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1967 I) ZONING ORDINANCE OF THE TOWN OF QUEENS BURY Be it enacted and ordained by the Town Board of the Town of Queensbury, Warren County, New York, as follows: ARTICLE 1 SHORT TITLE AND PURPOSES Section 1.100 SHORT TITLE This ordinance shall be knowned and cited as the IITown of Queensbury Zoning Ordinance." Section 1.200 GENERAL INTENT The intent of this ordinance is to establish com- prehensive controls for the development of land in the Town of Queensbury, based on the Master Plan for the Town and enacted in order to promote and protect health, safety, comfort, convenience and general welfare of the people. Section 1.300 PURPOSE Such regulations shall be made in accordance with the Master Plan and designed to lessen congestion in the streets, to secure safety from fires, flood, panic and other dangers; to promote health and gen eral welfare; to provide adequate light and air; to prevent overcrowding of land; to avoid undue concentration of the public, to facilitate the pro visions of transportation, water, sewage, schools, parks and other public requirements. Such regula- tions shall be made with reasonable consideration, among other things, to the characteristics of the district and the requirements of particular uses and with a view to conserving the value of bui1din s and encouraging the most appropriate use of land throughout the Town. ARTICLE 2 ESTABLISHMENT AND DESIGNATION OF DISTRICTS Section 2.100 ESTABLISHMENT OF DISTRICTS For the purposes of promoting the public health, safety, morals and general welfare of the Town of Queensbury, the Town is hereby divided into the following types of districts: R-l Residential District R-2 Residential District R-3 Residential District R-4 Residential District R-5 Garden Apartment District .C-l Commercial District C-2 Commercial District C-3 Commercial District M-l Light Industrial District M-2 General Industrial District " Section 2.200 Section 2.300 Section 2.400 ) ~. ~ ZONING MAP Said districts are bounded as shown on the map en- titled "Zoning Map of the Town of Queensbury," adopted July ,1967, and certified by the Town Clerk which accompanies and which, with all explan atory matter thereon, is hereby made a part of thi ordinance. INTERPRETATION OF DISTRICT BOUNDARIES Where uncertainty exists with respect to the bound aries of any of the aforesaid districts as shown 0 the Zoning Map, the following rules shall apply: a. Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be said bound- aries. b. Where district boundaries are so indicated that they are approximately parallel to the right-of way lines of streets, or the right-of-way of hi h- ways, such district boundaries shall be con- strued as being parallel thereto and at such distance therefrom as indicated on the zoning map if no distance is given, such dimension shall be determined by the use of the scale shown on said zoning map. c. Where the boundary of a district follows a stre m, lake or other body of water, said boundary line! shall be deemed to be at the limit of the juris diction of the Town of Queensbury, unless other wise indicated. APPLICATION OF REGULATIONS Except as hereinafter provided: a. No building or land shall hereafter be used or c- cupied and no building or part thereof shall be erected, moved, or altered unless in conformity with the regulations herein specified for the district in which it is located. b. No building shall hereafter be erected or alter d: 1. To exceed the height, 2. To accommodate or house a greater number of families. 3. To occupy a greater percentage of lot area,o 4. To have narrower or smaller rear yards, fron yards, side yards, inner or outer courts tha is specified herein for the district in whic such building is located. c. No part of a yard or other open space about any building required for the purpose of complying with the provisions pf this ordinance shall be in~luded is a part of a yard or other open spac similarly required for another building. II II l Section 3.100 Section 3.200 " ARTICLE 3 DEFINITIONS FOLLOWING DEFINITIONS SHALL BE USED Unless the context otherwise requires, the follow- ing definitions shall be used in the interpretatio and administration of the ordinance: words used in the present tense shall include the future tense; the singular number shall include the plural, and the plural the singular; the word "building" shall include the word "structure" and any portion of the building or structure; the word "used" shall include "arranged", "designed,1I "constructed," "altered", "converted," "rented," "leased," or "intended to be used;" and the word "shall" means mandatory and not directory; the word "abut" shall include the words "directly across from." DEFINITIONS 3.201 Accessory Us~ or Structure. A use or structu e subordinate to the principal use of a build- ing on the same lot and serving a purpose cust~marily incidental to the use of the pri - c i pal b u 11 d.i n 9 . 3.202 ~. . A public or private way not more than ~fjet wide affording only secondary means of access to abutting property. 3.203 of Buildin or Structure). Any cnange n t e structura members 0 a build- ing, such as walls, columns, beams or girder. 3.204 Automobile or Mobile Home Sales. An open are, other than a street, used for the display, s~le or rental of new or used motor vehicles or mobile homes in operable condition and where no repair work .is done. 3.205 Automobile Service Station or Fillin A building or pace 0 business where e, oil and greases, batteries, tires and auto- mobile accessories are supplied and dispense directly to the motor vehicle trade at retai . 3.206 Automobile Wrecking. The dismantling or dis- assembling of used motor vehicles or mobile homes; or the storage, sale or dumping of dismantled, partially dismantled, obsolete 0 wrecked vehicles or their parts. 3.207 Basement. A story whose floor is more than 1 inches, but not more than half of its story height, below the average level of the ad- joining ground (as distinguished from a II cell a r II w h 1 chi s a s to r y more than one - h a 1 f below such level). Any portion of a basemen, when used as a dwelling, shall be counted as a story for purposes of height and measureme ts 3.208 Beginning of Construction. The start of the incorporation of labor and material within the floor and walls of the building or build i ngs . ., ~ f ,. I I i APpeal! ! I 3.209 ~oard of Appeals. The Zoning Board of , Of the Town of Queensbury. 3.210 Bui1dinS' Any structure having a roof sup- ported y columns or walls used for shelter enclosure. I Build1n9 Grou~. Any building, such as a stor age' group, WhlCh is divided into separate parts by Qne or more unpierced walls, extend 109 from the ground up. Building Height. The vertical distance measu - e.dfrom the average level of the highest and lowest portion of the building site covered by the building, to the ridge of the house. Building Line. A line formed by the intersec - lngOf.a horizontal plane at average grade level and a vertical plane that coincides with the exterior surface of the building on anysi4e. In case of a cantilevered section of a building, the vertical plane will coin- ctde with the most projected surface. All yard requirements are measured to the buildi g line. 3.217 Bui1dfng, Principal. A building which contai s the principal use of the building site on whiCh it is situated. 3.211 3.212 3.213 3.214 3.215 3 . 216 r Building Area. The total of areas of outside di- mensions on a horizontal plane at the main grade level of the principal building and 'all qccessory buildings; exclusive of unroof d porches, paved terraces and steps attached 0 connected to the building. 6ui1 dt"a Coverage, Per Cent Of. The per cent of but1 ing coverage of any lot shall be equ 1 to lOG times the ratio of the total ground floor area of all principal and accessory buildings or structures located on any lot (incl&ding covered breezeways and porches, but e*~Juding open patios) divided by the total,lat area on which such buildings or structures are located. Buildin~ Farm. Any structure, other than a dwelling, that is accessory toa normal farm activity, including buildings used for the storage of farm machinery, produce, animals, supplies, feQd~ tools and other farm imple- ments; and provided that such building is 10cat,d on, operated in conjunction with and necessary to the operation of a farm as de- fined.in this Article. 3.218 Calendar Month. A calendar month or any part ofa ~~lendar month. 3.219 C~mp.Any one or more of the following, othe tan a hospital, place of detention or schoo off~ring general instruction. If 3.220 3.221 3.222 3.223 Type 1. Any area of land or water on which a e located two or more cabins, tents, trailers, shelters, houseboats or ot er accommodations of a design or char= acter suitable for season or other more or less temporary living purpos s, regardless of whether such structure or other accommodations actually are occupied seasonally or otherwise; or Any land, including any building the e- on, used for any assembly of persons for what is commonly known as "day camp" purposes; and any of the fore- going establishments whether or not conducted for profit and whether or ot occupied by adults or by children, either as individuals, families or groups. Cam~ing Ground. A parcel of land used or in- ten ed to be used, let or rented for occup- ancy by campers or for occupancy by or for trailers, tents or movable or temporary dwellings, rooms or sleeping quarters of any kind. Type 2. Cellar. A story partly underground and havin more than one-half of its clear height below the average level of the adjoining ground. (measured from floor to ceiling inside) Certificate of Occupancy. A statement signed by the Zoning Inspector setting forth either that a building or structure complies with the provisions of this ordinance, or that a building, structure or parcel of land may lawfully be employed for specified uses, or both. District. A portion of the territory of the Town of Queensbury within which certain uni- form regulations and requirements, or variou combinations thereof, apply under the pro- visions of this ordinance. Dum ~. A lot 0 r 1 and 0 r par t the reo f use d P r..i mar ly for the d1sposalby abandonment, dump ing, burial, burning or any other means and for whatever purpose, of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof, or waste material of any kind. 3.225 Dwelling. Any building or portion thereof de signed or used exclusively as the residence or sleeping place for one or more persons, except as provided herein: 3.224 a. Dwelling, Single-Family- A detached build ing, deslgned for only one family, contai ing one dwelling unit. b. Dwelling, Two-Family- A detached or semi- 'I ii 3.226 3.227 3.228 3.229 3.230 3.231 3.232 , detached building where not more than two individual family or dwelling units are entirely separated by vertical walls or horizontal floors, unpierced except for a - cess to the outside or to a common cellar c. Dwelling, Multi-Family- A building used 0 designea as a residence for three or more apartment or dwelling units, including garden apartments and row houses. Dwelling, Seasonal. A detached one-family dWelling not used for permanent residence an not occupied for more than six (6) months in each year. Dwelling Structure. Any structure containing one or more rooms providing sleeping and sanitary facilities not including a hotel, hospital, nursing home, dormitory, fraternit , or sorority house, rooming house, boarding house or similar structure. Dwelling Unit. One or more rooms, including a kitchen or kitchenette and sanitary facili ties, in a dwelling structure, designed as a unit for occupancy by not more than one fami y. Family. An individual, or two or more person related by blood or marriage, or a group of not more than five persons (excluding ser- vants) who are not related by blood or marri age, living together as a single housekeepin unit in a dwelling unit. Farm. Any parcel or land containing at least ren-(10) acres which is used for the raising of agricultural products, livestock, poultry and dairy products. Floor Area. For the purposes of applying the requirements for off-street parking and loading, "floor area", in the case of office, retail or service types of uses, shall mean the gross floor area used or intended to be used by tenants, or for service tothe public as customers, patrons, clients or patients, including areas occupied by fixtures and equipment used for display or sales of mer- chandise. It shall not include areas used principally for non-public purposes such as storage, incidental repair, processing or pa k- aging of merchandise for shop windows, for offices incidental to th~ management or main tenance of stores or buildings, for toilet or rest rooms, for utilities or for dressing rooms, fitting or alteration rooms. Garaae, Private Parking. A detached accessor buil ing used only for the storage of auto- mobiles by the families resident upon the premises; and provided that, except on farms, such garage shall not be used for the storag of more than one (1) commercial vehicle of greater than one and one-half (1-1/2) ton rated capacity per family resident upon the premises. 'f II 3.233 3.234 3.235 Garage, Public Parking. A structure other th n a private garage used for the storage, sale, hire, care, repair or refinishing of auto- mobiles. Home Occupation. An accessory use of a servi e character conducted entirely within a dwelli g, provided that no article is sold or offered or sale, except as may be produced by only mem- bers of the immediate family residing on the premises, and which use is clearly incidenta to the use of dwelling for dwelling purposes and does not change the character thereof an which in no way shall adversely affect the safe and comfortable enjoyment of property rights of the zone in which it is located. Hotel or Lod~e. A building designed for oc- cupancy as t e temporary residence of indivi - uals who are lodged with or without meals. No cooking is provided in any individual roo or suites. 