LL 14 Amend Zoning NEW YORK STATE DEPARTMENT OF STATE
�c z.9 14 / F tll g 162 WASHINGTON AVENUE, AIBANY, NY 12231
(*—�► (Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not
use italics or underlining to indicate new matter.
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CCWof ..............Queensbur..yr..................................................................................
Town
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Local Law No'. ..........14...................................... of the year 19 ....9.1
A local law ..to..umend..th. e...C.ode..of.the..I.o.wn..of..Queensbury,..Chvpter....1.7.9.,..th_-reof•er4ti•t1Ed Zoning
to amend and revise several provisions thereof, delete some provisions thereto, and add new
provisions thereto
Beit enacted by the ................T-p n--B-card.................................................................................................of the
(Name of Legislative Body)
G6axy
Myof .................f?.Ue.nabury...........................................................................................................as follows:
Town
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SECTION 1. Chapter 179 of the Code of the Town of Queensbury, Section 179-7,
paragraph B, is hereby amended to amend certain definitions and delete one
definition as follows:
179-7. Definitions and word usage.
B. As used in this chapter or in the appendixes thereto, unless the context
otherwise requires, the following terms shall have the changes indicated:
` Drive-In Restaurant - A place where food or non-alcoholic beverages
are served or sold for consumption outdoors or in vehicles, or a
place where food is purchased at a counter for consumption indoors,
► a restaurant equipped with a window to allow purchases of food by
driving up to the same by vehicle and leaving, commonly referred
to as a drive through window shall not be deemed a Drive-In
Restaurant for parking purposes.
Home Occupation - A domestic or service activity carried on by
members of a family residing on the premises, but excluding bed
and breakfast, beauty shops, barbershops, music schools,
convalescent or nursing homes, tourist homes, massage or other
establishments offering services to the general public, provided
1 that there are no signs nor any display that will indicate from the
► exterior of the building that it is being utilized, in whole or in
part, for any purpose other than that of a dwelling; provided also,
that there is no stock in trade sold upon the premises on a regular
• basis, not more than one (1) person employed who is other than a
member of the family residing on the premises, and no mechanical `
equipment is used except such as is customary for purely domestic
or household purposes. The keeping of not more than two (2)
roomers or boarders shall be considered a permitted home
occupation. Also, small-scale crafters, such as knitting, sewing,
woodworking and artwork shall be appropriate uses.
Parking Space - For the purpose of these regulations, one (1)
"parking space" shall constitute an area of not less than hundred
180 square feet, as provided by the Ordinance of such shape and
vertical clearance so as to accommodate one (1) vehicle having a
maximum overall length of 20 feet.
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS•239 (Rev. 7/90)
Restaurant - A place for the preparation, serving and consuming
of food and beverages, other than a tavern.
Retail Business - The offering, for a fee, of goods and
merchandise, to the general public and where the providing of
services is clearly incidental to the sale of such goods or
merchandise and excluding restaurants, motor vehicle sales and
service, boat sales, recreational vehicle sales and services,
mobile and modular home sales and services, farm and construction
equipment sales and services, and logging equipment sales and
services.
Shoreline Building Setback - The shortest distance
measured horizontally, between any point of a principal
building or accessory structure in excess of one hundred
(100) square feet in size (except docks and boathouses)
and the shoreline of any lake, pond, river, NYS
Department of Environmental Conservation classified
wetland or stream.
SECTION 2. Chapter 179 of the Code of the Town of Queensbury, Section 179-12,
paragraph A, is hereby amended to read as follows:
S 179-12 General; interpretation and application of regulations.
A. The restrictions and controls intended to regulate development in each
district are set forth in the attached schedules which are supplemented
in other sections of this chapter. The identification of particular uses
allowed as permitted uses, accessory uses or site plan review uses is for
illustrative purposes.
SECTION 3. Chapter 179 of the Code of the Town of Queensbury, Section 179-12,
paragraph C, is hereby amended to add a new subparagraph (5) to read as follows:
§ 179.12 General; interpretation and application of regulations.
C. Use regulations
(5) Principal buildings in residential zones. There shall be no more
than 1 principal building in a residential zone on any single lot
less than two (2) acres in size.
