
Agency adopted pursuant to subdivision 14 of Section 809 of the Adirondack
Park Agency Act, except for an individual single family dwelling and
accessory uses or structures thereto. Provided, however, that the above
shall not include forestry uses (other than clear-cutting as specified in
number nine below and sand and gravel pits associated with such uses
located within three hundred (300) feet of the edge of the right-of-way of •
the above described travel corridors) agricultural uses (other than sand
and gravel pits associated with such uses located within three hundred
(300) feet of the edge of the right-of-way of the above described travel
corridors), open space recreational uses, public utility uses, and
accessory uses or structures (other than signs) to any such uses or to any
pre-existing use.
2. Campgrounds involving fifty or more sites.
3. Group camps.
4. Ski centers and related tourist accommodations.
5. Agricultural service uses.
6. All structures in excess of forty (40) feet in height, except residential radio
and television antennas, and agricultural use structures.
7. Sawmills, chipping mills and pallet mills and similar wood using facilities.
8. Commercial sand and gravel extractions.
9. Timber harvesting that includes a proposed clear-cutting of any single unit of
land of more than twenty-five (25) acres.
10. Mineral extractions.
11. Mineral extraction structures.
12. Watershed management and flood control projects.
13. Sewage treatment plants.
14. Major public utility uses.
15. Any material increase or expansion of an existing land use or structure
included on this list that is twenty-five (25%) percent or more of the original
size of such existing use or twenty-five (25%) percent or more of the original
square footage of such structure. •
A-6
F. INDUSTRIAL USE AREAS
1. Mineral extraction.
2. Mineral extraction structures.
3. Commercial sand and gravel extractions.
• 4. Major public utility uses.
5. Sewage treatment plants.
6. Waste disposal area.
7. Junkyards.
8. Any material increase or expansion of an existing land use or structure
included on this list that is twenty-five (25%) percent or more of the original
size of such existing use or twenty-five (25%) percent or more of the original
square footage of such structure.
G. Any amendment to the Class Regional Project list in Section 810 (1) of the Adiron-
dack Park Agency Act subsequent to the adoption of this Ordinance shall be deemed
to effect a corresponding change in this Appendix A without action by the Town,
except so far as that amendment affects the delineation of subdivisions which are
Class A regional projects.
•
•
A-7
i
•
APPENDIX B
CLASS B REGIONAL PROJECTS
•
•
• APPENDIX B
CLASS B REGIONAL PROJECTS
A. MODERATE INTENSITY USE AREAS
1. Multiple family dwellings.
•
2. Mobile home courts.
3. Public and semi-public buildings.
4. Municipal roads.
5. Commercial or agricultural service uses involving less than ten thousand
(10,000) square feet of floor space.
6. Tourist accommodations.
7. Marinas, boatyards and boat launching sites.
8. Golf courses.
9. Campgrounds.
• 10. Group camps.
11. Commercial seaplane bases.
12. Commercial sand and gravel extractions.
13. Land use or development, except subdivisions of land, involving the clustering
of buildings on land having shoreline on the basis of a specified number of
principal buildings per linear mile or proportionate fraction thereof, as pro-
vided for in the shoreline restrictions.
14. Any land use or development not now or hereafter included in the applicable
primary or secondary compatible lists of the APA Act.
15. An individual single family dwelling within one-eighth (1/8) mile of tracts of
forest preserve land or water now or hereafter classified as wilderness, primi-
tive or canoe in the master plan for management of state lands.
16. All land uses and development, except subdivisions of land, within one-quarter
(1/4) mile of rivers designated to be studied as wild, scenic or recreational
• in accordance with the Environmental Conservation Law, other than those navi-
gable by boat, during the period of such designation.
B-1
material increase or expansion of an existing land use or structure •
17. Any percent or more of the original
included on this list that is twenty-five (25%)percent or more of the original
size of such existing use or twenty-five (25%) p
square footage of such structure.