3.236 Junk Yard. An area of land, with or without buildings, primarily used for the storage outside of a completely enclosed building, 0 used and discarded materials, including but not limited to waste paper, rags, metal, building materials, house furnishings, mach- inery, vehicles or parts thereof, including junk as defined in this Article, with or without the dismantling, processing, salvage sale or other use or disposition of the same~ The deposit or storage of two or more wrecke or broken motor vehicle, or the major parts of two or more such vehicles shall be deemed to make the lot a Ujunk" yard. Junk. Junk includes scrap metals and their iTTOys, bones, used materials and products (such as rags and cloth, rubber, rope, tin- foil, bottles, old tools and machinery, fix- tures and appliances, lumber, boxes or crate, pipe and pipe fittings), and other manufact- ured goods that are so worn, deteriorated or obsolete as to make them unusable in their existing condition, but are subject to being dismantled. I' 3.237 3.238 3.239 h!r]e Scale Business Development. A tract of Tina not less than five (5) acres for non- .residential development, and which is planne for development in units under single owner- ship and/or control and which includes two 0 more non-residential principal buildings. h.!!:.9 e S c ale I n d u s t ria 1 De vel 0) men t. A t r.a c t ~land not less than ten (10 acres for non residential development, and which is planne for development in units under single owner- ship and/or control and which include two or more nonresidential principal buildings. t 1/ 'I I' 3.240 Lot or Zone Lot. A piece or parcel of land 0 - cupied by a principal building or a group of such buildings or utilized for a principal use accessory or incidental to the operation It includes open spaces as required by this ordinance, and has frontage on a public stre t. The lot lines are the property lines boundin the lot. a. Lot, Corner. A lot abutting upon the inte - section of two or more streets which form an interior angle of less than 135 degree. The point of intersection of the street 1 t lines is the "corner." b. Lot, Depth. The mean horizontal distance between the front and rear lot lines. c. Lot Lines. (1) Lot Line, Front. The line separating the lot from the boundary of the high way or right-of-way upon which the 10 abuts. (2) Lot Line, Rear. The lot line opposite and most distant from the front lot 1 i ne . (3) Lot Line, Side. Any lot line other th n a front or rear lot line. A side lot line separating a lot from a street is called a side street lot line. (4) Lot Line, Street or Alley. A lot line separating the lot from a street or alley. d. Lot Width. The mean width of the lot meas ured at right angles to its depth. e. Lot Area. The computed area contained within the lot lines. 3.241 Mobile Home. Any vehicle or combination ther - of. used, designed for use, or capable of being used as sleeping or living quarters, either propelled by its own power or the power of another vehicle to which it may be attached, or any such vehicle after the whee s are removed. Any addition to such mobile hom s shall, for the purposes of this ordinance, b deemed to be a part of such mobile home. 3.242 Mobile Home Court. A parcel of land planned and improved for the placement of three or more mobile homes for continuous occupancy. 3.243 Mobile Home Lot. A designated site within a mobile home court for the exclusive use of the occupants of a single mobile home. /I 3.244 3.245 3.246 3.247 Motels, Motor Courts and Motor Hotels. A ser ies of dwelling structures, for rental purpo es where each unit has convenient access to parking space for the unit's occupants. The units, with the exception of the manager or caretaker, are designed to provide sleeping accommodations for automobile transients. Nonconforming Lot. A zone lot in single owne - ship adjacent on all sides to properties in different ownership, which does not conform with the minimum dimensions specified for th district or for the use contained upon the lot. Nonconforming Use. A building, structure or premises legally existing and/or used at the time of adoption of this ordinance, which does not conform with the use regulations of the district in which it is located. Office BUildin}. A building comprised of mor than fifty (50 per cent of offices, as com- pared with home occupations where offices ar considered as a secondary or incidental use. 3.248 Parking Area, Private. An open area for all he same uses as a private parking garage, and subject to the same conditions. 3.249 Parking Area, Public. An open area, other th n a street or other public way, used for the parking of automobiles,and available to the public. 3.250 Permitted Use. Any use requiring no special action by the Board of Appeals or the Planni g Board before a zoning permit is granted by the Zoning Inspector, subject to all other applicable provisions of this ordinance. 3.251 Planning Board. The Town Planning Board of the Town of Queensbury. 3.252 Residential Street. A street connecting two parallel streets upon which an R District abuts, or where 50 per cent or more of the abutting street frontage is in predominantly residential use. 3.253 Right-of-Way. The parcel of land in public ownership open to the public for vehicular or pedestrian access. " " . 3.254 ~. A "SignU is a name, identification, de - crrption, display, or illustration which is affixed to, or painted, or represented dir- ectly or indirectly upon a building, structure, or piece of land and which directs attention to an object, product, place, activity, per- son, institution, organization or business. 3.255 ~n, Flashing. An illuminated sign which re- VOlves, or has alternating light or color while in use. 3.256 Special Exception Use. A Special Exception U e is a use which because of its unique char- acteristics requires individual consideratio in each case by the Board of Appeals and the Planning Board before it may be permitted in the district enumerated in the Schedule of Regulations. 3.257 Story. The portion of a building included be - ween the surfaces of any floor and the floor above it. If there is not a floor above it, then the space between the floor and the cei - ing next above it. a. Story, Half - a partial story under a gab e. hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than four feet above the floor of such story. Any partial story used for residence pur- poses, other than for a janitor and his family, shall be deemed a full story. b. Story First - The lowest story or the ground story of any building, the floor 0 which is not more than 12 inches below th average contact ground level at the exter ior walls of the building. Any basement 0 cellar used for residence purposes other than for a janitor'or caretaker or his family, shall be deemed the first story. 3.258 Street. A public way which affords the prin- cipal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road and any other thor- oughfare except an alley. 3.259 Structure. Anything constructed which requ1r s a permanent location on the ground, or an attachment thereto. It includes stationary and portable car ports. 3.260 Town Board. The governing body of the Town 0 Queensbury. 3.261 Yard. An open space of uniform width and dePth, lying between a building or group of buildings, on the same lot and the nearest lot line. It is unoccupied and unobstructed from the ground upward except as otherwise permitted. . a. Yard, Front - An open space extending the full width of the lot between a building and the front lot line. b. Yard, Rear - An open space extending the full width of the lot between a building and the rear lot line. c. Yardl Side - An open space extending from the ront yard to the rear yard between a building and the nearest side lot line. 3.262 Zoning Ins~ector. The administrative officia charged wi h the duty of enforcing the provi ions of this ordinance. ARTICLE 4 DISTRICT REGULATIONS Section 4.100 SCHEDULE OF REGULATIONS Ten districts are hereby established in this Zoning Ordinance for the Town of Queensbury. Within these districts, no premise, lot, bui1dtng or structure shall be used, and no building or structure shall be erected or altered to be used in whole or in part unless it complies with the following regulations, and with the Schedule of Regulations attached to the back of this ordinance. Section 4.200 REGULATIONS GOVERNING SPECIAL USES IN THE VARIOUS DISTRICTS Special Uses, as enumerated in the Schedule of Regul - tions, shall be permitted only upon authorization by the Board of Appeals pursuant to the review by the Planning Board, provided that such uses shall be fou d by the Board of Appeals to comply with the following requirements or other applicable requirements as set forth in this ordinance. I, , A Special Use shall not cause substantial injury to the value of other property where it is to be locate shall be compatible with adjoining development; shal provide adequate landscaping and screening; shall provide off-street parking and loading so as to mini mize interference with traffic on the local streets and shall not jeopardize the public health, safety, welfare and convenience. The following regulations shall apply to Special Use which are authorized by The Board of Appeals. 4.201 GYfding Principles and Standards. a. The use should be one specifically enumerat d as a Special Use in the district within whi h such particular site is located. b. For every Special Use, the Board of Appeals shall make a specific finding, supported by evidence produced at a public hearing in a manner provided by law, that such use will not be prejudicial to the character of the area. c. For every such Special Use, the Board of Ap peals shall determine that there is approp- riate provision for access facilities ade- quate for the estimated traffic from public streets and pedestrian walkways so as to insure public safety and to avoid traffic congestion. d. For every Special Use, the Board of Appeals shall determine that there are fully adequa e parking areas and off-street loading spaces in conformity with the proposed parking re- quirements of this ordinance and all other related ordinances. e. For every Special Use, the Board of Appeals shall require suitable planting or screenin . " I f. Such Special Uses including planned commerc al and industrial development groups which wou d permit two or more principal structures on he same district lot shall be arranged so as t permit diversification in the location of buildings and to improve circulation facilit- ies and other site qualities while maintaint ing adequate standards for public health, safety, welfare and convenience. g. Such Special Uses shall be permitted by the Board of Appeals only if they are of the sa e general character as, or will not be injur- ious to, the surrounding neighborhood or district. 4.202 Re ulations Governin Certain S ecial Exce tio Uses a. Retail Uses in Industrial Zone. Such uses shall be permitted only where the applicant can prove to the Board of Appeals that such use is necessary to serve primarily industr al uses in the vicinity. b. Facilities, Marin s an oc s. ese uses s a con orm to t e yard and lot requirements as established fo other than residential uses in the respect- ive district when occurring as a principal use on a lot or within one hundred (100) feet of the lot frontage. When occurring a an auxiliary use to an already established dwelling, such use need not observe said ya d and lot requirements providing the followin conditions are met: 1) The use can occur on the rear one-half 0 the lot without distracting from the re- quirements of yard and lot area for a re sidential structure. 2) No structure is nearer to any side lot line than five (5) feet. 3) No structure is nearer to any existing dwelling than fifty (50) feet. 4.203 R!gulatlons Governing Planned Large Scale De- velopment Groups. a. Under the standard provisions of this ordi- nance a separate ground area, referred to i the ordinance as a zone lot, must be design - ted, provided and continuously maintained for each structure or use. Pursuant to the procedure hereinafter set forth, two or mor such structures may be erected and maintain d on the same zone lot. Also, several zone 10 s may be combined into one special plan cover ing a planned development group. The proced ure is intended to permit diversification i the location of structures and to improve circulation facilities and other site qual- ities while ensuring adequate standards re- lating to public health, safety, welfare an convenience in the use and occupancy of buildings and facilities in planned groups. '/ b. Standards for Reviewing Planned Large Scale Dev~ment Groups. In reviewing all applications for large-scale developments, which require some deviation r from the strict application of this ordinance, the Board of Appeals and the Planning Boardl shall consider the general development planl of the proposed project. The development I plan shall show the proposed use or uses, i dimensions and locations of proposed structt ures and areas to be reserved for vehicular and pedestrian circulation, parking, public uses such as schools and playgrounds, land- scaping, and other open spaces. Both Boards shall review architectural drawings, and sketches demonstrating the design and char- acter of the proposed uses and the physical relationship of the uses, and such other pertinent information as may be necessary t a determination that the contemplated arran e- ment or use makes it desirable to deviate f om the requirements of this ordinance. The Board of Appeals and the Planning Board sha 1 review such plans to determine that the fol lowing is provided for: 1) Standards for Reviewing Planned Large Scale Residential Development Groups. Development standards for planned resid- ential development groups are presented in Section 6.900 in which standards for both planned residential development groups and multiple-family dwelling is presented. 