SECTION 4. Chapter 179 of the Code of the Town of Queensbury, Sections
179-21D. (2) , 179-24D. (2) , 179-25D. (2) and 179-26D. (2) are amended to add an
additional allowable accessory use described as follows and to be appropriately
chronologically lettered:
Non-enclosed deck used for restaurant, club tavern or bar
purposes.
SECTION 5. Chapter 179 of the Code of the Town of Queensbury, Section 179-22,
is hereby amended to read as follows:
$ 179-22. Plaza Commercial Zones, PC-lA.
A. Maximum density. At least one (1) acre will be required to establish any
allowable use in a PC Zone of up to twelve thousand (12,000) square feet
of gross floor area for single-story buildings and fifteen thousand
(15,000) square feet of gross floor area for multistory buildings. An
additional five hundred (500) square feet of land area will be required
for each one hundred fifty (150) square feet of gross floor area for
single-story buildings and two hundred (200) square feet or proportion
thereof for multistory buildings.
( 2 )
B. Purpose. Plaza Commercial Zones (PC-lA) are those areas where intense
commercial development exists or is anticipated. Access points are
defined in an effort to create coherent and safe traffic patterns,
efficient loading and unloading aesthetically pleasing shopping
environmental and safe pedestrian circulation.
C. Lot, yard and height regulations shall be as follows:
Minimum
Minimum Lot Size Yard Setbacks* Minimum Percent Maximum Height
Area Width (feet) of Lot to be of Building
(acres) (feet) Front Side Rear Permeable (feet)
1 2001 501 301 301 30% 501
NOTES:
*A fifty foot buffer zone shall be required adjoining residential and industrial zones.
D. The following uses are permitted in Plaza Commercial Zones:
(1) Permitted Uses: See Type II uses. All uses in PC Zones will be
subject to Site Plan Review except:
The substitution of a use for the same use as previously existed on
a lot shall not require site plan review. Also uses described below
which do not require the expansion of new parking areas by more than
10% of the size of the existing parking area or by five (5) parking
spaces, whichever is greater, and/or construction of new buildings or
facilities shall not require site plan review provided that the uses
are located within an existing structure, which does not require
expansion of any facility at the site.
a. Day care center.
b. Pharmacy, drug store.
C. Stationery store.
d. Hardware store.
e. Meat or food store.
f. Barber or beauty shop.
g. Clothing apparel store.
h. Musical instrument and record store.
i. Multi-function department store.
j. Sports equipment store.
k. Jewelry store.
1. Travel agency.
M. Professional office.
n. Office building.
o. Restaurant.
p. TV and radio station.
q. Retail businesses.
r. Post office and mailing services.
(2) Accessory Uses:
a. Loading facility.
b. Parking facility.
C. Signs as per Chapter 140, Signs.
d. Non-enclosed deck used for Restaurant, Club, Tavern or
Bar purposes.
(3) Site Plan Review uses:
(a) Type I:
[1] Construction of nonresidential facility involving:
[a] The physical alteration of ten (10) acres or more.
(3)
[b] The use of ground- and/or surface water in excess
of two million (2,000,000) gallons per day.
[c] The parking of one thousand (1,000) vehicles.
[d] One hundred thousand (100,000) square feet of gross
floor area or more.
(2] Any project or action which exceeds twenty-five percent
(25%) of any threshold of this section, occurring wholly
or partially within or substantially contiguous to any
publicly owned or operated parkland, recreation area or
designated open space.
[3] The expansion of any existing use by fifty percent (50%)
or more of the thresholds cited in Subsection D(3) (a) [1] ,
provided that the total use intensity exceeds those
thresholds.
(b) Type II:
[1] Public parking garage.
[2] Commercial greenhouse or nursery.
[3] Planned unit development (PUD) .
[4] Day care center.
(5] Pharmacy, drug store.
[6] Stationery store.
[7] Hardware store.
[8] Meat or food store.
[9] Barber- and beauty shop.
[10] Clothing apparel store.
[11] Musical instrument and record store.
[12] Multifunction department store.
(13] Sports equipment store.
(14] Jewelry store.
[15] Travel agency.
[16] Professional office.
[17] Office building.
[18] Restaurant.
[19] Shopping mall/plaza.
[20] T.V. and radio station.
[21] Retail businesses.
