LL 01 Repealing Chapter 179 & Replacing with New Zoning Local Law Filing NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET,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.
Cxi4my
CW QUEENSBURY
Town
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1 ______------ of the year 20-02_
Local Law No------------------------- y
To Amend The Queensbury_ Town_�_Code_ by__ Replealing__Existing_Chapter_179 "Zoning"
A local law-------------------------------------
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and Rep1aceing:.It With A New Chapter 179 "Zoning"
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Be it enacted by tl1 __ Town Board -_-_--__; ___ of the
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Queensbury---------------------------------------- as follows:
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SECTION;1. The Queensbury Town Code is hereby amended by repealing-the:existing.,.
`Chapter. 175 'entitled "Zoning" and replacing it with a new Chapter 179 entitled "L omng" as.,_,,.
-attached.Be it enacted I)N� Lhe
...._
SECI'ION'2. The invalidity of any clause, sentence,paragraph or provi�on of this Local
La rsW 1 kVa.idate any other clause,sentence;paragraph or part thereof.
; iC,'T ON 3. All Local Laws or ordinances or parts of Local,Laws .m. ,&UM&W in
contli %ith any part of this Local Law are hereby repealed.
SECTION 4. This Local Law shall take effect immediately upon filing m the Office of the
New York Secretary of State as provided m New York Municipal Home Rule Law§27.
(If additional space is needed,attach pages the same size as this sheet,and number_:each.)
DOS-239(Rex-11/*)'—. . ..;�.
Zoning Ordinance
Town of Queensbury
Adopted April 1, 2002
i
I
t
Town of Queensbury '
742 Bay Road
Queensbury, New York 12804
(2)
Town of Queensbury Zoning Ordinance
Table of Contents
ARTICLE I General Provisions........................................................................................2
§ 179-1-010 Title and Statutory Authority......................................................................2
§ 179-1-020 Purpose and Objectives...............................................................................2
§ 179-1-030 Compliance Required;More Restrictive Provisions to Prevail..................2
§ 179-1-040 Authority of Adirondack Park Agency.......................................................3
§179-1-050 Severability...................................................................................................3
ARTICLE2 Definitions.....................................................................................................4
§ 179-2-010 Definitions and Word Usage.......................................................................4
ARTICLE 3 Zoning Maps and Zoning Districts.............................................................41
§ 179-3-010 Map Adopted.............................................................................................41
§ 179-3-020 Interpretation of District Boundaries.........................................................41
§ 179-3-030 Adirondack Park Land Use and Development Plan Map.........................42
§ 179-3-040 Purpose and Establishment of Zoning Districts........................................42
ARTICLE 4 Schedule of Regulations...............................................................................45
§ 179-4-010 General Interpretation and Application of Regulations............................45
§ 1794-020 Schedule of Permitted Uses.......................................................................46
§ 179-4-030 Schedule of Area and Bulk Requirements................................................47
§ 179-4-040 Parking and Loading Regulations.............................................................48
§ 179-4-050 Mobile Home Overlay Districts................................................................ 51
§ 179-4-060 Travel Corridor Overlay Districts.............................................................51
§ 179-4-070 Shoreline Setbacks....................................................................................52
§ 179-4-080 Minimum Water Frontage.........................................................................52
§ 179-4-090 Frontage on Public Streets......................................................................... 52
§ 179-4-100 Lots Bounded by Two Roads or a Road and a Shoreline..........................52
Article 5 Supplementary Regulations.....................................................
§ 179-5-010Intent..........................................................................................................53
§ 179-5-020 Accessory Structures.................................................................................53
§ 179-5-030 Agricultural Uses.......................................................................................54
§ 179-5-040 Conversion of Seasonal Dwelling Units...................................................55
§ 179-5-050 Docks and Moorings.................................................................................55
§ 179-5-060 Fences........................................................................................................57
§ 179-5-070 Golf Course Driving Ranges................:....................................................58
§ 179-5-080 Home Occupations................................................................................... 58
§ 179-5-090 Minimum Floor Area................................................................................60
§ 179-5-100 Multiple-family Dwellings........................................................................60
§ 179-5-110 Sanitary Requirements in Waterfront Residential DistriUs.....................61
§ 179-5-120 Satellite Receiving Antennas....................................................................61
§ 179-5-130 Telecommunication Towers............................................:.........................62
§ 179-5-140 Tourist Accommodations..........................................................................70
§ 179-5-150 Trash Receptacles...................................................................................... 70
§ 179-5-160 Bed-and-Breakfast....................................................................................71
(3)
§ 179-5-170 Mining and Excavation............................................................................71
Article 6. Environmental and Performance Standards......................................................74
§ 179-6-010 Clear-Cutting and Grading.......................................................................74
§ 179-6-020 Lighting.....................................................................................................74
§ 179-6-030 Odor..........................................................................................................75
§ 179-6-040 Particulates and Smoke............................................................................76
§ 179-6-050 Radiation..................................................................................................76
§ 179-6-060 Shoreline and Wetland Regulations.........................................................76
§ 179-6-070 Soil and Erosion Control..........................................................................79
§ 179-6-080 Stormwater Runoff................................................................................... 81
§ 179-6-090 Vibration...................................................................................................82
§ 179-6-100 Wetlands Regulations...............................................................................82
Article7 Design Guidelines..............................................................................................88
§ 179-7-010 Establishment and Intent..........................................................................88
§ 179-7-020 Modification of Guidelines...................................................................... 88
§ 179-7-030 Main Street Corridor................................................................................ 88
§ 179-7-040 Bay Road Corridor....................................................................................96
§ 179-7-050 Route 9 Corridor........................................................................................98
§ 179-7-060 Route 149 and Bay Road......................................................................... 100
§ 179-7-070 Route 149 and Ridge Road...................................................................... 102
Article 8 Landscaping and Buffering Standards............................................................. 104
§ 179-8-010 General Provisions................................................................................. 104
§ 179-8-020 Applicability............................................................................................ 104
§ 179-8-030 Recommended Tree List......................................................................... 104
§ 179-8-040 Multi-Family and Non-Residential Landscaping Requirements............ 105
§ 179-8-050 Types of Buffer Zones Between Uses.................................................... 108
§ 179-8-060 Description of Buffer Types.................................................................... 108
§ 179-8-070 Additional Buffering Requirements........................................................ I W
§179-8-080 Landscaping of Dedicated Streets,Medians or Other Public Rights-Of-
Way..................................................................................................................... 109
§ 179-8-090 Tree and Root Protection Standards........................................................ 109
ARTICLE 9 Site Plan Review....................................................................................... 111
§ 179-9-010 Purpose.................................................................................................... 111
§ 179-9-020 Applicability............................................................................................ 111
§ 179-9-030 Authority to Approve and Disapprove.................................................... III
§ 179-9-040 Pre-application Conference..................................................................... 112
§ 179-9-050 Application for Site Plan Review............................................................ 112
§ 179-9-060 Fees.......................................................................................................... 112
§ 179-9-070 Procedure................................................................................................. 112
§ 179-9-080 Requirements for Approval..................................................................... 114
§ 179-9-090 Financial Security...........................................................4....................... 116
§ 179-9-100 Development Considerations.................................................................. 116
ARTICLE 10 Special Use Permits.................................................................................. 118
§ 179-10-010 Intent...................................................................................................... 118
§ 179-10-020 Delegation to the Planning Board......................................................... 118
§ 179-10-030 Application and Review Procedures..................................................... 118
(4)
§ 179-10-040 Fees........................................................................................................ 121
§ 179-10-050 General Standards for Special Use Permits.......................................... 121
§ 179-10-060 Specific Standards for Special Use Permits.......................................... 122
§ 179-10-070 Expiration.............................................................................................. 124
§ 179-10-080 Revocation ofPermit............................................................................. 124
§ 179-10-090 Enforcement.......................................................................................... 124
ARTICLE11 Clustering................................................................................................ 125
§ 179-11-010 Authorization......................................................................................... 125
§ 179-11-020 Purpose.................................................................................................. 125
§ .179-11-030 Objectives............................................................................................. 125
§ 179-11-040 Standards............................................................................................... 125
§ 179-11-050 Procedures............................................................................................. 127
§ 179-11-060 Unit Types............................................................................................. 128
§ 179-11-070 Review of Plans..................................................................................... 128
§ 179-11-080 Filing of Plat;Notations........................................................................ 128
ARTICLE 12 Planned Unit Development(PUD)......................................................... 129
§ 179-12-010 Intent and Objectives............................................................................ 129
§ 179-12-020 General Requirements........................................................................... 130
§ 179-12-030 Considerations....................................................................................... 131
§ 179-12-040 Common Property in the Planned Unit Development........................... 132
§ 179-12-050 Applications and Zoning Approvals..................................................... 132
§ 179-12-060 Changes in Plan..................................................................................... 135
§ 179-12-070 Staging................................................................................................... 136
§ 179-12-080 No Construction Until Requirements Met............................................ 136
§ 179-12-090 Financial Security.................................................................................. 136
§ 179-12-100 Expiration.............................................................................................. 136
§ 179-12-110 Filing..................................................................................................... 136
§ 179-12-120 Fees........................................................................................................ 136
ARTICLE 13 Nonconforming Uses Structures and Lots............................................... 137
§ 179-13-010 Continuation.......................................................................................... 137
§ 179-13-020 Discontinuance...................................................................................... 137
§ 179-13-030 Change in Use....................................................................................... 138
§ 179-13-040 Completion of Structures...................................................................... 138
§ 179-13-050 Destruction............................................................................................ 138
§ 179-13-060(Reserved)............................................................................................. 138
ARTICLE14 Variances................................................................................................. 139
§ 179-14-010 Purpose.................................................................................................. 139
§ 179-14-020 Authorization to Grant or Deny............................................................ 139
§ 179-14-030 Application for Variance....................................................................... 139
§ 179-14-040 Requirements for Granting Variances................................................... 139
§ 179-14-050 Referrals.............................
§ 179-14-060 Review of Application by Other Agencies. .......................................... 140
§ 179-14-070 Zoning Board of Appeals Hearing, Decision;APA Review................. 140
§ 179-14-080 Criteria.................................................................................................. 141
§ 179-14-090 Expiration of Variance.......................................................................... 142
ARTICLE 15 Amendments........................................................................................... 143
(5)
§ 179-15-010 Purpose................................................................................................. 143
§ 179-15-020 Referrals............................................................................................... 143
§ 179-15-030 Public Hearing,Decision..................................................................... 143
143
§ 179-15-040 Records of Amendments......................................................................§ 179-15-050 Notice................................................................................................... 3
14414
ARTICLE 16 Administration........................................................................................
§ 179-16-010 Zoning Administrator........................................................................... 144
§ 179-16-020 Planning Board...................................................................................... 144
§ 179-16-030 Zoning Board of Appeals...................................................................... 144
§ 179-16-M Required Records.................................................................................. 145
§ 179-16-050 Appeals................................................................................................. 145
§ 179-16-060 Petition,Application and Appeal Forms.............................................. 145
§ 179-16-070 Fees....................................................................................................... 145
§ 179-16-080 Notice of Public Hearing...................................................................... 146
§ 179-16-090 Zoning Permits..................................................................................... 146
§ 179-16-100 Criteria for Zoning Permits;Expiration............................................... 146
§ 179-16-110 (Reserved)............................................................................................ 147
§ 179-16-120 Site Inspections.................................................................................... 147
ARTICLE17 Enforcement............................................................................................ 148
§ 179-17-010 Penalties for Offenses............................................................................ 148
§ 179-17-020 Alternative Remedies........................................................................... 148
§ 179-17-030 Stop-work Orders................................................................................. 148
§ 179-17-040 Misrepresentation................................................................................. 149
§ 179-17-050 Complaints........................................................................................... 149
ARTICLE 18 APA and Regional Project Review..................................................... 150
§ 179-18-010 Purpose.................................................................................................. 150
§ 179-18-020 Criteria for Review of Class A Regional Projects................................. 150 -
§ 179-18-030 Planning Board Authority Regarding Class A Regional Projects......... 151
§ 179-18-040 Class A Regional Projects..................................................................... 151
§ 179-18-050 Class B Regional Projects..................................................................... 151
§ 179-18-060 Regional Project Review Criteria.......................................................... 151
ARTICLE 19 ACCESS MANAGEMENT..................................................................... 152
§179-19-010 Commercial Driveway Standards........................................................... 152
§ 179-19-020 Residential Lots Abutting Collector or Arterial Roads.........................154
ARTICLE 20 General Exceptions................................................................................. 156
§ 179-20-010 General Exception to Minimum Lot Requirements.............................. 156
§ 179-20-020 Exemption for Certain Property to be Purchased by the Town or Owned
by Certain Government Organizations............................................................... 156
ARTICLE21 Appendices.............................................................................................. 158
§ 179-21-010 Appendix A:APA Class A Regional Projects..................................... 158
§ 179-21-020 Appendix B: APA Class B Regional Projects....................................... 164
§ 179-21-030 Appendix C:APA Regional Project Review Criteria.......................... 167
List of Tables
(6)
Table 1 Summary of Allowed Uses in Residential Districts 46A
Table 2 Summary of Allowed Uses in Commercial Districts 46B
Table 3 Summary of Allowed Uses in Industrial Districts 46C
Table 4 Summary of Dimensional/Bulk Requirements 47A-C
Table 5 Parking Requirements 49A-C
List of Figures
Figure 1 Building Height 10A
Figure 2 Setbacks for Waterfront Lots 51A
Figure 3 Fences 57A
Figure 4 Fence Locations 57B
Figure 5 Main Street Layout 94A
Figure 6 Main Street Elevation 94B
Figure 7 Bay Road Office Park Layout 97A
Figure 8 Preliminary Commercial Design Guidelines Bay Road 97B
Figure 9 Route 9 Large Building Layout 98A
Figure 10 Lower Route 9 Layout 98B
Figure 11 Upper Route 9 Streetscape 98C
Figure 12 Lower Route 9 Streetscape 98D
Figure 13 Rt. 149 and Bay Road Layout 101A
Figure 14 Preliminary Commercial Design Guidelines
Rt. 149 and Bay Road 101 B
Figure 15 Adirondack Architectural Theme Perspective 101 C
Figure 16 Adirondack Architectural Theme Sample Monument
Sign Single User 1011)
Figure 17 Adirondack Architectural Theme Sample Monument
Sign Single User 101 E
Figure 18 Adirondack Architectural Theme Sample Monument
Sign Single User 10117
Figure 19 Adirondack Architectural Theme Sample Monument
Sign Multiple Users 101 G
Figure 20 Adirondack Architectural Theme Sample Monument
Sign Multiple Users 101H
Figure 21 Rt. 149 and Ridge Road Layout 102A
Figure 22 Preliminary Commercial Design Guidelines Typical Section
@ Rt. 149 102B
Figure 23 Interior Landscape Parking Lot Requirements 107A
Figure 24 Exterior Landscape Parking Lot Requirements 107B
Figure 25 Landscape Strips Along Streets Requirements 107C
Figure 26 Vertical landscape Requirements 107D
Figure 27 Buffer Yard Layout 108A
Figure 28 Existing Tree Protection Detail 110A
(7)
&e—vbary Zoning Ordinance
Last Revised March 26,2002
GENERAL REFERENCES
Cemeteries--See Ch. 65.
Building construction-- See Ch. 88.
Flood damage prevention— See Ch.91.
Junkyards— See Ch. 102.
Land use applications and time limits— See Ch. 105.
Mobile homes— See Ch. 113.
Dedication of parkland--See Ch. 124,Art. I.
Sewers and sewage disposal--See Ch. 136.
Signs—See Ch. 140.
Zoning-Subdivision Review— See Ch. 178.
Zoning Board of Appeals--See Ch. 181.
Subdivision of land—See Ch.Al 83.
(8)
Queensbury Zoning finance
Lost Revised March 26,2002
ARTICLE 1 General Provisions
§ 179-1-010 Title and Statutory Authority
A. This chapter shall be known as the "Town of Queensbury Zoning Ordinance." The
Town of Queensbury is hereinafter referred to as the"town."
B. Enactment of this chapter by the town is pursuant to Article 16 of the Town Law of
the State of New York and Article 27 of the Executive Law of the State of New
York the Municipal Home Rule Law.
§ 179-1-020 Purpose and Objectives
A. The purpose of this chapter is to promote the health, safety and general welfare of
the community and to provide for a variety of housing opportunities and densities
and protect the property values and aesthetics of the community by channeling and
directing growth by regulating and restricting the height, appearance, number of
stories and size of buildings and other structures,the percentage of a lot that may be
occupied, the size of the yards, courts and other open spaces, the density of
population and the location and use of buildings, structures and land for trade,
industry, residence and other purposes, to the maximum extent permissible within
the proper exercise of the police power as delegated by the Town Law and the
authority which may be exercised by towns pursuant to the Municipal Home Rule
Law.
B. It is the further purpose and objective of this chapter to ensure optimum overall
conservation, protection, development and use of the unique scenic, aesthetic,
wildlife, recreational, open space, historic, ecological and natural resources of the
town, support the overall objectives of the Town's Comprehensive Land Use Plan,
and to satisfy the criteria for approval by the Adirondack Park Agency of a local
land use program pursuant to Section 807, Subdivision 2, of the Adirondack Park
Agency Act,for the area of the town within the Adirondack Park.
§ 179-1-030 Compliance Required;More Restrictive Provisions to Prevail
No land use or development shall be undertaken or maintained except in conformity with
all provisions contained in this chapter relating to both the zoning district and the land
use area in which the land, water, site, structure or use is located or is proposed to be
located and in conformity with the permit requirements of Article 16, Administration.
Where this chapter is more restrictive than covenants or agreements between parties or
other plans or other rules or regulations or ordinances or the Adirondack Park Agency
Act,the provisions of this chapter shall control.
(9)
Queensbury Zoning On*—ce
Last Revised March 26,2002
§ 179-1-040 Authority of Adirondack Park Agency
Nothing in this chapter shall be deemed to supersede, alter, enlarge or impair the
jurisdiction of the Adirondack Park Agency, pursuant to the Adirondack Park Agency
Act, to review and approve, approve subject to conditions and disapprove those land uses
and developments and subdivisions of land defined therein as "Class A Regional
Projects," or otherwise to supersede, alter or impair the statutory functions, duties and
responsibilities of the Agency with regard to matters involving a town in which an
Agency-approved local land use program has been validly adopted or enacted, provided
that the Adirondack Park Agency cannot, in the context of its Class A Regional Project
review, override a local decision not to permit a given land use or development.
§179-1-050 Severability
The provisions of this chapter are severable. If any Article, section, subdivision or
provision of this chapter shall be invalid, such invalidity shall apply only to the Article,
section, subdivision or provision adjudged invalid, and the rest of this chapter shall
remain valid and effective.
r
(ZQ)
Queensbury Zoning Ordinance
last Revised March 26.2002
ARTICLE 2 Definitions
§ 179-2-010 Definitions and Word Usage
A. For the purpose of this chapter and Chapter A183, Subdivision of Land,words used
in the present tense include the future tense, the plural includes the singular, the
word "lot" includes the word "plot," the word "building" includes the word
"structure," the word "shall" is intended to be mandatory, the word "occupied"
includes the words "designed and occupied"or"intended to be occupied."
B. Words not defined by this ordinance shall have their common meaning as defined
by the most recent version of Webster's Abridged Dictionary.
C. As used in this chapter or in the Appendixes thereto, unless the context otherwise
requires,the following terms shall have the meanings indicated:
A-WEIGHTED SOUND LEVEL: The sound pressure level in decibels as measured on a
sound level meter using the A-weighting network. The level so read is designated dB(A)
or dBA.
ABANDONMENT: An intent to abandon or to relinquish and some overt act, or some
failure to act which carries the implication that the owner neither claims nor retains any
interest in the building or use that is the subject matter of the abandonment. A non-
conforming use that is abandoned for more than 18 months shall be required to conform
to the requirements of this chapter. (see Article 13, Nonconforming Uses, Structures and
Lots).
ACCESS DRIVE: A paved or unpaved surface, other than a street, which provides
vehicular access from a street or private road to a lot.
ACCESS MANAGEMENT: The process of providing and managing reasonable access
to land development while preserving the flow of traffic in terms of safety, capacity, and
speed.
ACCESSORY STRUCTURE: A building or structure subordinate and clearly incidental
to the principal building on the same lot and used for a purpose customarily incidental to
those of the principal building.
ACCESSORY USE: A use customarily incidental and clearly subordinate to the main use
or building and located on the same lot therewith. In no case shall such accessory use
dominate, in area, extent or purpose, the principal use or building. Examples of
customary residential accessory uses include storage sheds less than 500 square feet in
size, garages less than 900 square feet in size, swimming pools, tennis courts,basketball
courts, paddleball courts and other outdoor athletic courts, decks and patios and fences.
Examples of customary commercial accessory uses include parking lots, loading areas,
(11)
Queensbury Zoning Ordinance
Last Revised March 26,2002
dumpsters and electrical transformer pads. The term does not include housekeeping
cottages.
ADIRONDACK PARK AGENCY ACT — Article 27 of the Executive Law of the State
of New York,including any future amendments thereto.
ADIRONDACK PARK AGENCY (APA) -- The Adirondack Park Agency created by §
803 of Article 27 of the Executive Law of the State of New York.
ADIRONDACK PARK AGENCY LAND USE AREA — Those areas delineated on the
official Adirondack Park Land Use and Development Plan Map adopted under Article 27
of the Executive Law of the State of New York and designated thereon as "hamlet,"
"moderate-intensity use," "low-intensity use," "rural use," "resource management" and
"industrial," and such portions of those areas as are located within the Town of
Queensbury and delineated on the Adirondack Park Land Use and Development Plan
Map incorporated by§ 179-3-030 hereof.
ADIRONDACK PARK or PARK-- Land lying within the area described in Subdivision
1 of § 9-0101 of the Environmental Conservation Law of the State of New York,
including any future amendments thereto.
ADJACENT AREA — Any land in the Town of Queensbury immediately adjacent to a
freshwater wetland lying within one hundred (100) feet, measured horizontally, of the
boundary of a freshwater wetland.
ADULT USE ESTABLISHMENT -- Any business enterprise or adult entertainment
establishment having a substantial or significant part of its operations depicting or
relating to "specified sexual activity or specific anatomical areas" (as defined below) for
observation by patrons therein.
A. Specified sexual activities:
1. Human genitals in a state of sexual stimulation or arousal;
2. Acts of human masturbation, sexual intercourse or sodomy;
3. Fondling or other erotic touching of human genitals, pubic region, buttock or
female breast.
B. Specified anatomical areas:
1. Less than completely and opaquely covered human genitals, pubic region,
buttocks or female breast below a point immediately above the top of the areola;
2. Human male genitals in a discernibly turgid state,whether or not covered.
(12)
Queensbury Zoning Ordinance
Last Revised March 26,2002
A substantial or significant portion of its stock in trade shall be determined to exist if
either more than 20 percent of its gross sales receipts comprise items described in A or B
hereof or that more than 20 percent of the net square footage of the establishment is
dedicated to the display of advertising of items described in A or B hereof.
AGRICULTURAL SERVICE USE -- Any milk processing plant, feed storage supply
facility, storage and processing facility for fivits, vegetables and other agricultural
products or similar use directly and customarily related to the supply and service of an
agricultural use.
AGRICULTURAL USE -- Any management of any land for agriculture: the raising and
keeping of cows,horses, pigs, poultry and/or other livestock; truck gardens; horticulture;
silviculture or orchards, including the sale of products grown or raised directly on such
land and including the construction, alteration or maintenance of fences, agricultural
roads, agricultural drainage systems and farm ponds.
AGRICULTURAL USE STRUCTURE -- Any building or structure directly and
customarily associated with agricultural use.
ALLEY--A public or private right-of-way which is narrow, generally less in width than
a general street, not designed for general travel, which is used primarily as a means of
access to the rear of residences and business establishments and which, generally affords
only a secondary means of access abutting along its length. An alley is not a road as that
term is defined by Town Law.
ALTERATION -- As applied to a building or structure, a change or rearrangement in the
structural parts or in the existing facilities or an enlargement, whether by extending on a
side or by increasing in height or the moving from one location or position to another.
AMENDMENT -- A change in text of any portion of this zoning ordinance and/or a
change in use in a district, which necessitates revisions to the zoning text and/or the
official zoning map.
AMUSEMENT CENTER -- An indoor or outdoor facility, which may include structures
and buildings, where there are various devices for entertainment, including rides and
booths for the conduct of games and buildings for shows and entertainment. The
definition includes amusement uses, but is not limited to, miniature golf, go-karts (or
riding areas for dirt bikes or ATVs),skating facilities,arcades and batting cages.
ANIMAL HUSBANDRY -- A branch of agriculture concerned with the production and
care of domestic animals.
ANTENNA -- A system of electrical conductors that transmit or receive radio frequency
waves. Such waves shall include but not be limited to radio navigation, radio, television,
wireless and microwave communications. The frequency of these waves generally range
from 10 hertz to 300,000 megahertz.
(13)
Quem"ry Zoning Ordinance
Lost Revised March 26,2002
APARTMENT HOUSE -- A building arranged in single dwelling units and intended or
designed to be occupied by three or more families living independently of each other,
which building may or may not have common services and entrances,and which units are
rented.
AREA,BUILDING-- The total areas taken on a horizontal plane at the main grade level
of the principal building, exclusive of uncovered porches or decks,terraces and steps.
AREA OF SHALLOW FLOODING -- A designated AO, AH or VO Zone on a
community's Flood Insurance Rate Map (FIRM) with a one-percent-or-greater annual
chance of flooding to an average annual depth of one (1)to three(3) feet where a clearly
defined channel does not exist, where the path of flooding is unpredictable and where
velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
AREA OF SPECIAL FLOOD HAZARD -- The land in the floodplain within a
community subject to a one-percent-or-greater chance of flooding in any given year.This
area may be designated as Zone A, AE, AH, AO, AI-A30,A99, V, VO, VE or V1-V30.
It is also commonly referred to as the "base floodplain"or"one-hundred-year floodplain."
AREA,LAND--The total area within the property lines,excluding the external streets.
AREA REGULATIONS -- The regulation of building size, setbacks or yards, parking
and loading requirements or similar regulations which are not related to a specific land
use,but excluding performance standards.
ASPHALT PLANT -- A facility where oil products, stone and/or sand are assembled to
produce asphaltic material and may include sand and gravel processing activities.
ASSEMBLY OPERATION/USE -- A facility where products or articles are assembled
and said goods or services are consumed or used at another location.
ATTIC -- That space of building which is immediately below, or wholly or partially
within, the roof framing. An attic with a finished floor shall be referred to as a "half
story"in determining the permissible number of stories.
AUTO BODY/REPAIR SHOP -- Any building, premises and/or,land in which or upon
which the primary use is a business which involves the service, maintenance or repair of
automobiles, and other small vehicles under 2 %tons and motors, including the repair of
the body or frame of an automobile, including painting, straightening, sanding and
welding, within an enclosed structure and in which the sale of materials is clearly
incidental to the primary use. '
AUTOMOTIVE, AUTO or MOTOR VEHICLE -- Any use pertaining to motor vehicles
and other heavy machinery. "Auto" or "automotive" may be used to describe an auto
body/repair shop, automobile service station,etc.
(14)
Queensbury Zoning Ordinance
Last Revised March 26,2002
AUTOMOTIVE SALES AND SERVICE:Any area of land, including structures thereon,
that is used for the retail sale of motor vehicles and accessories which may or may not
include Auto Body/Repair Shop services.
BANK — An institution which deals in money and credit, and in which money and/or
other valuables may be deposited for safekeeping.
BAR-- See"TAVERN."
BARBER/BEAUTY SHOP -- A building or structure utilized for the shaving, cutting,
styling, or treating of hair and including, either as an incidental use or the primary use,
related cosmetic and/or beauty services such as manicures, pedicures, facials and the
retail sales of cosmetic products.
BARN -- A structure which is principal to agricultural uses and which is used for the
housing of animals,such as horses, goats,sheep,chickens,cows or pigs,or their food and
forage, such as hay, grains and straw, and equipment used to implement the agricultural
use,such as a tractor,manure spreader,planter,etc.,as an accessory use.
BASAL AREA—Cross sectional area of a tree measured at breast height(typically 4.5 ft.
above grade),used as a method of measuring the volume of timber in a given stand.
BASEMENT -- A story of a building which is partly underground, but having less than
half(1/2)of its height above the average level of the adjoining ground.
BED-AND-BREAKFAST--A use having a resident host in a single-family residence in
which accommodations and a morning meal are provided. Such use is secondary to the
occupancy of the dwelling by a family.
BERM -- A small hillock or rise in grade, generally high enough to visually screen
headlights from automobiles or trucks on adjacent properties.
BERTH--The place where a vessel lies when at anchor or at a wharf.
BOATHOUSE--A structure which has direct access to a body of navigable water and:
1. Is used for the storage of vessels and associated equipment;and
2. Does not have bathroom or kitchen facilities and is not designed or used for
lodging or residency.
BOAT STORAGE, PRIVATE -- A place, site or structure used to park, house or store,
on any one lot,two or fewer vessels, except canoes,rowboats and sailboats under 18 feet
owned by the property owner.
(15)
Queensbury Zoning Ordinance
Last Revised March 26,2002
BOND or LETTER OF CREDIT — A written agreement issued by a qualified agent or
banking organization which guarantees either the performance of a certain agreed-upon
activity or an equivalent consideration if the activity is not completed as required.
BOUNDARIES OF A FRESHWATER WETLAND -- The outer limit of wetland as
depicted on a freshwater wetland map prepared by NYSDEC, APA, or Federal Agency
(US ACOE)as recognized by the Town of Queensbury.
BUFFER ZONE -- A strip of land covered with sufficient permanent planting(generally
consisting of both trees and shrubs) to provide a continuous physical screen to mitigate
conflicts of land use between two or more areas. No parking or storage of vehicles of any
kind or objects within the buffer zone is permitted.
BUILDING — Any structure which is permanently affixed to the land, is covered by a
roof supported by columns or by walls and is intended for shelter,housing or enclosure of
persons,animals or chattels. (See"structure.")
BUILDING FLOOR AREA,TOTAL--
1. The combined area of:
a. All floors of the primary structure and covered porches, as measured from
outside walls, including the basement when at least three feet in height of
one wall is exposed and the space meets the requirements for living space as
described in Section 711 and 712 of the New York State Building Code.
b. Detached storage buildings greater than 100 square feet, and detached
garages.
2. Excluded from "building floor area" are open decks, docks and that portion of
covered docks which extend into the water and one storage shed of 100 square
feet or less. Any additional sheds will be included. (See "FLOOR AREA
RATIO").
BUILDING HEIGHT -- The vertical distance measured from the lowest portion of the
natural grade of the building site coverage by the building or finished grade of cut
required to accommodate the building to the highest point of the structure. The
measurement is exclusive of church spires, cupolas, chimneys, ventilators, cooling
towers, mechanical equipment or similar features customarily carried above roof level.
These features shall not exceed an aggregate coverage of twenty-five percent (25%) of
the roof area on which they rest. The measurement of building height is illustrated by
Figure 1.
BUILDING LINE -- A line formed by the intersection of a horizontal plane of average
grade level and a vertical plane that coincides with the exterior surface of the building on
any side. In the case of a cantilevered section of a building, the vertical plane will
coincide with the most projected surface. All yard requirements are measured to the
"building line", except open steps that provide access to the ground floor or basement of
(16)
Queensbwy Zoning Ordinance
Last Revised March 26,2002
the building, and eaves, which may project 18"into the required yard setback." (See
"setback.")
BUILDING SQUARE FOOTAGE--
I. Residential: the area in square feet within the exterior walls of a dwelling unit,
not including attached garages,porches,decks, etc.
2. Commercial or industrial: the total area in square feet within the exterior walls
of a building or structure,and when applicable,the sum total of all floor areas of
the principal and accessory buildings or structures under single ownership or
business.
BUILDING SUPPLY/LUMBERYARD -- A business with or without a building or
structure utilized for the storage of building and construction materials and equipment for _
sale, either retail or wholesale.
BULK REGULATIONS -- Standards that control the height, mass area and location of
structures.
BUS STORAGE FACILITY — An area, which may or may not be enclosed, in which
buses are stored and maintained for daily use.
CALIPER: The measurement of the size in inches of a tree's think diameter taken at 4.5
feet above the ground elevation.
CAMPGROUND -- Any area designated for transient occupancy by camping in tents,
camp trailers, motor homes, truck-cap campers or pickup campers or similar facilities
designated for temporary shelter. An individual (or temporary structure or vehicle) may
not occupy a campground for more than 120 days in any calendar year.
CAMPSITE -- An individual site designed to accommodate transient occupancy by
camping in a tent, camp trailer,motor home, truck-cap camper,pickup camper or similar
temporary shelter.