2) (a) Exterior walls of opposite buildings shall be located no closer than a di · tance equal to the height of the tal er buildtng. (b) A building group may not be so arran ed that any permanently or temporarily occupied building is inaccessible to emergency vehicles. 3) Circulation (a) There shall be an adequate, safe and convenient arrangement of pedestrian circulation facilities, roadways,dri e- ways, off-street parking and loading space. (b) There shall be an adequate amount, i a suitable location,of pedestriaa wa ks malls and landscaped spaces to preve t pedestrian use of vehicular ways and parking spaces and to separate pedes trian walks, malls and public trans- portation loading places from genera vehicular circulation facilities. II II I (c) Buildings and vehicular circula-. tion open spaces shall be arrangtd so that pedestrians moving betwe n buildings are not unnecessarily exposed to vehicular traffic. I I 4) Paving and Drainale. There shall be I adequate design 0 grades, paving, I gutters, drainage and treatment of , turf to handle storm waters, preventj erosion and formation of dust. I 5) Signs and Lilhting. Signs and 1ighti 9 devices shal be properly arranged with respect to traffic control de- vices and shielded away from adjacen residential districts. 6) Justification for Exception. Except- ions which may be required from the strict application of this ordinance shall be solely for the purpose of promoting an integrated site plan no less beneficial to the residents or occupants of such development as wel as of neighboring properties than would be obtained under the normal r - quirements of this ordinance. 4.204 Regulations Governing Certain Amusement Uses a. CGuntry Club (1) In R District where permitted, n building shall be located within fifty (50) feet of any property line. (2) In R Districts where permitted, there may be included retail sal s for guests only. (3) Unenclosed recreational faciliti s shall be located not less than fifty (50) feet from any propert line except where greater distan es are otherwise required herein an shall be effectively screened fr m obtaining dwelling uses. (4) Illuminated signs and other ligh s shall be directed away, or shiel - ed from adjoining residential properties in such a way as not to disturb the occupants thereof. (5) No public address system shall b used except by securing a permit from Zoning Officer prior to use and no permanent public address system is permitted except where such system will not be audible at any property line. j " ;j II 'I h ii ,. II I' Ii p :i il II Ii ;, I' I I I b. Outdoor Recreation Facilities (b) May be erected only in the rear yard of such structure and shall be distant not les than 20 feet from the front and rear lot lines nor less than 10 feet from any side yard, principal structure or accessory structure attached thereto. (c) Such use shall be landscaped (d) Such use shall not adversely affect the character of any residential neighborhood. (e) All private swimming pools shall be enclosed by a perma ent fence of durable materia at least four (4) feet in height. 4.205 Regulations Governing Certain Community Facility Uses. It li i I I I ,I I Ii a. ( 1 ) . i Such uses shall lnclude qolf cour- ses, ice-skating rinks, swimmingi pools, tennis courts and ski i slopes. : I Except as otherwise provided her~in, such uses shall be in accordancel with subsection 4.204a above. ' i Private swimming pools, permanent and portable, which shall be aC-1 cessory to a principal, noncomme - cial dwelling use shall be regul - ted as follows: except that thes regulations shall not apply to portable swimming pools which shall be not more than three fee in height nor more than 15 feet n length. (a) May be erected only on the same zone lot as the princip~ al structure. ( 2 ) ( 3 ) Social anizatio s an All buildings shall be a minimum of twenty (20) feet from any pro perty line, except where greater distances are otherwise required herein. (2) In R Districts where permitted, there may be included retail sal s for guests only. (1) 3) All applications for such uses in R-Districts shall demonstrate to the satisfaction of the Board of Appeals that the proposed use wi1 serve primarily the residents of he surrounding neighborhood and that said use cannot satisfactorily be located elsewhere to serve said neighborhood. b. Essential Services, Enclosed or Perm n~E ent tructures 1) Public Utility Services. Such use shall include electric substation, transformers, switches, and auxil iary apparatus serving a distribu - ion area, and water pumping stati n in R-Districts and shall be subje t to the following regulations: (a) Such facility shall not be 10 a- ted on a residential street (unless no other site is avai - able), and shall be so locate as to draw a minimum of vehi- cular traffic to and through such streets. (b) Location, design and operatio of such facility may not ad- versely affect the character f the surrounding residential area. (c) Adequate fences, barriers and other safety devices shall be provided, and shall be land- scaped. c. Essential Services, Open Such uses shall be limited to the erection, construction, alteration, or maintenance, by public utilities or municipal or other governmental agencies, of underground or overhead gas, electrical, steam or water tran - mission or distribution systems, col lection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipmen and accessories in connection there- with reasonably necessary for the furnishing of adequate service by su h public utilities or municipal or oth r governmental agencies or for the pub- lic health or safety or general wel- fare, but not including buildings. Where applicable, area shall be ade- quately landscaped. d. Such uses shall be situated on a one lot of not less than the minimum ot size required in the district, ex cept where a greater area is othe - wise required herein and shall be landscaped. ARTICLE 5 SUPPLEMENTARY LOT, HEIGHT AND YARD REGULATIONS 5.101 Section 5.100 LOT REGULATIONS 5.102 II I Lot Frontage. The minimum lot frontage of any lot shall be measured along the road right-of- way, but in no instance shall the frontage be less than that required for the district at th front building line, except on cul de sac road where the frontage shall be measured at the front building lines. Corner Lots. At all street intersections, no 0 - struction to vision (other than an existing building, post, column or tree) exceeding 30 inches in height above the established grade 0 the street at the property line shall be erect d or maintained on any lot within the triangle formed by the street lot lines of such lot and a line drawn between points along such street lot lines 50 feet distant from their point of intersection. 5.103 Required Area or Space Cannot be Reduced. The area or dimension of any lot, yard, parking area or other space shall not be reduced to less than the minimum required by this ordinan e; and, if already less than the minimum required by this ordinance, said area or dimension may be continued and shall not be further reduced. 5.104 a. Minimum Lot Size. Lots to be developed with private water supply and sewage disposal systems or private sewage disposal systems may require larger lot sizes and lot widths than are specified in the previous section owing to unusual subsoil or geological con- ditions found to exist on the particular 10 cation in question. In such cases. the min imum lot area otherwise required shall be i - creased where necessary to the extent requi - ed to allow the proposed water and/or sewag installation to operate effectively in orde to protect the public health,safety and we1 fare. Detailed plans for such water and/or sewage systems shall be submitted to the Zoning Officer and approved by him before a building permit shall be issued. Section 5.200 HEIGHT REGULATIONS 5.201 General Application. No building or structure shall have a greater number of stories or greater number of feet than are permitted in the district where such building is located. 5.202 Permitted Exceptions. Height limitations stip- ulated elsewhere in this ordinance shall not apply to open amusement uses, church spires, belfries, cupolas and domes, monuments, water towers, chimneys, smokestacks, flag poles, rad 0 and television towers, masts and aerials; or t parapet walls, except that no parapet wall may extend more than four (4) feet above the limit ing limit of the particular district, or to farm buildings or structures on farms, provide these farm buildings are not less than forty (40) feet from every lot line. Section 5.300 YARD REGULATIONS i, 5.301 Side Yard of Corner Lot. Any corner lot delin- eated by subdivision after the adoption of thi ordinance shall provide a side street setback line which shall not be less than the minimum front yard required on any adjoining lot front ing on the side street. 5.302 Projections into Required Yards. Certain archi tectural features may project into required yards, as follows: a. Cornices, canopies, eaves or other similar architectural features may project into sid yards; not exceeding 5 feet. b. Fire escapes may project into side and rear yards a distance not exceeding four (4) fee. c. Bay windows, balconies, fire places, uncove - ed stairways and necessary landings, and chimneys. d. Terraces and open porches may be located in side and rear yards; not exceeding 5 feet. Additional Yards ReAuired Where C and MUses Abut R Districts. 11 uses permitted in C or M districts, which abut, at the lot line, or 0 the same street, an R District, shall provide yards, where they abut, at least fifty (50) fe t from the R-district zone boundary which it abu s. 5.303 5.304 Front Yard of Corner Lot. The front yard of an corner lot shall be established on the wider 0 the two (2) streets abutting said lot, except where the widths of the two (2) abutting stree s are equal, then the front yard may be estab- lished on either street. II I'section 5.400 ACCESSORY STRUCTURES I ! i I 11 5.401 Minimum Yard Regulations 1i il II II II Ii I, i! I II 'i '1 r I " " !I :1 I, Ii I: ji I! Ii Secti on II II Ii ;! I' II I Ii I' ,I II , a. Unattached Accessory Structures in R Dis- tricts. Accessory structures, which are not attached to a principal structure, may be erected in accordance with the following re strictions. 1) No accessory structure is located closer than five (5) feet to the side and rear lot lines. 2) No accessory structure is located closer to the street than the required set back line of the principal structure. 3) No accessory structure is located closer to a principal structure than ten (10) feet. b. Attached Accessor Structures in R-District . en an accessory structure lS attac e to the principal building, it shall comply in all respects with the requirements of this ordinance applicable to the principal build ings. c. Accessory Structures in Other Districts. Ac cessory structures shall comply with front and side yard requirements for the principa structure to which they are accessory, and shall not be closer to any rear property line than ten (10) feet. 5.500 MISCELLANEOUS REGULATIONS If-I ~ Existing Zone Lots of Record. In any R-Distric , only a single-family detached dwelling may be erected on a nonconforming zone lot of officia record at the effective date of this ordinance irrespective of its area or width, the owner of which does not own any adjoining property which would create a conforming lot if all or part of said property were combined with sub- ject zone lot, provided, however, that no lot or lots in single ownership shall hereafter be reduced so as to create one (1) or more non- conforming lots. 5.501 5.502 :i iI II II II 5.503 II I: I, Ii I' P l; ,. Ii q II " II Uses to be Enclosed. All C-l and M-l uses shal ~conducted wholly within a completely enclos d building except for off-street parking and loading facilities, new and used car lots, ser vice stations, terminals, storage yards and similar uses. Unenclosed M-l Uses. All M-l uses which are no conducted'wholly within a completely enclosed building shall be not less than one hundred (100) feet distant from any R District. 5.504 Minimum Habitable Dwelling Space. a. one-Famil, Dwelling Structures. Each Dwelli g unit shal provide a minimum floor area in accordance with the Schedule of Regulations b. Multi-Family Dwelling Structures. Each dwel - ing structure shall provide a total habit- able dwelling space of not less than 600 square feet per dwelling unit. c. Habitable Dwelling Space, Measurement of. Habitable dwelling space shall be measured from the wall exteriors. Finished and heate attic space with ceiling height of 7 feet 0 more and sloping to a height at the eaves 0 not less than 4 feet from the floor to the underside of the rafters may be counted as habitable dwelling space. The floor of a basement or cellar, garage, porch or simila part of or attachment to a dwelling shall not be counted as habitable dwelling space. 