A. LOW INTENSITY USE AREAS
1. Multiple family dwellings. •
2. Mobile home courts.
3. Public and semi-public buildings.
4. Municipal roads.
6. Commercial or agricultural service uses involving less than five thousand
(6,000) square feet of floor space.
6. Tourist accommodations. 1
7. Marinas, boatyards and boat launching sites.
8. Golf courses.
9. Campgrounds.
10. Group camps. III
11. Commercial seaplane bases.
12. Commercial sand and gravel extractions.
13. Land use or development, except subdivision of land, involving the clustering
of buildings on land having shoreline on the basis of a specified number of
principal buildings per linear mile or proportionate fraction thereof, as pro-
vided for in the shoreline restrictions.
14. Any land use or development not now or hereafter included in the applicable
primary or secondary compatible use lists of the APA Act.
16. An individual single family dwelling within one-eighth (1/8) mile of tracts of
forebt preserve land or water now or hereafter classified as wilderness, primi-
tive or canoe in the master plan for management of state lands.
16. All land uses and development, except subdivisions of land, within one-quarter
in mile or rivers hesiEnvironme studied as
othercthanrthosetnavi-
in accordance with the
navi-
gable by boat, during the period of such designation.
B-2
17. Any material increase or expansion of and existing land use or structure
included on this list that is twenty-five (25%) percent or more of the original
size of such existing use or twenty-five (25%) percent or more of the original
square footage of such structure.
C. RURAL USE AREAS
• 1. Multiple family dwellings.
2. Mobile home courts.
3. Public and semi-public buildings.
4. Municipal roads.
5. Marinas, boatyards and boat launching sites.
6. Golf courses.
7. Campgrounds.
8. Group camps.
9. Commercial sand and gravel extractions.
• 10. Land use or development, except subdivision of land, involving the clustering
of buildings on land having shoreline on the basis of a specified number of
principal buildings per linear mile or proportionate fraction thereof, as pro-
vided for in the shoreline restrictions.
11. All land uses and development, except subdivisions of land, within one-quarter
(1/4) mile or rivers designated to be studied as wild, scenic or recreational
in accordance with the Environmental Conservation Law, other than those navi-
gable by boat, during the period of such designation.
12. Any land use or development not now or hereafter included in the applicable
primary or secondary compatible use lists of the APA Act.
13. Commercial and agricultural service uses involving less than twenty-five
hundred (2,500) square feet.
14. An individual single family dwelling within one-eighth (1/8) mile of tracts of
forest preserve land or water described in paragraph (d), subparagraph (1) of
Appendix A or within one hundred fifty (150) feet of a travel corridor
described in such paragraph.
• 15. Any material increase or expansion of an existing land use or structure
included on this list that is twenty-five (25%) percent or more of the original
size of such existing use or twenty-five (25%) percent or more of the original
square footage of such structure.
•
B-3
•
D. RESOURCE MANAGEMENT AREAS
1. Single family dwellings.
2. Individual mobile homes.
3. Forestry use structures.
4. Punting and fishing cabins and hunting and fishing and other private club •
structures involving five hundred (500) or more square feet of floor space.
5. Land use or development, except subdivision of land, involving the clustering
of buildings on land having shoreline on the basis of a specified number of
principal buildings per linear mile or proportionate fraction thereof, as pro-
vided in the shoreline restrictions.
6. Any land use or development now or hereafter included in the applicable primary
or secondary compatible use list of the APA Act.
7. Municipal roads.
8. Golf courses.
9. An individual single family dwelling within one-eighth (1/8) mile of tracts of
forest preserve land of waters described in paragraph (3), subparagraph (1) of
Appendix A or within three hundred (300) feet of a travel corridor described in
such paragraph. •
10. Campgrounds involving fewer than fifty (50) sites.
11. All land uses and development, except subdivision of land, within one-quarter
(1/4) mile of rivers designated to be studied as wild, scenic and recreational
in accordance with the Environmental Conservation Law, other than those navi-
gable by boat, during the period of such designation.