E. Minimum Permeability Exception. Notwithstanding the requirements of
paragraph C hereof, the minimum percent of lot required to be permeable
shall be twenty (20) percent for lots within the Plaza Commercial Zone
provided that:
(1) A storm drainage plan is submitted and approved by the Highway
Superintendent and the Planning Board. Such plan shall encompass all
drainage elements for the drainage of the site to be developed, areas
feeding the site, and areas "downstream" from the site. Said Plan
must be submitted with evidence of the use of acceptable engineering
standards and shall comply with the following provisions:
(a) In designing for storm drainage the Water Pollution Control
Federation Manual of Practice on Design and Construction of
Sanitary and Storm Sewers shall be used as a guide. Other good
engineering practices, if approved, may be accepted by the Town
Engineer.
(b) Drainage plans and facilities, in any new development site or
in any existing development site which is expanded or enlarged,
shall be designed with the goal of minimizing runoff and the
potential for any structural damage due to flooding. The rate
of runoff from the site shall not be greater than existed prior
to construction.
( 4)
(c) Drainage patterns and points of stormwater discharge from the
site should be the same as before construction. Water
retention or detention basins should be used when required to
maintain pre-construction stormwater discharge rates.
(d) Design criteria, actual design requirements of the storm sewer
system including that for open channels and culverts, buildings
and lots, and stormwater detention shall generally comply with
the stormwater drainage design criteria for subdivisions as
set forth and established by the subdivision regulations in
effect for the Town as the time of site plan review except that
the Planning Board may waive any requirement of such
regulations not applicable or relevant or in the opinion of
the Planning Board not necessary for effective stormwater
management and drainage of the site.
SECTION 6. Chapter 179 of the Code of the Town of Queensbury, Section 179-23,
is hereby amended to read as follows:
A. Maximum density. While uses are encouraged to cluster, the overall density
would allow one (1) principal building at up to twelve thousand (12,000)
square feet of gross floor area for one-story buildings and fifteen
thousand (15,000) square feet of gross floor area for multistory buildings
for each one (1) acre of land area. An additional five hundred (500)
square feet of land area will be required for each additional one hundred
fifty (150) square feet of gross floor area for single-story buildings and
two hundred (200) square feet of gross floor area or proportion thereof
for multistory buildings. Within Adirondack Park, Highway Commercial Zones
require one (1) acre of land for each eleven thousand (11,000) square feet
or fraction thereof for commercial use structures which involves the retail
sale, rental or distribution of goods, services or commodities.
B. Purpose. Highway Commercial Zones are those areas of Queensbury which have
already developed fairly intense and haphazard commercial patterns. The
purpose of these zones is to confine development of this type to these
areas while providing for minimal expansion, primarily through infill.
C. Lot, yard and height regulations shall be as follows:
Minimum Lot Minimum
Size Yard Setbacks* Minimum Percent Maximum Height
Area in Width Depth (feet) of Lot to be of Building
(Acres) (feet) (feet) Front Side Rear Permeable (feet)
1 150 200 50' ** 25' 30% 40'
NOTES:
* A fifty-foot buffer shall be required adjoining residential and industrial zones.
**Sum of side yards equals fifty (50) feet or more with a 20' minimum.
D. The following uses are permitted in Highway Commercial Zones:
(1) Permitted uses: All uses in HC Zones will be subject to site plan
review except:
The substitution of a use for the same use as previously existed
on a lot shall not require site plan review. Also uses described
below which do not require the expansion of new parking areas by
more than 10% of the size of the existing parking area or by five
(5) parking spaces, whichever is greater, and/or construction of
new buildings or facilities shall not require site plan review
provided that the uses are located within an existing structure,
which does not require expansion of any facility at the site.
a. Day care center.
b. Pharmacy, drug store.
(5)
C. Stationery store.
d. Hardware store.
e. Meat or food store.
f. Barber or beauty shop.
g. Clothing apparel store.
h. Musical instrument and record store.
i. Multi-function department store.
j. Sports equipment store.
k. Jewelry store.
1. Travel agency.
M. Professional office.
n. Office building.
o. Restaurant.
p. TV and radio station.
q. Retail businesses.
r. Post office and mailing services.
(2) Accessory uses:
(a) Loading facility.
(b) Parking facility.
(c) Signs as per Queensbury Sign Ordinance.
(d) *Apartments over businesses not exceeding 50% of use.
(e) Non-enclosed deck used for Restaurant, Club, Tavern or Bar
purposes.