5.505 Uses a. Accessor Uses, Motor Vehicle Re motor ve c e repa r s op s a e permitted as an accessory use in a C-l Comm re" cial District. In a C-2 Commercial District a motor vehicle repair shop shall not be pe - mitted as an accessory use unless the plans for such accessory use shall have been sub- mitted to the Board of Appeals and the ap- proval of the Board obtained. The Board of Appeals in passing upon the request of ap- proval may consider the type of machinery and equipment to be used and the methods of operation to be employed. b. Garages and Filling Stations. In a C-l,C-2 or C-3 District or in an M-l or M-2 Manufac - uring District, plans for the erection or structural alteration of any garage for mor than five motor vehicles, or of a filling station, shall be approved by the Board of Appeals. Said Board may require such chang therein in relation to yards, locations of pumps and buildings and construction of buildings to minimize traffic difficulties and to safeguard adjacent properties. c. Stripping of Top Soil. Except in the R-l Di - trict, no person, firm or corporation shall strip, excavate or otherwise remove top soi for sale, or for use other than on the pre- mises for which the same shall be taken ex- cept in connection with the construction or alteration of a building on such premises and excavation or grading incidental theret . d. Natural Production Uses. There may be permi - ted in any district except R-3,R-4 and Comm r- cial Districts, on approval of the Board of Appeals as provided for in this ordinance, the excavation and sale of sand, grave1,cla , shale or other natural miner deposit{except top soil), or the quarrying of any kind of rock formation subject to the following conditions: H i' i. 5.506 5.507 (1) In the case of any open excavation there shall be a substantial fence with suitable gates completely enclosing the portion of the property in which the excavation is 10 cated,and such fence shall be locate-d-.'at all points 40 feet or more distant from th edge of such excavation. (2) The slope of the material in such sand, gravel, or other pit shall not exceed the normal angle of repose of such material, and the plane of such angle of repose shal notc~me near~r than 40 feet to any proper y line. (3) In the Case of a quarry or other excavatio of rock, there shall be a substantial fenc , with suitable gates in all points distant 40 feet or more from the face of any quarr walls. (4) A plan for the manner in which the natural resource is to be extracted shall be prepa ed for the area of operation. This plan shall indicate the method and staging of such an operation so as .to permit the extraction t occur in a logical manner and showing how each stage is reclaimed after the completi n of operation. A special use permit shall be issued for only two stages of the opera tion. At the termination of each stage it shall be recl~imed as per the approved pla and no new permit shall be issued until th operator has complied with this provision. (5) No excavation below the water table shall be permitted. e. Camps in Residence Districts. Temporary permit for a camp for a period not exceeding one year may be granted in any residence district on ap proval of the Board of Appeals as provided for in this ordinance, subject to the following: All provisions of the sanitary code or suc other regulations of the State Health Depa t- ment pertaining to camps and the sanitary facilities to be provided are complied wit. Frontage Upon a Public Street. Every principal building s"all be built upon a lot with front- age upon a public street improved to meet the standards of the community. ( 1 ) Lot for Ever, Reside~tial Buildin~. Every re- sidential bu lding hereafter erec ed shall be located on a lot as herein defined and there shall be not more than. one residential bulldin on one lot, except a$specifically permitted elsewhere in the ordinance. If a piece of pro perty contains more than one lot, each lot mus meet the requirements of this ordinance. ARTICLE 6 GENERAL REGULATIONS Section 6.100 APPLICATION OF REGULATIONS No building shall hereafter be erected and no existi 9 building shall be moved, structurally altered,added 0 or enlarged, or rebuilt, nor shall any land be desig _ ed, used or intended to be used for any purpose othe than those included among the uses listed as permitt d uses in each district by this ordinance and meeting the requirements as set forth by the Schedule append d hereto and constituting a part of this ordinance. No shall any open space contiguous to any building be encroached upon or reduced in any manner, except in conformity to the yard, lot area, building location, percentage of lot coverage, off-street parking space and such other regulations designated in said Schedu e and this ordinance for the district in which such building or space is located. In the event of any such unlawful encroachment or reduction, such buildi g shall be deemed to be in vt61ation of the provisions of this ordinance and the certificate of occupancy for such building shall thereupon become null and void. Section 6.200 GENERAL REGULATIONS I . il The provisions of this ordinance shall be subject to such exceptions, additions or modifications as herei provided by the following general supplementary regulations. 6.201 Frontage Upon a Public Street. Every principal building shall be built upon a lot with fronta e upon a public street improved to meet the stan _ ards of the Town of Queensbury. Lot for Ever~ Residential Building. Every resi _ ential buildlng hereafter erected shall be lo- cated on a lot as herein defined and there sha be not more than one residential building on one lot, except as specifically permitted else where in the ordinance. If more than one lot is located on a piece of property, each lot must meet the requirements of this ordinance. Pro,ision of Yard or Other Open Space. No yar or other open space provided about any buildin for the purpose of complying with the provisio of the ordinance shall be considered as provid a yard or open space for any other building, a no yard or other open space on another lot sha be considered as providing a yard or open spac for a building on any other lot. Lot Frontage and Traffic Plan. Where a buildin lot has frontage upon a street which on the Traffic Plan or Official Map of the Town of Queensbury is designated for right-of-way wide _ ing, the required front yard area shall be mea - ured from such proposed future right-of-way line. 6.202 6.203 6.204 / 'I I' Section 6.300 RESIDENTIAL AND RESIDENCE-RELATED COMMERCIAL USES 6.301 Mote1s,Motor Courts,Motor Hotels and Similar Us s a. Such uses shall have a minimum area for each unit of occupancy of 200 square feet and sha 1 include a minimum of one (1) bedroom and a shower or bathroom with toilet. b. Such uses may include retail sales for guest only. c. Illuminated signs and other lights shall be directed away from or shielded from adjoinin residential properties in such a way as not 0 disturb the occupants thereof. 6.302 Seasonal Dwelling Units Such uses in any R-District (lakefront) or (riv r- front) shall be in accordance with subsection 6.301, except as hereinafter provided: a. There shall be not more than one such unit 0 any single zone lot. b. No seasonal dwelling structure shall be near r, one to the other, than twenty-five (25) feet. c. Each such unit shall contain a habitable area of not less than four hundred (400) square feet. d. In addition to the rooms required in subsect'on 6.301 a, each unit shall include eating and cooking facilities Section 6.400 RETAIL USES 6.401 Bakeries. Bakeries first permitted in any C-2 0 C-3 District shall be located no closer to an R-District than fifty (50) feet. 6.402 Retail Sales for Guests Only. Where such uses permitted, the following shall apply: a. There shall be no external evidence of any g in ful activity, however incidental, nor any ac cess to any space used for gainful activity, other than from within the building. b. There shall be no harm to adjoining existing or potential residential development due to excessive traffic generation or noise or oth r circumstances. 6.403 Retail Uses in M-l and M-2 District. Such uses shall be permitted only where the applicant proves that such use is or will be necessary to serve manufacturing uses and will not adversely affect the industrial development of adjoining land. Where such uses are permitted,the mini- mum lot size requirement shall be 20,000 square feet. Section 6.500 MANUFACTURING USES Manufacturing uses in any M-l or M-2 District shall, when abutting a residential use in an R-District, be screened from such use by the provision of adequate landscaping measures. Section 6.600 SERVICES, AUTOMOTIVE 6.601 Off-Street Parking. In all districts, in conne t- ion with every manufacturing,business,institut ional,recreational,residential or any other us , there shall be provided, at the time any build ing or structure is erected or is enlarged or increased in capacity, off-street parking spac s open to the public at no charge for automobile in accordance with the requirements set forth herein. a. Size and AccessC Each off-street parking sp ce shall have an area of not less than two hun dred (200) square feet, exclusive of access drives or aisles, and shall be of usable shape and condition. Except in the case of dwellings, no parking area provided hereund r shall be established for less than three (3 spaces. There shall be adequate provisions for in- gress and egress to all parking spaces. Ac- cess to off-street parking areas shall be limited to several well-defined locations a d in no case shall there be permitted unres- tricted access along the length of the stre t or alley upon which the parking area abuts. b. Number of Parking Spaces Required. The num- oer of off-street parking spaces required shall be as set forth in Table I in accorda ce with the definition of "floor area" as set forth in the definitions hereof. In the case of any building, structure or, premises, the use of which is not specifica ly mentioned herein, the provisions for a use which is so mentioned and to which said use is similar, in the opinion of the Board of Appeals shall apply. USES TABLE I OfF-STREET PARKING REQUIREMENTS MINIMUM RE UIRED PARKING SPACES 1. Churches and Schools 1 for each 3.5 seats in an auditoriu or 1 for each 17 classroom seats; whichever is greater. 1 for each 200 sq. ft. of floor area 2. Community Buildings,and Social Halls 3. Country Clubs,Golf Courses 20 plus 1 for each 200 sq.ft. of flo r area occupied by all principal and accessory structures, except those used for parking purposes. 4. Motels 5. Funeral Homes,Mortuaries 6. Hospital,Nursing and Convalescing Homes 7. Hotels,Rooming Houses, Dormitories,Tourist Home, and Guest Home 8. Manufacturing Plants, Research or Testing Lab- oratories,Bottling Plants 9. Medical or Dental Clinics, and/or Professional Offices 10. Restaurants,Beer Parlors and Night Clubs 11. Retail Stores,Store Groups Shops,etc. in a C-l Dis- trict 12. Wholesale Establishments or Warehouses 1 for each family or dwelling unit 10 for each parlor. 1 for each 3 beds, plus 1 for each employee on maximum working shift. 1 for each bedroom 1 for each 1,000 sq.ft. of floor area,plus 1 for each 4 employees in the maximum working shift; the total parking area shall be not less than 25 per cent of the build ing floor area. 6 spaces for each doctor or dentis and 3 spaces for each professional employee in professional offices 1 for each 2.5 seats 1 for each 200 sq. ft. of floor area where the floor area shall ex ceed 1,000 sq. ft. 1 for each 2 employees in maximum shift; the total parking area shal be not less than 25 per cent of th building floor area 1 for each dwelling unit. 5 for each alley 5 spaces 13. Dwellings 14. Bowling Alley 15. Roadside Stand for Sale of F.a rm Products c. Off-Site Facilities. All permitted and required accessory off-street parking spaces, open or enclosed, shall be located on the same zone lot as the use to which such spaces are accessory, except that such spaces may be provided else- where but shall be provided within a radius of no greater distance than 250 feet from that zone lot, and provided further that required spaces are provided off the site in accordance with the provisions set forth herein and that such spaces shall be in the same ownership as the use to which they are accessory and shall be subject to deed restrictions filed in an office of record, binding the owner and his heirs and/or assignees to maintain the requ~red number of spaces available throughout the llfe of such use, and such spaces shall conform to all regulations of the district in which they are located. It Ii Uses 6.602 Off-Street Loading. In any district, in connec tlon with every bui1ding,or building group or part thereof hereafter erected which is to be occupied by manufacturing,or commercial uses 0 distribution by vehicles of material or mercha d- ise~ there shall be provided and maintained, on the same zone lot with such building, off- street loading berths in accordance with the requirement of TABLE II following. a. Size and Location. Each loading space shall be not less than ten (10) feet in width, sixty (60) feet in length, and fourteen (14 feet in height, and may occupy all or any part of any required yard, except where lo- cated adjacent to any R District,where they shall be set back a minimum of twenty (20) feet from such property line. TABLE II OFF-STREET LOADING REQUIREMENTS Square Feet of Floor Area 1. Schools 2. Hospitals (in addition to space for ambu- lances) j, 3. Undertakers and I Funeral Parlors 4. Hotels and Offices 5. Retail, Commer- cia1,Who1esa1e, Manufacturing, Storage, and Mis- cellaneous 6.603 6.604 15,000 or more 1 From 10,000 - 30,000 1 For each additional 30,000 or major frac- tion thereof 1 additional 5,000 1 For each additional 5,000 or major fraction thereof 1 additional From 10,000 or more 1 From o - 25,000 1 From 25,001 - 40,000 2 From 40,001 - 60,000 3 From 60,001 - 100,000 4 For each additional 50,000 or major fraction the reof 1 additional Jo~nt Facilities for parkin, or Loading. Off- street parking and loading acilities for se- parate uses may be provided jointly if the tot 1 number of spaces so provided is not less than the sum of the separate requirements for each use and provided that all regulations governin the location of accessory spaces in relation t the use served are adhered