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LL 10 Amend Chapter 179 Zoning NEW YORK TATE OF STATE jtac a Law Filing 162 WASHING TON DEPARTMENT ON AVENUE, ALSANY 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. rfty of ......QutY.eosbury.................... Town ............ ..................... �fil3�x Local Law No. ......1.Q......................................... of the year 19 92... A local law ..To.Amend_The Code.of.the,Town of Queensbury, Chapter 179 (Insert Title) Thereof, Entitled "Zoning" Be it enacted by the ...Town Boord ................................................................................of the ............................................. (Name of Legislative Body) �urxl�y Town of .......Du ensbar,y. .............................................................. ............................................... ....as follows: X.fl#�C�rot SECTION 1 . Chapter 179 of the Code of the Town of Queensbury, Section 179-22, paragraph (D) , is hereby amended to read as follows : D. The following uses are permitted in Plaza Commercial Zones : ( 1) Permitted uses : see Type II uses and accessory uses . All land uses in PC Zones will be subject to site plan review except that allowed accessory uses shall not require site plan review and except that: (a) The substitution of a use for the same use as previously existed on a lot shall not require site plan review. (b) Uses described below which do not require the expansion of new parking areas by more than ten percent ( 10%) of the size of the existing parking area or by five (5) parking spaces, whichever is greater, and/or construction of new building 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. ( 1] Day-care center. [2] Pharmacy or drug store. [3] Stationery store. (4 ] Hardware store. (If additional space is needed, attach pages the same size as this sheet, and number each.) . (1) DOS•239 (Rev. 7/90) [5) Meat or food store. (6 ] Barber or beauty shop. [7 ] Clothing apparel store. (8] Musical instrument and record store. [9] Multifunction department store. ( 10] Sports equipment store. [ 11] Jewelry store. ( 12 ] Travel agency. [ 13] Professional office. [ 14 ] Office building. [ 15] Restaurant. ( 16 ] Television and radio station. [ 17] Retail businesses . ( 18] Post office and mailing services . (2) Accessory uses: (a) Customary accessory uses and accessory use structures incidental to a permitted use or an existing non-conforming residential use. (b) Loading facility. (c) Parking facility. (d) Signs as per Chapter 140, Signs. (e) Nonenclosed 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 ( 1) acres or more. (2) [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 or 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. (3) [ 14 ] Jewelry store. ( 15] Travel agency. [ 16] Professional office. ( 17 ] Office building. [ 18] Restaurant. ( 19 ] Shopping mall/plaza. [20) Television and radio station. (21] Retail businesses . SECTION 2 . Chapter 179 of the Code of the Town of Queensbury, Section 179-23, paragraph (D) , is hereby amended to read as follows : D. The following uses are permitted in Highway Commercial Zones : ( 1) Permitted uses: See Type II Uses and Accessory Uses . All land uses in HC Zones will be subject to site plan review except that allowed accessory uses shall not require site plan review, and except that: (a) The substitution of a use for the same use as previously existed on a lot shall not require site plan review. (b) Uses described below which do not require the expansion of new parking areas by more than ten percent ( 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. [ 1 ] Day-care center. (2] Pharmacy or drug store. [3] Stationery store. (4 ] Hardware store. [5] Meat or food store. (4) [6] Barber- or beauty shop. (7 ] Clothing apparel store. [8] Musical instrument and record store. [9] Multifunction department store. [ 10] Sports equipment store. ( 11] Jewelry store. [ 12] Travel agency. [ 13 ] Professional office. [ 14 ) Office building. [ 15] Restaurant. [ 16] Television and radio station. ( 17 ] Retail businesses . [ 18] Post office and mailing services. (2) Accessory uses: (a) Customary accessory uses and accessory use structures incidental to a permitted use or an existing non-conforming residential use. (b) Loading facility. (c) Parking facility. (d) Signs as per Queensbury Sign Ordinance. (e) Apartments over businesses not exceeding fifty percent (50%) of use. (e) Nonenclosed 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 ( 1) acres ( 5) 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) [ 1] , 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) or more units in an APA moderate-intensity area. (b) Type II : [ 1) Public parking garage. [2] Gasoline station. [3] Drive-in theater. [4 ] Amusement center. (5] Golf driving range. (6] Miniature golf course. ( 6 ) (7 ] Recreation facility operated for profit. [8) Hospital, nursing home and health-related facility. [9] Day-care center. ( 10] Auto repair and 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 3. Chapter 179 of the Code of the Town of Queensbury, Section 179-25, paragraph (D) , is hereby amended to read as follows: D. The following uses are permitted in Neighborhood Commercial Zones : ( 1) Permitted uses : See Type II Uses and Accessory Uses . All land uses in NC Zones will be subject to site plan review except that allowed accessory uses shall not require site plan review. (7 ) (2) Accessory uses: (a) Customary accessory uses and accessory use structures incidental to a permitted use or an existing non-conforming residential use. (b) Private garage. (c) Storage shed. (d) Signs, as per Chapter 140, Signs . (e) Banking facility. ( f) Nonenclosed deck used for restaurant, club, tavern or bar purposes . (3) Site plan review uses : (a) Type I : Commercial uses, including day-care