12. Any material increase or expansion of an existing land use or structure
included on this list that is twenty-five (25%) percent or more of the original
size of such existing use or twenty-five (25%) percent or more of the original
square footage of such structure.
E. INDUSTRIAL USE AREAS
1. Sawmills, chipping mills, pallet mills and similar wood using facilities.
2. Industrial uses.
3. Commercial uses. S
4. Agricultural service uses.
5. Public and semi-public buildings.
B-4
6. Municipal roads.
7. Any land use or development now or hereafter included in the applicable primary
or secondary compatible use lists of the APA Act.
8. Any material increase or expansion of an existing land use or structure
included on this list that is twenty-five (25%) percent or more of the original
size of such existing use or twenty-five (25%) percent or more of the original
• square footage of such structure.
F. Any amendment to the Class B Regional Project list in Section 810 (2) of the
Adirondack Park Agency Act subsequent to the adoption of this (ordinance) (local
law) shall be deemed to effect a corresponding change in this Appendix B without
action by the (Town) (village), except so far as that amendment affects the
delineation of subdivisions which are Class B Regional Projects.
•
•
4
B-5
J
S
•
APPENDIX C
REGIONAL PROJECT REVIEW CRITERIA
•
•
•
APPENDIX C
II REGIONAL PROJECT REVIEW CRITERIA
A. SOILS
1. Soils, General
• OBJECTIVE: Prevent accelerated soil erosion and the otential for earth
slippage. p
GENERAL GUIDELINE: Respect existing natural features such as slope, soil
texture and structure; minimize removal of vegetation cover; rapidly
revegetate cleared areas; limit cuts and fills; and employ such erosion
control devices and measures as are necessary to promptly stabilize slopes and
surfaces and to control runoff.
2. Agricultural Soils
OBJECTIVE: Conserve viable agricultural soils.
GENERAL GUIDELINE: Avoid activities on Class I and Class II agricultural
soils and presently in agricultural service which would diminish or preclude
continuing use thereof for agricultural purposes.
B. TOPOGRAPHY
OBJECTIVE: Minimize topographic alterations.
GENERAL GUIDELINE: Minimize excavation, cuts and fills and site grading by
employing to advantage existing topographic features; and avoid development
activities on steep slopes where environmental damage and costly development
problems could result therefrom.
C. SURFACE WATERS
1. Water Quality and Eutrophication
OBJECTIVE: Maintain or enhance existing physical, chemical and biological
water quality characteristics and prevent any undue acceleration of existing
rates of eutrophication of bodies of water.
GENERAL GUIDELINE: Maintain wide buffer strips of natural vegetation border-
ing water bodies; minimize channel disturbance and alterations; preserve
shoreline vegetation; minimize hydrologic changes which would result from
• damming or impounding; avoid introduction of nutrients from the use of fer-
tilizers and from sewage effluent; and avoid introduction of toxic materials
to water bodies.
C-1
2. Surface Drainage
OBJECTIVE: Retain existing surface water drainage and runoff patterns and
existing flow characteristics.
GENERAL GUIDELINE: Minimize alterations to existing drainage patterns and
drainage courses; preserve drainageways in their natural state; and provide,
where necessary, natural ponding areas and other measures designed to provide •
natural retention of storm water runoff if development includes a significant
area of impervious surface.
3. Flood Plains
OBJECTIVE: Maintain the storage capacity of flood plains and their existing
ability to convey water downstream; and avoid activities in flood plains which
will result in dangers to life, safety and property if subjected to flooding.
GENERAL GUIDELINE: Avoid the placement of buildings intended for human
habitation, commercial use and industrial use within flood plains; avoid the
use of fill to create elevated sites; and within any flood hazard special
zoning district and any flood hazard fringe special zoning district conform
all development plans to the flood plain regulations contained in Article 7
hereof.