to. Further, no accessory space or portion thereof shall serve as a required space for more than one use unle s otherwise approved by the Board of Appeals in accordance with the purposes and procedures se forth herein. Deve10 ment and Maintenance of Parkin and Loa _ ing Areas. Every parce of and hereafter use as a public or private parking area or loading area including a commercial parking lot, shall be developed and maintained in accordance with the following requirements: ~ I' a. Screening and Landsc~~. Off-Street parki 9 areas for more than five (5) vehicles and all unloading areas shall be effectively screened on each side which adjoins or face premises situated in any R-District, or in- stitutional premises, by a fence or hedge. Such fence or hedge shall be not less than five (5) feet or more than six (6) feet in height and shall be maintained in good con- dition without any advertising thereon. Any space between such fence or hedge and the side lot line adjoining premises, or the front lot line facing premises, in any R- District shall be landscaped with grass, hardy shrubs or evergreen ground cover and maintained in good condition. However, no fence or hedge shall be required where the same will affect sight distance at intersec - ion to the extent of creating traffic hazar s. b. Minimum Distances and Setbacks. No off-stre t loading area or parking area or part thereo for more than five (5) vehicles shall be closer than twenty (20) feet to any R-Distr ct school, hospital or other institution for human care located on an adjoining lot. If not in an R-District, but adjoining such di - trict, the parking area shall not be locate within five (5) feet from the established street right-of-way line within fifty (50) feet of any R-District. c. Surfacing. Any off-street parking or 10adin area for 5 or more vehicles shall be surfac d with an asphaltic or Portland cement binder crushed stone, pavement or similar durable and dustless surface which shall be so grad d and drained as to dispose of all surface water accumulated within the area, and shal be so arranged and marked as to provide for thl orderly and safe loading, parking and stora e of vehicles. d. Lighting. Any lighting used to illuminate a y off-street parking or loading areas shall b so arranged as to reflect the light away fr m the adjoining premises in any R-District. 6.605 Service Stations,Parkin and Parkin L ts a. Location of Exits and Entrances. No gasolin filling station, parking area for five (5) or more motor vehicles, parking garage, aut - mobile repair shop, or any vehicular access thereto, shall be located within two hundre (200) feet of the following uses if the property is owned or dedicated to such uses is located along the same street and on the same block; Schools, playgrounds, churches, hospitals, public libraries, and institutions for de- pendents or for children; Vehicular access to the above automotive uses shall not be closer to the intersectio of any two (2) street lot lines than fifty (50) feet, nor shall any such use be locate within fifty (50) feet of any boundary line of any R District II b. Location of Appliances or Pits. No gasoline filling station or parking garage shall be permitted where any gasoline or oil pump, or oil draining pit or visible appliance fa any such purpose is located within twenty (20) feet of any street lot line, except where such appliance or pit is within a building. Section 6.700 SERVICES, GENERAL 6.701 Animal Hospitals, Kennels, and Pounds. No such use shall be located closer than five hundred (500) feet to any R District, restaurant, or hotel, in any district where permitted and sha 1 show that adequate measures and controls shall be taken to prevent offensive noise, smoke, and odor. Section 6.800 MISCELLANEOUS USES 6.801 Conversions, Year-Round Dwellings. No conversi ns shall be permitted except that a single-family dwelling structure may be converted to a two- family dwelling structure, provided that: a. It shall be evidenced that if such structur has physically deteriorated, the same will be restored to a decent and safe condition if permission for conversion is granted. b. There shall be no structural alteration, ex cept windows and doors, which will alter the exterior of any structure to appear as other than a single-family structure. c. Where such conversion is undertaken there shall be provided on the same zone lot at least two (2) parking spaces. d. Such structure shall contain not less than 1,600 square feet of living space and no dwelling unit there shall contain less than 750 $'quare feet of living space. ' e. Such structure shall not be located on a 10 containing less lot area than is required i the District in which it is located. 6.802 Seasonal Dwelling Unit Conversions a. Occupancy Permits for Existin, Units. Withi 90 days of the adoption of th s ordinance a complete list of all seasonal dwelling unit in the Town of Queensbury shall be compiled by the Zoning Inspector. The Zoning Inspect r shall forthwith issue a certificate of occu - ancy for each seasonal dwelling unit statin that the building for which the certificate of occupancy is issued shall be used only 0 a seasonal basis. No dwelling unit for whic a seasonal occupancy permit has been issued shall be used for year-round occupancy ex- cept as otherwise provided herein. ~ 6.803 b. occu~ancy Permits for Conversions to Year- Roun Occupancy. The conversion to Year- round occupancy of any seasonal dwelling fa) which a permit shall have been issued for seasonal occupancy shall be subject to the following requirements: 1. The owner of such property shall apply t~ the Zoning Inspector for a certificate of year-round occupancy. Such application shall be accompanied by a floor plan of subject dwelling as it exists and as pro posed subsequent to conversion. 2. It shall be the objective of the Zoning Inspector to discourage the conversion 0 existing dwellings originally designed f r seasonal occupancy where such conversion is likely to effect unsafe or unsanitary living conditions, overcrowding of famil es and lack of privacy within any dwelling unit which shall be so converted. In considering and approving such applic - tion, it shall be the primary concern of the Zoning Inspector to preserve the pub ic health, safety and welfare. To this end, the approval of any such application sha 1 include appropriate conditions and safe- guards in harmony with the general purpo e and intent of this ordinance and particu larly with regard to the following: (a) Safe and adequate ingress and egress (b) Minimumum habitable floor area of 80 square feet. (c) Adequate construction to provide suf ficient protection from the elements (d) Proper installation of heating, plum - ing, water. sewerage and lighting fa - i1ities in accordance with appropria e municipal codes for new construction (e) Provision of at least one (1) off- street parking space per dwelling. Home occu,ations. Home occupations shall be an incidenta use of a dwelling unit permitted only to residents of the building, who may not employ more than two additional persons. The following additional conditions shall be met: a. Shall be permitted only in a single-family or two-family dwelling unit. b. No external evidence of the home occupation shall be permitted. except for a sign as specified in Section 6.805. c. Shall not generate excessive traffic which will create a nuisance for the surrounding area. ~ " 6.804 Outdoor Storave Areas. Such uses allowable in C and M Distrlct shall not abut existing resid ential development, a residential street or an R-District and the operation thereof shall be governed by the following provisions and any other conditions as may be required by the Boa d of Appeals to protect the public health, safet , comfort, convenience and general welfare and especially with regard to abutting properties and the occupants thereof. a. Inflammable and Explosive Liquids. No highl inflammable or explosive liquids, solids or gases shall be stored in bulk above ground. Tanks or drums of fuel directly connecting with heating device~ or appliances located n the same premises as the tanks or drums of fuel are excluded from this provision. b. Fencing and Setbacks. All outdoor storage f c- ilities shall be enclosed by a fence or wal adequate to conceal such facilities and the contents thereof from adjacent property. Su h walls and fences shall be distant not less than 10 feet from all property lines which abut an R-District or existing residential development, but in any other case shall be distant not less than five (5) feet from an property line and shall be distant not less than ten (10) feet from any public street. c. Deposit of Wastes. No materials or wastes shall be deposited on any premises in such form or manner that they may be transferred off such premises by natural causes or forc s. d. Other Hazardous Materials. All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible by or otherwise be attractive to rodents or insects shall be stored outdoors only in closed containers. 6.805 Signs. Signs may be erected and maintained onl when in compliance with the following provisio s: a. Signs in Residential Districts. The fol10wi g types of non-illuminated, non-advertising signs are permitted in all Residential Dis- tricts as follows: 1. Nameplates and Identification Signs (a) Signs indicating the name or address of the occupants, or a permitted hom occupation, provided that they shall not be larger than two (2) square fe t in area. Only one such sign per dwel ling unit shall be permitted, except in the case of, corner lots where two su h signs (one facing each street) shall be permitted for each dwelling unit. (b) For hotels and for buildings other t an dwellins a single identification sig hot exceeding six (6) square feet in area and indicating only the name an address of the building and the name of the management may be displayed. ,~ n I " provided that on a corner lot two such ign (one facing each street)shall be permit ed. 2. Sale or Rental Signs. TempOrary,Unlightet signs advertising the sale or rental of he premises upon which they are erected by he owner or broker or any person interested, in the sale or rental of such premises, and signs bearing the word "sold" or "rented" with the name of the persons ef fecting the sale or rental may be erecte or maintained, provided: (a) The size of any such sign is not in excess of six (6) square feet; and (b) Not more than two (2) signs are plac d upon any property unless such proper y fronts upon more than one street, in which event two (2) more signs may b erected on each additional frontage. (c) Such signs shall be removed within sixty (6) days of such sale or renta of the property. 3. Institutional Signs. Signs of schools, c 1- leges, churches, hospitals, sanatoria, 0 other institutions of a similar public 0 semipublic nature may be erected and maintained provided: (a) the size of any such sign is not in excess of ten (10) square feet; and (b) Not more than one (1) such sign is placed on a property, unless such property fronts upon more than one street, in which event a sign may be erected on each frontage. 4. Signs Accessory to Parkin~ Areas. Signs e- signating entrances or eXlsts to or from a parking area and limited to two signs for each such exit or entrance and to a maximum size of two (2) square feet each shall be permitted. One sign per parking area designating the conditions of use 0 identity of such parking area and limite to a maximum size of ten (10) square fee shall be permitted, provided that on a corner lot two such signs shall be per- mitted, one facing each street. 5. Development Signs. Signs advertising the S-a~or development of the premises upon which they are erected, when erected in connection with the development of the premises by a builder, contractor, devel p- er, or other persons interested in such sale or development, may be erected and maintained, provided: (a) The size of any sign is not in exces of thirty (30) square feet; and (b) Not more than two (2) signs are plac d upon any development,unless such dev 1- opment fronts upon more than one str etl in which event two (2) such signs ma be erected on each frontage. I (c) Any such sign shall be removed by th! developer within 30 days of the fina sale of property. 