*Number of apartments shall be limited to one (1) for each one (1) acre of land
not including the acreage used to calculate the density for the commercial use
structure.
(3) Site plan review uses:
(a) Type I:
(1] Construction of nonresidential facility involving:
[a] the physical alteration of ten (10) acres or more.
[b] the use of ground- and/or surface water in excess
of two million (2,000,000) gallons per day.
[c] the parking of one thousand (1,000) vehicles.
[d] One hundred thousand (100,000) square feet of gross
floor area, or more.
(2] Any project or action which exceeds twenty-five percent
(25%) of any threshold of this section, occurring wholly
or partially within or substantially contiguous to any
publicly owned or operated parkland.
(3] The expansion of any existing use by fifty percent (50%)
or more of the thresholds cited in Subsection D(3) (a) [11,
provided that the total use intensity exceeds those
thresholds.
(4] Commercial uses, including a day-care center, restaurant,
diner, bar, professional office, office building,
commercial greenhouse/nursery, veterinary clinic, and
all uses permitted in Plaza Commercial Zones with over
five thousand (5,000) square feet in an APA low-
intensity area and over ten thousand (10,000) square feet
in an APA moderate-intensity area.
[5] Motel, hotel, inn or lodge with thirty-five (35) or more
units in an APA low-intensity area or seventy-five (75)
units or more units in an APA moderate intensity area.
(6)
(b) Type II:
(1] Public parking garage.
[2] Gasoline station.
[3] Drive-in theatre.
[4] Amusement center.
[5] Golf driving range.
(6] Miniature golf course.
(7) Recreation facility operated for profit.
(8] Hospital, nursing home and health-related facility.
[9] Day-care center.
[10] Auto repair & body shop.
(11] Automobile sales and service.
[12] Commercial boat storage, repair or sales.
[13) Farm and construction equipment sales and service.
[14] Mobile home sales.
[15] Car wash.
[16] Fast-food restaurant, diner or bar.
[17] Places of public assembly.
[18] Professional office.
[19] Office building.
[20] Commercial greenhouse/nursery.
(21] Social club or fraternal organization.
(22] Motel, hotel, inn or lodge.
(23] Veterinary clinic.
[24] All permitted uses in the Plaza Commercial Zone.
SECTION 7. Chapter 179 of the Code of the Town of Queensbury, Section 179-26,
paragraph D, subparagraph (3) (b) is amended by adding an additional Type II use
as follows:
(17] Passenger limousine and/or bus storage and terminal
facility.
SECTION 8. Chapter 179 of the Code of the Town of Queensbury, Section 179-28,
paragraph B, is amended as follows:
S 179-28. Travel Corridor Overlay Zone.
B. Designated arterials. The following roads shall comply with the
requirements of the Travel Corridor Overlay Zone.
(Balance of paragraph to remain the same except as noted below. )
(7 )
SECTION 9. Chapter 179 of the Code of the Town of Queensbury, Section 179-30,
paragraph B, subparagraph (1) is amended as follows:
§ 179-30. Lots abutting collector or arterial streets.
B. Designated streets. The following streets, roads and routes have been
designated as regional or local arterial streets or collector streets.
Land fronting on these streets shall comply with the requirements of this
section.
(1) Regional arterial roads:
(a) Corinth Road.
(b) Main Street.
(c) Aviation Road from I-87 east to Route 9.
(d) Quaker Road.
(e) Dix Avenue.
(f) Ridge Road from Quaker Road north to Route 149.
(g) Route 149.
(h) Route 9.
(i) Bay Road.
SECTION 10. Chapter 179 of the Code of the Town of Queensbury, Section 179-30,
is hereby amended such that wherever the words street or streets appear, the
words road or roads shall be substituted as required by context.
SECTION 11. Chapter 179 of the Code of the Town of Queensbury, Section 179-54,
paragraph B, is amended to read as follows:
S 179-54. Land use intensity considerations.
B. The overall intensity of the project cannot exceed the amount of available
development potential of the individual APA-LUDP Land Use Intensity Zone(s)
if the proposed PUD is located within the Adirondack Park and, for property
located in the Adirondack Park, neither the overall intensity guideline
of the official map land use area nor the local district density, whichever
is lower, can be exceeded by any PUD except where the local district
permits greater density than the official map land use area in which use
the density of the local district may not be exceeded.