CANOPY -- A permanent rooflike structure, either freestanding or connected to a
principal building or accessory building. Such structure shall be set back from the
adjoining property line in accordance with the requirements established for principal
buildings in the zone in which said canopy is located. Awnings utilized to adhere to a
design guideline may be exempt from the setback.
(17)
Queewbwy Zoning Ordinance
Adopted April 1,2002
BUILDING HEIGHT
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FROM THE HIGHEST POINT OF A BUILDING OR STRUCTURE TO FINISHED GRADE AT
ANY POINT ADJACENT TO THE BUILDING OR STRUCTURE AND AS MEASURED AT
ANY POINT ADJACENT TO THE STRUCTURE ALONG THE SAME CONTOUR.
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(18)
Queembury Zoning Ordinance
Adopted April],2002
CAR WASH -- A service business where automobiles are cleaned and in which
accessory products may be sold.
CEMENT MANUFACTURING — The process by which alumina, silica, lime, iron
oxide, and magnesium oxide are burned together in a kiln and finely pulverized. Cement
is a product used as an ingredient of mortar and concrete.
CEMETERY -- A burial place or ground operated and maintained by a church, private
entity or a governmental agency, which can include a crematorium and aboveground
storage vaults.
CENTRAL PRIVATE UTILITY -- A sewage or water system which serves a
development project and which is paid for with nonpublic funds and without special
district taxation.
CHEMICAL PLANT — A facility where chemicals are manufactured, including the
storage of raw and finished products.
CHURCH— See PLACE OF WORSHIP
CLASS A REGIONAL PROJECT-- A land use or development which is classified and
defined in Article 21 and § 179-21-010 of this chapter and Section 810, Subdivision 1, of
the APA Act;only applicable within the Adirondack Park.
CLASS A REGIONAL SUBDIVISION-- A subdivision which is classified and defined
as such in Chapter A183, Subdivision of Land; only applicable within the Adirondack
Park.
CLASS B REGIONAL PROJECT-- A land use or development which is classified and
defined in Article 21 and § 179-21-020 of this chapter and Section 810, Subdivision 2,of
the APA Act;only applicable within the Adirondack Park.
CLASS B REGIONAL SUBDIVISION-- A subdivision which is classified and defined
as such in Chapter A183, Subdivision of Land; only applicable within the Adirondack
Park.
CLEAR-CUTTING (Within the Adirondack Park}-Any cutting of trees over six inches
in diameter at breast height over any 10-year cutting cycle where the average residual
basal area of such trees after cutting is less than 30 square feet per acre, measured within
the area harvested.
CLEAR CUTTING—A stand in which is essentially all trees have been removed in one
operation. See Section 179-6-010.
(19)
Queensbury Zoning Ordinance
Adopted April 1,2002
CLEAR-VISION ZONE—An area at all corners of intersecting roads or road junctions,
consisting of a triangular area defined by the point of intersection of the right-of-way
lines and the two points extended along such lines for a distance of 35 feet from any
intersection,and in which obstructions higher than three feet are prohibited.
CLUB--See"LODGE".
CLUSTER DEVELOPMENT -- A planned development in which the lots are plotted
with less than the minimum lot size and dimensional requirements but which have access
to common open space which is a part of the overall development plan.
CO-LOCATION -- The siting and/or mounting of multiple antennas used by the same
wireless communications services provider or by two or more competing providers on the
same telecommunications tower.
COMMERCIAL BOAT SALES/SERVICE/STORAGE --A place, site or structure used
to park,house or store, on any one lot, three or more vessels, except canoes, rowboats or
sailboats under 18 feet, including any rental of private residential docks. The definition
includes the commercial maintenance and repair of boats.
COMMERCIAL USE —Activity involving the sale of goods and/or services carried out
for profit.
COMMERCIAL USE, TRANSIENT AND/OR TEMPORARY -- Any commercial use
where retail display is principally outdoors, such as sidewalk sales, or within temporary
structures, including tents. Said use is typically seasonal, not a principal part of a
commercial establishment operating from the same site and facility year round. Such use
shall not include community-based religious or civic groups or organizations.
COMMON FACILITIES —Complementary structures and/or improvements located on a
common open space appropriate for the benefit and enjoyment of the space by the public
or members of the controlling association or condominium.
COMMON OPEN SPACE -- A parcel or parcels of land or an area of water or a
combination of land and water designated and intended for the private or public use of
enjoyment of the space and which may include such appurtenant structures that are
necessary to enhance the enjoyment of the space.
COMPREHENSIVE LAND USE PLAN — The materials, written and/or graphic,
including but not limited to maps,charts,studies,resolutions,report and other descriptive
material that identify the goals, objectives, principles, guidelines, policies, standards,
devices and instruments for the immediate and long-range protection, enhancement,
growth and development of the town located outside the limits of any incorporated
village or city.
(20)
Queensbury Zoning Ordinance
Adopted April 1,2002
CONDOMINIUM DEVELOPMENT -- A project of individual dwelling units or
commercial, manufacturing or industrial units which may consist of one, a part of or
more than one structure wherein the dwelling units are individually owned, each owner
holding a title thereto, while retaining, together with all the other owners of units in the
project, an undivided interest in the common facilities and areas of the buildings and
grounds which are used by all the residents, through an offering prospectus. All
condominium developments shall be reviewed as a subdivision.
CONDOMINIUM UNIT--An individual dwelling unit, or a commercial, manufacturing
or industrial unit,within a condominium development.
CONSTRUCTION COMPANY-- Businesses related to the construction trade, including
but not limited to paving companies, bricklayers, septic tank cleaning companies, well
drillers, installation and building companies and similar businesses where machinery,
equipment, supplies and materials are stored and maintained for use or installation at
another location.
CONSTRUCTION PLAN -- The drawings showing the location, profile and size of
sewers, drains, water mains, pavements and other details of construction as specified in
Chapter A183, Subdivision of Land.
CONTINUOUS CRIB WHARF -- Any wharf which is supported along its entire length
by cribbing.
CONTRACTUAL ACCESS -- The right of a nonresident of a parcel or lot to use such
parcel or lot as a means to utilize some feature or resource, where said right is granted to
a nonresident through membership in an organization or club or by legal contract or deed
stipulation.
CONVENIENCE STORE -- A retail establishment offering for sale pre-packaged food
products, household items, newspapers and magazines, sandwiches and other prepared
foods, generally for off site consumption, but which may offer limited seating without
wait service.
CONVENTION CENTER -- A facility offering meeting rooms and providing support
activities to those meeting rooms, such as food preparation and not including lodging.
CRITICAL ENVIRONMENTAL AREA (CEA) — An area designated by the Town of
Queensbury pursuant to the New York State Environmental Conservation Law having
exceptional or unique environmental characteristics. Projects undertaken in a CEA may
be subject to a more detailed environmental review as determined by the reviewing entity
in order to evaluate the project's potential negative impacts on the designated area. The
reviewing entity will consider the impact of such actions on the specific environmental
characteristics contained in the designation of the CEA.
(21)
Queensbury Zoning Ordinance
Adopled April 1.2002
CROSS ACCESS: --A service road or driveway providing vehicular access between two
or more contiguous sites so the driver need not enter the public road system.
CROSSWALK or WALKWAY -- An accessway designed for pedestrian traffic and
dedicated to public use.
CUL-DE-SAC -- A minor street with one end open for public access and the other
terminating in a vehicular turnaround,or also "dead-end street".
DAY CARE CENTER—A use where professional child daycare service are offered for
seven (7) or more children depending on age, for more than(3)hours a day but less than
twenty-four (24) hours a day that is operated as a principal or accessory use by an
individual, organization or agency licensed by the New York State Department of Social
Services or through other applicable State regulations.
DAY CARE HOME-- -A dwelling unit use licensed by the New York State Department
of Social Services or through other applicable State regulations wherein child day care
services are provided for up to ten(10) children of all ages, including not more than four
(4) children under two (2) years of age or up to twelve (12) children where all such
children are over two (2)years of age. Such day care homes shall include family daycare
homes and group-family day care homes.
DEVELOPMENT -- Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining, dredging, filling,
paving, excavation or drilling operations or storage of equipment or materials.
DINER-- See"RESTAURANT."
DIRECTOR OF BUILDING AND CODE ENFORCEMENT -- An individual
empowered by the town to administer the provisions of these regulations, except as
specified otherwise herein.
DISTRIBUTION CENTER--A facility used to store and dispense products or articles to
another location. The definition includes a freight or trucking terminal.
DOCK—Any structure,whether affixed or floating,placed in or upon a lake,pond,river,
stream or brook and which provides a berth for watercraft and/or a means of pedestrian
access to and from the shoreline. This shall include boathouses,piers,wharfs, crib docks,
stake docks,floating docks and all such similar structures.
DOCK, COMMERCIAL — A dock or portion of a dock generally, but not necessarily,
connected to the uplands which accommodates more than three vessels, except canoes or
rowboats and sailboats under 18 feet.
DOCKOMINIUM FACILITY -- A multi-boat slip docking facility in which each boat
slip is individually owned. For up to a total of three boats,it shall be a private dock.
(22)
Quee-bury Zoning Ordinance
Adopted April/,2002
DOCK, PRIVATE -- A wharf or portion of a wharf extending along the shore and
generally connected to the uplands which accommodates up to three vessels owned by
the property owner,except canoes and rowboats and sailboats under 18 feet.
DOCK REPAIR -- Normal maintenance or replacement of up to 75% of the total dock
area. See Section 179-5-050,Docks and Moorings.
DOCK REPLACEMENT -- Replacement of a dock to an extent greater than 75%. See
Section 179-5-050,Docks and Moorings.
DRIP-LINE -- An imaginary vertical line extending from the outermost portion of the
tree canopy or roof line to the ground.
DRIVE-IN THEATER — An open lot devoted primarily to the showing of motion
pictures or theatrical productions on a paid admission basis to patrons seated in
automobiles. A drive-in theater may include a refreshment stand as an accessory use.
DRIVEWAY: -- Any entrance or exit used by vehicular traffic to or from land or
buildings abutting a road.
DRIVEWAY, SHARED —A driveway connecting two or more contiguous properties to
the public road system.
DUPLEX or DWELLING, TWO-FAMILY -- A detached building containing two
dwelling units that are attached by a common wall
DWELLING, SEASONAL -- One dwelling unit not used for permanent residence and
not occupied for more than six months in each year.
DWELLING UNIT -- A building or portion thereof providing complete housekeeping
facilities for one family.
EASEMENT -- Deeded authorization by a property owner for the use of any part of his
property.
ENCLOSED SHOPPING CENTER -- A group of architecturally unified commercial
establishments built on a site which is planned, constructed and managed as a complete
operating unit that is enclosed and roofed, with access to tenant areas generally oriented
toward interior corridors. (See Use Tables in Article 4).
ENCROACHMENT -- The part of a structure which intrudes into ad easement, setback
or dedicated right-of-way or property line.
ELECTRIC POWER PLANT — A facility where electric power is produced for
transmission across the power grid.
(23)
Qu—bwy Zoning Ordinance
Adopied April 1,2002
EROSION-- The wearing away of the land surface by rain, flowing water, wind or other
geological or mechanical chemical agents.
ESSENTIAL PUBLIC SERVICES -- Underground or overhead gas, electrical or water
transmission or distribution systems or sewer systems, including poles, wires, mains,
drains, sewers,pipes, conduits, cables, fire alarm boxes,police call boxes, traffic signals,
hydrants,manholes and other similar equipment and accessories in connection therewith,
reasonably necessary for the furnishing of adequate service by public utilities or the town
or other governmental agencies for the public health,or safety or the general welfare.
EXCAVATION -- Any extraction from the land of more than 20 cubic yards of sand,
gravel, clay, shale, rock, topsoil or other natural mineral deposits. (See "commercial sand
and gravel extraction.")
EXISTING TALL STRUCTURE -- A structure over 50 feet in height measured at its
tallest point which is existing on the date an application for placement of
telecommunications equipment is submitted.
EXPANSION -- Any growth of activity which requires the enlargement of facilities,
including buildings, parking spaces, storage yards or any other facilities which are
required to accommodate such growth.
FAMILY -- One or more persons occupying the premises and living as a single
housekeeping unit, as distinguished from a group occupying a boardinghouse, lodging
house,club, fraternity or hotel.
FARM -- Any parcel of land used for agricultural, horticultural or silvicultural use,
including any structure,building or residence which is incidental to the permitted use.
FAST FOOD ESTABLISHMENT -- An establishment whose principal business is the
sale of pre-prepared or rapidly prepared food/meals directly to the customer in a ready-to-
consume state for consumption either within the establishment or off the premises. A
fast-food establishment may include a drive-thm window.
FENCE --A barrier consisting of material(s)assembled, constructed or erected at a fixed
location on the ground or attached to the ground. "Fence" does not include a hedge or
similar barrier composed of growing vegetation or a manmade berm.
FESTIVAL PARKING ALTERNATE DESIGN — An alternate design for off-street
parking lots that does not require planted divider strips or planted traffic,islands or similar
structures to passively control vehicles moving across the parking lot. The Planning
Board may allow this design for certain uses that may be seasonal .or where vehicle
circulation is actively managed by parking attendants.
FIRING RANGE -- A facility either out of doors or within a building which is designed
to accommodate the discharge of firearms and usually includes targets or skeet launchers.
(24)
Que—bury Zoning Ordinance
Adopted Apri11,2002
FLOOR AREA RATIO (FAR) -- The relationship of building size to lot size, derived by
dividing the total building square footage (see "building floor area") by the lot size in
square feet,yielding a percentage.
FORESTRY USE -- Any management, including logging, or a forest, woodland or
plantation and related research and educational activities, including the construction,
alteration or maintenance of wood roads, skidways, landings, fences and forest drainage
systems.
FOREST USE STRUCTURE — Any barn, shed, garage or research, educational or
administrative building directly and customarily associated with forestry use.
FRESHWATER WETLANDS -- Lands and waters lying within the boundaries of the
Town of Queensbury,as shown on a freshwater wetlands map.
FRESHWATER WETLANDS MAP -- A map depicting the boundaries of any
freshwater wetland and which has been filed with the Clerk of the Town of Queensbury
by the State Department of Environmental Conservation, Adirondack Park Agency or
other agency having jurisdiction in the regulation of wetlands, as such map may from
time to time be amended.
FUEL SUPPLY DEPOT -- A facility which stores gasoline products for distribution to
off-site locations.
FUNCTIONAL CLASSIFICATION: --A system used to group public roads into classes
according to their purpose in moving vehicles and providing access to abutting
properties.
FUNCTIONALLY DEPENDENT USE -- A use which cannot perform its intended
purpose unless it is located or carried out in close proximity to water, such as a docking
or port facility necessary for the loading and unloading of cargo or passengers,
shipbuilding and ship repair facilities. The term does not include long-term storage,
manufacturing,sales or service facilities.
FUNERAL HOME -- A building used for the preparation of the deceased for burial and
the display of the deceased and ceremonies connected therewith before burial or
cremation,but not including facilities for cremation.
GALLERY -- A structure or building utilized for the display of art work including
paintings or sculptures for sale to the public. '
GAME PRESERVE -- A land area used for the protection of wildlife;usually because of
its unique natural character,which provides habitat,food or shelter for wildlife.
(25)
Queensbury Zoning Ordinance
Adopted April 1,2002
GARAGE, PRIVATE PARKING -- An accessory building or structure, attached or
detached, used primarily to shelter no more than three automobiles, provided that such
garage may be used to shelter only one commercial vehicle, but in no event shall such
commercial vehicle exceed 1 1/2 tons' capacity. No business, occupations or services for
profit shall be conducted therein, and such garage shall not exceed 900 square feet in
area. (See"PARKING AREA,PRIVATE").
GARAGE, PUBLIC -- Any garage, other than a private garage, which is used for the
storage of motor vehicles.
GASOLINE STATION -- A lot occupied or used for the sale of oil or other motor fuel,
and which may include the sale of lubricants, tires and accessories for motor vehicles,
including facilities for greasing, washing, cleaning, polishing or otherwise servicing
vehicles,but not including painting or major repairing thereof.
GOLF COURSE — A tract of land for playing golf, improved with tees, greens,
fairways, hazards and may include clubhouses, shelters, bathroom, restaurant and tavern
facilities. A golf driving range is a permitted accessory use to a golf course within the
RC-15 and RC-3A districts.
GOLF DRIVING RANGE — A tract of land on which golf balls are hit for practice in
exchange for a fee or consideration.
GRADING -- The physical alteration of the contours of land in connection with a
development project. Minor alteration for landscaping purposes or to improve drainage
on individual residential properties does not constitute grading.
GREENHOUSE -- A building whose roof and sides are made largely of glass or other
transparent or translucent material and in which the temperature and humidity can be
regulated for the cultivation of delicate or out-of-season plants for subsequent sale or
personal enjoyment. A greenhouse in excess of 300 square feet shall be regulated as a
commercial nursery.A greenhouse under 300 square feet shall be considered accessory to
a residential use.
GROSS LEASABLE FLOOR AREA (GLA) -- The total floor area designed for tenant
occupancy and exclusive use, including kiosk, expressed in square feet and measured
from the center line of joint partitions and from the inside faces of exterior walls;
provided, however, that "gross leasable area" shall not include common mall area, exit
corridors, service corridors, storagelmaintenance areas, elevators, escalators or other
common or public places.
d
GROUP CAMP -- Any land or facility for housing and recreational, educational or
business-related uses by private groups or semipublic groups, such as boy or girl scout
camps. The definition includes the terms"camp"and"day camp".
(26)
Qu—bury Zoning Ord—ice
Adopted April 1,2002
HEALTH-RELATED FACILITY -- A building or site used for the treatment of illness,
disease, injury, deformity and other abnormal physical or mental conditions, including
rehabilitation activities, and which is operated by individuals in the health industry
licensed by the State of New York. All hospitals and institutions specializing in medical
treatment, physical and mental therapy (including alcohol and drug treatment), and
assisted living for all ages are considered to be health-related facilities. A health related
facility may include related facilities, such as offices, laboratories, outpatient facilities or
training facilities. The definition includes the terms `nursing home" and "convalescent
homes".
HEAVY EQUIPMENT STORAGE/SALES/SERVICES --A lot utilized for the purposes
of storage, rental, sales and service of farm and heavy equipment and machinery,
including logging equipment, tractor trailers and related farm and heavy transportation
equipment such as bulldozers, backhoes, engines, compressors, trucks over 2 1/2 tons,
tractors,construction equipment and other heavy machinery,vehicles or motors.
HEAVY INDUSTRY— Manufacturing and processing operations that may involve the
exterior storage of goods and materials as well as of finished products.
HIGHEST ADJACENT GRADE -- The highest natural elevation of the ground surface,
prior to construction,next to the proposed walls of a structure.
HISTORIC DISTRICT--A district or zone, including zones which may be designated by
the Town and which may include overlay districts, or which may be designated by the
state or federal government within which the buildings, structures, appurtenances and
places are of basic and vital importance because of their unique architectural style and
scale, including color, proportion, form and architectural detail; or because of their being
a part of or related to a square, park, or site area, the design or general arrangement of
which should be preserved and/or developed according to a fixed plan based on cultural,
historical,archaeological or architectural motives or purposes.
HISTORICAL SITES AND STRUCTURES-- Any historic site or structure which is on
the State or National Registers of Historic Places or as is officially recognized by the
town.
HOME OCCUPATION — A domestic or service activity conducted entirely within the
dwelling unit and carried on by the inhabitants thereof, which use is clearly incidental
and secondary to the use of the residence for residential purposes, and does not change
the character thereof. A home occupation is an accessory use to a residential use as
regulated under section 179-5-080.
HOMEOWNERS' OR PROPERTY OWNERS' ASSOCIATION -- A contract agreed to
by owners of homes or properties in an area that provides regulations for the operation
and maintenance of individual properties and/or commonly owned facilities and/or open
space as acknowledged or approved by the NYS Attorney General's Office. This term
(27)
Qeensbt ry Zoning Ordinance
Adopted Apri11,2002
shall include the terms "Homeowner's Association", "Condominium Association" and
similar terms.
HORIZONTAL ILLUMINENCE -- The measurement of brightness from a light source,
usually measured in footcandles or lumens, which is taken through a light meter's sensor
at a horizontal position.
HOTEL-- See"MOTEL".
HOUSEKEEPING COTTAGE--A single detached rental unit for transient occupancy.
HUNTING AND FISHING CABIN--A cabin, camp or lean-to or other similar structure
designed for occasional occupancy for hunting,fishing or similar purposes.
IMPERVIOUS AREA -- All areas covered by buildings, pavement or other permanent
impermeable surface, but not including stored merchandise such as cars and
manufactured housing.
IN EXISTENCE--With respect to any land use or development,including any structure,
that such use or development has been substantially commenced or completed.
INFILL -- A vacant lot between two other lots where there already exists a principal
building on each.
INTERMITTENT STREAM -- A naturally occurring stream which carries water only
during the wet season(s) of the year or during heavy rainstorms and which might be dry
for extended periods. See RUNOFF.
JUNK VEHICLE -- Any unregistered, used motor vehicle or vessel, no longer in
condition for legal use on public highways or waterways.
JUNKYARD -- Any open lot or area for the dismantling, storage or sale of motor
vehicles, as parts, scrap or salvage, or more than two unregistered or wrecked motor
vehicles,machinery,scrap metal,wastepaper,rags,used or salvaged building materials or
other discarded materials.
KENNEL -- An establishment to house dogs, cats, and other household pets where
grooming, breeding, boarding, training or selling of animals is conducted as a business.
The occasional sale of puppies, kittens or other offspring from household pets shall not
be considered a kennel.
r
LAKE GEORGE PARK COMMISSION — New York State Agency formed under
Article 43 of the Environmental Conservation Law responsible for administration and
enforcement of Lake George Park regulations and associated rules and regulations within
the Lake George Park.
(28)
Queensbury Zoning Ordinance
Adopted April 1,2002
LAND CLEARING -- The excavation, cutting, removal, alteration, destruction or
clearing of perennial or annual vegetation,including trees,or the disturbance of soil.
LANDSCAPE -- All the natural features, such as fields, hills, forests, water, etc., that
distinguish one part of the earth's surface from another part, including all of its natural
characteristics.
LANDSCAPE PLAN — A plan of sufficient detail to describe proposed changes in the
topography,structures,vegetation and visual characteristics of the landscape.
LANDSCAPING -- The act of changing or enhancing the natural features of a plot,
buffer zone, public open space or other area or portion of a lot (often as a beautifying
feature of a building or land use) so as to make said area more attractive, to add visual
screening and/or to provide safety features and to assist in protecting life and property.
This may be accomplished by adding lawns, trees, shrubs, etc., or through the sculpting
of the terrain, i.e., earth berms, ponds, walkways, retaining walls, rock outcrops, etc.,
and/or installing lights, light poles, flagpoles, fences and traffic malls for the direction of
traffic. This does not include any man-made object that exceeds the maximum height
requirement for a structure in the zone district in which it is located. Landscaping is
subject to approval by the Town of Queensbury Planning Board where site plan review is
required and subject to review by the Adirondack Park Agency where a project is
classified as a Class A or Class B Regional Project.
LAND USE or DEVELOPMENT or USE -- Any construction or other activity which
materially changes the use or appearance of land or a structure or the intensity of the use
of land or a structure. "Land use" and "development" shall exclude any landscaping or
grading which is carried out for landscaping or drainage improvement on an existing
single-family dwelling/lot. Ordinary repairs or maintenance or interior alterations to
existing structures or uses shall also be excluded from the terms "land use" or
"development."
LIGHT MANUFACTURING -- Low intensity manufacturing uses that are conducted
indoors and which do not involve exterior storage of raw materials or finished products.
Such uses may include showrooms for the sale of finished products. Light manufacturing
should be distinguished from heavy industry since its primary activity is assembly of
finished materials,not processing.
LINE, STREET or ROAD -- The dividing line between the street property line and the
lot.
LOADING FACILITY -- A part of the site or building exclusively designed for the
loading or unloading of merchandise or freight, including a platform,.loading space or
dock area.
(29)
Queensbury Zoning Ordinance
Adopted April 1,2002
LOADING SPACE, OFF-STREET-- One loading space for merchandise or freight shall
constitute an area not less than 12 feet in width and 30 feet in length, with a vertical
clearance of 15 feet or more.
LOCAL ADMINISTRATOR -- The person appointed by the community to administer
and implement this chapter by granting or denying development permits in accordance
with its provisions. This person is often the Code Enforcement Officer, Building
Inspector or employee of an engineering department.
LOCAL GOVERNMENT--A city,county,town or village.
LODGE -- A building used to house a social, fraternal or service organization or group
not organized or conducted for profit and which is not adjunct to or operated by or in
conjunction with a public tavern, cafe, or other place of business. A lodge shall not have
associated any vending stands,merchandising or commercial activities except as required
for the membership and purposes of such club. This definition includes the terms"club",
"fraternal lodge(s)", "fraternity house"and"sorority house".
LOGGING— See"TIlVIBER HARVESTING".
LOGGING COMPANY -- Business associated with the harvesting of timber, logging or
other forest management activities where equipment, supplies, machinery and materials
are stored and maintained for use at another location.
LOT -- A parcel or portion of land separated from other parcels or portions by
description, as on a subdivision map,survey map or by metes and bounds, for the purpose
of sale,lease or separate use.
LOT, BUILDING -- The land occupied or capable of being occupied by a building and
its accessory buildings or by a dwelling group and its accessory buildings, together with
such open spaces as are required under the provisions of this chapter,having not less than
the minimum area and width required by this chapter for a lot in the district in which such
land is situated and having its principal frontage on a street or on such other means of
access as may be adequate as a condition of the issuance of a building permit for a
building on such land.
LOT, CORNER -- A lot situated at the intersection of two or more streets or highways.
(Special Note: See § 179-4-100, Lots Bounded by Two Roads or a Road and a
Shoreline.)
LOT COVERAGE -- The portion of a lot that is covered by the mhximum horizontal
cross section of all principal and accessory buildings, paved parking lots and other non-
permeable surfaces.
LOT DEPTH -- The mean horizontal distance between the front and rear lot lines,
measured along the median between the two side lot lines.
(30)
Qm—bury Zoning Ordinance
Adopted Apri11,2002
LOT FRONT LINE -- The lot line which abuts upon a street or highway right-of-way
boundary. A lot with frontage on two roads shall be considered to have two front lot
lines, and a lot with frontage on a road and a shoreline shall be considered to have a front
and a shoreline setback. (See Article IV Schedule of Regulations and Lots Bounded by
Two Roads or a Road and a Shoreline in§ 1794-100.)
LOT LINE--The established division line between different parcels of property.
LOT REAR LINE--The lot line opposite and most distant from the front lot line.
LOT, THROUGH -- An interior lot having frontage on two parallel or approximately
parallel streets.The term also refers to a"double frontage lot".
LOT WIDTH--The average distance between the side lot lines of the lot.
MAJOR PUBLIC UTILITY USE -- Any electric power transmission or distribution line
and associated equipment of a rating of more than 15 kilovolts which is one mile or more
in length; any telephone interchange or truck cable or feeder cable which is one mile or
more in length;any telephone distribution facility containing 25 or more pairs of wire and
designed to service a new residential subdivision; any television, cable television, radio,
telephone or other communication transmission tower, any pipe or conduit or other
appurtenance used for the transmission of gas, oil or other fuel which is one mile or more
in length; and any electric substation, generating facility or maintenance building and any
water or sewage pipes or conduits designed to service 50 or more principal buildings.
MANUFACTURED HOME--See"MODULAR HOME".
MANUFACTURED HOME PARK OR SUBDIVISION -- A parcel (or contiguous
parcels)of land divided into two(2)or more manufactured home lots for rent or sale.
MARINA,CLASS A--Any facility which provides services or berthing places for
vessels by engaging in any of the following:
(1)the sale of marine products or services,except for such sale as part of a dry land
facility which does not quick launch vessels or regularly service vessels berthed on the
waters of Lake George;
(2)the sale,lease,rental or charter of vessels of any type;
(3)the operation of a boat launch; '
(4)the offering of rides,instruction or water-based recreation for a fee;
(5)the operation of a quick launch facility servicing the waters of Lake George
regardless of the location where the vessels are stored;or
(31)
Queensbury Zoning Ordinance
Adopted Apri11,2002
(6)the storage,berthing or mooring of two or more motorized vessels and/or
non-motorized vessels 18 feet in length or more not registered to the owner of the
property,regardless of remuneration or profit,except:
(i)the use of residential or association docks,wharfs or moorings by the owner
of the facility,the owner's family or the owner's gratuitous guest,or such use by a person
as part of the single family residential rental of a residence or a residential unit which
includes the use of a dock,wharf or mooring;
(ii)docks,wharfs and moorings used as an accessory use to a hotel,motel,inn,
housekeeping cottage,campground or recreational vehicle park,used exclusively by
registered guests;
(iii)docks,wharfs, and moorings used as an accessory use to a restaurant,used
exclusively by patrons while dining at such restaurant; and
(iv)docks,wharfs and moorings used exclusively by persons engaged in the sale
of fishing products or the sale and service of SCUBA products. The exceptions provided
herein shall not apply to facilities which are otherwise engaged in any of the services or
activities set forth in paragraphs(1)-(5)of this subdivision.
MARINA,CLASS B —Any dock,wharf or mooring made available for use by any
person as a berthing place for one motorized vessel or one non-motorized vessel 18 feet
in length or more not registered to the owner of the property,regardless of remuneration
or profit,except:
(1)the use of residential or association docks,wharfs or moorings by the owner of
the facility,the owner's family or the owner's gratuitous guest,or such use by a person as
part of the single family residential rental of a residence or a residential unit which
includes the use of a dock,wharf or mooring;
(2)docks,wharfs used as an accessory use to a hotel,motel,inn,housekeeping
cottage,campground or recreational vehicle park,used exclusively by registered guests;
(3)docks,wharfs, and moorings used as an accessory use to a restaurant,used
exclusively by patrons while dining at such restaurant; and
(4)docks,wharfs and moorings used exclusively by persons engaged in the sale of
fishing products or the sale and service of SCUBA products.
MEAN HIGH-WATER MARK -- The average annual high-water level of a body of
water.
(32)
Quembury Zoning Ordinance
Adopted Apri!1,2002
MEAN HIGH-WATER MARK OF LAKE GEORGE — The fixed annual mean high-
water elevation of 320.2 feet above mean sea level.
MEAN LOW-WATER MARK OF LAKE GEORGE -- The water elevation of 317.74
feet above mean sea level.
MINERAL EXTRACTION--Any extraction, other than specimens or samples from the
land of stone, coal, salt, ore, talc, granite, petroleum products or other materials, except
for commercial sand, gravel or topsoil extractions, including the construction, alteration
or maintenance or mine roads,mine tailing piles or dumps and mine drainage.
MINERAL EXTRACTION STRUCTURE -- Any mine hoist; ore reduction,
concentrating, sintering or similar facilities and equipment; or administrative buildings,
garages or other main buildings or structures.
MIXED USE--The presence of multiple uses within the same complex,building,parcel,
district or zone.
MOBILE HOME -- Any vehicle or similar portable structure or any part thereof or
addition thereto,with or without a foundation or wheels,jacks,skirting, wood or masonry
block supports, designed or constructed to be towed on its own chassis (comprised of
frame and wheels), driven or otherwise transported to its resting site and which is
designed to permit occupancy for residential, business, commercial or office purposes.
Such will include units that may contain parts that may be folded, collapsed or telescoped
when being towed and expanded later, as well as two or more separate components
designed to be joined into one integral unit, but excluding modular or manufactured
homes. (See "single-family dwelling."). See § 179-4-050 of this Chapter for `Mobile
Home Overlay Districts' and Chapter 113,Mobile Homes.
MOBILE HOME COURT--A parcel of land planned and improved for the placement of
two or more dependent or other mobile homes for continuous occupancy; to conform to
town ordinances.
MOBILE HOME PARK -- A parcel of land under a single deed ownership which is
designed and improved for the placement of two or more mobile home units thereon.
MOBILE HOME SALES—A tract of land on which mobile homes are sold.
MOBILE HOME, TRANSIENT -- A mobile home or temporary residence such as a
camp travel trailer or a tent.
{
MODULAR HOME -- Any building comprised of two or more sections, with or without
their own chassis, capable of being transported to their building site and permanently
joined into one integral unit which is indistinguishable in appearance from a
conventionally built home, including but not limited to a sloped roof and permanent
foundation. The definition includes the term"Manufactured Home".
(33)
Que-bury Zoning Ordinance
Adopted April 1,2002
MOORING -- Any anchor, chain, buoy, pennant or other object by which a vessel is
secured at one point.
MOTEL — A facility offering transient lodging accommodations for a daily rate to the
general public in which no provision is made for cooking in any individual room or suite,
except that such facilities may be provided in facilities designated as "housekeeping
units", "housekeeping cabins", or other similar terminology. A motel may provide
additional services such as restaurants, conference and recreational facilities. Outdoor
athletic courts and facilities and swimming pools are permitted accessory uses to a motel.