D. GROUND WATER
OBJECTIVE: Preserve quality, infiltration rate, and levels of ground water. RIP
GENERAL GUIDELINE: Comply at a minimum with applicable governmental water
pollutant discharge restrictions; particularly avoid discharge of effluent
potentially degrading to ground water quality in proximity to major aquifers
and aquifer recharge areas which could result from covering them with
impervious surfaces.
E. SHORELINES
OBJECTIVE: Maintain or enhance the existing physical biological and
aesthetic characteristics of the shoreline of all lakes, ponds, rivers and
streams.
GENERAL GUIDELINE: Comply at a minimum with applicable governmental shoreline
restrictions, minimize construction or development of any kind near or on the.
shorelines; avoid physical modifications of the shorelines themselves;
minimize the removal of vegetation along shorelines; locate buildings so as to
be partially screened from the shorelines by natural vegetation; maximize the
preservation of stretches of shoreline in a natural, unchanged and undeveloped
state. •
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F. MINERAL RESOURCES
OBJECTIVE: Conserve existing known mineral resources.
GENERAL GUIDELINE: Avoid activities which would preclude present or future
use of important mineral resources that may be of economic significance to the
region.
• G. AIR QUALITY
OBJECTIVE: Maintain or enhance existing air quality.
GENERAL GUIDELINE: Adhere to applicable governmental air quality standards;
provide adequate air pollution abatement devices; and reduce dust levels
caused by construction activities.
H. NOISE LEVELS
OBJECTIVE: Limit additions to noise levels.
GENERAL GUIDELINE: Adhere at a minimum to applicable governmental noise level
standards; utilize noise abatement equipment; and maintain natural buffers
such as existing topographic relief and vegetation.
I. WETLANDS
• OBJECTIVE: Preserve the hydrologic, wildlife, vegetational, aesthetic, educa-
tional, open space and recreational values of wetlands.
GENERAL GUIDELINE: Avoid development in marshes, bogs, swamps and periodically
inundated lands or on lands immediately adjacent thereto, if such development
could result in environmental damage to the marsh, bog, swamp or periodically
inundated land.
J. AQUATIC COMMUNITIES
OBJECTIVE: Protect generally the existing natural aquatic plant and animal
communities and preserve rare and endangered aquatic plant and animal species.
GENERAL GUIDELINE: Preserve key spawning areas, nursery grounds, food sources
and food source areas; preserve habitats of rare and endangered animal
species; maintain adjacent vegetated areas generally as habitats and buffer
zones; minimize shoreline alterations such as beach construction and emplace-
ment of docks, rafts, boat launching facilities, and breakwaters; and avoid
introduction of toxic materials and nutrients to water bodies.
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K. TERRESTRIAL VEGETATION
1. Vegetation, General
OBJECTIVE: Preserve or quickly restore terrestrial vegetation.
GENERAL GUIDELINE: Minimize clearing of vegetation in light of development
objectives; avoid clearing vegetation where damage will result to remaining •
vegetation from such factors as wind, erosion, and frost; and protect
remaining vegetation during the construction period.
2. Rare and Endangered Terrestrial Plant Species
OBJECTIVE: Preserve rare and endangered terrestrial plant species.
GENERAL GUIDELINE: Locate development and other intensive human activities so
as to protect the location and habitats of rare and endangered plant species
and allow for the continuing propagation of these species.
3. Productive Commercial Forest Land
OBJECTIVE: Conserve productive forest lands.
GENERAL GUIDELINE: Avoid impairment of productive forest lands for commercial
forest production by employing sound forestry practices and by employing such
planning techniques as clustering of development. •
L. FRAGILE ECOSYSTEMS AT HIGHER ELEVATIONS
OBJECTIVE: Minimize disturbance of fragile ecosystems at higher elevations.
GENERAL GUIDELINE: Avoid development at elevations of twenty-five hundred
(2,500) feet or more.