SECTION 12. Chapter 179 of the Code of the Town of Queensbury, Section 179-56,
paragraph A, is amended to read as follows:
S 179-56. Design standards.
A. Lot area and yard requirements. No minimum lot size, frontage or yard
requirements within a PUD shall be required except those dictated by
health, fire, safety, function and buffer considerations, except that
within the Adirondack Park, the shoreline regulations of Article 7 shall
not be modified.
SECTION 13. Chapter 179 of the Code of the Town of Queensbury, Section 179-57,
is amended to add a new subparagraph (4) to paragraph lettered D, to read as
follows:
S 179-57. PUD application procedure and approval process.
D. Referral of application for PUD districting.
(4) Any proposed "redistricting" to create a PUD in the Adirondack Park
outside official map hamlet areas shall be referred to the Adirondack
Park Agency pursuant to 3807 of the Adirondack Park Agency Act.
( 8)
SECTION 14. Chapter 179 of the Code of the Town of Queensbury, Section 179-57,
is amended to add a new subparagraph (3) to paragraph lettered E, to read as
follows:
E. zoning for planned unit developments.
(3) Adirondack Park Agency approval for any PUD districting in the
Adirondack Park outside official map hamlet areas.
SECTION 15. Chapter 179 of the Code of the Town of Queensbury, Section 179-66,
paragraph B, is hereby amended and new subparagraphs 6, 7 & 8 are added to
paragraph B and paragraph C is amended to read as follows:
S 179-66. Off-street parking and loading.
B. Off-street parking spaces shall be required for all buildings constructed,
extended and enlarged in use after the effective date of this chapter.
Each off-street space for shall consist of at least one hundred eighty
(180) square feet and shall be at least nine (9) feet wide by twenty (20)
feet long. Each parking space shall be reached by an access driveway at
least twenty (20) feet clear in width. In addition, space necessary for
aisles, maneuvering, safe pedestrian walkways and drives shall be provided.
Parking requirements are specified in Subsection C below. Parking
requirements are specified in Subsection C.
(1) For any building having more than one (1) use, parking space shall be
required as provided for each use.
(2) Floor areas for the purposes of computing parking requirements shall
be the sum of the horizontal area within exterior walls of the several
floors of a building, excluding basement, cellar and attic areas used
primarily for storage or service.
(3) Except for an enclosed shopping center, any parking lot or parking
area that will contain more than one hundred and fifty (150) cars
shall be effectively divided by planted divider strips planted with
trees fixed in place so as to effectively divide each parking area of
one hundred and fifty (150) cars from another driveway and parking
area for the purpose of insuring safety of vehicles moving within the
entire parking area and to control speed.
(a) All parking areas shall have a planted buffer area at least
five (5) feet deep surrounding the parking lot or area.
(b) There shall be a planted traffic island at both ends of each
isle of parking.
(c) Tree planting in and around the parking lot or area shall be
required as follows:
[1] Within the buffer area, one (1) tree shall be required
for every ten (10) spaces in the parking lot within.
[2] In planted divider strips, one (1) tree shall be required
for every twenty (20) spaces in the parking lot.
[3] Each traffic island shall include at least one (1) tree.
(4] Additional plantings, landscaping and screening,
including shrubs and evergreen trees, may be required
by the Planning Board to screen the parking lot or area
from adjacent properties or the public right-of-way.
[5] If existing trees and vegetation are left on the site,
these may be considered in lieu of new plantings.
(9)
[6J New plantings shall conform to the following minimum
sizes:
[a] Major trees: three and one-half (3-1/2) inches in
caliper.
[b] Evergreen trees: four (4) to six (6) feet in
height.
[c] Shrubs: two (2) to three (3) feet in height or
spread.
[d] Minor or flowering trees: two and one-half (2-
1/2) inches in caliper.
(7) New and existing plantings shall be maintained, and dead
or deceased plants shall be replaced in accordance with
the plans approved by the Planning Board. All vegetation
shall be pruned so as not to interfere with any drivers'
site lines needed for the safe maneuvering of vehicles.
(4) There shall be a minimum of one (1) access point (egress/ingress) from
parking areas for industrial and commercial uses. There shall be a
physical barrier separating the ingress and egress area of the access
point. A maximum of two (2) lanes shall be permitted for each. Each
lane shall be a maximum of twenty (20) feet wide. Access points shall
be separated from adjoining access points by at least one hundred
fifty (150) feet.
