LL 11 Amend Chapter 179 Zoning NEW YORK STATE DEPARTMENT OF STATE
Lo c a ka w Filing 162 WASHINGTON AVENUE, ALBANY, NY 12231
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("No
Ckov of .........Oueensbury.....................
Town
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Local Law No. ......1.r......................................... of the year 19 92...
A local law ..To.Amend.The.Code.Of-•The.Town.of.nueensbury,,.Chopter.179.„
...........................
(Insert Title) Thereof, Entitled "Zoning"
Beit enacted by the ..........T..o.wn.8.P.Q d.......................................................................................................of the
(Name of Legislative Body)
gl!<IrkV
of Queensbury............................................... .........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 set forth therein as follows :
B. ACCESSORY USE - A use customarily incidental and subordinate
to the character of the permitted principal use or principal
building, and is located on the same lot and within the same
zoning district with such permitted principal use or principal
building. However, an "accessory use" is allowed in two (2)
or more contiguous zoning districts, provided that both the
principal use or principal building and the accessory use is
permitted in each of those zones . The term does not include
housekeeping cottages. The term accessory use applies to a
singular use on a property.
LOT, CORNER - A lot situated at the intersection of two (2) or
more streets or highways . (Special Note: See Lots Bounded by
2 Roads - S179-30. 1)
YARD, FRONT - A yard that extends the full width of the lot
and is situated between the adjacent highway right-of-way or
shoreline and the front line of the building projected to the
side lines of the lot. The depth of the front yard shall be
measured between the front line of the building and the
highway right-of-way line or shoreline. Covered porches or
canopies, whether or not enclosed, shall be considered as part
of the mNin building and shall not project into a required
front yard. (Special Note: See Lots Bounded by 2 Roads -
5179-30. 1)
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS-239 (Rev. 7/90)
YARD, REAR - A yard that extends the full width of the lot and
is situated between the rear line of the lot and the rear line
of the building projected to the side lines of the lot. The
depth of the rear yard shall be measured between the rear line
of the lot and the rear line of the building, including any
covered porches or canopies, whether or not enclosed.
(Special Note: See Lots Bounded by 2 Roads - 5179-30. 1)
YARD, SIDE - A yard that is situated between the side line of
the building and the adjacent side line of the lot and
extending from the rear line of the front yard to the front
line of the rear yard, including any covered porches or
canopied, whether or not enclosed. (Special Note: See Lots
Bounded by 2 Roads - 5179-30 . 1)
SECTION 2 . Chapter 179 of the Code of the Town of Queensbury,
Section 179-12, subparagraph 5 of paragraph C, is hereby amended to
read as follows :
(5) Principal buildings in residential zones . There
shall be no more than one principal building in a
residential zone on any single lot less than two
(2) acres in size. Subdivision approval shall be
required for more than one principal building on
such lot, which shall not be granted if the zoning
district maximum density is not met.
SECTION 3 . Chapter 179 of the Code of the Town of Queensbury,
Section 179-23, subparagraph ( 1) (a) of paragraph D, is hereby
amended to read as follows:
D. ( 1) (a) 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 construction of new buildings or
facilities provided that these are located within
an existing structure, which does not require
expansion of any facility at the site. Provided,
however, that in the Adirondack Park, site plan
review as a class B regional project shall be
required, for any replacement of a use by the same
use after a vacancy of five or more years, or for a
new use which replaces a different use, if such new
or replacement use would otherwise constitute a
class B regional project.
SECTION 4 . Chapter 179 of the Code of the Town of Queensbury,
Section 179-30, paragraph C, is hereby amended to read as follows:
(2)
C. Regulations. As of the effective date of this chapter,
all residential lots fronting on a collector or arterial
road identified herein or any new collector or arterial
roads shall have two (2) times the lot width permitted in
the zone in which the lot is located, except that this
requirement shall not apply under circumstances where
adjoining residential lots exist or are proposed to be
established and 1) the width of each lot meets the
required width of the zone and 2) ingress or egress is
limited to and provided by a single common driveway,
which is documented on a plat and in a written legal
document, which is recordable in the Warren County
Clerk' s Office.