center, restaurant without an alcoholic beverage license, drugstore, pharmacy, stationery store, grocery, meat store, barbershop, beauty shop and professional office greater than ten thousand ( 10,000) square feet in APA moderate-intensity use areas . (b) Type II : [ 1] Gasoline station or facility. [2 ] Professional office. (4 ] Housing units in combination with a commercial facility (i.e. , apartment over store) . [5) Day-care center. (6 ] Restaurant without alcoholic beverage license. [7] Drugstore pharmacy. [8] Stationery store. [9 ] Grocery or meat store. [ 10] Barber- and beauty shop. SECTION 4 . Chapter 179 of the Code of the Town of Queensbury, Section 179-26, paragraph (D) , is hereby amended to read as follows: (8) D. The following uses are permitted in Light Industry Zones: ( 1) Permitted uses: See Type II Uses and Accessory Uses . All land uses in LI Zones will be subject to site plan review except that allowed accessory uses shall not require site plan review. (2) Accessory uses : (a) Customary accessory uses and accessory use structures incidental to a permitted use or an existing non-conforming residential use. (b) Signs, according to Chapter 140, Signs . (c) Nonenclosed deck used for restaurant, club, tavern or bar purposes. (3) Site plan review uses: (a) Type I : Construction of new facilities which meet or exceed any of the following thresholds or the expansion of existing facilities by more than fifty percent (50%) of the following thresholds, provided that the expansion and the existing facilities, when combined, meet or exceed any threshold contained in this section: ( 1] A project or action which involves the physical alteration of ten ( 10) acres or more. [2 ] A project or action which would use ground and/or surface water in excess of two million (2,000,000) gallons per day. [3] Any action which takes place wholly or partially within or substantially contiguous to any critical environmental area. (b) Type II : ( 1] Freight terminal . [2] Extraction of sand, stone or gravel . (3] Restaurant. [4) Building supply/lumberyard and similar storage yard. [5) Any light manufacturing, assembly or other industrial or research operation meeting the (9) requirements of this chapter. (6] Warehouse for enclosed storage of goods and materials, distribution plants or wholesale business. [7 ] Laboratory. (8] Office building, in excess of ten thousand ( 10,000) square feet. [9) Truck repair facility. ( 10] Heavy machinery repair facility. [ 11] Television and radio station. [ 12 ] Construction company. [ 13] Logging company. [ 14] Heavy equipment storage. [ 15] Heavy equipment sales . ( 16] Agricultural service use. ( 17) Passenger limousine and/or bus storage and terminal facility. SECTION 5 . Chapter 179 of the Code of the Town of Queensbury, Section 179-27, paragraph (D) , is hereby amended to read as follows: D. The following uses are permitted in Heavy Industry Zones: ( 1) Permitted uses: See site plan review, Type II and Accessory Uses . All land uses in HI Zones will be subject to site plan review except that allowed accessory uses shall not require site plan review. (2) Accessory uses : (a) Customary accessory uses and accessory use structures incidental to permitted uses or an existing non-conforming residential use. (b) Signs, according to Chapter 140, Signs. (3) Site plan review uses : (10) (a) Type I : Construction of new facilities which meet or exceed any of the following thresholds or the expansion of existing facilities by more than fifty percent (50%) of the following thresholds, provided that the expansion and the existing facilities, when combined, meet or exceed any threshold contained in this section: ( 1] A project or action which involves the physical alteration of ten ( 10) acres or more. (2] A project or action which would use ground and/or surface water in excess of two million (2,000,000) gallons per day. [3] Any action which takes place wholly or partially within or substantially contiguous to any critical environmental area. [4 ] Parking for one thousand ( 1,000) vehicles . (5) A facility with more than two hundred forty thousand (240,000) square feet of gross floor space. (b) Type II : [ 1] Large-scale manufacturing. [2 ) Sand and gravel processing. [3] Cement manufacturing. [4 ] Asphalt plant. (5] Chemical processing. [6] Fuel supply or fuel depot. (7 ] Railroad facility, including repair or service. [8] Electric power plant. [9 ] Enclosed batch plants . [ 10] Junkyard. SECTION 6 . Effective Date. In accordance with the provisions of Municipal Home Rule Law (11) 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 or summary thereof, as may be required or allowed 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. ( 12 ) f (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. 10 of 19 92 of the (5igmsji -J(,Qjkty)(Town)(Wkxgvt) of Ouee sbury was duly passed by the Q on November 23 19 92, 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'.) 1 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 Legis ative ody disapproval) by the and was deemed duly adopted on 19_ (Elective Chief ExecutiveOfficer*) 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 referudum.) 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 Name of Legia aliveody on 19_, and was (approved)(not disapproved)(repassed after 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. ( 13) 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the 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 approprltate 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 1 above. erk o t emnty legislative y, y, oern o er or officer designated by local legilsativ y (Seal) Date: November 24, 1992 (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 Warren 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. i e Town Attorney Title Town of O.ueensbury Date: November 24, 1997 ( 14 )