The definition includes the terms"hotel","inn"and a"bed and breakfast"with more than
10 rooms.
MOTOR HOME-- See"TRAVEL TRAILER".
MOVIE THEATER--A place where motion pictures are shown to the public for a fee.
MULTIPLE-FAMILY DWELLING -- Any building used or designed as a residence for
three or more families, living independently of each other and doing their own cooking
therein, including but not limited to apartment houses, townhouse developments, certain
condominium developments and the conversion of existing single-family
dwellings.NONCONFORMING LOT -- Any lot lawfully on record on the effective date
of this chapter which does not meet the minimum lot area and/or lot width or depth
requirements of this chapter for the zoning district in which such lot is situated.
NONCONFORMING STRUCTURE -- Any structure which is lawfully in existence
within a given zoning district on the effective date of this chapter but which is not in
conformance with the dimensional regulations for that zoning district.
NONCONFORMING USE -- Any use which is in existence within a given zoning
district on the effective date of this chapter but which is not a permitted, accessory, site
plan or special permit use for that zoning district, as listed in the Schedule of Regulations
in Article 4 hereof,or a use for which a use variance had previously been granted.
NURSERY -- Land or greenhouses used to raise flowers, shrubs and plants for sale as
well as other goods customarily sold with plants such as soil, compost, pots, etc. A
nursery may include a greenhouse.
OFFICE -- A building that has been planned, developed and operated as a facility to
accommodate one (1) or more separate offices as its primary use, and where other uses
such as restaurants,taverns or health clubs are secondary or accessory.
OPEN CRIBBING -- The placement of crib members in such a manner that there is
vertical spacing between the timbers, which provides for a partial exchange of water
through the crib structure itself.
(34)
Queensbury Zoning Ordinance
Adapted April 4 2002
OPEN SPACE -- Land not covered by buildings, pavement, open storage, mining
operations or any other use that visually obscures the natural or improved landscape,
except for recreation facilities.
OPEN SPACE RECREATION USE -- Any recreation use particularly oriented to and
utilizing the outdoor character of an area, including a snowmobile, trail bike,jeep or all-
terrain vehicle trail; cross-country ski trail; hiking and backpacking trail; bicycle trail;
horse trail;playground;picnic area;public park;public beach;or similar use.
OUTDOOR ATHLETIC COURT/FACILITY -- Recreational facilities oriented toward
court games such as tennis,basketball,paddle tennis,etc.,and played out of doors.
OUTDOOR CONCERT EVENTS -- Musical events which are held outdoors and to
which the public is invited for a fee or consideration,however, not including such events
that are held as an activity scheduled on a daily basis on the part of an amusement center.
A concert that is held as a special event at an amusement center shall not be considered a
regularly scheduled activity. Outdoor concert events that attract 5,000 people or more or
continue for 24 hours or more must be in compliance with requirements for a `mass
gathering"as specified in the New York State Sanitary Code,Chapter 1, Subpart 7-1.
OUTDOOR SALES -- Sidewalk sales, tent sales or other temporary sales activities which
are accessory to a principal commercial use, where displays and/or sales do not occur
within a principal or accessory building.
OUTPATIENT CLINIC -- A health-related facility which does not include facilities for
overnight care.
OVERLAY DISTRICT -- A set of regulations which add a layer of guidelines or
provisions to the underlying regulating district. An overlay district may cover more than
one zoning district.
PARKING AREA -- Any place, lot, parcel or yard used, in whole or in part, for storing
or parking three or more motor vehicles under the provisions of this chapter.
PARKING AREA, PRIVATE -- An open area for all the same uses as a private parking
garage and subject to the same conditions.
PARKING AREA, PUBLIC -- An open area, other than a street or other public right-of-
way,used for the parking of three or more automobiles and available to the public.
PARKING FACILITY--A public parking garage or parking area. +
PARKING SPACE -- For the purpose of these regulations, one "parking space" shall
constitute an area of not less than 162 square feet, as provided by the ordinance, of such
shape and vertical clearance so as to accommodate one vehicle having a maximum
overall length of 18 feet.
(35)
Que—bury Zoning Ordinance
Adopted April 1,2002
PARKING SPACE, HANDICAPPED -- An oversized parking space designed to
accommodate the handicapped. Such space shall constitute an area of 260 square feet,
with a minimum width of 13 feet and having an overall length of 20 feet.
PASSENGER/LIMOUSINE SERVICE — An establishment in which taxis, passenger
cats for hire and limousines are stored,serviced and dispatched.
PAVEMENT -- A compacted surface intended for pedestrian or vehicular use, through
which drainage is impeded. Surface material could be compacted sand or gravel, a
bituminous compound,concrete or other material.
PEAK HOUR TRIPS (PHT)—A weighted average vehicle trip generation rate during the
hour of highest volume of traffic entering and exiting the site in the morning(a.m.)or the
afternoon(p.m.).
PERMEABILITY, PERCENT OF -- The area of the lot which is not covered by
buildings, structures or nonpermeable surfaces divided by the total area of the lot and
multiplied by 100.
PERMEABLE-- Ground surface through which water can percolate in a natural manner.
Said ground surface could be undisturbed natural terrain or a landscaped area with
generally unpaved surfaces.
PERMITTED USE -- Any use requiring no special action by the Zoning Board of
Appeals or site plan or special permit review by the Planning Board before a building
permit is granted by the Zoning Administrator, subject to all other applicable provisions
of this chapter.
PERSON--Any corporation, firm,partnership,association,trust, estate,one(1)or more
individuals and any unit of government or agency or subdivisions thereof.
PERSONAL SERVICE BUSINESS — Establishments primarily engaged in providing
services involving the care of a person or his or her apparel such as barber shops, nail
shops and beauticians.
PHYSICAL THERAPY FACILITY -- A health-related facility oriented to the physical
muscular condition of outpatients.
PIER -- A wharf or portion of a wharf extending from the shoreline with water on both
sides. See also DOCK.
PILE --A long slender column usually of timber, steel or reinforced concrete driven into
the ground vertically to support an open-type wharf.
(36)
Queensbury Zoning On inane
Adopted April 1,2002
PLACE OF WORSHIP -- A building or place used for religious activities, including a
church, synagogue, temple or mosque which is used for the purpose of worship and
activities customarily associated therewith. Such place of worship shall be maintained
and owned by a bona fide religious organization
PLANNED UNIT DEVELOPMENT -- An area of land, in which a variety of housing
types and/or related commercial and industrial facilities are accommodated in a
preplanned environment under more flexible standards than would normally apply under
the regulations of the individual zoning categories of this chapter, the approval of which
involves requirements in addition to those of the standard subdivision and site plan
review,such as building design,landscaping,open spaces,etc.
PLANNING BOARD or BOARD--The Planning Board of the town.
PLAT, FINAL -- The final map of all or a portion of the subdivision which is presented
to the Planning Board for final approval in accordance with the Subdivision Regulations
and which,if approved, shall be filed with the County Clerk.
PLAT, PRELIMINARY -- A drawing or drawings, clearly marked "Preliminary Plat,"
showing the salient features of a proposed subdivision, as specified in the Subdivision
Regulations, submitted to the Planning Board for purposes of consideration prior to
submission of the plat in final form and of sufficient detail to apprise the Planning Board
of the layout of the proposed subdivision.
PLAT, SKETCH or SKETCH PLAN -- A sketch of a proposed subdivision or site plan
showing the information specified in the Zoning Ordinance and Subdivision Regulations,
as applicable, to enable the applicant to save time and expense in reaching general
agreement with the Planning Board as the form of the layout and objectives of the
applicable regulations.
POLLUTION--The presence in the environment of human-induced conditions or
contaminants in quantities or characteristics which are or may be injurious to humans,
plants, animals or property.
PORCH--A roofed over area projecting from the front,side or rear wall of a structure.
PRINCIPAL BUILDING (outside the Adirondack Park) -- The building in which the
principal use is conducted.
PRINCIPAL BUILDING(within the Adirondack Park)--
d
A. Any one of the following:
1. A single-family dwelling or mobile home constitutes one "principal
building".
(37)
Que—bury Zoning Ordinance
Adopted April 1,2002
2. A tourist cabin or similar structure for the rent or hire involving 300
square feet or more of floor space constitutes one"principal building."
3. Each dwelling unit of a multiple-family dwelling, including each separate
dwelling unit used on a time-sharing, leased time or other similar basis,
whereby more than one person, group of persons or family has legal right of
occupancy at differing times, constitutes one"principal building."
4. Each motel unit,hotel unit or similar tourist accommodation unit which is
attached to a similar unit by a party wall, each accommodation unit of a
tourist home or similar structure and each tourist cabin or similar structure
for rent or hire involving fewer than 300 square feet of floor space
constitutes 0.1 of a"principal building."
5. Each commercial use structure and each industrial use structure in excess
of 300 square feet constitutes one "principal building," except that for a
commercial use structure which involves the retail sale or rental or
distribution of goods, services or commodities, each 11,000 square feet of
floor space or portion thereof of such commercial use structure constitutes
one"principal building."
6. All agricultural use structures and single-family dwellings or mobile
homes occupied by a farmer of land in agricultural use, his employees
engaged in such use and members of their respective immediate families,
will together constitute and count as one"principal building."
7. Any other structure which exceeds 1,250 square feet of floor space
constitutes one"principal building."
8. A structure containing a commercial use which is also used as a single-
family dwelling constitutes one"principal building."
B. An accessory structure does not constitute a"principal building."
PRINCIPAL USE --The main or primary purpose for which land or a building is used or
occupied or maintained.When more than one use is on a lot,the most intense use shall be
considered the main or primary use.
PHOTOSIMULATION FIGURES—Figures simulating the appearance of the tower from
public right-of-ways and other locations as designated by the Planning Board
PRODUCE STAND — A structure designed for the sale of farm products, such as fruits,
vegetables and flowers.
PROFESSIONAL OCCUPATION -- One who is engaged in professional services,
including but not limited to all members of the fields of medicine, ,law, architecture,
engineering,surveying, accounting,insurance,planning or financial planning.
PROFESSIONAL OFFICE--An office used to conduct a professional'occupation.
PROPAGATION MAPPING — mapping showing propagation of radio waves and
showing area of coverage of the tower
(38)
Queensbury Zoning Ordinance
Adopted April 1,2002
PUBLIC OR SEMIPUBLIC BUILDING -- Any structure associated with a library,
museum, firehouse,or a municipal building.
PUBLIC UTILITY USE -- Any public utility use, equipment or structure which is not a
major public utility use. A "public utility use" does not include any use which is subject
to the jurisdiction of the Public Service Commission pursuant to Article 7 or 8 of the
Public Service Law.
QUICK-LAUNCH FACILITY -- A commercial facility located within a marina, where
vessels are stored, launched and stored again individually for periods of less than one
week at a time.
RADIOMELEVISION STATION -- A facility designed to transmit television, radio,
satellite or other electromagnetic energy signals for a fee or as a commercial activity.
RAILROAD SERVICE OR REPAIR FACILITY -- A railroad yard or building where
railroad equipment is stored,repaired or maintained.
RECREATIONAL FACILITIES, COMMERCIAL -- Recreational facilities open to the
general public for private gain.
RECREATIONAL FACILITIES, PRIVATE -- Recreational facilities supplemental to a
principal use, for the utilization of proprietors and guests,and excluding any use which is
open to the public for a charge.
RECREATION CENTER --Any recreation-oriented facility particularly oriented to and
utilizing the outdoor character of an area which does not depend on amusement devices
or rides. These recreational uses may include a snowmobile trail, cross-country ski trail,
hiking and backpacking trail,bicycle trail and horse trail, as well as a playground,picnic
area, public park and public beach for activities such as soccer, baseball, football, tennis
and water-related activities. Buildings and structures that are accessory to the recreation
use are permitted such as an outdoor athletic court/facility.
REGIONAL SUBDIVISION--Applies to any subdivision wholly or partially within the
Adirondack Park and means any Class A Regional Subdivision or Class B Regional
Subdivision as defined in Appendixes A and B of Chapter A183, Subdivision of Land.
REGIONAL SUBDIVISION, CLASS A -- A subdivision which is classified as a "Class
A Regional Project" in Section 810 of the Adirondack Park Agency Act, as set out in
Appendix A of Chapter Al83,Subdivision of Land. I
REGIONAL SUBDIVISION,CLASS B --A subdivision which is classified as a Class B
Regional Project in Section 810 of the Adirondack Park Agency Act and set out in
Appendix B of Chapter A183, Subdivision of Land.
(39)
Queembury Zoning Ordinance
Adopted April 1,2002
REQUIRED IMPROVEMENTS — Any activities or improvements required by the
Subdivision Regulations, except as may be waived by the Planning Board, including but
not limited to streets and roads, utility installations, road ditches, drainage facilities and
culverts,monuments and revegetation operations.
RESEARCH AND DEVELOPMENT FACILITY — A building in which chemical,
mechanical, physical, electrical or other research, production, design or development of
materials or processes is conducted.The definition includes the term"laboratory".
RESIDENTIAL USE—The use of a structure or parts thereof as a dwelling.
RESTAURANT -- A place for the preparation, serving and consuming of food and
beverages. A restaurant may include a tavern.
RETAIL BUSINESS --The offering, for a fee, of goods, services and merchandise to the
general public, excluding restaurants, taverns, motor vehicle sales and services, boat
sales, recreational vehicle sales and services, mobile and modular home sales and
services.
RETAIL STAND--A place where goods or products are rented or sold outdoors.
RETAINING WALL -- A wall to maintain differences in ground elevation by holding
back a bank of material.
RIDING ACADEMY -- Any establishment where horses are kept for riding, driving or
stabling for compensation or incidental to the operation of any club, association,ranch or
similar establishment.
RIGHT-OF-WAY, PUBLIC -- A parcel of land in public ownership or use open to the
public for vehicular or pedestrian access. (See"street.")
RINGLEMAN CHART--A chart used for measuring the opacity of smoke, as published
by the United states Bureau of Mines in Information Circular No. 7718.
ROAD—See STREET
RUNOFF -- That portion of the precipitation, rain and/or snowmelt that cannot be
absorbed by the soil within a drainage area, that is discharged from the area in water
channels, either natural, as a stream, or manmade. Types of "runoff" include surface
water,groundwater,snowmelt, stormwater and or seepage.
r
SAND, GRAVELAND TOPSOIL EXTRACTION -- Any extraction from the land of
sand, gravel or topsoil for the purpose of use, but not sale, by the owner of the land, or
any extraction for the purpose of sale of less than 50 cubic yards in any two-year period.
(See"commercial sand and gravel extraction.")
(40)
Queensbury Zoning Ordinmwe
Adopted April 1.2002
SAND, GRAVEL AND TOPSOIL EXTRACTION, COMMERCIAL -- Any extraction
from the land of more than 50 cubic yards in any two-year period of sand, gravel or
topsoil for the purpose of sale or use by persons other than the owner of the land; or for
the purpose of use by any municipality. (See "excavation," "mineral extraction" and
"private sand,gravel or topsoil extraction.")
SAND AND GRAVEL PROCESSING -- The crushing, sifting and screening of sands
and gravels for consumption and use at another location.
SATELLITE RECEIVING ANTENNA-- Any apparatus or device, commonly known as
an "earth terminal antenna," "earth terminal," "earth station," "satellite communications
antenna," "satellite antenna," "microwave dish antenna" or "dish antenna," and including
as part of such apparatus or device the main reflector, subreflector feed, amplifier and
support structure, which is designed for the purpose of transmitting and/or receiving
microwave, television, radio, satellite or other electromagnetic energy signals into or
from space, but does not include conventional television, radio and amateur radio
antennas.
SAWMILL, CHIPPING and PALLET MILL -- Any building, site or place used for the
cutting or milling of raw timber into dimensional lumber, pallets, chips or other wood
products.
SCHOOL -- Any place offering instruction in any branch of knowledge under the
supervision of the State of New York or a lawfully constituted ecclesiastical governing
body,person,partnership,or corporation meeting the requirements of the State Education
Department.
SCREENING -- Foliage, berms, trees, shrubs or landscaped natural materials and plants
which obscure the visual character and suppress the noise of any given building or use of
land. Where natural plant material is not practical, fences and/or other artificial material
may be partially or totally substituted, according to individual site conditions.
SEASONAL PRODUCE BUSINESS -- The sale of seasonal farm products, fi-uits,
vegetables or flowers.
SEASONAL USE -- A use which occupies continually a building or site for fewer than
six months of the year.
SEDIMENT—Erodent soil particles which are transported by wind or water.
SEDIMENTATION -- The process by which sediment is deposited?in streams or lake
bottoms.
SELECTIVE CUTTING--The annual or periodic removal of trees,individually or in
small groups,in order to realize the yield and establish a new crop and to improve the
(41)
Queensbury Zoning Ordinance
Adopted April 1.2002
forest,which removal does not involve the total elimination of one(1)or more particular
species of trees.
SELF STORAGE FACILITY — A structure containing separate, individual, and private
storage spaces of varying sizes leased or rented on individual leases for varying periods
of time.
SEQRA--The State Environmental Quality Review Act. See 6 NYCRR Part 617.
SERVICE DISTRICT -- Any private or public entity which provides a public service to
residents of all or any part of the town to include, among others, fire departments, water
districts and sewer districts.
SETBACK -- The established line beyond which no part of a building shall extend,
except for the building eaves which may extend 18" into the setback. (See "building
line.")
SHOPPING MALLJPLAZA--A building or buildings,located on one lot,which may or
may not be enclosed, containing numerous businesses, services and/or restaurants and
accessory uses related to those businesses. (See Use Tables in Article 4).
SHORELINE -- The mean high water mark at which land adjoins the waters of lakes,
ponds,wetlands,rivers and streams within the town.
SHORELINE BUILDING SETBACK -- The shortest distance measured horizontally,
between any point of a principal building or accessory structure in excess of 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. The
measurement of shoreline setbacks is illustrated in Figure 2 in Article 4 Schedule of
Regulations.
SHORELINE LOT WIDTH -- The distance, measured along the shoreline, as it winds
and turns between the boundary lines of a lot as they intersect the shoreline of any lake or
pond or any river or stream navigable by boat,including a canoe.
SIGN— Includes every sign,billboard,freestanding sign,portable freestanding sign,wall
sign,window sign,illuminated sign and temporary sign, and includes any announcement,
declaration, demonstration, device, display, illustration or insignia used to advertise or
promote the interest of any business or commercial enterprises when the same are placed
on the premises on which the businesses are conducted so that they are clearly visible to
the general public from an out-of-door position.
SINGLE-FAMILY DWELLING -- A building, not including a mobile home, of one or
more stories of height above the main grade level,which is designed or used exclusively
as the living quarters for one family,whether seasonal or year round.
(42)
Que-bury Zoning Ordinance
Adopted April 1,2002
SITE PLAN -- A diagram drawn to scale showing the development plans for a lot, as
outlined in these regulations.
SKI CENTER -- Any trail or slope for Alpine (downhill) and/or Nordic (cross-country)
skiing, snowboarding and snow tubing, including lifts, terminals, base lodges, warming
huts, sheds, garages and maintenance facilities, parking lots and other buildings and
structures directly and customarily related thereto. The definition includes the term "ski
facility".
SLOPE -- The degree of deviation of a surface from the horizontal, usually expressed in
percent of degrees.
SOLID CRIB WHARF -- Any wharf constructed on fill materials such that lack of
spacing in the fill restricts the free exchange of water from one side of the wharf to the
other.
SPECIAL USE--A use that requires and must comply with the standards of a special use
permit pursuant to this chapter.
SPORTSMEMS CLUB/FIRING RANGE -- A tract of land where persons may hunt,
fish, fire weapons, practice archery or engage in related activities, and in which
membership is a condition of use.
STABILIZATION--The proper placing,grading and/or covering of soil,rock or earth to
ensure their resistance to erosion,sliding or other movement.
STATE--The State of New York.
STATE AGENCY -- Any state department,bureau, commission,board or other agency,
public authority or public benefit corporation.
STORAGE SHED -- An accessory building used to store materials or small equipment,
not including trucks, automobiles or recreational vehicles, which supports the principal
use of the site.
STORAGE YARD-- A site and/or buildings where materials, supplies or personal items
are stored.
STORM DRAINAGE SYSTEM -- All structural works and grounds alterations, as well
as natural drainage patterns, which affect or regulate the flow of,surface drainage,
including those used to intercept, collect and transmit water or to dikharge water above
or below ground level.
STREET -- A way for vehicular traffic, whether designated as a "street," "highway,"
"thoroughfare," "parkway," "throughway," "road," "avenue," "boulevard," "lane," "cul-
(43)
Queensbury Zoning Ordinance
Adopted Apil 1,2002
de-sac," "place" or however otherwise designated, and includes the entire area within the
right-of-way. (See "Right-of-way.")
STREET, ARTERIAL—A road serving comparatively large volumes of high speed (45
miles per hour or greater),long-distance or through traffic and which also provides access
to abutting properties.
STREET, COLLECTOR—Roads which provide access to abutting properties and which
link development roads,collector roads,or other local roads to major traffic roads.
STREET, LOCAL -- A street which is used primarily for access to the abutting
residential properties.
STREET, MARGINAL -- A street which is parallel to and adjacent to an arterial street
and which provides access to abutting properties and protection from through traffic.
STREET, PRIVATE -- Access drive that serves two or more lots and is maintained by
private ownership,not the Town of Queensbury.
STREET OR ROAD GRADE--The officially established grade of the street upon which
a lot fronts, or if there is no officially established grade, the existing grade of the street
shall be taken as the "street grade."
STREET PAVEMENT/CARRIAGEWAY -- The wearing or exposed surface of the
roadway used by vehicular traffic.
STREET WIDTH--The distances between property lines on opposite sides of the street.
STRUCTURE -- Any object constructed, installed or permanently placed on land to
facilitate land use and development or subdivision of land, including but not limited to
buildings, sheds, single-family dwellings, mobile homes, signs, service station pumps,
drive-in or drive-through islands, with or without canopies, amusement park rides, all
aboveground tanks and any fixtures, additions and alterations thereto, but excluding
animal shelters less than 100 square feet and children's tree houses and playhouses less
than 100 square feet. (See"BUILDING").
SUBDIVIDER--Any person, firm, corporation,partnership or association,or successors
in interest to any such parties, who shall lay out any subdivision or part thereof, as
defined herein,either for himself or others.
SUBDIVISION--A division of any residential,commercial or industrial land into two or
more lots,parcels or sites,whether adjoining or not, for the purpose of sale, lease,license
or any form of separate ownership or occupancy by any person or by any other person
controlled by,under common control with any such person or group of persons acting in
concert as part of a commons scheme or plan;provided,however,that this shall not apply
to conveyances of small amounts of land to correct a boundary of a lot so long as such
(44)
Queensbury Zoning Ordamnce
Adopted April I,2002
conveyance does not create additional lots. For the purposes of these regulations, a
condominium shall be reviewed as a subdivision.
SURVEY -- The determination of the location of land boundaries and natural and man-
made objects,by means of surveying instruments.
SURVEY MAP — A drawing made to scale based upon survey measurements showing
land boundaries,natural and man-made objects,made by or under the direction of a New
York State licensed land surveyor.
SURVEYOR--A person permitted to act as a land surveyor by the State of New York.
SWIMMING POOL -- A structure, either permanent or temporarily designed, for the
purpose of wading or swimming and holding more than 100 gallons of water.
TAVERN--A place in which the principal income is derived from the sale or serving of
alcoholic beverages for consumption on the premises,with or without live entertainment.
TELECOMMUNICATIONS TOWER -- Any ground mounted pole, spire, or
combination thereof, taller than thirty-five(35) feet in height, including supporting lines,
cables, wires, braces and masts built for the purpose of mounting a telecommunications
facility, including telephone service, which is capable of receiving and/or transmitting
signals.
TIMBER HARVESTING--The cutting of trees for commercial gain, except for clearing
of lots and land that is not subject to regulation pursuant to this ordinance. Timber
harvesting,in excess of the acreages listed in§179-6-010,is subject to site plan approval.
TOURIST ACCOMMODATION -- A building or group of buildings, whether detached
or in connected units, used as individual sleeping or temporary dwelling units, designed
for transients and providing for accessory off-street parking facilities. The term "tourist
accommodations" includes buildings designated as "tourist courts," "motor lodges,"
"motels," "hotels," "bed-and-breakfast," "overnight cabins," "housekeeping units" and
similar facilities.
TOURIST ATTRACTION -- Any man-made or natural place of interest open to the
general public and for which an admittance fee is usually charged, including but not
limited to animal farms, amusement parks, replicas of real or fictional places, things or
people and natural geological formations.
TOWN--The Town of Queensbury in New York State.
TOWNHOUSE -- A dwelling unit which is one of a series of units,'having a common
party wall between each adjacent unit, each with a private outside entrance, each with its
own separate lot of record,and in which no unit is located over another unit
(45)
Qne—bury Zoning OnG—e
Adopted Apri11,2002
TRAVEL TRAILER CAMP -- A parcel of land which is occupied or used for the
placement of two or more travel trailers, motor homes or similar temporary living
quarters.
TRAVEL TRAILER or TRAVEL VEHICLE -- Any portable vehicle, including a tent
camper or motor home, which is designed to be transported on its own wheels, which is
designed and intended to be used for temporary living quarters for travel, recreational or
vacation purposes and which may or may not include one or all of the accommodations
and facilities customarily included in a mobile home.
TV or RADIO STATION—A facility used in connection with the provision of wireless
communication services, including cellular telephone services, personal communication
services, radio and television broadcasting services, and are regulated by the Federal
Communications Commission, both in accordance with the Telecommunications Act of
1996 and other federal laws. A broadcasting antennae or tower in excess of 35 feet in
height is regulated as a telecommunications tower.
UNIFORMITY RATIO--The average level of illumination in relation to the lowest level
of illumination for any area. For example, an illumination ratio of 4:1 would mean that
the lowest level of illumination should be no less than four times less than the average
level of illumination.
VARIANCE--A use or area variance as defined herein.
VARIANCE, USE --The authorization by the zoning board of appeals for he use of land
for a purpose which is otherwise not allowed or is prohibited by the applicable zoning
regulations.
VARIANCE, AREA —The authorization by the zoning board of appeals for the use of
land in a manner which is not allowed by the dimensional or physical requirements of the
applicable zoning regulations.
VESSEL -- Every description of watercraft, other than a seaplane, used or capable of
being used as a means of transportation on the water.
VETERINARY CLINIC — A facility providing health services and medical or surgical
care to animals suffering from illness, disease, injury, deformity and other abnormal
conditions, including related facilities such as laboratories and boarding facilities. The
definition includes the term"Veterinary Clinic".
WAREHOUSE -- A building used primarily for the temporary storage of goods and
material associated with retail, commercial, or industrial uses. Warehouses may be
classified as either principal or accessory structures depending on the classification and
context of the use.
(46)
Quee-bury Zoning Ordinance
Adopted April 1,2W2
WASTE DISPOSAL AREA -- Any area for the disposal of garbage, refuse and other
wastes,including sanitary landfills and dumps, other than an on-site disposal area directly
associated with an industrial use.
WASTE TREATMENT SITE--Any building, structure or area where sewage is treated.
WATERSHED — The land area which drains into a stream or river used for drinking
water. The watershed delineates the boundaries of the Watershed District which sets
development standards for impervious surface areas and water quality.
WATERSHED MANAGEMENT OR FLOOD CONTROL PROJECT -- Any dam,
impoundment, dike, riprap or other structure or channelization or dredging activity
designed to alter or regulate the natural flow or condition of rivers or streams or the
natural level or condition of lakes or ponds. Any such project for which a permit or
approval is required prior to commencement from the Department of Environmental
Conservation is not a "watershed management or flood control project" or a use for the
purposes of this chapter.
WETLANDS--Any land that is regulated as a wetland by the Adirondack Park Agency,
the NYS Department of Environmental Conservation and/or the US Army Corps of
Engineers.
WHARF -- Includes any structure built or maintained for the purpose of providing a
berthing place for vessels.
WHARF or MOORING, PRIVATE -- A privately owned wharf or mooring which is not
used for commercial purposes and is not rented.
WHOLESALE BUSINESS — A use in which goods are sold to members of a trade or
organization,but not to the general public.
YARD--An open unoccupied space on the same lot with a building or structure.
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 and decks, whether or not enclosed, shall be considered as
part of the main building and shall not project into a required "front yard." (Special Note:
See§ 179-4-090,Lots Bounded by Two Roads or a Road and a Shoreline.)
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 and decks, whether
Y
(47)
QWeensbwy Zoning Ordnance
Adopted April 1,2002
or not enclosed. (Special Note: See § 179-4-090, Lots Bounded by Two Roads or a Road
and a Shoreline.)
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 canopies and decks, whether or
not enclosed. (Special Note: See § 179-4-090, Lots Bounded by Two Roads or a Road
and a Shoreline.)
ZONING ADMINISTRATOR -- The individual responsible for overseeing and
coordinating the administration of the Zoning Ordinance and Subdivision Regulations.
(48)
Queensbury Zoning Ordinance
Adopted April 1,2002
ARTICLE 3 Zoning Maps and Zoning Districts
§ 179-3-010 Map Adopted
The boundaries for each zoning district listed as part of this chapter are the boundaries
indicated for the zoning district by the map entitled the "Town Zoning Map of the Town
of Queensbury," dated with the effective date of this chapter, which map accompanies
and is hereby adopted and declared to be part of this chapter and hereinafter known as the
"Town Zoning Map."
§ 179-3-020 Interpretation of District Boundaries
In making a determination where uncertainty exists as to boundaries of any of the zoning
districts shown on the Zoning Map, the district boundaries shown on the Tax Maps shall
take precedent.
A. The following rules shall apply:
1. Where district boundaries are indicated as approximately following the
centerline of streets, alleys,highways or railroads, such lines shall be construed
to be district boundaries.
2. Where district boundaries are indicated as approximately following a stream
centerline, lake or other body of water, such stream,lake or body of water shall
be construed to be such district boundaries,unless otherwise noted.
3. Where district boundaries are indicated as approximately following lot lines,
such lot lines shall be construed to be said boundaries.
4. Where district boundaries are not indicated as approximately following the
items listed in Subsection A 1, 2 and 3 above, the boundary line shall be
determined by the use of the zone depth key as designated on the Zoning Map.
5. Whenever any street, alley or other public way is vacated in the manner
authorized by law, the district adjoining each side of such street, alley or public
way shall be automatically extended to the center of the former right-of-way,
and all of the area included in the vacation shall then and henceforth be,subject
to all regulations of the extended districts.
6. Zoning districts shall be construed to extend into the water to the boundaries of
the Town line.
7. Building rights or development densities may not be transferred from
contiguous districts unless the Planning Board reviews the project as a clustered
subdivision. In no case may development rights or densities be transferred
across APA land use boundaries.
B. In the event that none of the above rules are applicable or in the event that further
clarification or definition is considered necessary or appropriate,,the location of a
district boundary shall be determined by the Zoning Board of Appeals.
(49)
Queensbury Zoning Ordinance
Adopted April 1,2002
§ 179-3-030 Adirondack Park Land Use and Development Plan Map
A. The boundaries within the town of the land use areas established by the official
Adirondack Park Land Use and Development Plan Map, as may be from time to
time amended pursuant to Subdivision 2 of Section 805 of the Adirondack Park
Agency Act, are indicated by the separate map entitled "Adirondack Park Land Use
and Development Plan Map of the Town of Queensbury," dated with the effective
date revised May 25, 1999, which accompanies this chapter and which is hereby
adopted and declared to be part of this chapter and hereafter shall be known as the
"Park Plan Map."
B. Any change of the boundaries within the town of a land use area by an amendment
of the official Adirondack Park Land Use and Development Plan Map pursuant to
Subdivision 2 of Section 805 of the Adirondack Park Agency Act shall take effect,
for the purposes of this chapter, concurrently with that amendment without further
action, and the Park Plan Map shall be promptly changed in accordance with that
amendment. The amendment provisions of Article 15, Amendments, of this chapter
do not apply to the Park Plan Map, which is amended only pursuant to the
provisions of the Adirondack Park Agency Act. Copies of the Park Plan Map,
which may from time to time be published and distributed, are accurate only as of
the date of their printing and shall bear words to that effect.
§ 179-3-040 Purpose and Establishment of Zoning Districts
The zoning districts established by this chapter, subject to future amendment, including
an aggregate of all of the area of the town, are and shall be as follows:
A. Residential Districts
1. Land Conservation LC-42A and LC-10A. The LC districts encompass areas
where land has serious physical limitations to development or unique
characteristics that warrants restricting development to very low densities.
2. Multy-Family Residential 5 MR-5. The MR-5 district is intended to provide
for an anticipated increase in demand for high density, multi-family housing
and professional office buildings in areas located near commercial services.
3. Parkland Recreation PR-42A and PR-10A. The PR districts encompass areas
where lands are controlled by municipalities and are set aside for the
protection of natural resources or recreational activities and which can support
minimal development or low-impact land uses of very low densities.