SECTION 5. Chapter 179 of the Code of the Town of Queensbury is
hereby amended to add a new Section following Section 179-30 to be
known as Section 179-30 . 1 and to read as follows :
5179-30. 1 . Lots bounded by 2 roads .
The definitions of front, rear and side yard, notwithstanding,
where a lot is bounded by two roads, any front yard or setback
requirements set forth in this chapter shall be met on both
abutting roads. Both areas or sides of the lot adjacent to each of
the roads shall be considered front yards for chapter compliance
purposes . The two remaining areas or sides of the corner lot, not
considered front yard, shall be considered rear yard. The lot will
be treated as if it had no side yards, but only front and rear
yards for zoning compliance purposes .
SECTION 6 . Chapter 179 of the Code of the Town of Queensbury,
Section 179-38, paragraph C, is hereby amended to read as follows :
C. The establishment, maintenance or operation of the
proposed use would not create public hazards from
traffic, traffic congestion or the parking of vehicles
and/or equipment or be otherwise detrimental to the
health, safety or general welfare of persons residing or
working in the neighborhood or to the general welfare of
the Town. In the review of commercial and industrial
development, where internal roadways are not provided,
the Planning Board shall determine if it is feasible to
link parking areas to allow for an internal flow of
traffic. Where it is feasible a 20 foot connection way
must be provided. If the adjacent property is
undeveloped then a connection way shall be identified on
the site plan for future linkage. The Planning Board
shall also consider interconnection of retail areas to
allow for pedestrian access and circulation.
(3 )
SECTION 7. Chapter 179 of the Code of the Town of Queensbury, is
amended to add a new section following Section 179-66 to be known
as Section 179-66 . 1, and to read as follows :
S179-66 . 1 . Commercial and Industrial Parking Lot and Internal Road
Links .
In the review of commercial and industrial development, where
internal roadways are not provided, the Planning Board shall
determine if it is feasible to link parking areas to allow for
an internal flow of traffic. Where it is feasible a 20 foot
connection way must be provided. If the adjacent property is
undeveloped then a connection way shall be identified on the
site plan for future linkage. The Planning Board shall also
consider interconnection of retail areas to allow for
pedestrian access and circulation.
SECTION 8. Chapter 179 of the Code of the Town of Queensbury, is
amended to delete and repeal Section 179-76 in its entirety and add
a new Section 179-76 to read as follows :
5179-76 . General exception to minimum lot requirements .
The Zoning Ordinance, as it was revised on October 1, 1988,
set forth many new requirements concerning lot area, size,
dimensions, and setbacks . This Section exempts certain lots from
the requirements of the Zoning Ordinance as it currently exists,
and as it existed since October 1, 1988, as follows:
A. Any lot, of record lawfully existing and complying with
the Town of Queensbury Zoning Ordinance on the day prior
to the adoption of the October 1, 1988 Amendment to the
Town Zoning Ordinance, that does not conform to the
revised Zoning Ordinance as it exists on and after
October 1, 1988 " (non-conforming lot of record) " will be
deemed as conforming to required area and/or minimum lot
width requirements of the Ordinance.
B. Development of any non-conforming lots of record which
are located within Planning Board approved subdivisions
shall be considered as complying with the setback
requirements of the revised Zoning Ordinance if the
setback requirements applicable at the time the
subdivision was approved are met.
C. Development of any non-conforming lots of record existing
outside of subdivisions shall comply with the setback
requirements of the revised Zoning Ordinance unless the
Zoning Board of Appeals grants a variance.
(4)
D. Other than as set forth herein, non-conforming lots of
record shall comply with all other requirements of the
Zoning Ordinance.
E. The exemptions set forth in this Section shall not apply
to non-conforming lots in a Critical Environmental Area
and in the Adirondack Park. Development of lots in a
Critical Environmental Area and the Adirondack Park shall
be in accordance with the minimum lot requirements of the
Zoning Ordinance as they exist at the time of
development, and in compliance with the Zoning District
in which such lot is located. In the event that a lot
located within either a Critical Environmental Area or
the Adirondack Park does not comply with the minimum lot
area or minimum lot width requirements and adjoins other
lots in the same ownership, the lots will be treated
together as one lot for zoning purposes .