M. TERRESTRIAL WILDLIFE
1. Terrestrial Wildlife, General,
OBJECTIVE: Maximize the preservation of terrestrial wildlife species.
GENERAL GUIDELINE: Preserve key wildlife habitats, such as deer wintering
yards, nesting areas, productive feeding areas, and important vegetation
transition areas; and maintain wildlife diversity to the extent possible in
view of project objectives by maintaining a diversity of habitat.
2. Rare and Endangered Terrestrial Wildlife Species
OBJECTIVE: Preserve rare and endangered terrestrial wildlife species. .
GENERAL GUIDELINE: Locate development and other intensive human activities so
as to protect the location and habitats of rare and endangered terrestrial
wildlife species and allow for the continuing propagation of these species.
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N. AESTHETICS
1. Aesthetics, General
OBJECTIVE: Preserve and enhance, where possible, impact of the project upon
the existing aesthetic qualities of the project site and it.s environs.
• GENERAL GUIDELINE: Utilize existing vegetation and topographical features,
and employ careful siting methods so as to minimize the visual impact of all
development activities.
2. Scenic Vistas
OBJECTIVE: Maintain the scenic qualities of views from vistas designated in
the Adirondack Park State Land Master Plan.
GENERAL GUIDELINE: Avoid visibility of buildings and other development and
land use alterations generally from vistas by employment of vegetative
screening, existing topography, and careful siting methods.
3. Travel Corridors
OBJECTIVE: Preserve the scenic qualities of views from public roads and
trails and from boat and canoe routes.
• GENERAL GUIDELINE: Employ vegetative screening, existing topography, and
careful siting methods to minimize the visual impact of buildings and other
development and land use alterations.
0. OPEN SPACE
1. Open Space, General
OBJECTIVE: Maintain the open space character of the project site, adjacent
land, and surrounding areas.
GENERAL GUIDELINE: Preserve vegetation screening and existing topography and
employ clustering and careful siting methods where appropriate to minimize the
impact of development activities and land use alterations on open space; and
preserve undeveloped areas as large as possible in view of project objectives.
2. Outdoor Recreation
OBJECTIVE: Maintain the quality and availability of land for outdoor open
space recreational purposes.
• GENERAL GUIDELINE: Provide on the project site sufficient open space areas
for outdoor recreational use by those persons who will use the proposed
project, taking into account the existing recreational resources available in
the area; and locate buildings and other development so as not to interfere
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with those areas to used as hiking, bicycling, and cross-country skiing trails
as well as trail-bike, jeep, all-terrain vehicle and horse trails, play-
grounds, picnic areas, campgrounds, parks, beaches, and similar uses.
P. ADJOINING AND NEARBY LAND USES
1. Surrounding Land Uses, General
OBJECTIVE: Minimize incompatibility of new development with the character of •
adjoining and nearby land area.
GENERAL GUIDELINE: Take into account the existing and potential land uses in
the vicinity of the project site in determining what new land use activities
are suitable for the project site; avoid new intensive development in open
space areas; and avoid substantially altering existing residential and other
land use patterns.
2. Adjacent State Land
OBJECTIVE: Preserve the wild and natural character of adjacent state lands
designated as wilderness, primitive, or canoe by the Adirondack Park State
Land Master Plan.
GENERAL GUIDELINE: Minimize development activities which would materially
impair the wilderness attributes of these State lands; design and construct
development that is located within one-eighth (1/8) mile of these State lands
so as to minimize its visual and aural impact in these wilderness-like areas, •
thereby insuring the continued compatibility of State and private types of
ownership.
Q. WILD, SCENIC AND RECREATIONAL STUDY RIVERS
OBJECTIVE: Protect or enhance the natural qualities of any river designated
to be studied for possible inclusion in the State's wild, scenic or recrea-
tional river system.