4. Rural Residential RR-5A and RR-3A. The RR districts are intended to
enhance the natural open space and rural character of the Town by limiting
development to sparse densities. Steep slopes, wetlands, limiting soils and
marginal access to populated areas often characterize such areas, warranting
such densities.
(50)
Queensbtay Zoning Ordinance
Adopted April I,2002
5. Single Family Residential SFR-IA, SFR-20 and SFR-10. The SFR districts
are intended to protect the character of Queensbury's low, medium and high
density, strictly single family neighborhoods.
6. Suburban Residential SR-lA, SR-20, SR-10. The SR districts are intended to
protect the character of Queensbury's low,medium and high density suburban
neighborhoods and to provide for future residential development
opportunities.
7. Urban Residential UR-1 A. The UR-1 A district encompasses environmentally
sensitive areas subject to intense development pressure where the uses
permitted in the UR-10 district are desirable,but at less density.
8. Urban Residential UR-10. The UR-10 district encompasses areas of older,
more traditional, high density neighborhoods. Areas subject to intense
development pressure, located near service areas, are similarly zoned. This
district is intended to protect urban character while providing the opportunity
for infill and high density housing.
9. Waterfront Residential WR-3A and WR-lA. The purpose of the WR districts
is to protect the delicate ecological balance of the Town's lakes and the
Hudson River while providing adequate opportunities for development.
B. Commercial Districts
1. Enclosed Shopping Center ESC. The ESC district encompasses those areas
where shopping center development exists or is anticipated. Access points are
defined in order to create coherent and safe traffic patterns, efficient loading
and unloading, aesthetically pleasing shopping environments and safe
pedestrian circulation.
2. Highway Commercial Intensive HC-Int. The HC-hit district is that area of
Queensbury that already has intense commercial development.The purpose of
the district is to provide for continuing infill development of this type, while
encouraging the overall improvement and appearance of these areas.
3. Highway Commercial Moderate HC-Mod.The HC-Mod district is that area of
Queensbury that already has moderate levels of commercial development and
where surrounding patterns of land use dictate less intensive development than
in the HC-Int district.
4. Neighborhood Commercial NC-1 A and NC-10. The NC districts are intended
to enable residents of Queensbury's outlying areas to obtain staples,
necessities and other goods from small-scale neighborhood oriented shopping
centers without traveling to major commercial centers. Often these are centers
of long-established, older, traditional communities, usually at the intersection
of two highways.
5. Recreation Commercial RC-3A. The RC-3A district is intended to isolate,
protect and encourage expansion of the recreation industry: Large-scale uses
will be required to produce long-range plans defining uses, intensities, etc.
Residential uses are considered to be compatible with this district.
(51)
Queensbury ZonWg Ordinance
Adopted April 1,2002
6. Recreation Commercial 15. The RC-15 district is intended to isolate, protect
and encourage expansion of the recreation industry. Large-scale uses will be
required to produce long-range plans defining uses,intensities,etc.
C. Industrial Districts
1. Commercial Industrial CI-IA. The purpose of the CI-IA district is to provide
for mixed commercial and industrial uses m areas that are m transition
between older industrial uses and newer commercial warehousing and retail
uses.
2. Heavy Industry HI.The HI district provides opportunities for the expansion of
heavy industry without competition from other land uses. Large scale
manufacturing plants that often require access to rail transportation and are
often considered incompatible with other land uses will be given maximum
opportunity to flourish in this district without undue interference.
3. Light Industry LI. The LI district provides opportunities for the expansion of
light industry without competing with other types of uses. Highway oriented
and research businesses need opportunities to appropriately locate near major
highways from which they receive materials and dispense products.
4. Veterans Field Light Industrial Park VF-LI. The purpose of this district is to
allow the creation of a "Shovel Ready" industrial park such that allowed uses
that meet the criteria of the SEQRA Findings for the creation of this district
may proceed to construction upon obtaining a building permit without the
need for site plan review. Allowed uses that do not meet these criteria may
follow the procedures for site plan review contained in Article 9 of this
ordinance.
D.Other Districts.
1. Mixed Use MU. The MU district encompasses areas where mixed residential
and commercial uses are encouraged. By mixing uses, the Town hopes to
restore the vitality and vibrancy of these urban neighborhoods.The purpose of
this zone is further to allow for a transition in a manner which permits the
widening of the West Main Street arterial route, encourages safe traffic
patterns,an aesthetically pleasing environment and safe pedestrian circulation.
2. Professional Office PO.The PO district encompasses areas where professional
offices are encouraged. These are located along arterials adjoining residential
areas where compatibility with residential uses is important.
(52)
Quembury Zoning Ordit—ce
Adopted Apri11,2002
ARTICLE 4 Schedule of Regulations
§ 179-4-010 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.
B. Except as hereinafter provided:
1. No building or structure or land shall hereafter be used or occupied and no
building or structure or part thereof shall be erected, moved or altered unless in
conformity with the regulations herein specified for the districts in which it is to
be located and supplementary regulations contained in this Chapter.
2. No building or structure that is hereinafter allowed for the district in which such
building or structure is located shall hereafter be erected or altered which will
exceed the height or bulk; accommodate or house a greater number of families;
occupy a greater percentage of lot area; or have narrower or smaller front yards,
rear yards or side yards than is allowed in the particular district.
C. Use regulations.
1. Permissible uses (PU).A use shall be permitted in a given zoning district if it is
listed in the schedules or regulations hereof as a permissible use for that district,
provided that all other requirements of this chapter are met.
2. Site Plan Review Uses (SPR). A use listed in the schedule of regulations hereof
as a Site Plan Review Use for a given zoning district shall be permitted in that
district when approved in accordance with Article 9, Site Plan Review hereof,
provided that all other requirements of this chapter are met.
3. Special Use Permit (SPU). A use listed in the schedule of regulations as a
Special Use Permit shall be permitted in that district when approved in
accordance with Article 10, Special Use Permits, provided that all other
requirements of this chapter are met.
4. Non-permissible uses(NP).Any use which is not a permissible use by right,site
plan review, or special use permit in a given zoning district or which is not an
accessory use to such a permissible use, site plan review use, or special permit
use shall be a non-permissible use and shall be deemed prohibited in that zoning
district.
5. Accessory use(AU)or accessory structure.An accessory use or accessory
structure shall be permitted if the use to which it is accessory is a lawful use
pursuant to the terms of this chapter and for which a permit has been issued if
required pursuant to the terms of Article 4 hereof, so long as said accessory use
or structure does not result in or increase any violation of the provisions of
Article 4 and Article 13.An accessory structure shall not be used for
commercial purposes by residents of residential structures,nor shall it include a
sign except as permitted by Chapter 140, Signs
(53)
Quee &wy Zoning Ordinance
Adopted April 1,2002
6. Principal buildings in residential zones. In areas zoned for single-family
dwellings (including the LC, PR, RR, WR, UR, MR, SR, SM RC, and NC
zones), a maximum of one single-family dwelling may be constructed per lot,
regardless of lot size. Additionally, the minimum lot size as indicated in Table
4 shall constitute the minimum area per principal building allowed within these
zones. Construction of additional single-family dwellings shall require
subdivision approval and shall be in conformance with the requirements of this
chapter.
§ 1794-020 Schedule of Permitted Uses
The Schedule of Permitted uses is found on Tables 1 —3 which follow.
(54)
Queensbury Zoning Orduwme
Adopted April 1,2002
Insert Table I
(55)
Town of Queensbury
Table 1: Summary of Allowed Uses In Residential Districts
Land Mixed Multifamily Parkland Professional Rural Single Famly Suburban Urban WatsrfroM
Conservation Use Residential /Recreation Office Residential Residential Residential Residential Residential
L0412A MU MR-5 PR■t2A PR PO RR-5A RR- SFR-IA SFR- SR-IA UR-IA UR WR3A
LC-10A 10A 3A 20 SFR-10 OR40 SR- 10 WR-IA
RESIDENTUIL 15
Residential&Related Uses
Duplex SPR SPR SPR I SPR I SPR
Home Ocoupation AU AU AU AU AU AU AU I AU I AU AU
Mobile Home 1
Multiple Famil DwellingSPR SPR SPR S SPR
Single Famil DwellingSPR SPR
Uses Aocesso to Principal Use AU AU AU AU AU AU AU AU AU AU
Other Uses
Agricultural Use 3 R R 3 SPR SPR 3
Bed&Brealdest SPR
Boathouse SPR
Comm•rcl•l Bost S•I•NS•Ma•/Sto •
Cam round
Cemetery SPR SPR SPR SPR SPR SPR
Day Care Center PR -SPA SPR SPR SPR
Gallery I SPR I
Game Preserve R
Goff Course
Group CampS R
Health Related Facility SPR SPR
Hunting&FishingCabin<500 Sq.Ft.
Hunting&Fishing Cabirt 3-WO Sq Ft. ^
Kennel
Class A Marina
v
Nursery SPR SP SPR SPR
Plaos of WorshipSPR SPR SPR SPR SPR SPR SPR SPR SPR
Produce Stand<100 sq.R. AU AU I AU AU AU AU AU AU AU AU
Produce Stand>100 sq.R. SPR SPR SPR
ProfessionalORloe SPR SPR SPR
Professional OfAoe w/In a Residence 1" SPR
Public or Semi-Public Building SPR SPR
eoraa on Center -S P
Riding Acedem SPA SPR S R
Sawmill Chipping or Pallet MITI S
School SPR SPR SPR SPR SPR 6PR SPR SPR SPR SPR
S rtmen's CAub/Fiflng Range SPR
Veterinary Clinic SPR
Key Notes
PU-Permissible Use 1 Allowed within Mobile Home Oveday District. See zoning ma . Additional rmegulattions anDly.
SPR-She Plan Review Use 2 Golf drivi ran a not allayed.
SUP-S lot Use Permit Required 3 See Section 17&
AU-Aooessory Use or Structure
Blank-Not permitted
vno..+ww«waear ow»aox
Town of Queensbury
Table 2: Summary of Allowed Uses In Commercial Districts
COMMERCIAL USE TABLE Enclosed Highway Highway Mixed Use Neighborhood Professional Recreation Recreation
Shopping commercial- Commercial- Commercial Office Commercial Commercial
E t NC-Mod MU NC-1 N 10 fl RC-3A
a Commercial Related Uses
j4ftuaoment Center Pat SPRSPRAuto Sod it Shop
Automotive Sales and ServiceBank SPR PR SPR SPR
Ca round SPR SPRCar Wash PR
Commerciat boat Sa1*WSe0jW "` Sim
„ Convenlenoe Store SPR SPR I SPR SPR
u Convention Center CPR I CPR CPR
jL Day Can Center SPR CPR SPR I SPR SPR
a Drive In Theater
f<nolosed Shogoing Center SPR
w Fast Food Establishment SPR SPR
,r Funeral Home $pR
is Gallery SPR S R SPR I SPR
4 Gasoline Station SPR SPR SPR SPR
xe Golf Course 40K SPR 1 SPR 1
x, Lodge SPR .SPR PR S
n Mobile Home Salsa
Za Motel SPR SPA! SP SPR PR
x Movie Theater SON SPR;
Nurse
Office SPR SPR SPR SPR SPR
n Outdoor Concert Events
Parldna Garagaffaclifty SPR SPR SPR SPR SPR
Personal Service Business SPR SPR SPR SPR SPR SPR
as Profsssional Office SPR SPR SPR SPR SPR SPR 3
a, Recreation Center SPR_ 4M
at Restaurant SPR SPR SPR SPR SPR SPR
as Retail Business SPR SPR SPR SPR SPR SPR
ar Seasonal uce Business SPR SPR SPR SPR SPR SPR SPR SPR
as Self Storage Facility "SPR SPR SPR
n Shoovina Mall/PlawS S
ar Sid Center SPR
TV or Radio Station SPR
as Veterinary Clinic pR
s, Other Uses
u Gemete CPRSPR
a Haab Related Facility SPR SPR I SPR SPR
w Pisce of Worship SPR SPR SPR SPR SPR SPR SRPU I SPR
•s Public or Semi-Public Building SPR SPR SPR SPR SPR SPR SPR I SPR
w School SPR SPR SPR SPR SPR SPR I SPR
s SIftUI0 12SM11Y..Dw081 SPR
411
a K4kV Notes
ao PU■Permitted Use 1 A Golf drivip2 range is an allowed a use
a, SPR a Site Plan Review Use 2 Golf driving ran not aliovwd
(3)Professional offiosa/office buildings shall be located vvithin 1000 feet of the arterial
P-Ssal Use Permit R wined roadvwy as Identified In 179-19-020(5).
PftWW by Plwep 7dn MeuM,r.aoo,
Town of Queensbury
Table 3: Summary of Allowed Uses in Industrial Districts
A B c D E
Commercial Light Veteran's Heavy
Industrial Industrial Field Light Industrial
Industrial(4)
1 INDUSTRIAL USE TABLE
z 1 C14A LI VF4J I HI
3 Industrial/Related Uses
a Adult Use Establishment
sAgricultural Service Use SPR
s Asphalt Plant SPR
7 Assembly Operation/Use SPR SPR
s IBuilding SupplyfLumberyard SPR
a Bus Storage Facility SPR
10 Cement Manufacturing SPR
11 Chemical Plant SPR
12 Construction Company SPR
13 Distribution Center SPR SPR
14 1 Electric Power Plant SPR
15 Fuel Supply Depot SPR
16 Heavy Equipment Storage/Sales/Services SPR
17 Heavy Indust SPR
1s Junkyard
1a L' ht Industry SPR SPR SPR
20 11-ogging Company SPR
21 Mobile Home 1
22 Office SPR 2 SPR
23 Passenger Limousine Service SPR
24 Railroad Service or Repair Facility SPR
25 Research&Development Facility SPR SPR
26 Restaurant SPR
27 Sand&Gravel Extraction SPR SPR
2e Sand&Gravel Processing SPR
29 Self Storage Facility SPR SPR
3o ITelecommunications Tower SPR SPR
31 1TV or Radio Station SPR SPR
32 lWholesale Business SPR
33
34 1 Other Uses
35 1 Public or Semi-Public Building SPR
3e 1 Retail Businew/Use R 3
37 1 School
3a 1 Place of Worship SPR
39
ao 1 Key
41 1PU=Permitted Use
42 1 SPR=Site Plan Review Use
43 1 SUP=Special Use Permit
as
as 1 ANowed orly win those of the district fa&V within the Mobile Home District.
46 See . Adams
47 2 Maximum size for this use is 10,0W s.f.in this district
a8M Ddye-thm windows are not allowed
as 4 See the Findings Statement for the Veteran's Reid Industrial Park Environmental Invact Statement for
80 1 rWaft to this district
Nep-W by PknnN Staff (5 8) October 12,2001
Queensbwy Zoning Ordiwnce
Adopted April 1.2002
§ 179-4-030 Schedule of Area and Bulk Requirements
The Schedule of Area and Bulk Requirements is found on Table 4 which follows.
f
(59)
Qu-ubwy 7onug Ordinance
Adopted April/,M2
Insert Table 4(Page 1)
Table 4(Page 2)
(60)
Town of Queensbury
Table 4: Summary of Dimensional/Bulk Requirements
Page 1 of 2
District Symbol Minimum Minimum Setbacks Minimum Maximum I Notes
Lot Size Floor
Lot Width4'1 Depth Area for Front Side M Rear M Shoreline Percent Building Area
Clustering Permeable Height OL) Ratio
FAR
Land Conservation LC-42A 42 Acres
400 210 acres 100 100 100 100 95 40/35 n1
LC-IA 1 Acne 400 5 scrof 100 1 100 100 100 96 401 r31
Parkland PR-42A 42 Acres
Recreation 800 800 210 acres 100 100 100 100 90 40135"1
PR 10A 10 Acres 400 0 50 acres 100 100 100 100 80 40/3 1�1
Rural Residential RR-5A 5 Acres 200 25 acres 50 30 30 75 75 40/35t61
RR-3A 3 Acres 200 15 acres 50 30 30 75 75 40/3 (3)
Waterfront W R-3A 3 Acres
Residential 30 ft front 26,20,15, 25,20,15, Principal
yard at road, 12;varies 12;varies structure:
75 ft.a with lot width with lot width 28
150 15 acres shoreline (4) (5) 75 65 Ga e: 18 0.22
WR-IA 1 Acre
30 ft.front 25,20,18, 25,20,15, Principel
yard at road, 12 varies 12 varies 50(or*vs.of structure:
50 ft, with lot width with lot width structures on 28
150 10 acres shoreflne (4) (61 ad).Lots 65 Gara : 16 0.22
Urban Residential UR-IA 1 Acre 10 min.
150 5 acres 30 Sum 30 20 75 50 40
v
UR-10 10,000 sq.ft. 0 min.
75 50 000 ft. 30 Sum 30 10 75 30 40
Multifamily MR-6 5,000 sq.ft.
Residential 80 — 25,000 sq.ft. 30 10 10 75 30 40
Mixed Use MU 20,000 sq.ft.
plus 5,000 100,000 sq. Permeable
sq.ft.per
dwelling unit ft Area/Ht.
100 120 • 20• 20• 75 30 50 Control donal
Professional Office PO 20,000 sq.ft.
plus 6,000 100,000 sq. 1 Principal
dwelling unit Per Bid 0,000
n ft' 9M
80 50 20 20 75 30 40 ft.2
Suburban SR-IA 1 acre 10 min;
Residential 150 10.000 so.ft. 30 sum 30 20 75 50 40
SR-20 20,000 sq.ft.
plus 5,000
sq.ft.per
dwelling unit 10 min;
100 NA 30 sum 30 10 75 30 40
SR-15 15,000 sq.ft. 10 min;
75 NA 30 sum 30 10 75 30 40
Single Family SFR 1A 1 acre
Residential 150 NA 30 20 20 75 1 65 40
SFR 20 20,000 sq.it 15 min;
100 NA 30 sum 40 20 75 30 40
Prepared by Planning Staff August 17,2001
Town of Queensbury
Table 4: Summary of Dimensional/Bulk Requirements
Page 2 of 2
District Symbol Minimum Minimum Setbacks Minimum Maximum Notes
Lot Size Floor
Lot Wldthttl Depth Area for Front Side m Rear Shoreline Percent Building Area
Clustering Permeable Height(%) Ratio
FAR
SFR-10 10,000 sq.ft.
75 30 10 10 75 30 40
Recreation RC-3A 3 acres 1 Principal
Commercial 200 150008
.ft. 50 30 30 75 65 50 Btd acres
RC-15 15,000 sq,ft. 1 Principal
75 ft. 30 10 30 75 30 50 Bid 15'0M.2
Highway HC-Mod 1 acre
Commercial 20 min;
Moderate 150 200 NA 50 sum 50 25 75 30 40 0.3
Highway HC-Int 1 acre
Commercial 20 min;
Intensive 150 200 NA 50 sum 50 25 75 30 40 0.3
Neighborhood NC-IA 1 acre
Commercial 150 150 10.000 sq.ft. 50 30 15 75 30 30 0.22
NC-10 10,000 sq.ft.
75 75 10,000 sq.ft. 40 15 15 75 25 30 0.25
Commercial CI-IA 1 acre
Industrial 200 200 NA 50 30 30 75 30 50 0.3
.. Light Industrial LI 1 acre 200 200 NA 50 30 30 75 30 50 0.3
Light Industrial LI-VF 1 acre
et ran's Field 200 200 NA 50 20 20 75 30 35 0.3
Heavy Industry HI 3 acres 300 400 NA 100 50 0 200 30 60 0.3
Enclosed Shopping ESC-25A 25 acres
Ce
nt r 800 NA 40 30 30 75 14.5 me) 7
1)Mnimum lot widths require compliance with&coast management requirements for shared driveways or double lot width.
Notts: 2)When adjoining other use districts,8u buffer requirerents apply.
3) 35 ft,building height applies within the APA
4)Or the average setback of the two(2)adjoining principal buildings,whichever Is greater.
5)Lots<W ft.vAde:12 ft.setback,50-60 ft.:15ft.,60-100k:20 ft.,and>10011.:25 ft.
6)Those building facts which directly face an existing public ROW must meet the 50-foot requirements.All other building faces shall not exceed 80 fast
7)First 25 apes-16,000 sq.ft.of GFAlacre for single story,20,000 sq,ftiscre for multistory.An additional 500 sq.ft.of land area required for each 225 sq.ft.t3FA of single story buildings and 300 sq.ft.t3FA or
potion thereof of muld-story buildings.
NA: Not Allowed
TOD-Datsd on the establishment of the building line
Design Ouldelint a may require additional dirnenslonal elements
Prepared by Planning Staff August 17,2001
Queensbury Zoning Ordinance
Adopted April 1,2002
§ 1794-040 Parking and Loading Regulations
Off-street Parking and Loading.
A. The following regulations apply to mandatory parking off of public or proposed
public right-of-ways. There are three primary considerations when designing off-
street(right-of-way) facilities:
1. Sufficient space for adequate parking and circulation of probable vehicle space
demand
2. Safety of through-property designed egress and guaranteed access for
emergency vehicles.
3. Safety for pedestrians.
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
shall consist of at least 162 square feet and shall be at least nine feet wide by 18 feet
long, except-that lots in excess of 200 spaces may devote up to 5% of their area to
spaces that are 81/2 feet wide by 18 feet long. Each parking space shall be reached
by an access driveway at least 24 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.
1. For any building having more than one use, cumulative parking space shall be
required as provided for each use.
2. In general, parking shall be provided on the same lot as the principal use.
However,parking may be provided on a separate lot or tax parcel that is within
300 feet of the principal use, provided that the two lots are under the same
ownership and there are covenants which tie the two Iots together.
3. In any district, the Planning Board may, at its sole discretion, approve the joint
use of a parking facility and a reduction in the parking requirement of up to 30%
by two or more principal buildings or uses, either on the same, adjacent or
nearby parcels,where it is clearly demonstrated that the reduction in spaces and
shared use of the parking facility will substantially meet the intent of the
parking requirements by reason of variation in time of use by patrons or
employees among such establishments or by virtue of pedestrian pathways that
facilitate walking within %2 mile. There shall be a covenant on the separate
parcel or lot guaranteeing the maintenance of the required off-street parking
facilities during the existence of the principal use. Such covenant shall:
a. Be executed by the owner of said lot or parcel of land and the parties having
beneficial use thereof; ,
b. Be enforceable by either of the parties having beneficial use thereof as both;
and
c. Be enforceable against the owner,the parties having beneficial use, and their
heirs,successors and assigns.
(ss)
Queeasbury Zoning Ordinance
Adopted Apri11,2002
4. Unless specified as gross leaseable floor area, 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 floor area occupied
by HVAC equipment,basement, cellar and attic areas used primarily for storage
or service.
5. All parking shall be lighted in accordance with the standards in§ 179-6-020.
6. The Planning Board shall, however, have the authority to require or permit
fewer than the required parking spaces for any use, provided that 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 that
it is needed at some time 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 chapter
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.
9. When a change in the intensity of use of any building or structure would
increase the required parking by ten(10) or more spaces, cumulatively from the
date of enactment of this section, through an addition or change in the number
of dwelling units, gross floor area, gross leasable floor area, seating capacity, or
other units of measurement specified herein, the increment of additional
required parking shall be provided in accordance with this section, unless a
waiver is granted by the Planning Board. If fewer than ten (10) spaces are
required by a change or a series of changes in use, the requirement for such
space shall be waived.
10.No use may provide parking in excess of 20%over the amount specified in this
section.
C. Off-street parking schedule. The Off-street parking schedule is found on Table 5
which follows. Parking requirements for uses not listed in this schedule shall be
determined by the Planning Board, which shall consider the requirement for the
most similar use(s)in making its determination.
(64)
Qweewbwy Zoning Ordinance
Adopted April 1.2002
TOM OF OUEEN.SBURY
PARKING RECOMEMENTS
Mtr
Adult Use Establishment Same as Restaurant
Amusement Center 1 per 200 s.f of gross floor area
AWkWkKal Service Use 2 pkis 1 per employee
Asphalt Plant 1 per employee on to nuodmum vxxidng shift
1 per employee on the nuaodmxan working shift plus 1 per
AsseniMy OperafiorOJse compw#y vehicle
(Auto Body/Repair Shop 2 pkis 2 per repair bay
1 per 200 s.f.of floor area plus 1 per 6W s.f.of service
Automotive Sales and Service area.
Bank 11 per 200 s.f.of floor area
Bed and Breakfast —_ 1 per guest room skis 2 soaces
1 per 200 s.f.of won floor area
1 Lmr campsite pkm 1 per 200 sf of btW&V area
1 per bay plus 1 per 2 employees on the maximum
Car Wash wakkv shift
1 per 2 emplo ees on the maximum woddng shift
Cemetery I 1 per 5 acres
1 per 2 employees on the nwdmu m working shift pkis 1
Chemical Plant for each company vehicle
1 per 200 sf of floor sales area plus 1 per 600 sf of service
Comrnerdal boat salesJservicelst area
Con fraction 1 per 300 s.f.of office area pkis 1 per company vehicle
Convenience Store 1 per 150 s.f.of floor area
Convention Center 1per 4 seats pkis 1 per 2 employees
Day Cara Center 1 per 2 employees on fie maxMnum workkV shift
1 per 2 employees on the maximum working shift plus 1
Distribution Canter for each comparW vehicle
1 per viewing stall pkrs 1 per employee on the ma*mmn
Drive-in Theater shift
2 per dweNkV unit except in the MU,UR PO and MR
Dwang th* districts where the requirement is 1.6 unit
Electric Power Plant 1 per 2 employees on the maximum woddng shift
5 per 1,000 s.f.of gross leasable floor area up to 150,000
s.f.;4.5 per 1,000 s.f.of g.l.a.from 160.000 to 500,000
)Endosed Center s.f.;4 per 1000 s.f.of g1a.above 500 000 s.f.
11 space for each 25 s.f.of gross leasable floor area pka 1
for each 4 seats,plus 1 per 2 employees on the maxkm mn
Fast Food Restaurant wormysm
(65)
Queenrbury7nning Ordf--
Adopred April 1,2002
TOWN OF QUEENSBURY
PARKING REQUIREMENTS
Fuel Supply Delxlt 1 2 employees on the ma)dmum working shift
Funeral Home 11 per 400 s.f.of floor area
clallery I 1 oer 300 s.f.of floor area
2 Plus 2 per repair bay
- -- I 1 per 200 s.f.of floor area within enclosed buildings phis 1
for every 3 persons the course is designed to
accommodate at maximum occupancy plus 1 Per driving
Golf Course range tee
GroW Camp 1 W 2 employees on the maximum working shift
1 per 2 bedrooms phis 1 per 2 employees on the
Health Related Facilityworking shift
Heavy Equipment 1 per 200 s.f.of floor sales area phis 1 per 600 s.f.of
S s/Service service area
Heavy kx1ustry 1 per 2 employees on the max nun working shift
Junkyard 1 per 2 s
Kennel 1 per 600 s.f.of area devoted to the use
1 per 2 employees on the maximum working shift phis 1
Ught Manufacturing for each can vehicle
Lodge Same as Tavern
Logging Company 1 per 300 s.f.of office area plus 1 per company vehicle
Marina 1 for each 2 boats for which a space is provided
Motile Home Sales 1 per 1000 s.f.of area devoted b the use
Motel 1 per room
Movie Theater 1 4 seats
1 per 300 s.f.of sales area phis 1 per 2 employees phis 1
Nursury per company vehicle
Office 1 per 300 s.f.of gross leasable floor area
Passenger Umousine Service 1 per vehicle
Personal Service Establishment 1 per 300 s.f.of gross leasable floor area
Place of Worship 1 per 5 seating spaces in the main assembly area
Produce Stand 2 per 100 s.f.of area devoted to the use
Professional Office I 1 per 300 s.f.of gross leasable floor area
Railroad Service or Repair FacWty 1 ow 2 employees on the maximum working shift _
1 per 2 employees on the maximum working shalt plus 1
Research and Development Facd'i!v for each comoany vehicle _
1 per 4 seats plus 1 per 2 employees,whichever is
preater,or if a tavern is present is also present,the
Restaurant requirement shall be the greater of the two uses
Retail Business I Same as enclosed shopping center
Riding Academy 1 per 2 horse stab d
(66)
Qieensbery Zoning Ordw ance
Adopted April 1,2002
TOWN OF aLMEMSSM
PARKNO RE Ts
rl
ri
e "
(67)
Q---bury Zoning Ordinance
Adopted April 1.2002
D. Off-street Loading.
1. Except as provided in Subsection D 2, at least one off-street loading facility
shall be provided for each commercial or industrial establishment hereafter
erected or substantially altered to have a gross floor area in excess of 5,000
square feet, computed as described below. Space for an off-street loading
facility shall be in addition to space for off-street parking.
2. An enclosed shopping center shall provide three off-street loading spaces for
each department store tenant, plus such additional, if any, centralized loading
facilities as may be reasonably necessary to service interior mall tenants, taking
into consideration interior service corridors, traffic and parking patterns and
architectural design.
3. Each off-street loading facility shall be subject to the following minimum
requirements:
a. Each berth shall be not less than 12 feet wide, 40 feet long and, when
covered, 14 feet in height.
b. Off-street loading facilities located within 50 feet of a residential property
shall be shielded by walls, fencing or other suitable material which shall
serve to screen noise and uncontrolled entrances.
E. Bicycle Facilities
Any use required to have 50 or more parking spaces shall supply one bicycle rack per 50
spaces.This requirement may be modified by the Planning Board at its discretion.
§ 179-4-050 Mobile Home Overlay Districts
A. Purpose. The Town of Queensbury, in order to provide alternative housing types
and to provide affordable housing, has identified areas within the town where
mobile homes and mobile home parks may be located.
B. Designated areas. Areas designated for single mobile home sites and for mobile
home parks and subdivisions are shown on the zoning map.
C. Regulations. The location, density, sitting and overall development of the mobile
home parks, mobile home subdivisions or individual mobile home sites shall
conform with all other sections of this chapter and Chapter 113,Mobile Homes.
§ 179-4-060 Travel Corridor Overlay Districts
A. Purpose. The Town of Queensbury realizes that as the town and the region continue
to grow, the need for improved local arterial roads will become important to the
movement of traffic within the Town of Queensbury. In order to maintain the rural
character along these roadways and/or to allow widening of these roadways in the
future, increased setbacks for new construction has been established along the
major regional arterials in the town.
(68)
Queensbury zoning ordinance
Adopted April 1,1001
B. Designated arterials.The following roads shall comply with the requirements of the
Travel Corridor Overlay Zone:
1. Route 9 from the Glens Falls City line north to the Lake George Town line.
2. Ridge Road from the Glens Falls City line north to Route 149.
3. Corinth Road from the Luzern Town line east to Route I-87.
4. Aviation Road from Route I-87 east to Route 9(See below).
5. Route 149 from Route 9 east to the Fort Ann Town line.
6. Bay Road from the Glens Falls City line north to Route 149.
C. Regulations.All buildings hereafter erected or altered within this Travel Corridor
Overlay District shall be set back 75 feet from the edge of the road right-of-way.
The setback along the south side of Aviation Road shall be 40 feet. Along Bay
Road only,this seventy-five-foot setback shall be maintained as open space,as
defined by this chapter. Additionally,within portions of the Rt. 9,Ridge Road,
Aviation Road,Rt. 149 and Bay Road Travel Corridor Overlay Zones,design
guidelines shall also apply(See Article 7).
§ 179-4-070 Shoreline Setbacks
The minimum setback from the mean high-water mark of all principal buildings and
accessory structures, other than docks or boathouses, shall be 50 feet or the average
setback of the houses on the two adjoining lots, whichever is greater, in the WR-IA
Zone, 75 feet in the WR-3A, LI, SR, SFR, UR, MR, PO, CI and RR Zones and all
Commercial Zones, 100 feet in LC and PR Zones and 200 feet in the HI Zones. See
Figure 2.
§ 179-4-080 Minimum Water Frontage
The minimum lot water frontage measured along a shoreline as it winds and turns for
each one-family residential structure shall be 75 feet in UR, SR-15, SFR-10, RC-15 and
NC-10 Zones; 80 feet in the PO and MR-5 Zones; 100 feet in the SR-20, SFR-20 and MU
Zones; 150 feet in the WR-1 A, SR-IA,SFR-1 A,HC-Mod and HC-Int and NC-IA Zones;
200 feet in the WR-3A, RR, RC-3 and HI Zones; 400 feet in the LC and PR-10 Zones;
and 800 feet in the PR42 Zone. Nothing herein shall be deemed to preclude the
application of appropriate shoreline restrictions to new uses other than one-family
residential structures subject to site plan review or otherwise by this chapter.
§ 179-4-090 Frontage on Public Streets
Every principal building shall be built upon a lot with frontage upon a public street
improved to meet the standards of the Town of Queensbury.