(5) All parking shall be adequately lighted.
(6) The Planning Board shall, however, have the authority to require or
permit less than the required parking spaces for any use, provided an
amount of open space equal to that amount of space that would have
been used for the required number of parking spaces is left available
for parking in the event it is needed at sometime in the future. Open
space used for this purpose shall not be used to meet any other
requirements of the Zoning Ordinance including permeability
requirements.
(7) Whenever an owner or operator of a restaurant, club tavern or bar adds
or has existing adjacent thereto, a non-enclosed deck for patron
seating purposes, additional parking shall be required and the number
of spaces required shall be equal to that usually required if said
club, restaurant, tavern or bar had been enlarged to the dimensions
of the deck, except that said parking spaces may be located on that
space left open for compliance with the provision of this Ordinance
requiring permeable area and except that the use of space left open
for permeability purposes shall only be used as overflow parking only
on those occasions when necessary.
(8) Parking space requirements for any restaurant or other business
offering drive through window service shall be calculated as if the
drive through window service did not exist, and no additional parking
spaces shall be required because of such service.
C. Off-street parking schedule.
USE MINIMUM SPACES REQUIRED
Dwelling 2 for each dwelling unit
Home occupation 1 for each 300 square feet of floor area used
as such
Rooming house, motel 1 for each guest room
(10 )
USE MINIMUM SPACES REQUIRED
Church or temple 1 for each 5 seating spaces in main assembly
room
Elementary school 3 for each classroom
High school 4 for each classroom
Theater or other place 1 for each 4 seating spaces
of assembly
Retail business 1 for each 100 square feet
or bank of gross leasable floor area
Clubs and restaurants 1 for each 100 square feet of gross leasable
floor space, or 1 for each 4 seats, whichever
is greater, and 1 for each 2 employees;
unless said club or restaurant also contains
or has existing therein a bar or tavern, in
which event, the number of parking spaces
required shall be that required for "Club
and Restaurant" or "Tavern or Bar" (not the
BUM thereof) , whichever use requirements
result in the requirement of a greater number
of parking spaces
Tavern or bar 1 for each 100 square feet of gross leasable
floor area plus 1 for each linear foot of
bar, plus 1 for each 2 employees unless said
club or restaurant also contains or has
existing therein a bar or tavern, in which
event, the number of parking spaces required
shall be that required for "Club and
Restaurant" or "Tavern or Bar" (not the sum
thereof) , whichever use requirements result
in the requirement of a greater number of
parking spaces
Wholesale, storage 1 for each one thousand (1,000) square feet
freight terminal or of gross leasable floor area, plus 1 appro-
utility use priately sized for each company vehicle
Industrial use or 1 for each 2 employees on the maximum working
manufacturing use shift, plus 1 for each company vehicle
Office building 1 for each 150 square feet of gross leasable
floor area
Drive-in restaurant 1 apace for each 25 square feet of gross
leasable floor area, and 1 for each 4 seats
and 1 for each 2 employees
Commercial or shopping Five (5) per 1,000 square feet of gross
leasable floor space
Marina/boat storage 1 space for each 1 1/2 boats stored
(11)
USE MINIMUM SPACES REQUIRED
Enclosed shopping center Notwithstanding any other provision in this
chapter, enclosed shopping centers shall
provide off-street parking spaces in
accordance with the following standards:
Each parking space shall comply with
the dimensional requirements set forth
in Subsection B.
The required number of off-street
parking spaces shall be calculated as
follows: for enclosed shopping centers
greater than four hundred thousand
(400,000) square feet of GLA, all
parking on the site will be based on
five (5) spaces per one thousand
(1,000) square feet of GLA
SECTION 16. Chapter 179 of the Code of the Town of Queensbury, Section 179-69,
is amended to read as follows:
S 179-69. Conversion of seasonal dwelling units.
The conversion to year-round occupancy of any seasonal dwelling shall be
permitted only after approval under a Type II site plan review and in accordance
with New York State Uniform Fire Prevention and Building Code and the New York
State Energy Conservation Construction Code and only after certification of the
suitability of the existing sanitary septic system, by a licensed engineer, to
accommodate year-round use.