6. Directional Si9ns. Signs indicating the j location and dlrection of premises avail able for or in process of development, b t not erected upon such premises, and havi 9 inscribed thereon the name of the owner, developer, builder, or agent, may be ere t- ed and maintained, provided: (a) The size of any such sign is not in excess of ten (10) square feet, and not in excess of five (5) feet in length, and (b) Not more than one such si9n is erect d on each five hundred (500) feet of street frontage. (c) The individual erecting such directi n~ al sign shall remove such sign or signs upon completion of the project 7. Artisans' Signs. Signs of mechanics, paitt- ers, and other artisans may be erected and maintained during the period such pe - sons are performing work on the premises on which such signs are erected,provided (a) The size thereof is not in excess of twelve (12) square feet; and (b) Such signs are removed promptly upon completion of the work. 8. Private Driveways. Signs indicating the private nature of a driveway, or tres- passing signs, provided that the size of any such sign shall not exceed two (2) square feet. 9. Height and Projection of SiQns. No sign in an R-District shall project into the public way or project higher than one story or twenty (20) feet, whichever is lower. b. Signs in C and M Districts. Business signs shall be permitted as follows: 1. Size of Signs. No sign shall have a gros surface area of more than one hundred square feet in any C-2 or C-3 District or more than one hundred and fifty squar feet in any M-l or M-2 District, except that where only one (1) surface of such sign is visible the gross surface area s - all be reduced by fifty (50) per cent. - 'I :' " 11 Ii I' ;\ 'I I: 'I II I: q !i 'I II ii Ii II Ii d I I I I I I II \1 c . II P II II i I I I! H II P I Ii ,J I I I II , I I I ! " Ii I ,I II I , , II II Ii II I' I I I 2. Location of Si~. In any C-,l District ad signs shaTIl5e securely attached to a build- ~ng. Free standing signs sh~ll ~e permitttd ln C-2, C-3, and M-l, M-2 Dlstncts only,! provided that no such sign shall be nearer to any property line than fifty (50) feet: except that standardized identification 1 signs for gasoline stations shall be plac~d not nearer than fifteen (15) feet to any, property line. I 3. Illumination of S~. Flashing signs and: revolving illuminated signs shall be con-I' sidered as a special use permitted in C-21 C-3, M-l and M-2 Districts, provided thatj such signs shall not create any traffic I hazards, or abut or face any residential I property or any residential zone lot. ~ Stationary illuminated signs are permitte in all C and M Districts. , I General Regu1~tions. The following regulatibns shall apply to all permitted siqns: I 1. t1aintenance. Signs must be constructed 01 durable materials, maintained in good I condition and not allowed to become de- I lapidated. I I 2. Projection of Signs. Attached signs shal~ not project from any building more than I three (3) feet in the direction of the I street provided further that no such sigp shall extend over the public street or . publicsidewalk area. 3. Height of Signs. No sign shall be higher than the height limit in the district where such sign is located nor shall any sign be located upon the roof of any building. 4. Building Permits for Si7ns. Building per mits shall be required or all signs exc pt signs provided for in Subsection 6.805 and other accessory residential signs. For signs in the interest of the public information and convenience, the Zoning Inspector upon approval by the Board of Appeals, may issue a temporary permit fo a period to be designated by the said Board, such temporary signs shall be re- moved by the property owner at the termi = ation of any permit for the erection thereof. 5. Fees. No fee shall be charged for any mrr-connected with the erection of a sign necessary to the public welfare .\ II \1 " I! I. ,I Ii II il ~ i Ii II !I II 11 'I \ I I t A temporary tract office any district shall bel located on the property to which it is appur- ! tenant, shall be limited to a six (6) month I period at the expiration of which time the ap-~ plicant may request a further extension of tim . Otherwise, the tract office shall be removed a the expense of the owner. In any case after th~ completion of the tract such temporar~ tract office shall be removed within six (6) weeks. 6.806 Temporary Trac~_~_f.fi c~ \ Such temporary tract office may also be conducl- ed in a building in a housing development as a real estate office for said development. Section 6.900 MULTIPLE DWELLINGS II !: II ~, 6.901 Site Plan Specifications. Application for multi- ple dwellings and planned residential developm nt groups shall require the submission of a site development plan to the appropriate Board. sai Plan ~r Plans as submitted to either the Planning Board or the Board of Appeals are required to show ~ll structures. roadways, pathwalks, park ing treas. recreation areas, utility and exterior lighting installations and landscaping on the site1 all existing structures and usages withi 200 feet of the site boundaries, and any other elements as may be deemed essential by the Planning Board or the Board of Appeals. 6.'02 Plannin Board; Board of A eals A roval. Eve ~ ,Sl e p an su ml t e to e ann ng oar (as a: permi~ted use) and to the Board of Appeals with refe~ral to the Planning Board (special excepti n Use) 1n accordance with the requirements of this @rdinance shall contain such information a d be in such form as either board may prescribe i its ryles. Approval shall not be granted until the site plan has been approved by the Town Engineer and Health Officer concerning the adeq a6 cy of proposed facilities for fire protection, storm drainage waters, water supply, and sewage facilities. Approval of the site plan hereunder bl either the Planning Board or Board of Appeal I~,'l expire one year after the date thereof. i Iw11ding permits have not been obtained for ,Q"struction in accordance therein. lhe site plan for any multiple-family apartment building or group of apartment buildings shall require the approval of a majority of the member of the Planning Board of Board of Appeals prior to the issuance of a building permit by the Zoning Inspector. The Planning Board of Board of Appeals shall render its decision within ninety (90) days from the date of application f r such building permit. In considering and appro - iog site plans. the Planning Board shall take into account the public health. safety. general wllfare. comfort and convenience of the general public and provisions of the master plan. The Planning Board and the Board of Appeals may approve the site plan only subject to appropria e conditions and safeguards in harmony with the g n- era 1 purpose' and intent of thi s ordi nance. Befo e approving the site plan. the Planning Board andt J~'r' Of,' Appeals shall make findings with respe t t. 'he- following: il it Ij 1\ It 'I I. Ii II Ii II I, Ij I Ii I j I I I I I a. Traffic Access. All proposed site traffic a c c es-s- way 5- are a de qua t e, but not e x c e s s i v e in number, adequate in orade, width, align- ment and visibility, and not located within 100 feet of street corners, entrances to schools or places of public assembly and other similar considerations. b. Circulation and Parking. That the interior circulation system is adequate and that all required parking spaces are provided and are easily accessible. d . I II II e . I I I Ii lj c. .Qi.s-.e...o sa 1 0 f Usa b 1 e ..QE. enS pac e. T hat i n a c- cordance with the spirit and intent of this ordinance, wherever possible usable open space is disDosed of in such a way as to insure the safety and welfare of residents. ~rrangement of Buildings. That adequate pro vision has been made for light, air, access and privacy in the arrangement of the build ings to each other. Each dwelling unit shal have a minimum of two (2) exteri6r exposure. ~~p'er Landscapi~. That the oroposed site I 1S properly landscaped, the purpose of whic is to further enhance the natural qualities of the land. Where adjacent land use dictats, proper screening and buffer zones may be rei quired. No certificate of occupancy shall be issued for any such building or building, unless the same conforms in all respects to such site plan and unless all facilities I included in the site plan have been in ac- cordance therein. ARTICLE 7 PERFORMANCE STANDARDS Section 7.100 GENERAL APPLICATION Permitted and special uses enumerated in the M Dis- tricts and uses accessory thereto, are subject to th following performance standards and procedures. If the Zoning Inspector or the Board of Appeals has reasonable grounds for believing that any, other use will violate these performance standards, such use, existing or proposed, shall also be subject to these performance standards. Section 7.200 PERFORMANCE STANDARDS PROCEDURE il II II 1\ II 7.201 Prior to Construction and Operation Any application for a building permit for a us which shall be subject to performance standard, shall be accompanied by a sworn statement by t e owner of subject property that said use will b operated in accordance with the performance standards set forth herein. 7.202 Continued Compliance Contin~ed compliance with performance standard is reqvired and enforcement of continued com- n " 'i I, i! I; II H Ii 'i 11 II !I :, ;: Ii Ii 11 II II 'I I! 'I I' I I I I I ! II Section 7.300 !I , :1 Ii I I' II I; II il II I' I d 'I 'I 'I \\ 1\ Ii pliance with these performance standards be enforced by the Zoning Inspector. 7.203 Determination of Violation I I shall I ! ! The Zoning Inspector shall investigate any purt ported violation of performance standards and,1 if there is reasonable ground for the same, I shall notify the Board of Appeals of the occurt rence or existence of a probable violation ) thereof. Said Board shall investigate the alle~- ed violation. Such violation shall be terminat~d as provided in subsection 7.204 following. I I I 7.204 Termination of Violations All violations, as ascertained in accordance with Subsection 7.203, shall be terminated wit - in thirty (30) days of the decision of the Board of Appeals or shall be deemed a separate violation for each week following and subject to fines as set forth herein, except that cer- tain uses established before the effective dat of this ordinance and nonconforming as to per-j formance standards shall be given a reasonablef time in which to conform therewith as determin d by said Board. REGULATION OF NUISANCE ELEMENTS I 7.301 Definition of Elements -...------.-.-- No land or building in any M. District which shall be used or occupied for manufacturing purposes shall be operated in such a manner so as to create any dangerous, injurious, noxious or otherwise objectionable fire, explosive or other hazard; noise or vibration, smoke, dust, dirt, or other form of air pollution or water pollution; electrical or other disturbance; glare; or other substance, condition or elemen in such amount as to adversely affect the sur- rounding area or premises (referred to herein as "dangerous or Objectionable elements"); pro vided that any use permitted by this ordinance may be undertaken and maintained in any M District if it conforms to the regulations of this subsection limiting dangerous and object- ionable elements at the specified point or points of the determination of their existence. 7.302 Locations Where Determinations Are to be Made for Enforcement of Performance Standards The determination of the existence of any dan- gerous and objectionable elements shall be at: a. The point or points where such elements 1 be most apparent for fire and explosion haz ards, for radioactivity and electrical dis- turbances, for smoke and other forms of air pollution and discharge of effluent for water pollution. b. The property lines of the use creating such objectionable elements as noise, vibration, glare, and odors. !i II !, I ! . ISectlon 7.400 STANDARDS TO BE ENFORCED I I, II .1 II II II 7 . 40 1 Fir e and E x p 1 o_s ion H a z a r d s ! In all activities involving, and all storage ot, inflammable and explosive materials, the owner or operator of such use shall provide adequatei safety devices against the hazard of fire and I explosion and adequate firefighting and fire ! suppression equipment and devices standard in I this industry. Burning of waste materials in I open fires is prohibited. The relevant provist ions of State and local laws and regulations ' shall also apply. 7.402 Radioactivitv or Electrical Disturbance " I 'I I No activities shall be permitted which emit dangerous radio activity or electrical disturb ance adversely affecting the operation of any equipment other than that of the creator of su h disturbance. 7.403 Vibration No vibration shall be permitted which is detec - able without instruments at the point of meas- urement specified in Subsection 7.302. 7.404 Glare " No direct of sky-reflected glare, whether from floodlights or from high-temperature processes, such as combustion or welding or otherwise, so: as to be visible at the points of measurement i specified in Subsection 7.302. This restrictio shall not apply to signs otherwise permitted b the provisions of this ordinance. 7.405 Odors No emission shall be permitted of odorous gase or other odorous matter in such quantities as to be readily detectable at the property line of the zone lot from which they are emitted without instruments. 7.406 Other Forms of Air Pollution NO emission 'of fly ash, dust, fumes, smoke, vapors, gases and other forms of air pollution shall be permitted which can cause any damage to health, to animals, vegetation, or other forms of property, or which can cause any ex- cessive soiling. 7.407 Water Pollution No discharge of effluent or contaminant shall take place into any natural or manmade stream or body of water which is injurious to plant and animal life or which discolors or deposits sediments in such streams. The relevant provis ions of state regulations shall also apply. II ;1 'I I, II ,I ,\ Ii II Ii II St' \I ec 10n il 'I I, II !. 'i ARTICLE 8 NONCONFORMING USES AND 3UILDINGS 8.100 EXISTING I I I The lawful use of any building or land existing at t~e time of the enactment of this ordinance may be con- I' tinued although such use does not conform with the provisions of this ordinance. I I Section 8.200 CONTINUATION OF USE -_.._---~-_.._._-_. A use, building or structure which shall be made non conforming at the, time of passage of this ordinance or any applicable amendment thereto, may be continue except as otherwise specified in this Article; pro- vided, that no existing use located in the district where enumerated in Article 4 shall be considered nonconforming if the yards, area, height, coverage, dimensions or off-street parking do not conform with the regulations of this ordinance. Section 8.300 REGULATION OF NONCONFORMING USES An existing nonconforming use, building or structure cannot be enlarqed, reconstructed, substituted or structurally altered unless required to do so by law or order, or as follows: ! l! 8.301 Restoration. Any nonconforming building or structure which is damaged may be restored, re constructed or used as before, provided that the volume of such use, building or structure shall not exceed the volume which existed prio to such damage. 