(69)
Qaeensbury Zoning Ordinance
Adopted April 1,2002
SETBACKS FOR WA TERFRONT 10TS
(SEE WATERFRONT RESIMWnAL ZON£SSSCAONS 179-4-030)
FRONT YARD AT ROAD - -W SETBACK
f I I I I I I
F4_ _ J 'rT• s��. — J's Fz av fr.L_ J ao rt n fx L — — — J n Fr
SHORELINE SETBACK FOR YIR-1A, 75 FOR 'AR-3A OR AVERAGE SETBACK OF
THE TWO ADJACENT HOUSES, W*CFEVER IS GREATER.
LOT WDTN
0-50' >501S 60, >60'ANO A50' 150'AND GREATER
LYAMAm Or Sfmwca AS-9rCrAm AV )m awAER rm II61?Dwwcwr toys
TFiE a rr opaoW
1oMM or QUEEMSBIW wo.
s s 0)`54-3 ZONING ORDINANCE FIG. 2:
CCM P IES `tie ax.e.iee oryaor
+��'�.�+ TOWN OF O:UEENSBURY dow
rn�.Mr +zass
EIW—/S-v"— Ph"c (518)"-on FIGURE 2 7/18/01
Pl nnm eaaw ftm a ff—
EmtraroaMa Samtista 110 Gw^5~ ' °fO "O'
+a) + V"a a�cc MMY wwacN abWTY ►rtw V= 39MOD
51 s
(70)
Queensbury Zoning Ordinance
Adopted April 1.2002
A. The required frontage for one principal building shall be 40 feet, and such frontage
shall provide actual physical access to and from the lot to be built upon, for
purposes of ingress and egress to the lot by emergency vehicles, such as fire trucks
and/or ambulances.
B. Where private roads are proposed or where multiple principal buildings are
proposed for one lot, such as garden apartments or an office park, the minimum
frontage on a public road for such use shall be the width of the right-of-way for a
public collector street. Such development shall provide actual physical access to
and from each principal building to be built upon the property, for the purpose of
ingress and egress to each principal building by emergency vehicles, such as fire
trucks and ambulances.
§ 1794-100 Lots Bounded by Two Roads or a Road and a Shoreline
The definitions of front, rear and side yard notwithstanding, where a lot is bounded by
two roads (a public road or public right-of-way exclusive of private right-of-way), or a
road and a shoreline, any front yard or setback requirements set forth in this chapter shall
be met on both such boundaries. Both areas or sides of the lot adjacent to each road or
shoreline shall be considered front yards for chapter compliance purposes. The remaining
areas shall be considered rear yards. The lot will be treated as if it had no side yards,but
only front and rear yards, for zoning compliance purposes.
(71)
Quee-bW Zoning Ordinance
Adopted April 1,2002
Article 5 Supplementary Regulations
§ 179-5-010Intent
The provisions of this article shall be subject to the exceptions,prohibitions,requirements
and/or limitations as hereinafter provided.
§ 179-5-020 Accessory Structures
A. Accessory structures of less than 120 square feet shall be a permitted use in all
zoning districts.Accessory structures in non-residential zones that exceed an area of 120
square feet shall be subject to site plan review in the zoning districts shown in the
Schedule of Permitted Uses(see Article 4).
B. Minimum Yard Regulations
1. Unattached accessory structures in LC42A, LC-10A, RR-3A, RR-5A, WR 1 A,
WR-3A, UR-IA, UR-10, MR-5, SR-lA, SR-20, SR-15, SFR-10, SFR-20 and
SFR-l A Zones. Accessory structures, which are not attached to a principal
structure,may be erected in accordance with the following restrictions:
a_ Accessory structures of less than 120 square feet may be erected at a
minimum of five feet from side and rear lot lines or buffer zone where
required, provided that they may not be located closer to the street than the
required setback line of the principal structure; and
b. Accessory structures greater than 120 square feet must comply with the
setback requirements applicable to the principal structure.
2. Attached accessory structures in LC-42A, LC-10A, RR-3A, RR-5A, WR-IA,
WR-3A, UR-lA, UR-10, MR-5, SR-IA, SR-20, SR-15, SFR-10, SFR-20 and
SFR-IA Zones. When an accessory structure is attached to the principal
building, it shall comply in all respects with the requirements of this chapter
applicable to the principal buildings.
3. Accessory structures in other zones. Accessory structures shall comply with the
front and side yard requirements for the principal structure to which they are
accessory and shall not be closer than 10 feet to any rear property line or buffer
zone,if required,or closer than 50 feet to another building.
4. No accessory structure may be erected without a principal use.
C. Private swimming pools. Private swimming pools, permanent and portable, which
shall be accessory to a principal, noncommercial dwelling use, shall be regulated as
follows, except that these regulations shall not apply to portable swimming pools
which shall be not more than three feet in height nor more than 15 feet in length.
1. Pools may be erected only on the same lot as the principal structure.
2. Pools may be erected only in the rear yard of such structure and shall be of a
distance not less than 20 feet from the rear lot lines or buffer zone, where
(72)
Queemsbury Zoning Ordinance
Adopted April 1.2001
appropriate, nor less than 10 feet from the side lot line or buffer zone, where
appropriate.
3. Such use shall not adversely affect the character of the neighborhood.
4. All private swimming pools shall be enclosed by a permanent fence of durable
material at least four feet in height.
5. In the case where a lot fronts on two or more public rights-of-way, a private
swimming pool shall be erected only on that portion of said lot that is directly
adjacent to that side of the principal building which is directly opposite the
architectural main entrance of said building and the neighboring side lot line. In
no case shall the pool be any nearer to the lot lines abutting any public right-of-
way than the required front setback for the principal building of the zoning
district in which it is located. Furthermore, the pool shall be screened from the
view of the public right-of-way and the neighboring property by means of
landscaping. (See the definitions of"landscaping"in Article 2.)
D. Sheds and Garages. Storage sheds may not exceed 200 square feet in floor area in
the Single Family Residential (SFR) district or 500 square feet in floor area in all other
districts. Garages may not exceed 900 square feet in floor area in any residential district.
Only one storage shed and one garage is permitted per lot. Additional storage shed
structures or storage structures in excess of the area requirements shall be subject to the
granting of relief from the ordinance by the Zoning Board of Appeals.
§ 179-5-030 Agricultural Uses
A. Within any Cl, ESC, HC, HI, LI, MR, MU, NC, PO, RC, SFR, UR or WR district
the keeping of livestock, poultry, fowl or any large or small farm animals shall be
prohibited.
B. Within any district other than those cited in Section § 179-5-030 A above, poultry,
fowl or small farm animals such as sheep or goats may be kept, however, not
including swine or cows,provided that:
1. The property is a minimum of five acres.
2. The animals must be housed at least 50 feet from the property line.
C. Within any district other than those cited above, horses and ponies may be kept for
private,non-commercial use,provided that there is a minimum of five acres for the
first horse or pony and a minimum of two additional acres for each additional horse
or pony.
D. Within the RR, PR and LC districts, large farm animals such as'cows, horses and
swine may be kept,provided that there is a minimum of 25 acres.
(73)
Quee-bury Zoning Ordinance
Adopted April I,2002
§ 179-5-040 Conversion of Seasonal Dwelling Units
The conversion to year-round occupancy of any seasonal use 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 § 179-5-110, Sanitary Requirements In Waterfront Residential Districts, shall
also apply.
§ 179-5-050 Docks and Moorings
A. Docks. In all residential and recreation commercial zones, docks may be
constructed on any legal size building lot,subject to number, size,configuration and
setback restrictions and for which a building permit has been issued.
1. No dock shall be constructed in any configuration other than straight,pier, T, L,
U,E or F shape.
2. No dock shall extend more than 40 feet offshore from the mean low-water
mark, except that in streams or brooks, no dock shall extend offshore more than
20%of the width of the stream or brook at the point of construction.
3. No dock, wharf or mooring shall be constructed or placed so as to extend
offshore more than 100 feet from the mean high water mark.
4. No pier shall exceed eight feet in width, and the total width of any dock or
wharf,including all lateral projections,shall be 40 feet.
5. The maximum surface area of any dock or wharf shall be 700 square feet,
including any walkway. For the purpose of computing the maximum surface
area,no portion of the structure shall be included within the computation which
extends upland of the mean high water market, and the minimum allowable
width of any dock,wharf,pier,lateral projection or finger shall be two feet.
6. Every dock or wharf constructed shall have a minimum setback of 20 feet from
the adjacent property line extended into the lake on the same axis as the
property line runs onshore where it meets the lake or at a right angle to the mean
high-water mark,whichever results in the greater setback.
7. No dock shall be constructed so as to interfere with normal navigation or
reasonable access to adjacent wharves.
(74)
Queensbwy Zoning Ordinance
Adopted Ap W!,2002
8. The number of docks permitted to be constructed per lakefront lot is limited as
follows:
Number of Feet of Lake Frontage Docks
45-65 1 straight pier, a minimum of 45 feet is
required for the construction of a wharf
66-150 1 straight T,L,or U-shaped wharfs
151-250 2 straight T,F,L or U-shaped wharfs OR 1
E-shaped wharfs
251-500 3 straight T,F,L or U-shaped wharfs OR 2
E-shaped wharfs
501 or more 4 straight T,F,L,E or U-shaped wharfs
plus,for each 150 feet over 501, 1
additional wharf
9. No dock shall be constructed unless designed to withstand forces of flowing
water and wave washes.
10 Boathouses and covered docks shall not exceed 14 feet in height measured from
the mean high water mark to the highest point of the structure.
11.Boathouses shall be designed and constructed solely for the storage of boats and
related equipment and shall not include provisions for sleeping, cooking or
sanitary facilities.
12.No wharf shall be constructed within 50 feet of a wetland, except Lake George,
which is located adjacent to or along the shoreline.
13.Treated lumber, when used for the construction of docks, shall be the sealed,
non-leaching type.
14..All crib wharfs shall be of the open crib type.
B. Moorings.
1. The number of moorings allowed per lakefront lot is limited as follows:
Feet of Lake Frontage Number of Moorings
45-65 0
66-150 1
151-250 2
251-500 3
501 or more 1 additional mooring for each 150 feet over
500 '
2. Moorings shall be placed so that vessels moored to them, at the full swing of
their mooring or anchor line, will be no closer than 20 feet to the projection of
(75)
Queensberry Zoning Ordinance
Adop ed April I,2002
the property lines extended into the lake along the axis of the property lines as
they intersect the lake or a line extended at a right angle to the mean high-water
mark, whichever results in the greater setback. Moorings shall not be placed so
that the full swing of the vessel extends more than 100 feet offshore from the
mean high-water mark.
C. Miscellaneous Provisions
1. No owners of the upland property shall fail to completely remove any pilings,
floats and/or any other related components which are abandoned or fall into
disuse.
2. No person shall fail to comply with any special conditions attached to any
permit issued for the construction of a dock.
3. A permit is not required for repairs to an existing dock if such repairs do not
alter its size, shape,or location
§ 179-5-060 Fences
A. General provisions.The Figures 3 and 4 provide illustrations of the fence provisions
of this ordinance.
1. In no case shall barbed wire, electric or similar materials or devices be used in
conjunction with or as part of any fence. The provisions of this subsection shall
not apply to fences on premises used for farm, limited industrial and utility
purposes.
2. No fence shall be permitted which is expressly designed with the intent to injure
or maim anyone who attempts to climb such a fence.
3. A Clear Vision Zone shall be maintained.
B. Nonconforming fences. Fences lawfully existing at the time of the passage of this
chapter shall be deemed nonconforming appurtenances and shall be treated as
nonconforming uses under this chapter.
C. Residential zones
1. All fences in a residential district shall have the most pleasant or decorative side
facing the adjacent properties.
2. No fence over four feet in height shall be erected or maintained in the
architectural front yard. The "architectural front yard" shall be defined as the
yard facing the side of the building containing the architectural main entrance to
the house.
3. No fence over six feet in height shall be erected or maintained in any rear yard
or side yard; no fence over five feet in height shall be erected or maintained in
the front yard not considered to be the architectural front yard
4. No stockade-type fence shall be allowed in any front yard.
(76)
Queensbury Zoning Ordinance
Adopted April 1,2W2
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(77)
Qreembury Zoning Ordinance
Adopted April 1.2002
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(78)
Queensberry Zoning Ordinance
Adopted April 1,2002
D. Industrial or commercial zones
1. A fence eight feet high with a barbed wire top or an electric shock fence,which
would not be detrimental to health,safety or welfare of any person coming into
contact with it,may be permitted,provided that said fence meets one of the
following requirements:
a. The fence is needed to prevent entry to an area which could be hazardous to
the health,safety or welfare of a person or persons.
b. The fence is needed to secure an area where materials and/or equipment are
stored.
c. The fence is needed to keep animals other than common household pets,
except in a kennel situation,from leaving the site.
d. Where the general community interest or interests of national safety justify
the need for such a fence.
2. Where a fence is electrified, signs at intervals of not more than 50 feet shall be
erected on the fence to clearly indicate the fence is electrified.
3. Fencing for commercial and industrial districts and utility facilities shall be
approved by the Planning Board under site plan review
E. Shorelines
1. No fence greater than four feet in height, as measured from the level grade
at a point along said fence,shall be erected within 50 feet of the mean high-water mark of
the shoreline.
2. No fence greater than 100 square feet in area, measured by the vertical
surface area of one side as circumscribed by its perimeter, shall be located within the
shoreline setback.
§ 179-5-070 Golf Course Driving Ranges
Golf course driving ranges are permitted in the following zoning districts: RR-5A, RR-
3A,RC-15,RC-3A and HC-Int.
§ 179-5-080 Home Occupations
A. In general:
1. This chapter shall not prevent individuals, owners, lessees or purchasers under
contract from conducting a business, trade, or profession in their homes or
residences,provided that they meet the standards set forth by these regulations.
2. The activity shall not alter the primary use of the premises as a residence and
shall be limited to its utilization for other than residential uses to thirty (30)
percent of the total floor area of the residence or 500 square feet whichever is
less. .
(79)
Queensbury Zoning Ordinance
Adopted April 1,2002
B. Home occupations shall be permitted as an accessory use for any residential use
provided that the following standards are maintained by all persons engaged in such
activities:
1. Only the occupants of the residence and one (1) non-occupant of the residence
may conduct the activity.
2. In no way shall the appearance of the structure be altered nor shall the activity
within the residence be conducted in a manner which would cause the premises
to differ from its residential character either by the use of colors, materials,
construction,lighting,signs,or the emission of noises,odors,or vibration.
3. There shall be no exterior storage of stock or equipment.
4. There shall be no customer traffic unless noted otherwise.
5. There shall be no wholesale or retail sale of goods on the premises.
6. No signs are allowed.
C. Permitted Home Occupations. Subject to the requirements herein, and
notwithstanding anything to the contrary set forth above, customary home
occupations include,but are not limited to,the following:
1. Consultation or emergency treatment by a doctor or a dentist, but not the
general practice of such profession.
2. Home office facility of a salesperson, sales representative or manufacturer's
representative provided that no retail or wholesale transactions are made on the
premises.
3. Office facilities for ministers,priests and rabbis.
4. Home crafts such as model making,rug weaving, and lapidary work.
5. Workshop or studio for and artist, photographer, craftsman, writer, composer,
dressmaker,tailor or computer programmer.
6. Facilities for instruction to not more than three(3)pupils at any given time such
as in music or dance.
7. Homebound employment of a physically or mentally handicapped person who
is unable to work away from home by reason of disability.
E. Prohibited home occupations. Notwithstanding anything contained herein to the
contrary,permitted home occupations shall not,in any event,be deemed to include:
1. Nursing homes,medical offices,clinics,or hospitals.
2. Antique or furniture shops.
3. Barbershops,hair stylists or beauty salons.
4. Funeral homes,mortuaries or embalming establishments.
5. Restaurants.
6. Private clubs or lodges.
7. Stables,kennels or animal hospitals.
(80)
Queensbury zoning Ordinance
adopted April I,2002
8. Boarding houses,tourist homes or"bed&breakfast"establishments.
9. Office facilities for accountants, architects, brokers, engineers, land surveyors,
lawyers,planners,insurance agents,realtors,and financial planners.
§ 179-5-090 Minimum Floor Area
The minimum floor area per dwelling unit shall be:
Floor Area
Type (square feet)
Single-family dwelling 800
2-family dwelling,each unit 750
Multiple residential,each unit 600
§ 179-5-100 Multiple-family Dwellings
A. Density. Each unit in a duplex or multi-family structure shall be required to have
the minimum lot area for the district in which it is located.
1. Duplexes. Because of the similarity in appearance of duplexes to single-family
detached homes, similar yard requirements are typical, except that each housing
unit requires the total side yard area.
2. Multifamily and larger unit configurations. See the requirements of Article 4
hereof and Chapter A183, Subdivision of Land.
B. Access.
1. Road design. All nonpublic roads used for vehicular circulation in all
multifamily projects shall be designed in width, curvature, etc., to
accommodate service and emergency vehicles and shall meet all town
standards for public roads.
2. Ingress and egress. Where project roads intersect public roads,the subdivision
site distances and grades shall apply. Generally, all road systems should be
looped,if possible,minimizing dead-ends and cols-de-sac.
3. Pedestrian walkways. Pedestrian walkways shall be provided connecting the
housing units to vehicular storage areas and recreation areas. Pedestrian
walkways shall be separated from project roads with adequate visual
indications or crosswalks to ensure pedestrian safety.
4. Off-street parking. Adequate off-street parking shall be provided as per§ 179-
4-040,Article 4, Schedule of Regulations.
C. Water and Sewer Facilities.
1. Water facilities. Approval of water supply by the Queensbury Water
Department, when within the Queensbury Water District, or the Department of
Quem"ry Zoning Ordinance
Adopted April 1.2002
Health or other appropriate regulating agency shall be mandatory. All necessary
permits must be secured prior to construction.
2. Sewage disposal facilities. Approval of the sewage disposal system by the New
York State Department of Environmental Conservation or other appropriate
regulating agency shall be mandatory. All necessary permits must be secured
prior to construction.
D. Recreation Facilities. For multifamily projects with 50 or more units, a recreation
plan depicting what measures are being planned to meet anticipated recreation
needs of project residents shall be approved by the Planning Board.
E. Recreation Fee. Multiple Family projects are subject to recreation fees pursuant to
Chapter A 183, Subdivision of Land,of this code.
F. Permissibility. Multi-family dwellings are permitted in the following zoning
districts by site plan review: SR-IA, SR-20, SR-10, UR-1 A, UR-10,MR-5, PO and
MU.
§ 179-5-110 Sanitary Requirements in Waterfront Residential Districts
Any increase in floor area of a principal structure serviced by sanitary sewage facilities of
any kind that is located in a Waterfront Residential (WR) district and which requires a
building permit shall conform with the requirements of Chapter 136 of the Code of the
Town of Queensbury.
§ 179-5-120 Satellite Receiving Antennas
A. Not more than one satellite dish antenna shall be allowed on any residential lot for
residential purposes
B. All satellite dish antennas shall be properly anchored as determined by the Director
of Building and Code Enforcement.
C. The construction and installation of satellite dish antennas shall conform to all
applicable building codes and other regulations and requirements.
D. Satellite dish antennas shall be adequately grounded.
E. Subject to the provisions contained herein, satellite dish antennas shall be located
only in the rear yard of any lot. If a usable satellite signal cannot be obtained from
such rear yard, the antenna may be located on the side yard of the property, subject
to the requirements contained in this chapter. In the event that,a usable satellite
signal cannot be obtained by locating the antenna on the rear or side yard of the
property, such antenna may be placed on the roof of the dwelling structure or on a
pole or similar structure of sufficient size and strength to adequately support the
(82) _
Queewbury Zoning Ordinance
Adopted April 1,2002
antenna adjacent to or connected to the dwelling structure or front yard of the
property-
F. "Usable satellite signal" shall mean satellite signals from the major communications
satellite that, when viewed on a conventional television set, are at least equal in
picture quality to those received from local commercial television stations or by
way of cable television.
G. All ground-mounted satellite television antennas shall be effectively screened on all
sides that do not create an adverse picture reception by a solid fence, compact
evergreen hedge, planting screen or principal structure. All satellite television
antennas shall be located and designed to reduce or eliminate visibility from
surrounding properties at street level and from public streets.
H. A satellite dish antenna greater than three feet in diameter shall comply with the
setback requirements of a principal use or structure in the zone in which it is
located. A satellite dish less than three feet in diameter shall comply with the
setback requirements of an accessory use or structure in the zone in which it is
located, except that it shall not be located less than 10 feet from any property line or
easement.
I. A ground-mounted satellite dish antenna shall not exceed a grade height of 12 feet,
except that this provision shall not apply to antennas mounted on a pole or similar
device adjacent to or connected to the side of a principal building structure when
these regulations allow such application.
J. Wiring between a ground-mounted satellite dish antenna and a receiver shall be
placed beneath the surface of the ground.
K. Roof-mounted satellite dish antennas shall not be mounted on chimneys, towers,
spires or trees, except that the same may be mounted on a pole or similar device
adjacent to or attached to the side of the principal structure,provided that said pole
or similar structure is of sufficient strength to adequately support the antenna. The
antenna shall be placed below the ridgeline of the roof unless a usable signal is not
received, in which case the antenna may be raised to the minimal height that will
allow reception of a usable signal.
§ 179-5-130 Telecommunication Towers
A. Enabling authority. The Planning Board is hereby authorized to review and
approve, approve with modifications or disapprove site plans consistent with Town
Law § 274-a which concern the placement and operation of telecommunications
towers.
(83)
Queensbury Zoning Ordinance
Adopted Apri!/,2002
B. Purpose.
1. The purpose of this section is to promote the health, safety and general welfare
of the residents of the Town of Queensbury, to provide standards for the safe
provision of telecommunications consistent with applicable federal and state
regulations and to protect the natural features and aesthetic character of the
Town of Queensbury.
2. These regulations are not intended to prohibit or have the effect of prohibiting
the provision of personal wireless services nor shall they be used to
unreasonably discriminate among providers of functionally equivalent services
consistent with current federal regulations.
C. Designated areas. Placement of telecommunications towers is restricted to certain
areas within the Town of Queensbury. These areas are as follows: in any light
industrial and heavy industrial zone or collocated on any property where a
telecommunications tower or other tall structure (structures over 50 feet in height)
exists.
D. Application of Regulations
1. No telecommunications tower shall hereafter be used, erected, moved,
reconstructed, changed or altered, and no existing structure shall be modified to
serve as a telecommunications tower, except after issuance of a zoning permit
pursuant to § 179-16-090 and demonstration of conformity with these
regulations.
2. Exceptions to these regulations are limited to new uses which are accessory to
residential uses, and lawful or approved uses existing prior to December 15,
1997, the original effective date of the town's telecommunications towers
regulations.
3. Where these regulations conflict with other laws and regulations of the Town of
Queensbury,the more restrictive shall apply, except for tower height restrictions
which are governed by these standards.
E. Administrative review of applications for shared use of existing towers. At all
times, collocation or use of existing towers shall be preferred to shared use of other
existing tall structures or construction of new towers. Applications involving only
erection of additional antennas and related equipment on an existing
telecommunications tower shall not be subject to site plan review or a public
hearing, provided that the application complies with the terms and conditions
described below. For purposes of this Subsection E, "existing telecommunications
tower" or "existing tower" shall mean a telecommunications tower in existence at
the time an application for collocation is submitted to the Zoning Administrator.
(84)
Qnembwy Zoning Ordinance
Adopted April 1,2002
1. Application. An applicant proposing to share use of an existing
telecommunications tower shall submit the following to the Zoning
Administrator:
a. A complete site plan review application.
b. A completed visual environmental assessment form addendum (6 NYCRR
617.20 Appendix B).
c. Documentation of intent from the owner of the existing tower to allow
shared use.
d. An engineer's report certifying that the proposed collocation will not
diminish the structural integrity and safety of the existing tower or
explaining what modifications, if any, would be required in order to certify
to the above.
e. A copy of the Federal Communications Commission (FCC) license for
operation of the new equipment.
f. propagation mapping
g. photosimulation figures
h.. An application fee in the amount of$500.
2. Review. Upon receipt of a complete application,the Zoning Administrator shall
promptly forward a copy of the engineer's report to the Town Consulting
Engineer and shall review the application to determine if the proposal complies
with the following terms and conditions:
a. The existing tower shall be in compliance with any and all approvals
previously granted-
b. The proposed collocation shall not increase the height of the existing tower.
c. The proposed collocation shall not cause any portion of the resulting
structure to extend into a required setback.
d. If the engineer's report submitted as part of the application found that the
proposed collocation could diminish the structural safety of the existing tower,the
applicant shall submit a revised proposal which includes the modifications
described in the engineer's report.
e. The proposed collocation shall not involve construction of any additional
roads or parking, widening of existing roads or expansion of existing
parking.
3. If the Zoning Administrator finds that the application demonstrates compliance
with the standards listed above and the Town Consulting Engineer either agrees
with the finding of the engineer's report that the proposed collocation will not
diminish the safety of the existing tower or determines that the revised proposal
includes the required modifications described by the engineer's report, then the
Zoning Administrator shall approve the proposal and issue a zoning permit. If
the Zoning Administrator finds that the application does not demonstrate
compliance or if the Town Consulting Engineer disagrees with the finding of
the engineer's report or determines that the modifications described in the
engineer's report are not included in the revised proposal, then the Zoning
Administrator shall notify the applicant of the deficiency. The applicant may
(85)
Queensbury Zoning Ordinance
Adopted April 1,2002
then submit a revised proposal or submit the proposal to the Planning Board for
site plan review as described in Subsections F and G below for shared use of an
existing tall structure.
F. Site plan review. Site plan review pursuant to Article 9, Site Plan Review of
Chapter 179 of the Town Code shall be required for placement of any antenna in or
on an existing tall structure other than an existing telecommunications tower and for
any construction of a new tower.
1. Site plan. In addition to the requirements of Article 9, Site Plan Review, the
following shall apply:
a. General requirements. All site plan applications shall show all existing and
proposed structures and improvements including roads and shall include
grading plans for new facilities and roads. The site plan shall also include
documentation of the proposed intent and capacity of use as well as a
justification for the height of any tower or antenna and justification for any
land or vegetation clearing required.
b. Visual impact assessment. All site plan applications, whether involving
location on an existing tall structure or construction of a new tower, shall
include a visual impact assessment.This assessment shall include:
1. Pictorial representations of "before" and "after" views from key
viewpoints both inside and outside of the town, including but not limited
to state highways and other major roads and state and local parks.
2. Assessment of visual impact of the facility/structure designs and color
schemes.
3. Assessment of visual impact of the facility/structure, accessory buildings
and overhead utility lines from abutting properties and streets.
4. A completed visual environmental assessment form addendum (6
NYCRR 617.20,Appendix B).
c. Landscaping plan.
1. All site plan applications shall include a plan illustrating size, type,
placement and quantity of existing vegetation to remain as well as
vegetation to be added. The final landscaping plan will become part of
the approved site plan. All new plantings shall be planted by a date
specified by the Planning Board.
2. Existing on-site vegetation shall be preserved to the maximum extent
possible and no cutting of trees exceeding four inches in diameter
(measured at a height of four feet off the ground) shall take place prior
to site plan approval. Clear-cutting of all trees in a single contiguous
area exceeding 20,000 square feet shall be prohibited', '
3. The landscaping plan shall include deciduous or evergreen tree plantings
which may be required to screen portions of the tower from nearby
residential property as well as from public sites known to include
important views or vistas. Where the site abuts residential or public
property,including streets, at least one row of native evergreen shrubs or
trees capable of forming a continuous hedge at least 10 feet in height
(86)
&eensb-y oning Ordinance
Adopted April 1.2002
within two years of planting shall be provided to effectively screen the
tower base and accessory facilities. In the case of poor soil conditions,
planting may be required on soil berms to assure plant survival. Plant
height in these cases shall include the height of any berm.
2. In addition to any fees provided for by § 179-9-060 of the Town Code, the
applicant shall be required to pay any fees or costs incurred by the Planning
Board for legal, engineering and/or technical review, provided that the fees or
costs reflect the actual costs to the Planning Board. This fee shall not exceed
$1,000 without the consent of the applicant.
G. Standards for placement. New or modified antennas or telecommunications towers
shall be placed according to the following priority: first, collocation on an existing
tower, second,placement of antennas or other telecommunications equipment in or
on an existing tall structure located on a lot within the areas listed in § C above;
third,placement in or on an existing tall structure not located within the areas listed
in § C above; forth,placement of a new tower on a lot where a telecommunications
tower already exists; and fifth, placement of a new tower on a lot within the areas
listed in § C above. Where shared use of existing towers or structures is not
proposed, the applicant must provide documentation of the inability to utilize an
existing tower or structure.
1. Collocation on existing telecommunications towers. Collocation of
telecommunications equipment on existing telecommunications towers shall be
the preferred placement mode and may be reviewed pursuant to the
administrative review procedure set forth in Subsection F above. At the option
of the applicant, an application for collocation on an existing
telecommunications tower may be reviewed as a shared use of an existing tall
structure as provided in Subsection G 2 below.
2. Shared use of existing tall structures. At all times, shared use of existing tall
structures (for example, municipal water towers, multistory buildings) shall be
preferred to the construction of new towers. In addition to the requirements of
Subsection G above, an applicant proposing to share use of an existing tall
structure shall be required to submit:
a. A complete site plan review application.
b. Documentation of intent from the owner of the existing facility to allow
shared use.
c. An engineer's report certifying that the proposed shared use will not
diminish the structural integrity and safety of the existing tall structure or
explaining what modifications, if any, would be required in order to certify
to the above.
d. A copy of the Federal Communications Commission (FCC) license for
operation of the new equipment.
3. New telecommunications towers on lots already containing a tower.
Construction of a new telecommunications tower on a lot already containing a
telecommunications tower shall be given third priority after collocation on an
(87) -
Quembury Zoning"nonce
Adopted April 1,2002
existing tower and shared use of an existing tall structure. The Planning Board
may consider a new telecommunications tower on a lot already containing a
telecommunications tower when:
a. The applicant documents that collocation on an existing telecommunications
tower or shared use of an existing tall structure is not practical.
1. The applicant shall submit a report locating and inventorying all existing
tall structures and existing or approved telecommunications towers
within a reasonable distance of the proposed site. This distance shall be
determined by the Planning Board in consultation with the applicant.
2. The applicant shall document good faith efforts to secure shared use
from the owner of each existing tall structure and existing or approved
telecommunications tower. Such documentation shall include written
requests for shared use, expenses for shared use and an explanation of
the physical, technical and/or financial reasons why shared usage is not
practical in each case.
b. The applicant submits a copy of the Federal Communications Commission
(FCC)license for operation of the new equipment.
4. New telecommunications towers on lots not already containing a tower.
Construction of a new telecommunications tower on a lot not already containing
a telecommunications tower shall be given fourth priority after collocation on
existing towers, shared use of existing tall structures and construction of a tower
on a lot already containing a tower. The Planning Board may consider a new
telecommunications tower on a lot not already containing a telecommunications
tower when:
a. The applicant documents that collocation on an existing telecommunications
tower, shared use of an existing tall structure and locating the tower on a lot
already having a telecommunications tower are not practical.
1. The applicant shall submit a report locating and inventorying all existing
tall structures and existing or approved telecommunications towers
within a reasonable distance of the proposed site. This distance shall be
determined by the Planning Board in consultation with the applicant.
2. The applicant shall document good faith efforts to secure shared use
from the owner of each existing tall structure, existing or approved
telecommunications tower and lot already containing a
telecommunications tower. Such documentation shall include written
requests to each owner, estimated expenses and an explanation of the
physical, technical and/or financial reasons why collocation on an
existing telecommunications tower, shared use of an existing tall
structure or location on a lot already containing a tower is not practical
in each case.
b. The applicant submits a copy of the Federal Communications Commission
(FCC)license for operation of the new equipment.
H. Setbacks. Telecommunications towers and antennas shall comply with all existing
setbacks within the affected zone. Additional setbacks may be required by the
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Planning Board to contain on-site substantially all ice-fall or debris from tower
failure and/or to preserve privacy of adjoining residential and public property.
Setbacks shall apply to all tower parts including guy wire anchors and to any
accessory facilities.
I. Access and parking. A road and parking shall be provided to assure adequate
emergency and services access. Maximum use of existing roads, public or private,
shall be made.Road construction shall at all times minimize ground disturbance and
vegetation cutting to within the toe of fill, the top of cuts or no more than 10 feet
beyond the edge of any pavement.Road grades shall closely follow natural contours
to assure minimal visual disturbance and reduce soil erosion potential.
I New telecommunications tower design. Alternative designs shall be considered for
all new telecommunications towers,including lattice and single-pole structures.The
design of all proposed new telecommunications towers shall comply with the
following:
1. Any new tower shall be designed to accommodate future shared use by other
telecommunications providers.
2. The maximum height of any new tower shall not exceed that which is
necessary to provide service.
3. The Board may request a review of the application by a qualified engineer in
order to evaluate the need for and the design of any new tower.