SECTION 9. Chapter 179 of the Code of the Town of Queensbury, is
amended to delete and repeal Section 179-77, which currently reads
as follows:
S 179-77 . Exemption for lots in approved subdivision.
Any provision in this chapter which establish or increase lot
areas and dimensions or requirements, including but not limited to
setback lines, frontage requirements, new lot 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 said lots for a period of three (3)
years from October 1, 1988, except in areas outside the Adirondack
Park where said requirements shall not be applicable for a period
of four (4) years from October 1, 1988. The lot area and
dimensional requirements set forth in an ordinance of the Town of
Queensbury adopted in 1982 shall be applicable until the expiration
of the aforementioned three-year time period in the Adirondack
Park, and four (4) years in other areas of the town, whereupon the
provisions of this chapter shall be then applicable or controlling.
SECTION 10. Chapter 179 of the Code of the Town of Queensbury, is
amended to delete and repeal Section 179-78, which currently reads
as follows:
S 179-78. Review of preexisting subdivision following exemption
period.
For the purpose of this chapter, subdivisions will be reviewed
for the overall density of the originally approved land area within
said subdivision. This land area shall include all developable
( 5 )
land, including any proposed recreation areas, but excluding public
rights-of-way dedicated for roads and undevelopable land, such as
rock outcrops, wetlands, water bodies, steep slopes or areas of
high water table. See Chapter A183, Subdivision of Land.
SECTION 11 . Chapter 179 of the Code of the Town of Queensbury is
hereby amended by deleting and repealing Section 179-88 in its
entirety and by adding a new Section 179-88 to read as follows :
5179-88 Requirements for Granting Variances .
The Zoning Board of Appeals shall have the powers and
authority to modify any order, requirement, decision,
interpretation, or determination of the Zoning Administrator,
and grant use or area variances in accordance with the
provisions and requirements of Sections 267-a and 267-b of the
Town Law of the State of New York.
SECTION 12 . Chapter 179 of the Code of the Town of Queensbury,
Section 179-91 thereof, is hereby amended by deleting and repealing
paragraphs A and B of Section 179-91 in their entirety and by
adding new paragraphs A, B and C and renumbering old paragraph C to
D, to read as follows :
5179-91 Zoning Board of Appeals Hearing, Decision; APA
Review.
A. The Zoning Board of Appeals shall give such notice
of hearings, hold hearings, and decide applications
presented to it, as may be required or allowed by
Town Law 5267-a and 5267-b.
B. Appeals from a Zoning Board of Appeals decision may
be taken as allowed by Town Law 5267-c.
C. The Adirondack Park shall be considered a party to
variance applications in the Adirondack Park and
shall receive such notice and have such rights of
review as are provided in the Executive Law of the
State of New York and the applicable APA rules and
regulations .
D. For decisions involving lands within the Adirondack Park,
the Board shall notify the Adirondack Park Agency, by
certified mail, of such decision. Any variance granted
or granted with conditions shall not be effective until
thirty (30) days after such notice to the Agency. If,
within such thirty-day period, the Agency determines that
such variance involves the provisions of the Land Use and
Development Plan as approved in the local land use
(6 )
program, including any shoreline restriction, and was not
based upon the appropriate statutory basis of practical
difficulties or unnecessary hardships, the Agency may
reverse the local determination to grant the variance.
SECTION 13. Chapter 179 of the Code of the Town of Queensbury,
Section 179-98, is hereby amended to read as follows :
5179-98. Zoning Administrator.
The Zoning Administrator shall have the power and duty to
administer and enforce the provisions of this chapter. The
Zoning Administrator shall be appointed and may be removed at
the pleasure of the Town Board. An appeal from an action,
omission, decision or rule by him regarding a requirement of
this chapter may be made only to the Zoning Board of Appeals
within sixty (60) days of such decision or action.
SECTION 14 . Chapter 179 of the Code of the Town of Queensbury,
Section 179-104, paragraphs A and B are hereby amended and
paragraph C is deleted in its entirety, to read as follows :
5179-104 . Zoning Permits .
A. Permit required. No building, structure or sign shall be
erected, added to or structurally altered until a permit
therefor has been issued by the Zoning Administrator. No
new use of a building or structure shall be undertaken
until a permit therefor has been issued by the Zoning
Administrator.
