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LL 11 Amend Chapter 179 Zoning NEW YORK STATE DEPARTMENT OF STATE Lo c a ka w Filing 162 WASHINGTON AVENUE, ALBANY, 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. ("No Ckov of .........Oueensbury..................... Town vimirw 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 Mika 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)