4. Accessory structures shall maximize the use of building materials, colors and
textures designed to blend with the natural surroundings.
S. No portion of any tower or accessory structure shall be used for a sign or other
advertising purpose, including but not limited to company name, phone
numbers,banners and streamers.
6. Towers shall not be artificially lighted except to assure human safety as
required by the Federal Aviation Administration (FAA). Towers shall be a
galvanized finish or painted gray above the surrounding treeline and painted
gray, green, black or similar colors designed to blend into the natural
surroundings below the surrounding treelme unless other standards are
required by the FAA. Towers should be designed and sited so as to avoid
application of FAA lighting and painting requirements whenever possible.
K. All towers and accessory facilities shall be sited to have the least practical adverse
visual effect on the environment.
L. Authority to impose conditions. The Planning Board shall have the authority to
impose such reasonable conditions and restrictions as are directly related to and
incidental to the proposed telecommunications tower site plan.
M. Removal upon abandonment. The applicant shall submit to the Planning Board a
letter of intent committing the owner of a telecommunications tower or antenna and
his/her successors in interest to notify the Zoning Administrator within 30 days of
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the discontinuance of use of the tower or any antenna affixed to a tower or other tall
structure. This letter shall be filed with the Zoning Administrator prior to issuance
of a building permit (assuming the application is approved according to this
section). Obsolete or unused towers, antennas and accessory structures shall be
removed from any site within four months of such notification. Failure to notify
and/or to remove the obsolete or unused tower, antenna or accessory structure in
accordance with these regulations shall be a violation of this chapter and shall be
punishable according to Article 17,Enforcement.
N. Intermunicipal notification for new towers. In order to keep neighboring
municipalities informed and to facilitate the possibility of directing that an existing
telecommunications tower or existing tall structure or lot containing an existing
telecommunications tower in a neighboring municipality be considered for shared
use and to assist in the continued development of County 911 Services, the Board
shall require that:
1. An applicant who proposes a new telecommunications tower shall notify in
writing the legislative body of each municipality that borders the Town of
Queensbury and the Director of Warren County Emergency Services.
Notification shall include the exact location of the proposed tower and a general
description of the project, including but not limited to the height of the tower
and its capacity for future shared use.
2. An applicant who proposes a new telecommunications tower within the
Adirondack Park shall notify in writing the Adirondack Park Agency.
Notification shall include the exact location of the proposed tower and a general
description of the project, including but not limited to the height of the tower
and its capacity for future shared use.
3. Documentation of this notification shall be submitted to the Planning Board at
the time of application.
O. Public hearing and notification of nearby landowners. Except for applications for
collocation on an existing telecommunications tower reviewed pursuant to
Subsection F above, a public hearing shall be held for all applications for location
of a telecommunications tower or antenna. The Town shall be required to mail
notice of the public hearing directly to all landowners whose property is located
within 500 feet of the property line of the parcel on which a tower or antenna is
proposed. Notice shall also be mailed to the administrator of any state or federal
parklands from which the proposed tower or antenna would be visible if
constructed. Notification, in all cases, shall be made by certified mail.
Documentation of this notification shall be submitted to the 13oard prior to the
public hearing.
P. Maintenance and/or escrow account. Prior to approval of any application, the
Planning Board, at its sole discretion,may require the applicant and/or the owner to
establish a maintenance and/or escrow account in an amount sufficient to cover the
technical review, installation, maintenance, construction and removal of the
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proposed telecommunications tower or antenna during its lifetime. The amount
required shall be determined at the sole discretion of the Board, based upon the
unique characteristics of the tower (or antenna) and the site. The applicant and/or
owner shall cooperate with the Board in supplying all necessary construction and
maintenance data to the Board prior to approval of any application. Cost estimates
may be reviewed by the Town Consulting Engineer at the Planning Board's
discretion.
§ 179-5-140 Tourist Accommodations
A. For tourist accommodation units which are attached to a similar unit by a party
wall, units of tourist homes or similar structures and tourist cabins or similar
structures for rent or hire involving fewer than 300 square feet of floor space each,
the minimum land area necessary for each unit shall be 1/10 the minimum lot area
required for the zoning district in which the tourist accommodation is to be located,
except as is otherwise required in the Highway Commercial Zone,and provided that
no tourist accommodation shall be located on a lot smaller than the minimum lot
size required in the zone in which the lot is located.
B. The minimum land area for a tourist cabin or similar structure for rent or hire
having more than 300 square feet of floor space shall be the minimum lot area in
the zoning schedules contained in Article 4, Schedule of Regulations,hereof for the
zoning district in which the cabin or structure is to be located.
C. No portion of a tourist accommodation shall be closer to the boundary line of the
adjoining property not in the same ownership than the minimum setback
requirements of the zone in which the lot is located.
D. Where a motel,hotel or tourist accommodation involves the shoreline of any lake or
pond or any river or stream navigable by boat, including a canoe, the following
shoreline frontages shall be required per room or unit, unless the minimum
shoreline lot width in Article 5, Supplementary Regulations, for the zoning district
involved is greater, in which case.the greater lot width shall be required: 100 feet
for one to 10 accommodation units; for each additional unit up to 20 units, eight
additional feet; for each additional unit up to 40 units, five additional feet; and for
each additional unit thereafter,three additional feet.
§ 179-5-150 Trash Receptacles
A. Trash/garbage receptacles, containers and other devices intended for temporary
holding, for removal from site, of waste material shall be placed in such manner
that said receptacle is not visible from public rights-of-way, which may be
accomplished by means of one or more of the following:
1. Being totally hidden behind building it serves.
2. Being screened by foliage or solid fencing.
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3. Being contained within a structure suitable for such use.
B. Trash/garbage receptacles shall be secured at all times to prevent any waste material
deposited or intended to be deposited in such receptacles from being spread about
by natural or other causes.
§ 179-5-160 Bed-and-Breakfast
A. Each bed-and-breakfast shall have between 3 and 5 bedrooms and shall house no
more than 10 transient lodgers at one time.
B. Bed and breakfasts are permitted with site plan review in the following zoning
districts: LC-42A (except for areas classified as Resource Management on the
Adirondack Park Land Use and Development Plan),LC-10A,RR-5A,RR-3A.
§ 179-5-170 Mining and Excavation
Note that mining and excavation activity may be regulated by New York State
Department of Environmental Conservation or other agencies. Mineral extraction in the
Resource Management,Rural Use,Low Intensity Use, and Moderate Intensity Use areas
on the Adirondack Park Land Use and Development Plan are Class A regional projects
subject to the jurisdiction of the Adirondack Park Agency.
A. Excavation.
1. Slopes caused by the excavation shall,upon completion,not exceed 30%.
2. The depth of excavation shall approach no closer than five feet to the average
high point of the groundwater table measured annually, except upon a showing
satisfactory to the Planning Board during site plan review under Article 9 that
the site plans contain mitigative measures adequate to assure that the proposed
use of the land will not cause any undue, adverse impacts either to such
groundwater table or to any surface waters into which such lands drain.
3. Stockpiled material shall not exceed 35 feet in height.
B. Buffer Zones.
1. An undisturbed buffer of 50 feet shall surround the excavation within the limits
of the property.
2. The entry into the excavated area shall be curved so as to prevent a direct view
from the public right-of-way.
3. The provisions of the soil erosion standards shall govern all excavations.
Section 179-5-180 Good Neighbor Plan
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A site application may be required by the Planning Board to submit a Good Neighbor
Plan. Such a plan may contain some or all of the following elements, as determined
appropriate by the Planning Board.
A. Good Neighbor Plan. A written implementation program, referred to as a "Good
Neighbor Plan", must be submitted, containing those items from the list below
determined appropriate by the Planning Board.
1. Crime prevention and awareness training program. A crime prevention and
crime awareness training program which is developed in conjunction with and
approved in writing by the Warren County Sheriff's Department. The Warren
County Sherrif s Department, as part of this approval,will review the site plan
and the location of all lighting.
2. Alcohol awareness and employee training program. At a minimum, the
program must be directed at identifying and handling situations involving
minors or intoxicated customers, and identify which displays and marketing
techniques will be used to discourage drunk driving.
3. Litter control program. A litter control program must include at least two
trash receptacles on site for customer use, located next to walkways. At a
minimum, the program must also address daily on-site litter pickup, customer
awareness activities, and off-site litter pick-ups.
4. Loitering control program. A loitering control program is required, and must,
as a minimum, address such things as limiting the hours of operation of
electronic video games, and locating telephone booths, benches, tables, and
other activity areas where they can be viewed and controlled by the store
employees-
S. Landscape maintenance awareness. The applicant acknowledge in writing
that they understand the provisions of Article VIII, Landscaping and
Buffering Standards.
6. Communication agreement. The applicant must agree in writing to
correspond on a long-tern informal basis with the local recognized
organizations and other concerned individuals regarding any problems they
may have with current business practices or impacts on the neighborhood. All
responses should be written within 30 days of receiving the initial letter, and
be from the owner, operator, manager, or a representative of the parent
company. A file of all letters received and written is to be maintained by the
correspondent for the convenience store and be available to the public upon
request.
B. Record of good faith. The application must be accompanies by written
verification that the owner, operator, manager, or a representative of the parent
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company met with or attempted in good faith to meet with the local recognized
organization(s), adjacent property owners, and Town Planning Department staff.
The written verification must include all of the following;
1. A copy of the notice and the names and addresses of those notified of the
applicant's desire to meet;
2. A copy of the time, date and location of the meeting(s), and the names,
addresses, and phone numbers of those who participated in the meeting(s);
3. A copy of the draft Good Neighbor Plan and site plan sent to the
neighborhood association and as presented at the meeting(s),if different,and
4. Identification of those components of the Good Neighbor Plan which were
agreed upon and those which were unresolved, plus any additional items
discussed during the meeting(s).
C. Lighting Certification. The applicant must document in advance of approval that
the proposed lighting meets the standards of Section 179-&020 of Article 6,
Environmental and Performance Standards.
t
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Article 6.Environmental and Performance Standards
§ 179-6-010 Clear-Cutting and Grading
A. Purpose and Intent. It is the purpose of this section to prevent the clear-cutting and
grading of lots except in association with an approved site plan.
B. Application.Within a five-year time period, clear-cutting and grading are limited to
the following maximums,without first obtaining site plan approval.
District
CI, ESC, HC, HI, LI, MU, MR,RR, SFR, SR,UR,WR LC,PR
NC,PO,RC
I acre 2 acres 5 acres
C. Any person proposing to clear-cut or grade more than these totals must follow the
procedures for and obtain site plan approval in accordance with Article 9, Site Plan
Review, of this ordinance. This requirement applies to timber harvesting involving
tree removal from land areas greater than specified above. These activities may be
subject to additional requirements of other regulating agencies.
D. This regulation does not apply to bona fide forest management activities conducted
on the City of Glens Falls Watershed properties.
§ 179-6-020 Lighting
A. Purpose. It is the intent of these regulations to minimize glare and to provide the
minimum amount of lighting on commercial sites necessary to provide for safe use
of the property.
B. Application. These regulations shall apply to all commercial, industrial, multi-
family,office and recreation uses in the Town of Queensbury.
C. Standards. All exterior lights and illuminated signs shall be designed and located in
such a manner as to prevent objectionable light and glare to spill across property
lines. The following horizontal lumination levels shall be observed. For uses not
listed here, the Planning Board may determine the appropriate horizontal
lummation level referencing the values found in the referencq titled The IESM
Lighting Handbook published by the Illumination Engineering,Society of North
America. The Planning Board may vary these standards, malting them more or
less restrictive, where it finds it to be in the interests of this ordinance and the
Town to do so. In particular, the Town may vary the standards with reference to
the brightness and use of the surrounding environment.
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Use Horizontal Illuminance footcandles
Commercial Parking Lot 2.5
Industrial Parking Lot 1.0
Office Parking Lot 1.0
Recreation Parking Lot 2.5
Multi-Family Lot 2.5
Churches/Education Lots 1.0
Building Entrances 5.0
Building Exteriors 1.0
LoadingAMoading Areas 20.0
Gas Station Approach/Driveway Approach/Driveway 2.0
Gas Station Pump Island 10.0
Gas Station Service Areas 3.0
Seasonal Stands 25.0
Automobile Lots 20
Driveways and Road Approaches 2.0
Sidewalks and bikeways 1.0
D. Fixtures. All lighting fixtures shall be architecturally compatible with the primary
building. Fixtures shall be shielded and have cut-offs to direct light directly to the
ground. This must be accomplished so that light dispersion or glare does not shine
above a 90 degree horizontal plane from the based of the fixture. Cut-off fixtures
must be installed in a horizontal position as designed. Flat lens cut-offs are
required. Fixtures shall generally be of dark colors. Pole mounted fixtures shall not
exceed 20 feet in height. High pressure sodium lights are preferred. Lexan lenses or
similar low glare material are preferred.
E. All lighting shall maintain a uniformity ratio of 4:1.
F. Vision. Lighting shall not interfere or impair with pedestrian or motorist vision.
G. Procedure. Any use subject to site plan review shall submit a lighting plan
describing the lighting component specifications such as lamps, poles, reflectors
and bulbs.The lighting plan shall show the illumination levels for the entire site and
shall be at a scale consistent with the site plan. The Planning Board may require
specific lighting plans to address portions of the site, such as parking lots, or
pedestrian walkways,for evaluation purposes.
§ 179-6-030 Odor
No use shall regularly emit offensive odors perceptible at the property line of an
adjoining use. This section shall not apply to the exhaust from restaurants, bakeries,
taverns and other uses where food is cooked or prepared.
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§ 179-6-040 Particulates and Smoke
No use shall emit particulates and/or smoke that is detrimental to the public health,
welfare and safety. No use shall emit particulates or smoke that exceeds an opacity of 2
on the Ringleman Chart.
§ 179-6-050 Radiation
No use shall emit radiation that is in excess of any adopted State or Federal standard.
§ 179-6-060 Shoreline and Wetland Regulations
A. Purpose. The purpose of these shoreline regulations is to promote and protect the
pubic health, welfare and safety and to protect economic property values, aesthetic
and recreational values and other natural resource values associated with all lakes,
ponds, streams, swamps or wetlands. It is the further purpose of these regulations
to:
1. Provide for the protection, preservation, proper maintenance and use of
township watercourses and wetlands in order to minimise disturbance to them
and to prevent damage from erosion,turbidity or siltation, a loss of wildlife and
vegetation and/or from the destruction of the natural habitat thereof.
2. Provide for the protection of the township's potable fresh water supplies from
the dangers of drought,overdraft,pollution or mismanagement.
B. Regulations.
1. In the case of the shorelines of all lakes, ponds, streams, swamps or wetlands
regulated by the DEC and the shoreline of the Hudson River, the following
restrictions shall apply:
a. Cutting restrictions. In the case of the shoreline of all lakes, ponds, rivers,
streams, swamps or wetlands regulated by the DEC and the shoreline of the
Hudson River,the removal of vegetation,including trees, shall be permitted
on shorefront lots,provided that the following standards are met:
(1).Within 35 feet extending inland from all points along the mean high-
water mark, no vegetation may be removed. This area shall be
maintained as an undisturbed natural buffer strip.
(2).The general exception to this standard shall be an allowance for lake
access and beaches. The creation of a contiguous c�e cut opening in
the buffer strip shall not exceed 20% of the shoreline frontage on any
individual lot.The clearcut should be sited on the lot so as to allow for a
view and access, but so as to reduce runoff. The pathway created should
be constructed or surfaced to be effective in controlling erosion.
(3).The above cutting standard shall not be deemed to prevent the removal
of diseased vegetation or of rotten or damaged trees or other vegetation
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that present safety or health hazards or pruning of shrubs, cutting of
grass or similar yard maintenance procedures. The purpose of the tree
cutting and land clearing regulation is to protect scenic beauty, control
erosion and reduce effluent and nutrient flow from the shoreland. These
provisions shall not apply to the removal of dead,diseased or dying trees
or to other vegetation that, in the opinion of the Zoning Administrator,
present safety or health hazards.
(4).Cutting plan. As an alternative to the above subsections, a special cutting
plan allowing greater cutting may be permitted by the Planning Board.
An application shall include a sketch of the lot and provide information
on the topography of the land, existing vegetation,proposed cutting plan
and proposed revegetation plan. The Planning Board shall request the
Soil Conservation Service to review the plan and make
recommendations according to the Memorandum of Understanding
signed by both parties.The Planning Board may approve such plan only
if it finds that such special cutting plans:
(a).Will not cause undue erosion or destruction of scenic beauty.
(b).Provide that natural shrubbery is preserved as far as practicable and,
where removed, it is replaced with other vegetation that is equally
effective in retarding runoff, preventing erosion and preserving
natural beauty.
(c).Will provide substantial visual screening from the water to
dwellings, accessory structures and parking areas. Where the plan
calls for replacement plantings, the Zoning Administrator shall
require the submission of a bond which will guarantee the
performance of the tree or shrubbery replacement by the lot owner.
(d).Will not violate the land clearing standards of this chapter or the
shoreline restrictions of the Adirondack Park Agency in accordance
with the following: Within 35 feet of the mean high-water mark, no
vegetation may be removed,except that up to a maximum of 30%of
the trees in excess of six inches in diameter at breast height existing
at any time may be cut over any ten-year period; and within six feet
of the mean high-water mark,no vegetation may be removed, except
that up to a maximum of 30% of the shorefront may be cleared of
vegetation on any individual lot.
(5).Revegetation. Where a shoreline lot owner violates the shoreline cutting
restrictions, the Zoning Administrator shall require total revegetation so
as to create a buffer strip area which is in compliance with this section.
A vegetative recommendation can be made by the Warren County Soil
and Water Conservation District, if requested, by the Zoning
Administrator. This provision shall be in addition to any and all
penalties contained in this chapter.
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C. Minimum Shoreline Frontages for Contractual Access
The following minimum shoreline frontages shall be required for deeded or contractual
access to all such lakes, ponds, rivers or streams for two or more lots, parcels or sites or
multiple-family dwelling units not having separate and distinct ownership of shore
frontage:
1. Where two to four lots, parcels or sites or multiple-family dwelling units are
involved,a total of not less than 100 linear feet of shoreline; and
2. Twenty-five additional feet of shoreline for each lot, parcel or site or multiple-
family dwelling unit thereafter.
D. Miscellaneous Provisions
1. Sewage facilities shall comply with Chapter 136, Sewers and Sewage
Disposal.
2. Alteration to the shoreline. No filling, grading, lagooning, dredging,
ditching and excavating of the shoreline or the addition or replacement of retaining
walls along the shoreline shall be undertaken without site plan review. The
following general standards shall apply for construction along the shoreline:
a. The activity shall not alter the natural contours of the shoreline.
b. The activity shall not disturb shoreline vegetation except in a minimal way.
Where vegetation is destroyed or removed it shall be restored or replaced with
indigenous vegetation. Stabilization shall be in accordance with the United
States Soil Conservation Service engineering standards and specifications.
c. The activity shall be carried out in a manner designed to minimise erosion,
sedimentation and impairment of fish and wildlife habitats.
d. All applicable federal,state and other agency permits shall be obtained.
e. In addition,the following specific conditions shall apply:
(1).Filling. There shall be no fill placed in waters of any lake, stream, pond,
river or wetland, except as associated with shoreline protective structures or
beach replenishment or as otherwise found to be beneficial to existing
shoreline conditions or water quality or clarity. Any fill placed adjacent to
any lake, stream,pond,river or wetland shall be protected against erosion.
(2).Dredging. There shall be no removal or rearrangement of materials in the
water, except at those locations where such removal or rearrangement is
found to be beneficial to existing shoreline conditions, uses, water quality
and clarity. Where dredging is permitted, soil materials shall not be
deposited within 100 feet of the waterfront unless properly`stabilized.
(3).Retaining walls. In addition, expansion or replacement of any type of
retaining wall shall be discouraged, except in the case where the alternative
of shoreline restoration to a natural state is impossible due to excessive
slope or severe erosion problems, a condition to be determined by the
Zoning Administrator. Retaining walls shall not be permitted to be
constructed for only aesthetic reasons.When permitted,retaining walls shall
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not exceed 16 inches in height, as measured from the stationary mean high-
water mark, and shall be constructed of native stone or wood. When treated
lumber if used for the construction of a retaining wall, it shall be the sealed,
nonleaching type.
(4).Shoreline fill/hard surfacing. No fill or hard surfacing shall be permitted
within 50 feet of any lake,pond,river, stream or wetland except by site plan
approval of the Planning Board, except that no review/approval shall be
required for preventative maintenance or repair caused by erosion or other
acts of nature. Private driveways crossing a stream are further exempted
from this section; provided,however, that such driveways do not exceed 15
feet in width. The above exceptions shall not be construed to be relief from
any other governmental agency having jurisdiction. Wetlands will be
determined by New York State Department of Environmental Conservation
Wetlands Maps, the Queensbury Planning Board and/or any governmental
agency having jurisdiction.
§ 179-6-070 Soil and Erosion Control
A. Construction on slopes.
1. Except for approved existing subdivisions, or projects normally reviewable by
the Planning Board, site plan review shall be required for the following:
a. Any detached structure proposed to be constructed on any lot,parcel or site
having a slope of 15% or more within a fifty-foot radius of the proposed
location of said structure; or removal or excavation of 100 cubic yards or
more of rock, soil or vegetation from such site.
b. Proposed construction of a privately owned driveway, road or right-of-way
on a slope of 10%or more.
2. The Zoning Administrator may require site plan review for residential
construction projects where cut or fill activities are six feet or more from
existing grade to finish grade..
B. Guidelines. Unless the standards in Subsection C below are more restrictive, the
applicant shall conform to the published Guidelines for Erosion and Sediment
Control in Urban Areas of New York State by the United States Department of
Agriculture Soil Conservation Service, copies of which are maintained at each Soil
and Water Conservation District Office.
C. Standards.
1. When land is exposed during development, the exposure should be kept to the
shortest practicable period of time and the smallest amount of land possible.
2. Grading and development shall preserve salient natural features, such as trees,
groves, natural terrain, waterways and other similar resources, and shall
conform substantially with the natural boundaries and alignment of
watercourses.
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3. Provision shall be made prior to, during and after construction to dispose of
increased runoff caused by changed surface conditions, in a manner which
minimizes danger of flooding, erosion and pollutants from urban runoff entering
lakes, streams or rivers.
4. Temporary vegetation and mulching shall be used to protect critical areas during
development.
5. Permanent vegetation shall be successfully established and erosion control
structures shall be installed as soon as practical on development. Wherever
feasible,natural vegetation shall be retained and protected.
6. Topsoil removed from areas for structures shall be redistributed within the
boundaries of the lands in question so as to provide a suitable base for seeding
and planting.
7. The development shall be fitted to the topography and soils to create the least
erosion potential. Cut-and-fill operations shall be kept to a minimum and shall
transition smoothly into existing topography so as to create the least erosion
potential and adequately accommodate the volume and rate of velocity of
surface runoff.
8. Cuts and fills shall not endanger adjoining property nor divert water onto the
property of others.
9. Provisions shall be made to effectively accommodate the increased runoff
caused by changed soil and surface conditions during and after development.
10. Disturbed soils shall be stabilized as soon as possible. Temporary vegetation
and/or mulching shall be used to protect exposed land areas during construction.
11. Sediment basins (debris basins, desilting basins or silt traps) shall be installed
and maintained to remove sediment runoff waters from land undergoing
development. Provisions shall be made to prevent surface water from damaging
the cut face of excavations,fills or sloping surfaces.
12.The control of erosion and sediment shall be a continuous process, undertaken
as necessary prior to, during and after site preparations and construction.
Sedimentation control measures shall be installed as part of site preparation
prior to beginning any construction.
13.Permanent vegetation shall be successfully established and erosion control
structures shall be installed within a time specified on the building permit.
Wherever feasible,natural vegetation shall be retained and protected.
14.All fill material shall be of a composition suitable for the ultimate use of the fill,
free of rubbish and carefully restricted in its content of brush, stumps, tree
debris, rocks, frozen material and soft or easily compressible material. Fill
material shall be compacted sufficiently to prevent problems of erosion.
15. Grades of at least 1/2% and drainage facilities shall be provided to prevent the
ponding of water, unless such ponding is proposed within site plans, in which
event there shall be sufficient water flow to maintain proposed water levels and
avoid stagnation.
16. Provisions shall be made that there will be no detrimental effect on water
quality of the watercourses. There will be no discharge of sediment or other
material into the watercourses.
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17.Fills shall not encroach on natural watercourses, constructed channels or
floodway areas. Fills placed adjacent to or having impact on natural
watercourses, constructed channels or floodplams shall have suitable protection
against erosion during periods of flooding.
18.No development shall be permitted in a floodway if such development shall
raise the water surface elevation of the base flood at any point in the
community.
19.The rate of surface runoff shall not be increased by new construction.Whenever
possible, drainage shall be sheet-drained into earthen swales and collected in a
detention or retention basin. Where soils permit, the water shall be allowed to
percolate into soils. Where clayey soils occur, water shall be collected during
storm periods and released slowly into existing streams and drainage channels.
20.During grading operations, appropriate measures shall be taken for dust control.
21. Grading equipment shall not be allowed to enter into or cross any watercourse,
except in accordance with the best management practices as defined in the
building permit.
22. Whenever lawns are established, areas of natural vegetation shall be maintained
to filter fertilizers,pesticides or other chemicals before the runoff enters natural
streams or drainage channels, lakes, or other bodies of water. Property owners
shall be encouraged to leave natural vegetation rather than develop lawns.
23.Boat ramps shall be limited to public boat launch sites and commercially
operated boat launches.
24.Boat ramps shall be designed to accommodate most runoff before it enters the
lake or river.
§ 179-6-080 Stormwater Runoff
A. Stormwater drainage plans shall be required as part of the site plan approval
process,unless waived by the Planning Board.
B. The stormwater drainage plan shall analyze the impacts of the project using a 25-
year return interval storm for residential projects and a 50-year return interval storm
for commercial or industrial projects, and using the analysis procedures in the Town
of Queensbury Subdivision Regulations.
C. All stormwater management plans shall be.designed so that post-development run-
off is equal to or less than pre-development run-off, unless this requirement is
waived by the Planning Board.
D. Stormwater design criteria shall follow the criteria in the Town of Queensbury
Subdivision Regulations or, if located within the Lake George Park, shall follow
Chapter 147 Stormwater Management Local Law for the Town of Queensbury,
whichever is more restrictive..
(102)
Quee-b-y Zoning Ordinance
Adopted April 1.2002
E. The Planning Board may refer stormwater drainage plans to the Town Engineer, the
Town Highway Superintendent, or such other persons or agencies it deems
appropriate.
§ 179-6-090 Vibration
No use shall regularly emit vibration that is perceptible at the property line of an
adjoining use.This section shall not apply to temporary construction activities.
§ 179-6-100 Wetlands Regulations
A.Declaration of policy.
It is declared to be the public policy of the Town of Queensbury to preserve,protect and
conserve freshwater wetlands and the benefits derived there from, to prevent any
despoliation and destruction of freshwater wetlands and to regulate the development of
such wetlands in order to secure the natural benefits of freshwater wetlands, consistent
with the general welfare and beneficial economic, social and agricultural development of
the town. It is further declared to be the policy of the Town of Queensbury to exercise its
authority pursuant to Article 24 of the State Environmental Conservation Law, as such
Article may from time to time be amended.
B. Statement of Findings.
1. The freshwater wetlands located in the Town of Queensbury are invaluable
resources for flood protection,wildlife habitat,open space and water resources.
2. Considerable acreage of freshwater wetlands in the town has been lost, despoiled or
impaired by unregulated draining, dredging, filling, excavating, building, pollution or
other acts inconsistent with the natural uses of such areas. Other freshwater wetlands are
in jeopardy of being lost,despoiled or impaired by such unregulated acts.
3. Recurrent flooding aggravated or caused by the loss of freshwater wetlands has
serious effects upon natural ecosystems.
4. Freshwater wetlands conservation is a matter of town concern.
5. Any loss of freshwater wetlands deprives the people of the Town of Queensbury of
some or all of the many and multiple benefits to be derived from wetlands,to wit:
a. Flood and storm control by the hydrologic absorption and storage capacity
of freshwater wetlands;
b. Wildlife habitat by providing breeding, nesting and feeding grounds and
cover for many forms of wildlife,wildfowl and shorebirds,including migratory wildfowl
and rare species;
(103)
Queewhwy Zoning Ordbume
Adopted April 1,2002
C. Protection of subsurface water resources and provision for valuable
watersheds and recharging groundwater supplies;
d. Recreation by providing areas for hunting, fishing, boating, hiking, bird
watching,photography,camping and other uses;
e. Pollution treatment by serving as biological and chemical oxidation
basins;
f Erosion control by serving as sedimentation areas and filtering basins,
absorbing silt and organic matter and protecting channels and harbors;
g. Education and scientific research by providing readily accessible outdoor
biophysical laboratories,living classrooms and training and education resources;
h. Open space and aesthetic appreciation; and
i. Sources of nutrients in freshwater food cycles and nursery grounds and
sanctuaries for freshwater fish.
2. Regulation of freshwater wetlands, in accordance with the agricultural exemption
established in subsection D of this chapter, is consistent with the legitimate interests of
farmers and other landowners to graze and water livestock,make reasonable use of water
resources, harvest natural products of the wetlands, selectively cut timber and otherwise
engage in the use of land for agricultural production.
C.Activities requiring a permit
1. Any form of draining, dredging, excavation, removal of soil, mud, sand, shells,
gravel or other aggregate from any freshwater wetland, either directly or indirectly. Any
form of dumping, filling or depositing of any soil, stones, sand, gravel, mud, rubbish or
fill of any kind, either directly or indirectly; erecting any structures or roads, the driving
of pilings or placing of any other obstructions,whether or not changing the ebb and flow
of the water; any form of pollution, including but not limited to installing a septic tank,
naming a sewer outfall, discharging sewage treatment effluent or other liquid wastes
directly into or so as to drain into a freshwater wetland.
2. Except as provided in Subsection B of this section, no person shall conduct a
regulated activity on any freshwater wetland or adjacent area unless such person has first
obtained a permit pursuant to this chapter.
3. Exempt Activities
No permit under this chapter shall be required for:
a. The deposition or removal of the natural products of freshwater wetlands
and adjacent areas by recreational or commercial fishing, shell#shing, aquiculture,
hunting or trapping,where otherwise legally permitted and regulated.
b. The activities of farmers and other landowners in grazing and watering
livestock, making reasonable use of water resources, harvesting natural products of
wetlands or adjacent areas, selective cutting of timber, draining land or wetlands for
growing agricultural products and otherwise engaging in the use of wetlands or other land
for growing agricultural products, except that those structures not required for
(104)
Qee—b-y Zoning Ordinance
Adopted April 1,2002
enhancement or maintenance of the agricultural productivity of the land or any filling
activities shall not be excluded hereunder.Each farmer or other landowner who intends to
conduct an otherwise regulated activity shall notify the Planning Board in writing, prior
to conducting the activity or his or her intention to engage in such activity, stating the
approximate acreage of freshwater wetland or adjacent area affected,the location thereof,
the method to be employed and the uses to be made of such land. A soil and water
conservation plan prepared by a Soil and Water Conservation District and filed with the
Planning Board shall be deemed sufficient notification for the purposes of this
subsection.
C. Public health activities, orders and regulations of the State Department of
Health undertaken in compliance with Subdivision 5 of § 24-0701 of the State
Environmental Conservation Law.
d. Activities subject to the review jurisdiction of the State Public Service
Commission or the New York State Board on Electric Generation Siting and the
Environment under Article 7 or Article 8 of the State Public Service Law, respectively.
The standards and restrictions of this chapter will be applied by said bodies in
determining whether to issue a certificate of environmental compatibility and public need
under such Articles.
e. Any actual and ongoing emergency activity which is immediately
necessary for the protection and preservation of life or property or the protection or
preservation of natural resource values. Such emergency activities include, for example,
search-and-rescue operations, preventive or remedial activities related to large-scale
contamination of streams or other bodies of water; floods, hurricanes and other storms;
and public health concerns. Within five (5) days of the end of such an emergency
involving the undertaking of any activity which otherwise would be treated as a regulated
activity under this chapter, the person chiefly responsible for undertaking such
emergency activity shall send a written statement to the Planning Board setting forth the
pertinent facts regarding such emergency,including an explanation of the life,property or
resource values such activity was designed to protect or preserve.
f. Any activity located in a freshwater wetland where such wetland is located
in more than one(1) city,town or village.
g. Ordinary maintenance and repairs of existing structures or improved areas
which does not involve expansion or substantial restoration,reconstruction,rehabilitation
or modification, including but not limited to bridges, roads, highways, railroad beds,
bulkheads,docks,piers,pilings or paved streets.
h. Any land use, improvement or development for which final approval shall
have been obtained prior to September 1, 1975, from the town. As used in this
subsection,the term"final approval" shall mean:
i. In the case of the subdivision of land, conditional approval of a
final plat as the term is defined in§276 of the Town Law.
ii. In the case of a site plan not involving the subdivision of land,
approval by the appropriate body or office of the town of the site plan. .
iii. In those cases not covered by Subsection B(8xa) or(b) above, the
issuance of a building permit or other authorization for the commencement of the use,
improvement or development for which such permit or authorization was issued.