GENERAL GUIDELINE: Maintain buffer zones and existing vegetation along
designated study rivers; avoid intensive development within one-quarter (1/4)
mile of such rivers; minimize alterations to such rivers and their banks; and
preserve the free-flowing character of such rivers.
R. HISTORIC SITES
OBJECTIVE: Protect archaeological sites, historic sites, and unique
historical structures for their educational and cultural value to the area,
region or state.
GENERAL GUIDELINE: Preserve and restore archaeological sites, historic sites, •
and unique historic structures to the extent warranted by their respective
significance; avoid land uses and development on adjoining and nearby lands
which would be incompatible with the significance of such sites and
structures.
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S. SPECIAL INTEREST AREAS
OBJECTIVE: Preserve special interest areas such as unique natural 1 features
and their surrounding environs.
GENERAL GUIDELINE: Avoid physical and aesthetic alteration and impairment of
the natural condition of unique physical features such as gorges, waterfalls
and interesting geological formations; interest areas as assets to
• development.
T. GOVERNMENT CONSIDERATIONS
1 . Service and Finance
OBJECTIVE: Fully explore and assure the ability of government to provide
governmental services and facilities made necessary by the project.
GENERAL GUIDELINE: Phase development activities to a level commensurate with
the financial capability of the various levels of government to provide the
governmental services and facilities that will be generated by the develop-
ment, such as transportation systems, schools, health care, sewage and solid
waste disposal systems, water supply systems, and fire and police protection;
require thnt, no nnnrl,y nn pnaalhln, the halation hnl.wnnn the tins$, tit. puh11.i
services required to adequately serve the development as compared with the
anticipated tax and other revenues to be generated by the development be
favorable at each level of government or taxing jurisdiction affected by the
. project; and include in development plans provisions to maintain or improve
existing services and alleviate any potential adverse impact upon the ability
of the government to provide services and facilities.
2. Regulation
OBJECTIVE: Conform development activities to all applicable governmental
rules and regulations.
GENERAL GUIDELINE: Comply with all applicable ordinances, rules and regula-
tions of all governmental agencies with responsibilities for such activities,
including those of towns and villages, counties, and State Department of
Health and Environmental Conservation, and the Adirondack Park Agency.
U. PUBLIC UTILITIES AND COMMUNITY RESOURCES
OBJECTIVE: Assure the adequacy of such
q y public utility services and community
resources as shall be necessary for the project.
GENERAL GUIDELINE: Avoid excessive demands on the capabilities of public
• utilities such as electricity and communication services; and avoid necessity
for major uncompensated increases in community services and activities such as
recreational facilities, social, cultural and health services, and transporta-
tion facilities.
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The principal development activities associated with a project to be con-
sidered in connection with the determination required by Section 5.060 through
6.071 and referred to in Section 6.020 hereof, together with representative
means for avoiding undue adverse impact include the following:
1. Street and Roads
OBJECTIVE: Design and construct roads and streets to provide safe and •
convenient access without causing undue adverse impacts on natural and
public resources.
GENERAL GUIDELINE: Conform street and road alignments with existing
topography and vegetation; avoid steep slopes, abrupt curves and excessive
cuts and fills; provide adequate road surfacing and road bed drainage;
preserve existing drainage patterns; and design streets and roads so as to
minimize the impacts of construction and maintenance practices.
2. Siting and Construction of Buildings
OBJECTIVE: Design, site and construct buildings to best serve their
intended functions and to minimize impact on existing natural and public
resources.
GENERAL GUIDELINE: Blend buildings with existing topography and their
surrounding environs; avoid steep slopes; minimize grade alterations; and
avoid complex costly engineering solutions of site problems with •
potentially excessive environmental impacts.
3. Sewage Disposal
0BJEC'f1VE: Roleet, &slgn end Drente •ewegA dl.imee) nyntomn to prvwt&
adequate treatment of effluent and to avoid contamination of surface or
ground water.