SECTION 17. Chapter 179 of the Code of the Town of Queensbury, Section 179-76,
is amended to read as follows:
$ 179-76. General exception to minimum lot area requirements for lots located
in the Adirondack Park or designated critical environmental areas.
Any non-conforming lot of record within the Adirondack Park or any critical
environmental area as of the date of this chapter which does not meet the minimum
lot area and/or minimum lot width requirements of this chapter for the zoning
district in which such lot is situated shall be considered as complying with such
minimum lot requirements, for such time periods as set forth in Section 179-77
and no variance shall be required, provided that as of the date of this chapter,
such a lot does not adjoin other lots in the same ownership, provided however,
that all such lots in the same ownership shall be treated together as one lot.
SECTION 18. Chapter 179 of the Code of the Town of Queensbury, Section 179-77,
is deleted in its entirety and a new Section 179.77 is added to read as follows:
$ 179.77. Exemption for lots in approved subdivision.
Any provisions in this ordinance which establish or increase lot areas and
dimension or requirements, including but not limited to setback lines, frontage
requirements, lot new width restrictions, density regulations and yard
requirements, which are greater than or in excess of the lot areas or lot
dimensions required for any lots lawfully existing on September 30, 1988, shall
not be applicable or in any way affect the said lots for a period of 3 years from
October 1, 1988. The lot area and dimensional requirements set forth in
Ordinance of the Town of Queensbury adopted in 1982 shall be applicable until
the expiration of the aforementioned 3 year time period where upon the provisions
of this Ordinance shall be then applicable or controlling.
SECTION 19. Chapter 179 of the Code of the Town of Queensbury, Section 179-79,
the first unnumbered paragraph and paragraph E, is amended to read as follows:
(12 )
179-79. Continuation.
Subject to the provisions of this Article, a nonconforming structure or use
or a structure containing a nonconforming use may be continued and maintained
in reasonable repair but may not be enlarged or extended as of the date this
chapter becomes law, except as follows:
E. An existing structure which violates only the area requirements of this
chapter may be enlarged or extended so long as such enlargement or
extension does not violate the area requirements of this chapter.
SECTION 20. Chapter 179 of the Code of the Town of Queensbury, Section 179-79,
is amended to add a new paragraph F, to read as follows:
F. Site Plan Approval by the Planning Board shall be required for any
enlargement or extension of a nonconforming structure or use of a structure
containing a nonconforming use existing within a critical environmental area
designated by the Town Board of the Town of Queensbury or the Rules and
Regulations of the Department of Environmental Conservation adopted to the SEQRA,
except that site plan shall not be required for enlargement or extension of
existing decks or porches in said critical environmental areas.
SECTION 21. Chapter 179 of the Code of the Town of Queensbury, Section 179-84,
is amended to delete the entire section presently reading as follows:
[S 179-84. Prior rental, sale or use of boat berths.
Notwithstanding any provision of this chapter to the contrary, no nonconforming
use may exist, arise or be continued in, on or at any waterfront property, after
the effective date of this chapter, by virtue of the prior rental, lease, sale
or use of berths, whether by docking or mooring, for boats or any other type of
watercraft not registered to the property owner, his family or a tenant of a
dwelling unit situate on the same zone lot, in, on or at any type of waterfront
facility in any residential zone, except that this section shall not be
applicable to any property located within a residential zone in, on or at which,
prior to and as of the effective date of this chapter, the principal use of the
property has been the operation of a business for profit thereon or thereat
consisting of the rental, lease or sale of berths, boats or other types of
watercraft and the repair or storage of boats or other types of watercraft. ]
SECTION 22. Chapter 179 of the Code of the Town of Queensbury, Section 179-88,
paragraph A, is amended to read as follows:
S 179-88. Requirements for granting variances.
A. Area Variances. A variance to allow land use or development or a
subdivision to be located on a lot or property which does not conform to
the dimensional requirements, including but not limited to setback lines,
frontage requirements, lot area/width restrictions, density regulations,
and yard requirements, for that district listed in Article IV may be
granted if strict application of said dimensional requirements would result
in specified practical difficulties and only in the event that all of the
following circumstances are specifically considered by the Zoning Board
of Appeals and are each so stated in the Board's findings, and no such
variance shall be valid unless all of the following circumstances are so
considered:
(1) Whether the variance would be materially detrimental to the
purposes of this chapter, or to property in the district in
which the property is located or adjoining properties, or
otherwise conflict with the description or purpose or the
objectives of any plan or policy of the town, and whether the
variance requested is the minimum variance which would
alleviate the specific practical difficulty found by the Zoning
(13)
` Board of Appeals to affect the applicant and whether there is
some other method, besides that of a variance, that the
applicant could reasonably take to eliminate the need for the
variance.