(105)
Queensbury Zing Ordinance
Adopted April 1,2002
D. Permit application and processing;notices.
1. Any persons proposing to conduct or cause to be conducted a regulated activity
requiring a permit under this chapter upon any freshwater wetland or adjacent area shall
file a site plan application for a permit with the Planning Board.
2. An application for a permit shall be filed by the applicant on a form prescribed by
the Planning Board.
a. Such application shall set forth the purpose, character and extent of the
proposed regulated activity. The application shall include a detailed description of the
regulated activity, a map showing the area of freshwater wetland or adjacent area directly
affected, with the location of the proposed regulated activity thereon, a deed or other
legal description describing the subject property and such additional information as the
Planning Board deems sufficient to enable it to make the findings and determinations
required under this chapter.
b. An application shall not be deemed to be completed or
received until the Planning Board determines that all such information, including any
additional information requested,has been supplied in a complete and satisfactory form.
3. The Planning Board shall conduct a review of the application in a manner consistent
with the Site Plan review process as outlined Article 9. All provisions of Article 9 shall
apply unless modified by this section.
E. Standards for decisions.
1. In granting, denying or conditioning any permit, the Planning Board shall consider
the effect of the proposed activity with reference to the public health and welfare, fishing,
flood, hurricane and storm dangers and protection or enhancement of the several
functions of the freshwater wetlands and the benefits derived there from which are set
forth in this chapter.
2. Findings.
a. No permit shall be issued by the Planning Board pursuant to this chapter
unless the Planning Board shall find that:
i. The proposed regulated activity is consistent with the policy of this
chapter to preserve, protect and conserve freshwater wetlands and the benefits derived
therefrom, to prevent the despoliation and destruction of freshwater wetlands and to
regulate the development of such wetlands in order to secure the natural benefits of
freshwater wetlands, consistent with the general welfare and beneficial economic, social
and agricultural development of the town.
I The proposed regulated activity is consistent,with the land use
regulations applicable in the town pursuant to § 24-0903 of Article 24 of the State
Environmental Conservation Law.
iii. The proposed regulated activity is compatible with the public
health and welfare.
iv. The proposed regulated activity is reasonable and necessary.
(106)
Quee-bury Zing Ordinance
Adopted April 1.2002
V. There is no reasonable alternative for the proposed regulated
activity on a site which is not a freshwater wetland or adjacent area
vi. The applicant shall have the burden of demonstrating that the
proposed regulated activity will be in accord with the standards set forth in this
subsection.
I Duly filed written notice by the state or any Planning Board or subdivision thereof
to the Planning Board that the state or any such Planning Board or subdivision is in the
process of acquiring the affected freshwater wetland on which a proposed regulated
activity would be located by negotiation or condemnation shall be sufficient basis for
denial of a permit for such regulated activity. Such notice may be provided at any time
prior to the Planning Board's decision to issue or deny a permit for the regulated activity.
F. Conditions to a permit.
1. Any permit issued pursuant to this chapter may be issued with conditions. Such
conditions may be attached as are necessary to assure the preservation and protection of
affected freshwater wetlands and to assure compliance with the policy and provisions of
this chapter and the provisions of the Planning Board's rules and regulations adopted
pursuant to this chapter.
2. Every permit issued pursuant to this chapter shall contain the following conditions:
a The Planning Board shall have the right to inspect the project from time to
time.
b. The permit shall expire on a date certain.
C. The permit holder shall notify the Planning Board of the date on which
project construction is to begin,at least five(5)days in advance of such date.
d. The Planning Board's permit shall be prominently displayed at the project
site during the undertaking of the activities authorized by the permit.
e. The Planning Board shall set forth in writing the file it keeps regarding a
permit application,its findings and reasons for all conditions attached to any permit.
G. Other laws and regulations.
1. To the greatest extent practicable, any public hearing held pursuant to this chapter
shall be incorporated with any public hearing required by or pursuant to the New York
State Town Law, Village Law, General City Law, General Municipal Law or
Environmental Conservation Law relating to approvals or permits otherwise required for
the undertaking of regulated activities on the freshwater wetland or adjacent area in
question.
2. No permit granted pursuant to this chapter shall remove any person's obligation to
comply in all respects with the applicable provisions of any other federal, state or local
law or regulation,including but not limited to the acquisition of any other required permit
or approval.
(107)
Que—bury Zoning Ordinance
Adopted April 1,2002
H. Suspension or Revocation of permits.
1. The Planning Board may suspend or revoke a permit issued pursuant to this chapter
where it finds that the permittee has not complied with any or all terms of such permit,
has exceeded the authority granted in the permit or has failed to undertake the project in
the manner set forth in the application.
2. The Planning Board shall set forth in writing in the file it keeps regarding a permit
application its findings and reasons for revoking or suspending a permit pursuant to this
section.
I.Nonapplicability within Adirondack Park
By virtue of § 24-0801 of the Environmental Conservation Law, this chapter and the
procedures established hereby are not applicable to activities which involve freshwater
wetlands located within the Adirondack Park. Land use and development affecting
wetlands, the draining, dredging, filling, or other altering of wetlands directly or
indirectly, and the subdivision of wetlands is subject to the jurisdiction of the Adirondack
Park Agency pursuant to the Environmental Conservation Law and the Adirondack park
Agency Act.
J. When Effective;Map
This section shall take effect upon the filing, with the Clerk of the Town of Queensbury,
of the final Freshwater Wetlands Map applicable to any or all lands within the town by
the State Department of Environmental Conservation pursuant to § 24-0301 of the New
York State Environmental Conservation Law.
(108) =
Queertsbt r Zoning Ordinance
Adopted April i,2002
Article 7 Design Guidelines
§ 179-7-010 Establishment and Intent
This section establishes design guidelines specific to certain districts and road corridors
in the town. The design guidelines provide applicants and the Planning Board with
illustrative and written guidance as to the form and appearance of development that is
desired. The intent of the guidelines is to encourage buildings that are sited and
constructed with a form and appearance that is compatible with their surroundings; that
provide appropriate transitions between different parts of the Town as well as between
the public area of the street and the private area of the building, that have attractive
entrances; that are attractively landscaped; that adequately buffer nearby uses; that are
protective of important open space resources and that minimize or avoid adverse impacts.
§ 179-7-020 Modification of Guidelines
The Planning Board may modify the guidelines herein upon written finding that such
modification is warranted. Circumstances that shall warrant modification of the
guidelines may include,but not be limited to:physical constraints such as the location of
existing buildings or changes in grade between adjacent properties; excessive cost; or
failure to obtain an agreement or permit that is required for the implementation of the
guidelines. In reviewing any proposed modification, the Planning Board shall consider
whether granting the modification will be consistent with the purposes of this ordinance,
locally adopted plans, and the following principles.
A. The general design and character of the proposal is in harmony with
the neighboring properties in the district.
B. The scale of the proposal in relation to the site and neighboring
properties.
C. The similarity of building materials and their color and texture in
relation to those found in the surrounding district.
D. The visual compatibility of the proposal with surrounding properties,
including height,setbacks,roof shape,window and door arrangements,
and the orientation of the building in relation to the street.
§ 179-7-030 Main Street Corridor
This district applies to commercially zoned lands abutting Main Street from I-87 to the
Glens Falls city line. The Main Street corridor is the most visible and heavily traveled
route into the City of Glens Falls. Currently the area is underdeveloped and underutilized
with significant dilapidated housing. The objective of this corridor is to promote the
creation of a traditional main street from Exit 18 to the City of Glens Falls city line.
Planning is currently underway to widen this road to three lanes. This widening will
(109) n8
Queensbury Zoning Ordinance
Adopted April 1,2002
provide the opportunity to implement this theme through street design elements such as
sidewalks, street trees and street firr iture.
A. Characteristics
The traditional main street is generally composed of one to three story buildings with
retail uses on the street level and office or residential uses on the upper levels. The
diverse retail establishments on the ground floor attract the most pedestrian circulation,
promoting the community atmosphere,while the architecture style and rooflines create an
urban architectural theme.As the shopping malls have demonstrated, creating a collective
identity among individual shops draws customers.
The traditional main street corridor will convey traffic, especially with the state's future
plans for expansion, however it will also have wide sidewalks and planting strips to
promote a high level of pedestrian activity as well. Primary shop entrances will be
located on Main Street through recessed doors. Street-side parking will be convenient,
but minimal so as not to interfere with the active pedestrian quality. Most parking and
loading will be accommodated in the rear along with secondary entrances for the shops.
Providing for easy access while ensuring attractive, open storefronts will help the
resurgence of Main Street as a desirable place to do business.
B. Design Objectives
Design objectives for this district are illustrated by Figures 5 and 6. The primary
objective of this corridor is to create a traditional main street. New buildings must relate
to a traditional main street design as well as enhance the positive qualities that currently
exist.
Existing gaps in the street walls should be mended using fencing or plantings,unless such
gaps are used for alleys. Access should be made as convenient as possible without
sacrificing the atmosphere of a public gathering place,therefore pedestrian connections to
rear parking areas shall be provided via through store passages. Parking provided
primarily in the rear reduces street congestion, provides convenient vehicle storage, and
promotes a pedestrian friendly corridor in the Main Street corridor. The rear parking lot
frontage provides an opportunity to add greater diversity to the center by making it an
active location of secondary businesses and office uses.
C. Streetscape Elements
I. MANDATORY FRONTAGE: To promote pedestrian intetdst and continuity,
the street level shops shall be retail, office,professional office, gallery,personal
service establishment,restaurant or tavern along Main Street. "
2. BUILDING HEIGHT: A two or three story height limit should be maintained
for the entire corridor as well as 150'from each side of West Main Street.
3. BUILDING LINE: When buildings line up along a street a defined edge is
created that contributes to the street's traditional character. The building
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Qae—bwy Zoning Ordinance
Adopted April 1.2002
alignment combines with sidewalks and the rows of trees to make a canopied
corridor. Buildings shall be located 21 feet from the edge of Main Street after it
is widened,with recesses for storefront entryways and pedestrian features. Up to
fifty percent of the build-to line may be interrupted by recesses at least 18
inches deep/3 feet wide and no more than 10 feet deep, provided that the build-
to line is regained on both sides of the recess. In cases where the existing
conditions fail to meet these requirements, streetscape elements (hedge, picket
fence, canopy, trellis, etc.) or building additions should be added to achieve the
desired affect.
4. CORNER EFFECTS:The building corners on intersections are important facets
of the streetscape. The comer of a building provides an opportunity to improve
the character and continuity and must be designed so that visibility is not cut
off.
5. STORE ENTRANCES: Individual store entrances should be spaced between 5
and 30 feet.This promotes continuity and vitality while maintaining safety.
6. ALLEYS: In order to facilitate fewer curb cuts, alleys should be used for access
to parking lots behind buildings.
7. STREET TREES: Trees lining the streets are characteristic of main streets,
especially when combined with build-to lines. Minimum 3-inch caliper trees
should be planted every twenty feet in a 5-foot wide strip located between the
sidewalk and the asphalt. A combination of trees should be used and each
variety should be tolerant of urban conditions, especially salt and sand deposited
with snow removal. Protective grates shall be placed around the based of each
tree for protection.
8. SIDEWALKS: Should be 5 feet wide and A.D.A compliant. They are to be
placed between the building and the planting strip.
9. STREET LIGHTS: Pedestrian-scale low lighting lanterns indicative of the
period should be provided to add character and illumination. These should be in
addition to existing street lights which are intended to serve vehicular traffic.
10.AWNINGS: Matching,retractable, fire retardant awnings will provide thematic
character along the Main Street corridor as well as shelter. The awnings should
be mounted at a consistent height of 7 to 7.5 feet above the sidewalk. Awnings
are temporary structures and exempt from setback requirements.
11. DRIVE-THRU WINDOWS:Drive-thru windows are prohibited.
D. Architectural Elements
Providing architectural guidelines will further ensure the desired effect of continuity and
unity throughout the corridor. Building height, cornice lines, window patterns, shop
fronts, etc. are elements that can be related in order to create a sense of place. New
buildings should reference the positive,desirable features of existing buildings.
1. PRINCIPAL FEATURES:
a. Street-level continuity of shopfronts
b. Street-level expression line pulling together the ground-level shopfronts,
while providing distinction from the upper stories.
c. Three-story height limit,with a 2-story minimum encouraged.
(113)
Qe—vht y Zoning Ordinance
Adopted April 1.2001
d. Flat roofs with symmetrically shaped parapet roofs
e. Symmetrical window spacing and windows in proportion to one-another
f Similar signage
g. Matching awnings at similar heights
2. SIGNAGE: The signs of individual establishments should be centered above
each respective shop front, two feet above the awning. There should also be
provided a sign in front of each entrance that hangs perpendicular to the
building under the canopy (providing signage for pedestrians). Translucent,
back-lit signs are not acceptable. Carved wood and similar traditional signs are
recommended. Individual signs are subject to Planning Board approval in
accordance with the Town's sign ordinance.
3. SHOP FRONTS: A minimum of 60 percent of the shop front area must be clear
glass, beginning within 24 inches from above the sidewalk, to enable visibility
into the stores and/or display windows. Where the full shop front area is
expressed architecturally utilizing framing and infill panels of wood or other
approved shop front materials, a minimum clear glass area of at least 40 percent
is required, starting within 36 inches from above the sidewalk. Dark or
reflective tinted glass is not acceptable along the Main Street frontage. Paper
displays and posters attached to the windows are not permissible without Town
Board approval.
4. THROUGH-STORE PASSAGE: Stores that connect to both Main Street and
the rear parking lot shall provide access to both. This allows for pedestrian
through passage,encouraging both pedestrian traffic and rear parking.
§ 179-7-040 Bay Road Corridor
This district applies to the Professional Office (PO) district abutting Bay Road. This is a
scenic corridor providing an enticing view of the Adirondack Mountains interspersed
with open spaces and housing. The Town Hall and Adirondack Community College are
major institutional uses in this corridor. Development has extended north from Quaker
Road in a generally desirable pattern of professional offices incorporating a residential
feel and look. It is the intent of the guidelines for this corridor to continue this
professional office theme to the north.
A. Characteristics
The Professional Office theme is generally composed of one to two story buildings that
are residential in appearance, with large, attractively landscaped yards. Parking is
accommodated off-street and curb cuts are minimized with the encouragement of shared
drives to lessen congestion and promote Bay Road as a desirable place to do business.
(114)
Queensbury Zoning Obdln—
Adopted Apri!1,2002
B. Design Objectives
Design objectives for this district are illustrated by the Figures 7 and 8. The primary
objective of the Bay Road Corridor is to create a professional office identity mixed with
some high-density,multi-family residential uses.
Access should be made as convenient as possible without adding undo congestion and
detracting from a quiet office environment. Parking provided in the rear reduces street
congestion,provides convenient vehicle storage, and promotes a more pedestrian friendly
corridor for Bay Road.
C. Streetscape Elements
1. PRIMARY ENTRANCE: Primary entrances shall be located in the rear of
buildings.
2. BUILDING HEIGHT: A two-story height limit(or 36 feet,whichever is lesser)
should be maintained for the entire corridor as well as 150' from each side of
Bay Road.
3. BUILDING LINE: A seventy-five foot front yard setback is required. The
building alignment combines with sidewalks and the rows of trees to make an
open corridor.
4. SHARED DRIVES: In order to facilitate fewer curb cuts, shared drives will be
required to access parking lots behind buildings.
5. PARKING: Parking shall be provided in the rear and accessed via shared drives
or alleys. Lighting should be provided in the parking lot area for security,
however the lighting must be unintrusive into neighboring residential properties.
6. STREET TREES: Landscaped strips will be provided along both sides of the
street. A combination of trees should be used and each variety should be
tolerant of urban conditions, especially salt and sand deposited with snow
removal. Mulched tree wells shall be placed around the based of each tree for
protection and moisture retention. Maintenance will be the responsibility of the
property owner according to the landscape section.
7. SIDEWALKS: To be 5 feet wide and A.D.A compliant. They are to be placed
in a sidewalk easement adjacent to the planting strip and away from the street.
D. Architectural Elements
Providing architectural guidelines will further ensure the desired effect of continuity and
unity throughout the corridor. Building height and signage are elements that can be
related in order to create a sense of place. New buildings should reference the positive,
desirable features of existing buildings.
1. PRINCIPAL FEATURES:
a. Two-story height limit
b. Residential appearance
c. Peaked roofs
(115)
Que—bury Zoning Ordinance
Adopted April 1,2002
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(116)
Queensbury Zoning Ordinance
Adopted April/,2002
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d. Earth tone or Adirondack colors
E. Signage
Office buildings may have a monument sign,placed in the landscape strip,listing tenants.
Monument signs may be lit with landscape lighting.A sign for the office building may be
placed on the building face, however individual office signage may only be located
within the building. Individual building signs are subject to Planning Board approval in
accordance with the Town's sign ordinance.
§ 179-7-050 Route 9 Corridor
This is corridor is separated into two sections; Lower Route 9, which applies to the
commercially zoned lands from Route 254 to the Glens Falls City line and Upper Route
9, which encompasses the commercially zoned lands from Route 254 to the Great
Escape. This section will first describe the differences between the upper and lower
sections,then outline design standards for the entire Route 9 corridor.
Currently the Lower Route 9 Corridor is characterized by an overabundance of asphalt,
smaller shopping plazas, with one (1) row of front parking, and large stores with poorly
landscaped parking lots, variable setbacks, limited plantings and no continuity. The
Upper Route.9 Corridor, while an improvement over the lower section, still lacks
continuity and sufficient greenery,especially within parking areas.
A. Characteristics
A commercial strip is generally composed of one or two story buildings with retail and
commercial uses. Although oriented toward the automobile, diverse retail establishments
will promote economic development and choice, while architecture style and rooflines
can create a theme promoting an upscale shopping strip. Continuous landscaping in
accordance with the stipulations set out in the landscape section of this chapter will
further enhance a sense of unity along the entire focus area of Route 9. Minimal curb cuts
and shared drives will help offset traffic congestion problems. See Figure 10.
B. Design Objectives
Design objectives for this district are illustrated by Figures 9 — 12 in this Article. New
buildings must relate to the existing context and enhance the positive qualities that
currently exist. The better existing buildings therefore act as reference buildings for new
developments, reinforcing the best local characteristics, while allowing for continual
upgrading. Samples of reference buildings are illustrated herein, with notable features
emphasized. These are not representative of the only design possibilities,but are intended
to act as a guide for developers and their architects who are encouraged to seek
(118)
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LOWER ROUTE 9
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Que-bury Zoning Ordinm+ce
Adopted April],2002
alternative reference buildings of proven quality and local origin to expand the range of
appropriate and desirable architectural features.
Lower Route 9
Primary shop entrances will be located on the street frontage.Most of the parking will be
accommodated in the front along the building face and landscape strips.Parking provided
primarily in the front with minimal curb cuts reduces street congestion, provides
convenient vehicle storage, and promotes a pedestrian friendly corridor on Route 9.
Locating truck routes, loading docks and employee parking in the rear while providing
two rows of angled parking in the front allows maximum use of existing space.
Sidewalks should be located adjacent to the parking lot with the landscape strip buffering
the vehicular traffic from the pedestrian traffic See Figure 10.
Upper Route 9
More creative parking design and landscaping for businesses located on Upper Route 9 is
desired so that the building, parking, and landscaping visually share space. No one
aspect of commercial developments located here should be dominant. Locating truck
routes, loading docks, and employee parking in the rear will allow opportunities for more
landscaping to the front and sides of the building. See Figure 9"
C. Streetscape Elements
1. BUILDING HEIGHT: A two-story height limit (or 35 feet,whichever is lesser)
should be maintained for the entire corridor. Roof pitches,turrets, and flagpoles
may be exempted. Rooftop mechanical equipment should be hidden from view,
and screened with a fagade or other architectural treatment if possible.
2. BUILDING LINE: Buildings shall set back from the property line at least 25'
and will generally exceed that in order to accommodate the parking layout.
Buildings along upper Route 9 shall be setback a minimum of one-hundred
(100) feet from the property line where it a buts I-87 (the Northway). A one-
hundred (100) foot wide landscaping buffer shall be provided along I-87 (see
179-8-070). In cases where the existing conditions fail to meet these
requirements because buildings are too close to the property line, parking shall
be adjusted to the sides or rear of the building, main entrances shall be posted
both in the front and at the customer parking side of the building and the
landscape strip shall be maintained in the same location near the street, as
described in the Design Objectives above.
3. STORE ENTRANCES: Individual store entrances should be placed in the front
of the building, along Route 9. In the cases where the building line prevents
parking availability in the front, a main entry feature shall alsp be created on the
side of the building where customer parking is provided.
4. DELIVERY ACCESS: In order to facilitate fewer curb cuts, a rear drive should
be provided to access loading docks and employee parking spaces behind the
buildings.
5. TREES: Trees lining the streets are essential to good urban design. They
provide continuity and break up the built environment with greenery.
(123)
Que-sbury Zoning Ordinance
Adopted April I,2002
SIDEWALKS: Where sidewalks are not already present, sidewalks shall be 5
feet wide and A.D.A compliant. They are to be placed between the building and
the planting strip when possible. New sidewalks that are to connect to existing
sidewalks located adjacent to the street shall be curved or angled to create a
continuous walkway. In cases where the existing sidewalk is immediately
adjacent to the street (or separated by a very narrow, <24", planting strip) the
required landscape strip shall be located Between this sidewalk and the
retail/commercial parking lot. Sidewalk design objectives are illustrated by the
Figures in this Article.
6. LIGHTING: Should be in accordance with Section 179-6-020 of this chapter.
D. Architectural Elements
Providing architectural guidelines will further ensure the desired effect of continuity and
unity throughout the corridor.Building height,store-fronts,signage,etc.are elements that
can be related in order to create a sense of place. New buildings should reference the
positive,desirable features of existing buildings.
1. PRINCIPAL FEATURES:
a. Architectural elements that provide articulation of the roof, walls,
entryways and building face to prevent single building faces from
dominating the elevation. Uninterrupted building faces should be avoided.
2. SIGNAGE: In order to prevent sign clutter, pylon signs will be required for
connected shopping strips. Individual shops within the strip may have additional
signage above the main entryway. Other retail or commercial buildings, not
connected to a strip may use a pole sign in addition to the entryway sign. Both
pylon and pole signs may not exceed the maximum height of twenty-five(25)feet
(measured from the ground to the top of the sign).
3. SHOP FRONTS: Blank walls are prohibited in the corridor. Windows and both
vertical and horizontal articulation shall be used to define character.
§ 179-7-060 Route 149 and Bay Road
This district applies to the Neighborhood Commercial 1 Acre (NC-IA) district at the
intersection of Route 149 and Bay Rd. Currently the intersection contains vacant
property, several log-style buildings and several undistinguished structures. The intent of
this guideline is to create a small commercial intersection with an Adirondack character.
A. Characteristics
The Adirondack Theme embraces log or stone buildings one or two stories high for
office, retail and commercial uses. This area is not intended to, attract pedestrian
circulation, but acts as a scenic destination. The architecture style and rooflines create a
theme promoting an upscale shopping and/or business area. Continuous landscaping in
accordance with the stipulations set out in the landscape section of this chapter will
further enhance a sense of unity along the entire focus area.
(124)
QueeWbury Zoning Ov nance
Adopted April 1,2002
Primary shop entrances will be located on the street frontage. Most of the parking will be
accommodated in the front along the building face and landscape strips.
B. Design Objectives
Design objectives for this district are illustrated by Figures 13 - 20 in this Article. New
buildings must relate to and enhance the natural character of the Adirondack
environment. Existing Adirondack character buildings therefore act as references for new
developments, reinforcing the best local characteristics, while allowing for continual
upgrading.
Parking provided primarily in the front with minimal curb cuts and shared drives reduces
street congestion,provides convenient vehicle storage, and promotes patronage. Locating
delivery aisles,loading docks and employee parking in the rear while providing two rows
of parking in the front allows maximum use of existing space.The landscape strip will be
located adjacent to the parking lot along the street.
Waste receptacles for patrons' use shall have an Adirondack theme and be located
conveniently,but inconspicuously at the front of each business. Garbage dumpsters shall
be located in the rear and screened from view with opaque screening that does not
interfere with collection activities.
C. Streetscape Elements
1. BUILDING HEIGHT: A two-story height limit(or 30 feet, whichever is lesser)
should be maintained.Roof pitches,turrets,and flagpoles may be exempted.
2. BUILDING LINE:Buildings shall set back from the property line at least 50'.
3. STORE ENTRANCES: Individual store entrances should be placed in the front
of the building.
4. DELIVERY ACCESS: In order to facilitate fewer curb cuts, a rear drive should
be provided to access loading docks and employee parking spaces behind the
buildings.
5. STREET TREES: With relation to the landscape requirements in Article 8,
Landscaping and Buffering Standards, of this chapter, the mandated tree
plantings in this area shall be fifty-percent (50%) evergreen to maintain the
Adirondack aura.
6. LIGHTING: Shall be in accordance with Section 179-6-020 of this chapter.
D. Architectural Elements ,
Providing architectural guidelines will further ensure the desired effect.of continuity and
unity. Building height,architectural design, signage,etc. are elements that can be related
in order to create a sense of place.New buildings should reference the positive,desirable
features of existing buildings.
(125)
Queensbury Zoning Ordinance
Adopted Ap W 1,2002
1. PRINCIPAL FEATURES:
a. Adirondack Architectural Theme
b. Log or stone building facades
c. Two-story height limit
(126)
Queensbury Zoning Ordinance
Adopted April 1,2002
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(127)
bury 2002
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Queensbury Zoning Ordinance
Adopted April 1,2002
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(130)
Queensbwy Zoning Ordinance
Adopted April 1,2002
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OPOSED SECONDARY SIGNS{TYPICAL)
LLAND HO (L*. STORE NAMES)
"" ` VX um ADIRONDACK ARCHITECTURAL THEME Pic, 19
"""k 0NI °r'"tu' SAMPLE MONUMENT SIGN
MULTIPLE USERS
.r....".,.... a 399ia
M
Queensbwy Zoning Onlinance
Adopted April 1,2002
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(134)
Queensbury Zoning Ordinance
Adopted AprU 1,2002
d. Pitched roofs
e. Window shape and proportion
2. SIGNAGE: Monument signs are encouraged. Individual signage above the
each entryway are also allowable. Examples of appropriate monument signs are
illustrated by Figures of this Article.
§ 179-7-070 Route 149 and Ridge Road
This district applies to the Neighborhood Commercial i Acre (NC-IA) district at the
intersection of Route 149 and Ridge Road. Currently the intersection is largely vacant
with some log-style buildings and some non-thematic structures. The intent of this
guideline is to create commercial intersection with an Adirondack character.
A. Characteristics
The Adirondack Theme embraces log or stone buildings one or two stories high for
office, retail and commercial uses. This area is not intended to attract pedestrian
circulation, but acts as a scenic destination. The architecture style and rooflines create a
theme promoting an upscale shopping and/or business area. Continuous landscaping in
accordance with the stipulations set out in the landscape section of this chapter will
fiuther enhance a sense of unity along the entire focus area.
Primary shop entrances will be located on the street frontage. Most of the parking will be
accommodated in the front along the building face and landscape strips.
B. Design Objectives
Design objectives for this building are illustrated by Figures 21 and 22 of this Article.
New buildings must relate to and enhance the natural character of the Adirondack
environment. Existing Adirondack character buildings therefore act as references for new
developments, reinforcing the best local characteristics, while allowing for continual
upgrading.
Parking provided primarily in the front with minimal curb cuts and shared drives reduces
street congestion,provides convenient vehicle storage,and promotes patronage. Locating
delivery aisles,loading docks and employee parking in the rear while providing two rows
of parking in the front allows maximum use of existing space.The landscape strip will be
located adjacent to the parking lot along the street.
Waste receptacles for patrons'use shall have an Adirondack theme and be located
conveniently,but inconspicuously at the front of each business.Garbage dumpsters shall
be located in the rear and screened from view with opaque screening that does not
interfere with collection activities.
(135) 002
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�13�1
Queensbury Zo-g Ordinance
Adopted April 1,2002
C. Streetscape Elements
1. BUILDING HEIGHT: A two-story height limit(or 30 feet,whichever is lesser)
should be maintained.Roof pitches,turrets, and flagpoles may be exempted.
2. BUILDING LINE:Buildings shall set back from the property line at least 50'.
3. STORE ENTRANCES: Individual store entrances should be placed in the front
of the building.
4. DELIVERY ACCESS: In order to facilitate fewer curb cuts, a rear drive should
be provided to access loading docks and employee parking spaces behind the
buildings.
5. STREET TREES: With relation to the landscape requirements outlined in
Article 8, Landscaping and Buffering Standards, of this chapter, the mandated
tree plantings in this area shall be fifty-percent(50%) evergreen to maintain the
Adirondack theme.
6. LIGHTING: Shall be in accordance with Section 179-6-020 of this chapter.
D. Architectural Elements
Providing architectural guidelines will further ensure the desired effect of continuity and
unity. Building height, architectural design, signage, etc. are elements that can be related
in order to create a sense of place.New buildings should reference the positive, desirable
features of existing buildings.
1. PRINCIPAL FEATURES:
a. Adirondack Architectural Theme
b. Log or stone building facades
c. Two-story height limit
d. Pitched roofs
e. Window shape and proportion
2. SIGNAGE: Monument signs are encouraged. Individual signage above the
each entryway are also allowable.
(138)
Quembury Zoning Ordinance
Adopted April 1,2002
Article 8 Landscaping and Buffering Standards
§ 179-8-010 General Provisions
The purpose of this section is to establish incentives for the preservation of existing trees,
the replanting of trees lost due to development and to provide guidelines for minimum
landscaping on site as well as within the town rights-of-way.
Only trees from the list provided in this section or alternates approved by the Planning
Board and or Zoning Enforcement Officer will be considered to meet the requirements of
this ordinance. Tree caliper shall be measured four(4) feet from the base of the tree. The
developer/owner shall make every effort to preserve and protect significant trees over
eighteen inches in caliper.
The requirements of this section shall apply to all vacant undeveloped property and all
property to be redeveloped,including additions and alterations.
A landscape plan must be submitted as part of the site plan review process. A tree
schedule must also accompany the final plat submitted prior to site plan review.
Evergreen landscape materials must be included to achieve at least a 1:3 ratio between
evergreen and deciduous plants, except that the Planning Board may, at its discretion,
require a greater ratio of evergreen to deciduous plants where it determines that such a
greater ratio would be desirable.
Where the location of existing overhead or underground utility lines conflict with the
required landscaping strip and tree planting, the Planning Board may approve an
alternative plan to meet the intent of the ordinance.
Required landscaping must be permanently maintained in a healthy growing condition at
all times. The property owner is responsible for regular weeding, mowing of grass,
irrigating, fertilizing, pruning, and other permanent maintenance of all plantings as
needed. A one-year warranty must be provided for all planted trees and shrubs, from the
plant supplier,prior to the issuance of a certificate of occupancy.
§ 179-8-020 Applicability
The landscaping requirements of this Article are not retroactive.They shall be applied by
the Planning Board as part of any site plan review. A site plan review affecting only a
portion of a site triggers the landscaping requirements of this section.The Planning Board
may waive some or all of the requirements of this section,at its discretion.
§ 179-8-030 Recommended Tree List
Plant species shall generally be selected from the following list of species. Substitutions
may be made at the discretion of the Planning Board.
(139)
Quemrbnry Zoning Ordinance
Adopted April 1,2W2
SUGGESTED DECIDUOUS SHADE TREES
Common Name Scientific Name
Norway Maple Acer platanoides
Red Maple Acer rubrum
Hack Celtis occidentalis
Green Ash Seedless only) Fraxinus penns3dvanica
White Ash Seedless only) Fraxinus Americana
Ginkgo/Maidenhair Ginkgo biloba
Amur Cork Phellodendron amurense
American Plane Platanus occidentalis
Red Oak Quercus rubra
White Oak Quercus albs
Pin Oak Quercus palustris
Little Leaf Linden Tilia cordata
SUGGESTED EVERGREEN SHADE TREES
Common Name Scientific Name
Spruce varieties Picea varieties
Cedar/Juniper varieties Juni varieties
Pine varieties Pinus varieties
Yew varieties Taxus varieties
Arborvitae varieties Thu'a varieties
Hemlock varieties Tsu'a varieties
§ 179-8-040 Multi-Family and Non-Residential Landscaping Requirements
A. Applicability. These standards shall apply to all commercial, industrial, and multi-
family residential zoning districts and uses. These standards may be met by saving
existing trees on the site or by planting new trees from the above list.