GENERAL GUIDELINE: Comply with all State and local health standards,
adhere at a minimum to the Adirondack Park Agency Act's setback require-
ments for water bodies; employ proven design criteria for sewage disposal
systems in proper working order.
4. Storm Drainage
OBJECTIVE: Design, locate and construct storm drainage systems so as to
maintain existing drainage patterns in a natural state and to minimize
adverse hydrologic effects.
GENERAL GUIDELINE: Provide adequate drainage for building sites and
roads; avoid altering drainage patterns to the extent possible; utilize •
natural drainageways for handling Storm water runoff and preserve all
natural surface water retention areas such as wetlands, bogs and marshes;
and minimize runoff by such other methods as preserving vegetative cover
and avoiding the creation of unnecessary or extensive impervious surfaces.
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S. Water Supply
OBJECTIVE: Locate, design and construct water supply systems so as to
provide an adequate supply of potable water without adversely affecting
existing water usage patterns or creating adverse effects with regard to
aquifers and sub-surface drainage.
GENERAL GUIDELINE: Comply with all State and local health standards with
• regard to the design, location, construction and maintenance of water
supply systems.
6. Solid Waste Disposal
OBJECTIVE: Provide for the storage, collection, transportation and
disposal of solid waste in a manner which will minimize air, water, and
visual pollution and in a manner which will not create hazards to the
health and welfare of people or wildlife.
GENERAL GUIDELINE: Comply will all applicable State and local standards
for the disposal of solid waste; utilize community solid waste disposal
areas and recycling facilities; adequately screen disposal areas; locate
disposal areas on deep, moderately permeable, well-drained soils and at
sufficient distances from water bodies so as to prevent contamination
thereof; and avoid locating disposal areas on steep slopes.
7. Pesticides and Herbicides
• OBJECTIVE: Avoid all use of pesticides, herbicides and other biocides
potentially detrimental to natural systems.
GENERAL GUIDELINE: Strictly adhere to applicable regulations regarding
type, quality and techniques of application of pesticides, herbicides and
other biocides; and prevent direct application of pesticides, herbicides
and other biocides to surface waters or wetlands or in a manner which may
cause contamination thereto.
8. Shoreline Development
OBJECTIVE: Design and construct development along shorelines so as to
maintain existing aesthetic and ecological characteristics thereof and to
avoid all significant impairment of these qualities.
GENERAL GUIDELINE: Adhere at minimum to the shoreline restrictions of the
Adirondack Park Agency Act and the provision of the Environmental
Conservation Law and all local laws; maximize preservation of undeveloped
shoreline vegetation; minimize construction of docks and boathouses on
• shorelines; minimize aesthetic alterations to shorelines as viewed from
water bodies and surrounding areas.
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9. Noise
OBJECTIVE: Minimize noise insofar as practicable.
GENERAL GUIDELINE: Employ such measures as appropriate site selection,
appropriate construction methods and maintenance of natural cover for a
buffering effect; adhere at a minimum to applicable governmental noise
level standards. •
10. Signs
OBJECTIVE: Avoid signage that detracts from aesthetic and scenic
qualities.
GENERAL GUIDELINE: Limit signs to the extent necessary to adequately
inform viewers concerning the activities to which they relate; utilize
signs which are appropriate to the character of the area in which they are
located; avoid use of signs of excessive size, of signs that are insuffi-
ciently set back from natural and man-made travel corridors, and of signs
containing moving parts or flashing lights.
11. Utilities
OBJECTIVE: Locate, design, construct and maintain utilities so as to
efficiently accomplish project objectives and preserve natural and public
resources. •
GENERAL GUIDELINE: Locate utilities underground if feasible and in such a
way that alignments are compatible with existing topography and vegeta-
tion; minimize visual impacts on surrounding areas by maintaining,and
preserving as much vegetative cover as possible and utilizing existing
topography; and minimize maintenance practices such as herbicide spraying
which could have adverse environmental impacts on terrestrial and aquatic
eco-systems.
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