8.302 Di~lacement and Change of use A. A nonconformina use shall not be extended displace a conforming use. b. A nonconforming use may be changed into a conforming use, or to a more restrictive no - conforming use. c. Once changed to a conforming use, no struct re or land shall be permitted to revert to a nonconforming use. 8.303 Termination. When discontinued for a period 0 ,18 months or more, a nonconformi ng use shall be terminated. 8.304 Enlargement. Any nonconforminq use, building 0 structure may be enlarged, subject to approval by the Zoning Board and the Planning Board, up to, but not more than fifty (50) per cent of i s floor or lot area as it existed at the time of passage of this ordinance. Such enlargement mu t conform to all other regulations of the distri t in which it is located and may generally be used only once for each nonconforming use. q H il \\ 1\ Ii II h Ii ,I l( ij II jfl I II II i I 8.305 8.306 8.307 I I I I I I! Secti on It 1 Unsafe Structures. Any structure or portion ffi'reof declared -unsafe by a proper authority may be restored to a safe condition. I Construction ApBroved Prior to Adoption of or i AmendmE!nt to Ordinance. Nothing herein contait- ed shall require any change in plans, construc - ion or desiqnated use of a building for which! a building permit has been heretofore issued a~d the construction of which shall have been dili+ gently prosecuted within three months of the i date of such permit, and the ground store fram - work of which, including the second tier of beams, shall have been completed within six months of the date of the permit, and which en tire building shall be completed according to uct plans as filed within one year from date of this ordinance. I District Changes. Whenever the boundaries of al . dlstrict shall be changed so as to transfer an area from one district to another district of a different classification, the foregoing pro- visions shall also apply to any nonconforming uses existing therein. ARTICLE 9 ADMINISTRATION AND ENFORCEMENT 9.100 GENERAL PROCEDURE General Se~nce of Steps. All persons desirin to undertal<e-any new construction, structural alteration, or changes in the use of a buildin or lot shall apply to the Zoning Inspector for a Building Permit by filling out the appropria e application form and by submitting the require fee. The Zoning Inspector will then either iss e or refuse the Building Permit or refer the ap- plication to the Board of Appeals. After the Building Permit has been received by the appli cant, he may proceed to undertake the action permitted in the Building Permit and upon com- pletion of such action, shall apply to the Zoning Inspector for a Certificate of Occupanc . If the Zoning Inspector finds that the action of the applicant has been taken in accordance with the Building Permit, he will then issue a Certificate of Occupancy allowing the premis s to be occupied. 9.102 Building Permit T1~es. Under the terms of this ordinance, the fo owing classes of Building Permits may be issued: 9.101 I II !I \\ It a. Permitted Use: A Building Permit for a Per- mitted Use may be issued by the Zoning In- spector on his own authority. b. Special Exception Uses: A Building Permit f r a Special Exception Use may be issued by th Zoning Inspector after review by the Planni 9 Board and upon the order of the Board of Appeals. 'f i I c. Buildi~ Permit After an Ae.r.eal or a Request f6r-a-VarTance-~--.r\Bui 1 di ng Permi t ma~ sueaoy the Zoning Inspector upon the order: of the Board of Appeals and after a public; hearing held by the Board of Appeals for the purpose of deciding upon the Appeal or a re4 quest for a variance. : II I. \I I I I i Section 9.200 ZONING INSPECTOR , This ordinance shall be enforced by the Zoning Inspe~= tor or his duly authorized assistant, the Deputy Zoning Inspector, who shall be appointed by the Town Board. i No building permit or certificates of occupancy sha11 be issued by him except where all the provisions of ,I this ordinance have been complied with. BUILDING PER~lITS 9.201 General. No building or structure shall be ere t- ~-added to, or structurally altered until a permit therefor has been issued by the Zoning Inspector. Except upon a written order of the Board of Appeals, no such building permit or certificate of occupancy shall be issued for any building where,said construction, addition or alteration or use thereof would be in viola tion of any of the provisions of this ordinanc 9.202 Information Necessar~ for Application. There shall be submitted wlth all applications for building permits three copies of a layout or plot plan drawn to scale showing the actual di mensions of the lot to be built upon, the exact size and location on the lot of the building and accessory buildings to be erected and such other information as may be necessary to deter mine and provide for the enforcement of this ordinance. 9.203 Public Record. On~ copy of such layout or plot plan shall be returned when approved by the Zoning Inspector together with such permit to the applicant upon the payment of a fee as in- dicated in this Article. The second and third copies, with a copy of each application with accompanying plan, shall become a public recor after a permit is issued or denied. 9.204 Water Supply and Sewage Disposal. All water su - ply and sewage disposal installations shall conform with the New York State Department of Health regulations. No plot plan shall be appr v- ed by the Zoning Inspector in any zone unless such conformity is certified on the plan. Drai - age affecting adjacent properties shall be con sidered by the Zoning Inspector before issuing a building permit, including possible run-offs to said properties. 9.205 Issuance of Permits. It shall be the duty of t e Zoning Inspector to issue a Building Permit, provided he is satisfied that the structure, building, a sign, parking area on premises, an the proposed use thereof, conform with all re- quirements of this ordinance, and that all oth r reviews and actions, if any, called for in thi 'r ! I iI " " II Ii ordinance have been complied with and all nec-I essary approvals secured therefor. i All building permits shall be issued in dUPli_t' cate and one copy shall be kept conspicuously on the premises affected and protected from th weather whenever construction work is being pe - formed thereon. No owner, contractor, workman f or other person shall perform any building ope - ations of any kind unless a Building Permit covering such operation has been displayed as 1 required by this ordinance, nor shall they per form building operations of any kind after not ification of the revocation of said Building Perm it. 9.206 Denial of Permits. When the Zoning Inspector i not satisfied that the applicant's proposed development will meet the requirements of this ordinance, he shall refuse to issue a building permit and the applicant may appeal to the Board of Appeals for a reversal of the Inspect oris decision. 9.207 Expira~ion of Building Permit. A building perm t shall expire after one year if the applicant fails to implement his application as filed with the Zoning Inspector. 9.208 Revocation of Permits. If it shall appear, at any time, to the Zoning Inspector that the app i- cation or accompanying plot is in any material respect false or misleading, or that work is being done upon the premises differing materi-; ally from that called for in the application ' filed with him under existing laws or ordinanc s, he may forthwith revoke the Building Permit. After the Building Permit has been revoked, th Zoning Inspector may. at his discretion, befor issuing the new Building Permit, require the applicant to file an indemnity bond in the favor of the Town of Queensbury with sufficien surety conditioned for compliance with this ordinance and all building laws and ordinances then in force and in a sum sufficient to cover the cost of removing the building if it does not so comply. 9.209 Special Exception Uses. All such applications shall be accompanied by plans and such other information as may be required under Section 6.900. Section 9.300 CERTIFICATE OF OCCUPANCY 9.301 General. After the enactment of this ordinance, no vacant land shall be occupied, or used and no building hereafter erected, altered or ex- tended shall be used or changed in use until a certificate of occupancy shall have been issue by the Zoning Inspector. stating that the buildings or proposed use thereof complies wit the provisions of this ordinance. i! II Ii !I II Ii II I, I I I I 9.302 Maintenance, Renewal, Change or Extension of Nonconformi~Use. No nonconforming use shalll' be maintained, renewed, changed or extended without a certificate of occupancy having first been issued by the Zoning Inspector. i 9.303 Application for Certificate of Occupanc~. All 1 certificates of occupancy shall be applled fori coincident with the application for a building! permit. Said certificate shall be issued within 10 days after the erection or alteration shall! have been approved as complying with the pro- 'I. visions of this ordinance. I 9.304 Record. The Zoning Inspector shall maintain a ! record of all certificates and copies shall be shown upon request to any person having a pro- prietary or tenancy interest in the building affected. Section 9.400 PLANNING BOARD I II i! I' I , I! .1 I i 9.401 Review of ~~lication~ and Appeals 1. Referral from the Board. The Board of Appea s shall refer to the Planning Board all appli cations for special uses, and any other ap- plications or appeals, which in their opinion require review by the Planning Boar. 2. Criteria for Review. The Planning Board sha 1 review such applications in accordance withl applicable criteria set forth in Article 6.; 3. Report to the Board of Appeals. The Plannin Board may approve, disapprove, or approve subject to conditions, or modifications and shall report its findings to the Board of Appeals within thirty (30) days of receipt thereof; such report shall state all recom- mended conditions and modifications and the reasons for such approval or disapproval. If such approval is not given within the time period stated above, it shall be approved. Ii Section 9.500 VIOLATIONS 9.501 Complaints of Violations. Whenever a violation of this ordinance occurs, any person may file a complaint in regard thereto. All such com- plaints must be in writing and shall be filed with the Zoning Inspector, who shall properly record such complaint and immediately investi- gate and report thereon to the governing body. 9.502 Violations and Penalties. A violation of this ordinance is an offense punishable by fine not exceeding $50 for any offense, recoverable wit costs, together with judgment or imprisonment not exceeding six months if the amount of said judgment is not paid. Each week that a violati n is permitted shall constitute a separate of- fense. II II i " ;i !I II II II I I I I 9.503 Procedure for Abatement of Violations. In caset any building or structure ;s erected, construe - ed, reconstructed, altered, repaired, converte , or maintained, or any building, structure or ! land is used in violation of this ordinance, at if any ordinance or regulation made under autht ority conferred hereby, the governing body, or! with their approval, the Zoning Inspector or I other proper official in addition to other re-I medies, may institute any appropriate action of proceedings to prevent such unlawful erection,! construction, reconstruction, alteration, re- I pair, conversion, maintenance or use, to res- train, correct, or abate such violation, to pr - vent the occupancy of said building, structure or land, or to prevent any illegal act, conduc , business or use in or about such premises. Section 9.600 APPEALS II I I I Ii 9.601 ~~L frgm Zoning Inspector 1. Procedur~~~pellant a. An appeal to the Board of Appeals from a y ruling of any administrative officer ad- ministering any portion of this ordinanc , may be taken by any person aggrieved, or by an officer, board, or bureau of the J Town affected thereby. Such appeal shall be taken by filing with the officer from whose action the appeal is taken and wit the Board of Appeals by filing with the! secretary thereof, a notice of appeal, s - ecifyinq the grounds therefor. b. All applications and appeals made to the Board of Appeals shall be in writing on forms prescribed by the Zoning Inspector Every application or appeal shall refer to the specific provision of this ordina and shall exactly set forth the inter- pretation that is claimed, the plans for special use or the details of the varian that is applied for, in addition to the following information: 1) The name and address of the applicant appellant. 2) The name and address of the owner of he zone lot to be affected by such pro posed change or appeal. 3) A brief description and location of t e zone lot to be affected by such pro posed change or appeal. 4) A statement of the present zoning classification of the zone lot in question, the improvements thereon and the present use thereof. 5) A reasonably accurate description of present improvement, and the addit1 or changes intended to be made un de this application,indicating the s1z of such proposed improvements, mate - ial and general construction thereo 'I " Ii , , I I I II II I I I I II Ii II I I I I I I In addition, there shall be attache4 a plot plan of the real property toibe affected, indicating the location I and size of the lot'and size of im-i provements thereon and proposed to ~e erected thereon. 