(2) The effect of the variance on available public facilities and
services.
(3) Whether, in view of the manner in which the difficulty arose
and after considering all of the above factors, the interests
of justice would be served.
SECTION 23. Effective Date.
In accordance with the provisions of Municipal Home Rule Law Section 27 and
Town Law Section 265, this Local Law shall take effect upon the occurrence of
the later of: (1) the filing of the same with the Office of Secretary of State
or (2) Ten (10) days after such Local Law and Zoning amendments or notice
thereof, as may be required by state and/or local law, is published in the
official newspaper of the Town of Queensbury and duly posted, except that the
10 day waiting period shall not apply against any person served personally with
a copy thereof in accordance with Town Law "Section 265.
(14)
` (Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No. 14 of 19�c
of the (C ty)(QAy)(Town)(VjM1tge) of Oueenshury was duly passed by the
on _1,11), ?g, 19gi, in accordance with the applicable provisions of law.
(Name of Legislative Body)
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval
by the Elective Chief Executive Officer'.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19
of the (County)(City)(Town)(Village) of was duly passed by the
on 19_, and was (approved)(not disapproved)(repassed after
ame of egis ative ody
disapproval) by the and was deemed duly adopted on 19 ,
eet�ve Chief xacutive f peer
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19
of the (County)(City)(Town)(Village) of was duly passed by the
on 19 , and was (approved)(not disapproved)(repassed after
Name of Legislative Body
disapproval) by the on 19 Such local law was
Elective Chief Executive Officer
submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative
vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on
19 , in accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referndum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19
of the (County)(City)(Town)(Village) of was duly passed by the
on 19_, and was (approved)(not disapproved)(repassed after
Name of Legislative Body
disapproval) by the on 19_ Such local law was subject to
Elective Chief Executive Officer
permissive referendum and no valid petition requesting such referendum was filed as of 19_'
in accordance with the applicable provisions of law.
'Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a
county-wide basis or, if there be none, the chairman of the county legislative body, the mayor of a city
or village, or the supervisor of a town where such officer is vested with the power to approve or veto local
laws or ordinances.
415)
5, (City local law,concerning Charter revision proposed by petition.)
I hereby certify that1he local law annexed hereto, designated as local law No. of 19_
of the City of having been submitted to referendum pursuant to
the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote
of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on .
19 , became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19
of the County of , State of New York, having been submitted to
the electors at the General Election of November 19_, pursuant to subdivisions 5 and 7 of
section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the
qualified electors of the cities of said county as a unit and of a majority of the qualified electors of the towns
of said county considered as a unit voting at said general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropritate certification.)
I further certify that I have compared the preceding local law with the original on file in this office and that
the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted
in the manner indicated in paragraph I above.
Tlerk of the ee#&nly legislative body,49ft,Town or er
or officer designated by local le`ileatire body
(Seat) Date:
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized Attorney of locality.)
STATE OF NEW YORK
COUNTY OF 4'.Iarren
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper
proceedings have been had or taken for the enactment of the local law annexed hereto.
Tni,,,n A
' itle
Mty
CAy of
Town
V.ilr ip
Date: '1mmigt 1 1991
,a sit /A�
r
08/07/91 .�
_ . .
They following mat, rial I•ws been
received
lceided and will be pr'.)l:+"`J >ed for
inclusion in your Code as &upplemoti-tal
paCjtw::-� (where c3pjpli( able) `
Lc,,,; a l L,.�w (,I 7. L 4 91 .
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DATE: 8/6/91 LOCAL LAW(S) NO. YEAR FILING DATE
14 1991 8 2 91
Local Law Acknowledgment
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_DARLEEN M DOUGHER and filed by this office as indicated.
I
TOWN OF QUEENSBURY
TOWN OFFICE BUILDING
531 BAY ROAD
QUEENSBURY NY 12804 Additional local law filing forms will be
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