B. Submittal requirements . Separate applications for zoning
permits shall not be necessary if a building permit is
applied for. The Zoning Administrator shall review the
building department applications for purposes of zoning
ordinance compliance and shall issue permits by
indicating review and compliance or non-compliance with
the zoning ordinance thereon. In the event a building
permit is not needed, the forms for use of the Zoning
Administrator shall be approved by Town Board resolution.
SECTION 15. Chapter 179 of the Code of the Town of Queensbury,
Section 179-105, paragraphs A and B are hereby amended to read as
follows:
S179-105. Criteria for zoning permits; expiration.
A. Criteria for issuance of zoning permit. The Zoning
(7 )
Administrator shall issue a zoning permit only if he
determines the following:
( 1) The new land use or development complies with any
applicable sanitary codes .
(2) The new land use or development meets the area,
setbacks from property lines, bulk and height
controls and the special shoreline restrictions of
this chapter, unless an area variance has been
granted pursuant to Article XII hereof; and
( 3) The new land use or development has received site
plan approval, if applicable, and if such approval
is subject to conditions to be met prior to the
granting of a permit, that all such conditions have
been met; or
(4) It is a non-permissible use for which a use
variance has been granted pursuant to the terms of
Article XII hereof, and if such grant was subject
to conditions to be met prior to the granting of a
permit, that all such conditions have been met; or
(5) It is a sign, and such sign complies with the
provisions of Chapter 140, Signs .
B. Expiration of zoning permits. If a project for which a
permit has been issued is not under construction within
two hundred seventy (270) days after the issuance of such
permit, said permit shall expire, and the project may not
thereafter be undertaken or continued unless said permit
has been renewed for one hundred eighty ( 180) days
(allowed once) or unless a new permit has been applied
for and issued in the same manner and subject to all
provisions governing the initial application for the
issuance of a permit.
SECTION 16 . Chapter 179 of the Code of the Town of Queensbury, is
hereby amended by deleting and repealing Section 179-106 in its
entirety and Section 179-106 shall be marked as reserved for future
use as follows:
5179-106 . Certificates of occupancy. Reserved for future use.
A. Upon the completion of a building erected or materially
altered for which a building permit has previously been
issued, a certificate permitting the occupancy of the
building and the use designated in the building permit
shall be required, and the building may not be occupied
until such certificate of occupancy has been issued. The
( 8 )
Director of Building and Code Enforcement shall issue
such certificate of occupancy within ten ( 10) days upon
determination that all conditions of the permit
pertaining to that building have been fulfilled.
B. Temporary certificate of occupancy. Upon request, the
Director of Building and Code Enforcement may issue a
temporary certificate of occupancy for a building or
structure or part thereof before the entire work covered
by the building permit shall have been completed,
provided that such portion or portions as have been
completed may be occupied safely without endangering life
or the public safety or welfare. A temporary certificate
of occupancy shall remain in effect for a period not
exceeding three (3) months from its date of issuance.
For good cause, the Director of Building and Code
Enforcement may allow a maximum of two (2) extensions for
periods not exceeding three (3) months each. For
commercial or industrial uses or structures, a bond shall
be required to the extent necessary to complete the
uncompleted work.
SECTION 17 . 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 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 .
(9 )
(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. 11 of 1992
of the (X)0(Wq)(gk-y)(Town)(MKM of Oueensbur
Y was duly passed by the
Town Board on November 23 19 92, in accordance with the applicable provisions of law.
ame of e&IxtiveBody) `
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
Name ofegielative Body
on 19 , and was (approved)(not disapproved)(repassed after
—
disapproval) by the and was deemed duly adopted on 19
(Elective Chief Executive Officer') —
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
Name of Legislative Body
on 19 , and was (approved)(not disapproved)(repassed after
,
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
Name of Legislative Body
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.
( 70 )
�S. (City 10,Ca1 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 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 1 , above.
C
er o ty ems ative body, w n or er
or officer designated by local legilsativ Wy
(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.
� re
Town Attorney
Title
Town
of nueensbury
Date: November 24, 1992
(11)