2. Procedure for Zon~~g Inspector i a. The notice of appeal in any case where ai permit has been granted or denied by the' Zoninq Inspector shall be filed within s~ch time as shall be prescribed by the Boardl of Appeals under general rule after notije of such action granting or denying the permit has been mailed to the applicant. The Zoning Inspector shall forthwith transmit to the Board of Appeals all paplrs constituting the record upon which the action appealed from was taken, or in lieu thereof certified copies of said papers. I b. It shall be competent for the Zoning In-i spector to recommend to the Board of Appeals a modification or reversal of hi Action in cases where he believes substa t- ial justice requires the same but where I he has not himself sufficient authority I' to grant the relief sought. I I II I II II r I I I. 3. Procedure. for the Board of Appeals The Board of Appeals shall decide each ap- I peal within sixty (60) days. Upon the hear- ing, any party may appear in person or be represented by an agent or attorney. The Board of Appeals' decision shall be immed- iately filed in its office and be a public record. In the exercise of its functions upon such appeals or upon exceptions, the Board of Appeals may in conformity with the provisions of this ordinance, reverse or affirm, wholly or partly, or modify the order, requirement, decision, or determina- tion appealed from or may make such order, requirement, decision or determination in accordance with the provisions hereof. 4. s~~ration of Appeal Decision Unless otherwise specified by the Board of Appeals, a decision on any appeal or reques for a variance shall expire if the applican fails to obtain any necessary building perm t, or comply with the conditions of said auth- orized permit within six (6) months from the date of authorization thereof. it \: I 5. Stay of Proceedin~s An appeal shall stay all proceedings in furtherance of the action appealed from un- less the Zoning Inspector certifies for the Board of Appeals, after the notice of appea ; I ~----- ii il ,I 'I I I I I II I, I II I i I j Section 9.700 II ,I I' ,t I I I I I I I I shall have been filed, that by reason of I facts stated in the certificate, stay would~ in his opinion, cause imminent peril to lifi or property, in which case proceedings shal not be stayed otherwise than by a restrain-, ing order which may be granted by the Boardl of Appeals or by the Supreme Court on apPlir' cation, on notice to the Zoning Inspector and on due cause shown. ' 6.~~1-fr~~ Decision of Board of Appeals All decisions of the Board of Appeals are subject to court review in accordance with applicable Laws of the State of New York. PUBLIC HEARINGS AND NOTICE f The Board of Appeals shall fix a reasonable time for the hearing of the appeal or other matter referred t it and give public notice thereof by the publication in the official paper of a notice of such hearing atl least five (5) days prior to the date hereof and ! shall at least five (5) days before such hearing mai notices thereof to the following officials, persons and owners of properties involved and in accordance with the requirements of Section 267 of Article 16, Chapter 62 of the Consolidated Laws of the State of New York. i I 9.701 When Appealing Action of the Zoning Inspector.' 1n case of an appeal alleging error or misin- terpretation in any order or other action by the Zoning Inspector, the following persons shall be notified: the inspector, appellant and the person or persons, if any, who benefit from the order, requirement, regulation or determination. 9.702 When Appealing for Variance, S ecial Exce tion Use. In case of an appea for a variance or in case an application for a special exception us , as provided for in this ordinance, the follow- ing persons shall be notified: All owners of property within five hundred (500) feet of the nearest line of the property for which the variance or special exception use is sought, and to such other property owners as the chair man of the Board of Appeals may direct. 9.703 Adjournment of Hearing. Upon the day for hear- ing any application or appeal, the Board of Appeals may adjourn the hearing for a reasonable period for the purpose of causing such further notice as it deems proper to be served upon such other property owners as it decides may b interested in said application or appeal. d " II I' II II .' 'I I, II II I 9.704 ~~ired Inter~?_L~~H~~rin9s on Applications an<!~p-~als, after De_~J~. Whenever the Board, after hearing all the evidence presented upon an application or appeal, under the provisions of this ordinance, denies the same, the Board of Appeals shall refuse to hold further hearin on the said or substantially similar applicati or appeal by the same applicant, his successor or assign for a period of one (1) year, except and unless the Board of Appeals shall find and I determine from the information supplied by the request for a rehearing, that changed conditio~s have occurred relating to the promotion of theJ' public health, safety, convenience, comfort, prosperity, and general welfare, and that a re consideration is justified. Such rehearing WOU~d be allowable only upon a motion initiated by a member of the Board of Appeals and adopted by he unanimous vote of the members present. I Section 9.800 FEES II J $ 2 .00 Building permits for Sign Occupancy Permit No fee Rehearings on Applications and Appeals $15.00 Reclassification or Amendment to Zoning Ordinance Visiting Mobile Home Permit $25.00 $ 2.00 The following fees shall be paid at the Office of the Zoning In- spector upon the filing of an application for a Building Permit: Estimated Construction Cost ($) Fee in 0011 ars For Uses requiring For Uses not requiring Board Action Board Action Under $1,000. Over $1,000. 2.00 10.00 For all uses requiring Board action, the fee shall be $15.00 ARTICLE 10 BOARD OF APPEALS Section 10.100 ORGANIZATION AND PROCEDURE I 10.101 Establishment. Pursuant to the provlslons of Section 267, Article 16, Chapter 62 of the Consolidated Town Laws of the State of New York, a Board of Appeals is hereby establish d in the Town of Queensbury. 10.102 Appointment. The Board of Appeals shall con- sist of five (5) members to be appointed by the Town Board. The terms of the initial ap- pointees shall be for one, two, three, four and five years from and after the date of ap pointment. Their successors, including such additional members as may be appointed by th Town Board, shall be appointed for the term f five Yfars after the expiration of the terms of the4r predecessors in office. ,~ 10.103 ~ppointment to Fill Vacancies. Appointments 0 fill vacancies shall be for the unexpired te ms of the member or members whose term or terms become vacant. Such appointments to fill suc vacancies shall be made in the same manner a the original appointment. 10.104 General Grant of Power. The Board of Appeals shall perform-a'fltf1eduties and have all th powers prescribed by the laws of the State 0 New York and as herein described. \ 10.105 Votes Necess~ry for a Decision. The concurri g ~ote of a majority of the members of the Boa d of Appeals, shall be necessary to reverse an order, requirement, decision or determinatio of the Zoninc Inspector or to decide in favo of the appeliant any matter upon which it is required to pass u~der the terms of this ord inance or to effect any variation of this ordinance. Section 10.200 POWERS AND DUTIES The Board of Appeals shall hear and decide appeals pursuant to the provisions of the laws of the State of New York and shall have the following powers: 10.201 To Hear and Decide Appeals: The Board of Ap- peals shall hear and decide appeals from and review any order, requirement, decision or determination made by the Zoning Inspector administering this ordinance. It shall also hear and decide all matters referred to it or upon which it is required to pass under the provisions of this ordinance. 10.202 Variances. The Board of Appeals may vary or adapt the strict application of any of the requirements of this ordinance in the case 0 exceptiona1lv irregular, narrow, shallow or steep lots, or other exceptional physical co - ditions, whereby such strict application wou d result in ~ub5tantial difficulty or unnecess ary hardship that would deprive the owner of the reasona~le use of the land or building invohed. do i'i:lance in the strict applica- tion of any provision of this ordinance shal be grant2d ty the Goard of Appeals unless it finds: a. That there are special circumstances or conditions, fully described in the findin s of the 3oarct, applying to such land or buildir~s ?rd not applying generally to 1 nd or buildings in the neighborhood, and tha said circumstances or conditions are such that strict application of the provisions of this orrlinance would deprive the appli cant of the re3sonable use of such land or buildings. b. The DOWer to arant variances in R-l areas, which was fPserved to the Town Board in the ordinance~ establishing residential zones under the General Municipal Law, ar hereby qranted tc the Board of Appeals. ~-~~ c. The Board of Appeals shall have the power to grant variances in any area, even thou h the circumstances may not constitute hard ship, where the permitted variance is in general harmony with the restrictions est b- lished for such area, provided the Planni g Board shall concur. d. That, for reasons fully set forth in the findings of the Board, the granting of th variance is necessary for the reasonable use of the land or building and that the variance as granted by the Board is the minimum variance that will accomplish thi purpose. e. That the granting of the variance will be in harmony with the general purpose and intent of this ordinance and the Master Plan of Queensbury, and will not be injur ious to the neighborhood or otherwise det i- mental to the public welfare. In granting any variance, the Board of Appea s shall prescribe any conditions that it deems to be necessary or desirable. 10.203 Interpretation. The Board of Appeals shall, upon appeal from a decision by an administra - ive official, decide any question involving the interpretation of any provision of this ordinance, including determination of the exact location of any district boundary if there is uncertainty with respect thereto. Special Exception Uses. The Board of Appeals may issue a Special Permit for any of the us s for which this ordinance required the obtain ing of such permits from the Board of Appeal. Such special permit will only be issued afte notice, hearing and findings by the Board of Appeals. 10.204 10.205 a 1: Referral to Plannin~ Board. The Board of App shall refer to the lanning Board such mat- ters as required by this ordinance and any other pertinent matters for review and recom mendations, and defer any decision thereon for a period of not more than thirty (30) da s pending a report from the Planning Board. Up n failure to submit such report, the Planning Board shall be deemed to have approved the application for appeal. Section 10.300 PROCEDURE The Board of Appeals shall act in strict accordance with the procedure specified by law and by this ord - nance. All appeals and applications made to the Boa d shall be in writing, on forms prescribed by the Boa d and in accordance with Section 9.600. Every appeal or application shall refer to the specific provisio of the ordinance involved, and shall exactly set forth the interpretation that is claimed, the use for which the special permit is sought, or the de- tails of the variance that is applied for and the grounds on which it is claimed that the variance should be 9ranted, as the case may be. At least thirty (30) days before the date of the hearing re- ~- required by law on an application or appeal to the Board of Appeals, the secretary of said Board shall transmit to the Planning Board a copy of said appli cati on or appeal, together wi th a copy of the noti c of the aforesaid hearing and shall request that the Planning Board be notified in accordance with Secti n 10.205. Every decision of the Board of Appeals shall be by resolution, each of which shall contain a full reco d of the findings of the Board in the particular case. ARTICLE 11 A ~1 END MEN T S Section 11.100 TOWN BOARD MAY AMEND The Town Board may, from time to time, on its own motion, or on petition, or on recommendation of the Planning Board, amend, supplement or repeal the re- gulations and provisions of this ordinance after public notice and hearings as provided by Section 2 4 and 265, Article 16, Chapter 62 of the Consolidated Laws of New York State. Every such proposed amendment or change whether ini - iated by the Town Board or by petition, shall be re ferred to the Planning Board for report thereon be- fore the public hearing hereinafter provided for. The Town Board by resolution adopted at a stated meeting shall fix the time and place of a public hearing on the proposed amendments and cause notice to be given as follows: 11.101 Public Notice. By publishing a notice at lea t ten (10) days in advance of such hearing in the Official Town newspaper; such notice sha state the general nature of the proposed ame ment in such reasonable detail as will give adequate notice of its contents, and shall name the place or places where copies of the proposed amendment may be examined. ARTICLE 12 INTERPRETATION Section 12.100 INTERPRETATION, CONFLICT WITH OTHER LAWS In their interpretation and application,the provlsl of this ordinance shall be held to be minimum requi ments, adopted for the promotion of the public heal morals, safety, or the general welfare. It is not i - tended to interfere or abrogate or annul other rule, regulations or ordinances, provided that whenever t e requirements of this ordinance are at variance with the requirements of any other lawfully adopted regul- ations, rules, or ordinances, the most restrictive, or that imposing the higher standards, shall govern. Section 12.200 VALIDITY Should any section, subsection, sentence, clause, phrase, or provision of this ordinance be decided b the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordi- nance as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. ~ ..-.... Section 12.300 EFFECTIVE DATE This ordinance shall take effect immediately upon the adoption, publication, and posting as provided by the Town Law.