B. Landscaped Strips Along Streets. A landscaped strip shall be provided adjacent to
all public and private streets. The landscaped strip shall be a minimum of ten (10)
feet wide, exclusive of street right-of-way. Within the landscaped strip, one (1)
shade tree (3" caliper minimum) shall be provided per every two hundred fifty
(250) linear feet, or any portion thereof, of landscaped strip. Required shrubbery
shall be no higher than four(4) feet above existing street grades, nor shall any tree
with foliage extend below ten feet above the established street grades. All
landscaping(trees, shrubs,planted beds)shall be maintained within twenty(20)feet
of any street intersection or ten (10) feet of driveway/street'intersections. This
restriction is for purposes of maintaining visibility at all times.
Where parking lots and drive abut the landscaped strip along street right-of-way,
evergreen shrubs selected from the list below must be provided for screening. The
screening must be a plant species that grows a minimum of three (3) feet high and
extends along the entire street frontage of the parking lot, exclusive of driveways
(140)
Que—bury Zoning Ordinance
Adopted Apri11,2002
and visibility clips.A landscaped berm may be provided in lieu of required shrubs.
The berm must be eighteen(18)to forty(40)inches above the average grade of the
street and parking lot curbs with a slope not to exceed 3:1. If a parking lot is located
fifty(50)feet or more from the street right-of-way line,no screening shrubs or berm
will be required.
SUGGESTED EVERGREEN LOW SCREENING SHRUBS
Common Name Scientific Name
Euonymous Etionyinous fortunei
Oregon Grape Mahonia aquifolium
Rhododendron Rhododendron `com acta' varieties
Holly Ilex `com acta' varieties
Dwarf Hinoki False Cypress Chamaecyparis obtuse`Nana Gracilis'
Spruce Picae varieties
Juniper Juni varieties
Yew Taxus varieties
SUGGESTED EVERGREEN TALL SCREENING SHRUBS
Common Name Scientific Name
Spruce Picae varieties
Juniper Juni varieties
Yew Taxus varieties
The Blue Hollies Ilex meservae
Mountain Laurel Kalmia latifolia
Fire Thorn Pyracantha
Rhododendron Rhododendron
Leatherleaf Viburnum Viburnum rhytide phyllum.
C. Visibility. Street level landscaping shall not interfere with visibility. See
Section179-6-020, Lighting,of this ordinance.
D. Interior Parking Lot Landscaping. Interior parking areas shall be landscaped in
addition to the required landscaped strip.Trees must be provided in each parking lot
at a minimum average density of one(1)shade tree(3"caliper)for each fifteen(15)
parking spaces, or any fraction thereof. Additionally, interior parking lot
landscaping shall be provided in accordance with the following table:
Total Parking Area Interior Landscaped Area
<24,999 square feet 5%
25,000—49,999 aijare feet 8%
50,000 square feet or larger 10•/0
E. Exterior Parking Lot Landscaping. A landscaped strip shall be provided around the
perimeter of the site exclusive of driveways. The landscaped strip shall be a
minimum of five (5) feet wide for sites 10,000 square feet or greater and three (3)
(141)
Quemsbury Zoning Ordinance
Adopted April 1,2002
feet wide for sites less than 10,000 square feet, except for any area abutting a public
street, in which case the requirements of Section B. above shall apply. Within the
perimeter landscaped strip, one (1) shade tree (3" caliper minimum) shall be
provided per every two hundred fifty (250) square feet, or any portion thereof, of
landscaped strip.
F. General Parking Lot Landscaping. See Figures 23-26. Parking lot landscaping shall
be met for all customer and employee parking. Parking lot landscaping
requirements shall apply to storage and standing parking spaces incidental to uses
such as sales and rental of motor vehicles, mobile homes, boats, trailers, or other
similar uses if such storage is visible from any public rights-of-way.
To calculate the total parking area and the subsequent percentage of required
interior lot landscaping,total the square footage of parking spaces,planting islands,
curbed areas, and all interior driveways and aisles, except those with no parking
spaces located on either side. Landscaped areas located outside the parking lot may
not be used to meet the interior landscape requirement.
The required landscaping for parking lots shall be more or less evenly distributed
throughout the parking lot, although adjustments may be approved by the Planning
Board reviewing the landscape plan, where shape or size of the parking lot, the
location of existing trees, or other natural constraints reasonable prevent such
distribution.
All landscaped areas, including permeable areas and drip lines around trees and
planting beds used for visual screening which abut any parking lot or vehicular
travel area shall be protected with curbs, parking blocks, or similar barriers
sufficient to protect them from vehicular intrusion. Such areas shall have a
minimum pervious area of sixty% (60 per cent) if they are for the purpose of
housing landscaping including trees and twenty-five% (25 per cent) if they house
landscaping other than trees. Landscaped islands will be a minimum five(5) feet in
dimension and must be a minimum of nine (9) feet wide when adjacent to parking
spaces where a car door would open into the island.
G. Festival Parking Alternative
The Planning Board may waive certain provisions of this section including but not
limited to internal landscaping for parking areas for certain land uses such as
amusement centers, ski centers, and similar places of mass gathering where parking
lots will be managed and filled by parking lot attendants. In order to qualify for this
waiver, the plantings that would be placed internally shall supplement those placed
externally to the parking field so as to further enhance the site.
(142)
Queensberry Zoning Ordinance
Adopted April 1.2002
§ 179-8-050 Types of Buffer Zones Between Uses
The purpose of buffer zones is to separate land uses and offer visual screening between
uses that may not be compatible. The level of general compatibility dictates the level of
screening. Three different types of buffers are specified. The buffer types are designated
as Type A, Type B and Type C buffers. The following table illustrates the types of
buffers required between adjacent uses.
(143)
Queensbury Zoning Ordinance
Adopted April 1,2002
INTERIOR LANDSCAPE PARK!"LOT NREMENTS:
(1) ONE— 3" CALIPER SHA®E'700E READ PMVOY 1 mm•_
(2) RATIO OF TOTAL LANDSCAPED AREA REtitilRED PER SQUARE.FEET OF PARKMi
too(TANS JIiELUOM ALL SIMMS.-AISLE%-MONO, AND 0J.POW,ISLANDS) ARE.AS
FOLLOW&.
< 24.M SF NEEDS 5x OF TOTAL PARM4 LOT L1li=APEtfi '
25.000-4-agn SF W.M OX OF SAL-.PARK MG }QT lAM APED
MOOO i OM -ltw-OFF TDIX>PAM06 LOT-L4W—V$APEW,.r.
SEE SECTMS 174-8--M
AND ART10ME VIII
PROPOSED.STE
AS
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PA ONG SPADE� $�
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M11ERIOR PARKING SPACE
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(CUMED Mt1E100R ISLANDS)
. ThIE _ "'.
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(144)
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Qfeensbwy Zoning Ordinance
Adopted April 1.2002
.LANDSCAPE STRIPS ALONG STREETS REQUIRMENTS:
(1) A 10' WADE LANDSCAPE STRIP IS REQUIRED ALONG ALL STREETS PUBLIC OR
PRIVATE EXCLUDING THE RIGHT—OF—WAY. MINIMUM.
ONE —3' CALIPER SHADE TREE IS REQUIRED FOR EVERY 250 LF OF THIS STRIP.
(2) ALL PROPOSED TREES TO BE A DISTANCE OF 35' FROM ALL STREET
INTERSECTIONS AND 10' FROM ALL DRIVEWAY STREET INTERSECTIONS IN ORDER TO
MAINTAIN VISIBILITY.
(3) IN AREAS THAT PROPOSED PARKING IS ADJACENT TO A STREET-
- 3' HIGH EVERGREEN HEDGE IS REQUIRED OR
— A 18-40' HIGH BERM AT NO GREATER THAN A 3:1 SLOPE
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(146)
Queensbury Zoning Ordinance
Adopted April I,2002
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(147)
Quee-bury Zoning Ordinance
Adopted April 1,2002
Buffer Requirements Between Adjacent Uses
Land Uses Single Multi- Office Retail Commercial/ Industrial
Family Family Recreation
Residential Residential
Single Family None B A B C C
Residential
Multi-Family B None A A B C
Residential
Office A A None A B C
Retail B A A None B C
Commercial/Recreation C B B B None B
Industrial C C C C B None
Any use not specified above is considered a commercial use,unless otherwise determined
by the Planning Board.
§ 179-8-060 Description of Buffer Types
Buffer types are illustrated by Figure 27. Each buffer type contains certain minimum
requirements, which are outlined in the table below. The buffer shall apply to both sides
of the property line to which it is applied. Trees and shrubs are to be from the
recommended lists in this section.An opaque fence may be substituted for trees or shrubs
of the minimum specified height, at the discretion of the Planning Board.
Buffer Types
Buffer Yard Type Minimum Number of Trees Minimum Height of
Landscaped Required per 100 Required Trees
Yard Linear Feet of Buffer
-
A 10 feet 1 NA
B 20 feet 3 6 feet
C 50 feet 15 1 10 feet
Parking or storage of vehicles of any kind or objects associated with the use of the
property is not permitted within the buffer yards. When not inhabited with natural woody
plants (i.e., trees and shrubs) sufficient to visually screen adjoining uses or zones, such
buffer area shall be planted,re-graded and/or fenced.
a
Buffer yards are in addition to landscape requirements outlined in this,section and may
not be used as a substitution for any part of the required landscaping. Where the use and
area tables of this ordinance specify a 50 foot buffer,the requirements of a Type C buffer
shall apply.
(148)
Qaeensbwy Zoning Ordinance
Adopted Apri!1,2002
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(149)
Queensbu y Zoning Ordinance
Adopted April 1.2002
§ 179-8-070 Additional Buffering Requirements
All industrial and commercial uses shall maintain a 50 foot Type C buffer between the
use and the adjoining lot line of any cemetery. All future development along upper Route
9 as defined in 179-7-050 shall maintain a 100-foot Type C buffer between the use and
the lot line adjoining Interstate 87(I-87 or"Northway')
§179-8-080 Landscaping of Dedicated Streets,Medians or Other Public Rights-Of-Way.
General Provisions. All unpaved public medians and parkways shall be landscaped with a
minimum of four(4)inches of topsoil and seeded or sodded with indigenous grass or low
growing evergreen groundcover. In addition, one tree, from the approved list, per five
hundred (500) square feet of landscaping shall be provided within the medians. The
location of the trees shall be approved by the Highway Superintendent to avoid any
conflict with any utilities within the medians and traffic movement. These landscape
areas shall be maintained by the developer or the owner until adequate coverage is
attained at a maintenance level compatible with like areas in other parts of the Town, or
for three years, whichever comes first, unless other contractual agreements are made
between the developer and the Town.
A. Trees must not be planted within thirty feet of intersections or utility poles.
B. Trees shall be spaced thirty (30) feet apart when planted in rows and fifteen (15)
feet apart when planted in groups.
C. Only trees with a mature height of less than thirty feet may be planted directly
under utility lines. Trees with mature heights greater than thirty (30) feet must be
planted a minimum of fifteen (15) feet from the outside edge of the last energized
line.
D. Ornamental tree spacing will be determined based on the desired effect.
E. Trees must be planted a minimum of ten feet from the edge of the curb.
§ 179-8-M Tree and Root Protection Standards
During the development and construction of any commercial site, adequate protection
measures shall be provided to minimize damage to existing trees and other vegetation to
be preserved. A tree and root preservation plan shall be included with the landscape plan
and shall consist of at least the following preventative measures:
A. Tree and shrub protective barriers. Barriers shall be installed prior to grading,
construction, or other land construction activity and may not be removed until after
final inspection by the Zoning enforcement officer. Sturdy material substantial
enough to protect roots, trunk and crown of trees/ shrubs (example: Orange safety
fencing at least 4 feet high on metal posts)may be used. The barrier shall be placed
(150)
Queensbury Zoning Ordinance
Adopted April!,2001
on a circumference along the farthest drip-line of the tree at minimum. Since the
root system extends well beyond the drip-line, additional measures may be taken by
the developer to ensure the safety of trees and shrubs.All proposed barriers shall be
illustrated on the preservation plan. No ropes, signs, wires, unprotected electrical
installation, or any other device or material may be hung on or tied around any tree
or shrub.
B. Non-disturbance area. No soil disturbance or compaction, stockpiling of soil or
other construction materials, vehicular traffic, or storage of heavy equipment is
allowed within the tree and root protection area or within the drip-line of trees to be
retained.Non-disturbance areas are to be labeled on the site plan.
C. Removal of landscape material. Dead trees and scrub growth shall be cut flush with
the adjacent grade.Areas of removal are to be shown on the site plan.
D. Root Pruning. Tree root pruning shall be used as a last resort. In the event that root
pruning is absolutely necessary, equivalent canopy pruning in a manner that
preserves the character of the crown is required to sustain the health of the tree.Any
necessary root pruning and mitigative measures are to be shown on the site plan.
F. Tree Replacement.Trees or shrubs that are part of a commercial site plan that die or
become sickly within three years of construction completion, as a result of
negligence of the preservation plan specifications, shall be removed and replaced
with trees from the approved list according to the following replacement schedule:
Tree Replacement Schedule
Size of Tree to be Replaced Number of 3"Caliper Replacements
>36"caliper,dbh Five
29"-36"caliper, dbh Four
21"-28"caliper,dbh Three
12"-20"caliper,dbh Two
< 12"caliper,dbh One
G. See Figure 28 for an illustration of the principals in this section.
a
(151)
Queensbury Zoning Ordinance
Adopted April 1,2002
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(152)
Queensbury Zoning Ordinance
Adopted April 1,2002
ARTICLE 9 Site Plan Review
§ 179-9-010 Purpose
The purpose of this Article is to allow the proper integration in the community of uses
and actions listed in Articles 4 Schedule of Regulations, 5 Supplementary Regulations
and 19 Access Management of this chapter and to provide a mechanism for the review of
Class B regional projects within the Adirondack Park pursuant to the APA Act..Because
of their characteristics or the special characteristics of the area in which they are to be
located, these uses and actions require special consideration so that they may be properly
located and planned with respect to:
A. The objectives of this chapter.
B.Their effect on surrounding properties.
C. The ability of the town to accommodate the growth resulting from the proposed
use without undue adverse effect on the town and its citizens and taxpayers, and the
protection of health,safety and welfare of the town and its citizens.
D. The objectives of the Comprehensive Land Use Plan.
E. The objectives and requirements of the Adirondack Park Agency Act for areas
within the Adirondack Park.
§ 179-9-020 Applicability
A land use or development involving a use or expansion of a use listed as a site plan
review use in Article 9 hereof shall not be undertaken unless and until the Planning Board
has approved,with conditions,such use and the Zoning Administrator has issued a permit
for such land use or development pursuant to the terms of Article 16, Administration
hereof. No building permit for a use requiring site plan review shall be valid without site
plan approval. When a site plan review is triggered,the Planning Board is empowered to
apply all of the requirements of this chapter to its review of the site plan. Changes in use
which would not increase the required parking by more than ten spaces do not require site
plan review: Changes in use that increase the parking requirements by more than ten
spaces do require site plan review. Any project requiring a building permit and that is
listed as a site plan review use in Article 4 requires site plan review. If such projects are
located within the Adirondack Park, they also require a permit from the Adirondack Park
Agency as a Class A project. The Adirondack Park Agency has jurisdiction only within
those portions of the town within the Adirondack Park.
§ 179-9-030 Authority to Approve and Disapprove
In accordance with § 274-a of the Town Law, the Planning Board is authorized to review
and approve, approve with modifications or disapprove site plans, prepared to
specifications set forth in this chapter and in regulations of the Planning Board, showing
(153)
Queensbury Zoning Ordinance
Adopted April 1.2002
the arrangement, layout and design of the proposed use of the land shown on such plan,
including activities located within the Adirondack Park and designated as Class A and
Class B Regional Projects by the Adirondack Park Agency.
§ 179-9-040 Pre-application Conference
Prior to making application for a site plan review, an applicant must schedule and attend
a pre-application meeting with the Town Planning Staff.The purpose of the meeting is to
review the applicable regulations and application requirements, as well as the procedure
for review and policies and procedures of the Planning Board. No application will be
accepted for review by the Planning Board until the pre-application conference is held.
§ 179-9-050 Application for Site Plan Review
Application for project approval shall be made to the Planning Board using forms
supplied by the Board. Applications shall include reasonably sufficient information for
the Board to make its findings under § 179-9-070 and 179-9-080 below. In determining
the content of these application forms, the Planning Board may provide for different
informational requirements for different classes or types of projects,but with each certain
class or type of project,the same information required by these various application forms
may include any or all of the following:
A. A detailed description of the natural features of the project and its components,
including all proposed roads and accesses, water supply and sewage disposal
systems,and their relationship to natural features.
B. An analysis, with supporting data, on the impact of the project on the environment,
both during construction and thereafter.
C. An analysis and supporting date of any benefits that might derive from the
project.
§ 179-9-W Fees
In addition to the fee listed on the schedule of fees, the Planning Board may charge a fee
to developers of projects requiring legal and technical review, provided that the fee
charged reflects the actual cost of legal and technical assistance to the Planning Board.
This fee is not to exceed$1,000 without notice to the applicant.
§ 179-9-070 Procedure
A. Adirondack Park Agency Projects. All proposals,uses or projects located within
the Adirondack Park which require Regional Project review shall be referred to the
Adirondack Park Agency for such review simultaneously to the site plan review process.
The Zoning Administrator shall refer copies of a complete application within ten days of
receipt to the APA along with additional information the Agency may deem necessary.
(154)
Que—bury Zo—g Ordinance
Adopted AprU I,2002
B. County Referral. For applications within 500 feet of the town boundary or a
proposed or existing state or county park or recreation area,right-of-way, parkway,
throughway,road or highway, stream drainage channel or easement,public building
or institution; not later than 10 days following receipt of a complete application for
said project, the Zoning Administrator shall notify and furnish the Warren County
Planning Board, in accordance with General Municipal Law §§ 2394 and 239-m,
with such pertinent information as the Warren County Planning Board may deem
necessary for review and comment. This referral requirement may be subject to
modification as outlined in a intermunicipal agreement between the Town and
County.
C. Public Hearing Requirement. The Planning Board shall fix a time, within 31 days
from the day an application for site plan approval is made, for the hearing of any
matter referred to under this section if a public hearing is deemed necessary by the
Planning Board. In determining whether a public hearing is necessary, the Planning
Board shall be guided by the expected level of public interest in the project and the
possibility of an eventual disapproval. No site plan review project may be
disapproved unless a hearing shall have first been held on the project application.
The Planning Board shall give public notice thereof by the publication in the
official newspaper of such hearing at least five days prior to the date thereof.
1. In the case of actions within the Adirondack Park, a copy of the public hearing
notice shall be mailed to the Adirondack Park Agency and to the Zoning Board
of Appeals. The Adirondack Park Agency shall be a full party in interest, with
standing to participate in any and all proceedings on projects within the
Adirondack Park conducted pursuant to this section.
2. The Planning Board shall decide on the application within 31 days after such a
hearing or after the application is filed if no hearing has been held; provided,
however,that the time within which the Planning Board must render its decision
may be extended by mutual consent of the applicant and the Planning Board.
D. Filing of Decisions. The decision of the Planning Board shall immediately be filed
in the office of the Town Clerk and a copy thereof mailed to the applicant. The
decision shall contain such findings of fact as are required by § 179-9-070 hereof.
The Planning Board, in conjuncture with its approval of any site plan review
project, may impose such requirements and conditions as are allowable within the
proper exercise of the police power, including the restriction of land against fin-ther
development of principal buildings (whether by deed restriction, restrictive
covenant or other similar appropriate means to ensure that guidelines as to intensity
or development as provided in this chapter shall be respected)and the imposition of
reasonable conditions (to ensure that the project will be adequately supported by
services and improvements made necessary by the project and to ensure that the
project will be completed in accordance with the terms of the application and any
permit) and including, without limitation, the requirements and conditions
authorized under § 179-9-070 and 179-9-080. In addition, the Planning Board may
(155)
Queensbury Zoning Ordinance
Adopted April 1,2002
require that the Zoning Administrator incorporate any such requirements and
conditions in any permit issued with regard to such site plan review project. In the
case of projects located within the Adirondack Park, the decision shall also be sent
to the Adirondack Park Agency.
E. Expiration of Approvals. Unless otherwise specified or extended by the Planning
Board, a decision on any site plan review shall expire if the applicant fails to
undertake the proposed action or project, to obtain any necessary building permits,
to construct any proposed new building(s) or change any existing building(s) or to
comply with the conditions of said authorization within one year from the filing
date of such decision thereof.
§ 179-9-080 Requirements for Approval
The Planning Board shall not approve a use unless it first determines that such site plan
review use meets all applicable standards. In order to approve any site plan review use,
the Planning Board shall find that:
A. The use complies with all other requirements of this chapter, including the site plan
'review standards as set forth in Part F of this section, the dimensional, bulk, and
density regulations of the zoning district in which it is proposed to be located(Table
4), the applicable requirements of Article 4 Schedule of Regulations,the applicable
requirements of Article 5 Supplementary Regulations, the applicable standards and
requirements of Article 6 Environmental & Performance Standards, the
standards/guidelines in Article 7 Design Guidelines, and the requiremsnts of Article
8 Landscaping and Buffering Standards.
B. The use will be in conformance with Chapter 136 Sewage and Sewage Disposal,
Chapter 147 Stormwater Management Local Law, and other applicable local laws.
C. The use would be in harmony with the general purpose or intent of this chapter,
specifically taking into account the location, character and size of the proposed use
and the description and purpose of the district in which such use is proposed, the
nature and intensity of the activities to be involved in or conducted in connection
with the proposed use and the nature and rate of any increase in the burden on
supporting public services and facilities which will follow the approval of the
proposed use;
D. 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 such projects the Planning Board shall consider and make a
finding that traffic access and circulation, road intersections, road and driveway
widths, and traffic controls are adequate. Additionally, the Board should find that
the off-street parking and loading facilities are appropriately located and arranged
(156)
Queensbury Zoning Ordinance
Adopted April 1,2002
and sufficient to meet traffic anticipated to be generated by the new use. 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 twenty-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 commercial use areas or other properties to allow
for pedestrian access and circulation.
E. The project would not have an undue adverse impact upon the natural, scenic,
aesthetic, ecological, wildlife, historic, recreational or open space resources of the
town or the Adirondack Park'or upon the ability of the public to provide supporting
facilities and services made necessary by the project, taking into account the
commercial, industrial, residential, recreational or other benefits that might be
derived from the project. In making the determination hereunder, the Planning
Board shall consider those factors pertinent to the project contained in the
development considerations set forth herein under § 179-9-080 of this chapter, and
in so doing, the Planning Board shall make a net overall evaluation of the project in
relation to the development objectives and general guidelines set forth in § 179-9-
080 of this Article.
F. The Planning Board review of the site plan shall include, as appropriate,but not be
limited to,the following general standards;
1. The location, arrangement, size, design and general site compatibility of
buildings,lighting and signs.
2. The adequacy and arrangement of vehicular traffic access and circulation,
including intersections, road widths, pavement surfaces, dividers and traffic
controls.
3. The location, arrangement, appearance and sufficiency of off-street parking and
loading.
4. The adequacy and arrangement of pedestrian traffic access and circulation,
walkway structures, control of intersections with vehicular traffic and overall
pedestrian convenience.
5. The adequacy of stormwater drainage facilities,including conformance with the
drainage standards of the Town of Queensbury Subdivision Regulations.
6. The adequacy of water supply and sewage disposal facilities.
7. The adequacy, type and arrangement of trees, shrubs and other suitable
plantings, landscaping and screening constituting a visual and/or noise buffer
between the applicants and adjoining lands,including the maximum retention of
existing vegetation and maintenance,including replacement of dead or deceased
plants.
8. The adequacy of fire lanes and other emergency zones and the provision of fire
hydrants.
9. The adequacy and impact of structures, roadways and landscaping in areas with
susceptibility to ponding, flooding and/or erosion.
(157)
Queensbury Zoning Ordinance
Adopted April 1,2002
10. Conformance with the design guidelines, landscaping standards and
performance standards of this chapter.
§ 179-9-090 Financial Security
The Planning Board or Town Board may require the posting of financial security in the
form of bond,letter of credit or other instrument in order to ensure that improvements are
carried out as specified in the plans and approvals. The Boards shall follow the
procedures in the Town of Queensbury Subdivision Regulations or NYS Town Law Sect
277(9)for such bonds.
§ 179-9-100 Development Considerations
The following are those factors which relate to potential for adverse impact upon the
natural, scenic, aesthetic, ecological, wildlife, historic, recreational or open space
resources of the Town of Queensbury.These factors, listed below, shall be considered, as
provided in this chapter, before any site plan review project is undertaken in the town.
Any burden on the public in providing facilities and services made necessary by such
land use and development or subdivisions of land shall also be taken into account,as well
as any commercial, industrial, residential, recreational or other benefits which might be
derived therefrom.
A. Natural resource considerations shall be as follows.
1. Water.
a. Existing surface and ground water quality.
b. Natural sediment or siltation.
c. Eutrophication.
d. Existing drainage and runoff patterns.
e. Existing flow characteristics.
f. Existing water table and rates of recharge.
2. Land.
a. Existing topography.
b. Erosion and slippage.
c. Floodplain and flood hazard.
d. Mineral resources.
e. Viable agricultural soils.
f. Forest resources.
g. Open space resources.
h. Vegetative cover.
i. The quality and availability of land for outdoor recreational purposes.
3. Air.
a. Air quality.
4. Noise.
a. Noise levels.
5. Critical resource areas.
(158)
Quembury Zoning Ordinance
Adopted April I.1001
a. Rivers and corridors of rivers designated to be studied as wild, scenic or
recreational in accordance with the Environmental Conservation Law.
b. Water bodies and streams and their floodplains and corridors.
c. Rare plant communities.
d. Habitats of rare and endangered species and key wildlife habitats.
e. Alpine and sub-Alpine life zones.
f. Wetlands.
g. Elevations of 2,500 feet or more.
h. Unique features,including gorges,waterfalls and geologic formations.
6. Wildlife.
a. Fish and wildlife.
7. Aesthetics.
a. Scenic vistas.
b. Natural and man-made travel.
B. Historic site considerations shall be as follows:
1. Historic factors.
a. Historic sites or structures.
C. Site development considerations shall be as follows:
1. Natural site factors.
a. Geology.
b. Slopes.
c. Soil characteristics.
d. Depth to groundwater and other hydrological factors.
2. Other site factors.
a. Adjoining and nearby land uses.
b. Adequacy of site facilities.
D. Governmental considerations shall be as follows:
1. Governmental service and finance factors.
a. Ability of government to provide facilities and services.
b. Municipal school or special district taxes or special district user charges.
E. Governmental review considerations shall be as follows:
1. Governmental control factors.
a. Conformance with other governmental controls.
d
(159)
Qreembury Zoning Ordinance
Adopted April 1,2002
ARTICLE 10 Special Use Permits
§ 179-10-010 Intent
The intent of this Article is to set forth requirements which shall apply to certain land
uses and activities which due to their characteristics, or the special characteristics of the
area in which they are to be located, require special consideration so that they may be
properly located and planned with respect to the objectives of this Zoning Ordinance,
their effect on the surrounding properties and community character. The primary purpose
of Special Use Permit review is to ensure compatibility with the surrounding
neighborhood and to ensure the long-term benefit of the use to the town.
While recognizing that certain types of uses may be desirable or necessary in the town,
their nature can cause certain problems or difficulties. Consequently, particular uses are
controlled by a special use permit procedure which requires additional regulations
designed for each use in order to mitigate such problems or difficulties and to minimise
the impact of these upon the zoning district in which such use is located.
§ 179-10-020 Delegation to the Planning Board
As per §274-b(2)of New York State Town Law,the Planning Board is hereby authorized
to administer and carry out the intent established in this Article. The Planning Board shall
conduct Special Use Permit Review in accordance with the procedures of this article for
any use identified as requiring such review in Article4, Schedule of Regulations.
Site plan review in accordance with the requirements and procedures of Article 9, Site
Plan Review, is required for all uses that receive a special use permit. Such review may
occur concurrent with or subsequent to special use permit review, at the applicant's
discretion. Regardless of whether the reviews occur separately or at the same meeting,
separate applications and application fees are required for each review.
§ 179-10-030 Application and Review Procedures
A. It shall be the duty of the Zoning Administrator to refer to the Planning Board all
uses identified in Article 4, Schedule of regulations which require special use
permits.
B. The Planning Board shall determine what items from the site plan submittal
requirements in Article 9, Site Plan Review, shall be submitted for the special use permit
application. The Planning Board may empower the Zoning Administrator to make a
preliminary determination of submittal requirements in order to place "the matter on the
Board's agenda.
(160)
Queensbury Zoning Ordinance
Adopted April 1.2002
C. Upon receipt of an application for a special use permit, the Planning Board shall
initiate an environmental review pursuant to the applicable provisions of SEQRA 6
NYCRR Part 617.
D. An eligible applicant for a special use permit must be the owner, lessee or
purchaser under contract for involved parcel. A lessee and purchaser under contract
must have the permission of the current property owners to submit an application
for a special use permit. The applicant, or his duly authorized representative, shall
attend the meeting of the Planning Board to discuss the application.
E. The official time of submission of the special use permit application shall be
considered to be the date of the first meeting of the Board for which the application
is scheduled for discussion.
F. For applications for projects within the Adirondack Park, not later than 10 days
following receipt of a complete application for said project, the Zoning
Administrator shall notify the Adirondack Park Agency in the case of Class B
Regional Projects and shall furnish to the Agency such pertinent information as the
Agency may deem necessary and shall afford each body the opportunity to
comment.
G. For applications within 500 feet of the town boundary or a proposed or existing
state or county park or recreation area, right-of-way, parkway, throughway,road or
highway, stream drainage channel or easement, public building or institution; not
later than 10 days following receipt of a complete application for said project, the
Zoning Administrator shall notify and furnish the Warren County Planning Board,
in accordance with General Municipal Law§§2394 and 239-m, with such pertinent
information as the Warren County Planning Board may deem necessary for review
and comment. The referral of projects under this section may be subject to
modification as mutually agreed by the Queensbury Town Board and the Warren
County Board of Supervisors.
H. The Planning Board shall fix a time, within 31 days from the day an application
for special use permit approval is made, for the hearing of any matter referred to
under this section. The Planning Board shall give public notice thereof by the
publication in the official newspaper of such hearing at least five days prior to the
date thereof.
1. In the case of Class B Regional Projects within the Adirondack Park, a copy of
the public hearing notice shall be mailed to the Adirondack Park Agency and to
the Zoning Board of Appeals.The Adirondack Park Agency shall be a full party
in interest, with standing to participate in any and all proceedings on projects
within the Adirondack Park conducted pursuant to this section.
2. The Planning Board shall decide on the application within 31 days after such a
hearing, however the time within which the Planning Board must render its
(161)
Q-bnry Zoning Ordinance
Adopted April 1,2002
decision may be extended by mutual consent of the applicant and the Planning
Board.
I. The decision of the Planning Board shall immediately be filed in the office of the
Town Clerk and a copy thereof mailed to the applicant. The decision shall contain
such findings of fact as are required by § 179-10-050 and 179-10-060 hereof. The
Planning Board, in conjuncture with its approval of any special use permit, may
impose such requirements and conditions as are allowable within the proper
exercise of the police power, including limitations on the hours of use, the intensity
of the use, the number of employees or vehicles, the number of structures, the use
of structures and land, and any other condition it deems necessary to further the
interest of this ordinance. In addition, the Planning Board may require that the
Zoning Administrator incorporate any such requirements and conditions in any
permit issued with regard to such site plan review project. In the case of special use
permits located within the Adirondack Park, the decision shall also be sent to the
Adirondack Park Agency.
J. As a condition of approval of a special use permit,the Planning Board may require
a performance bond or letter of credit to guarantee satisfactory performance of the
required improvements. Such performance bond or letter of credit shall be part of
or in addition to any required by the Planning Board as part of a site plan review
application.
K. The Planning Board, as a condition of granting any special permit, may specify its
term of validity. There are three(3) types of permits which may be granted by the
Planning Board, described as follows:
1. Permanent -permits a specific use to continue indefinitely until the specific use
ceases for any reason for a period of six(6)consecutive months.
2. Temporary - permits a specific use to continue until a specific date, at which
time the special use permit shall automatically terminate and the use shall be
permanently discontinued. This type shall not be extendable.
3. Renewable - permits a specific use to continue until a specific date, unless
renewed or extended by the Planning Board for an additional period of time. If
not extended, the use shall be permanently discontinued. It is the responsibility
of the applicant, and not the Town of Queensbury, or any Board, officer, or
employee thereof,to initiate the request for the renewal or extension prior to the
expiration of the original term of such renewable special use permit. If not
extended or renewed prior to the date set for expiration, the right to continue
such special use shall terminate on such expiration date, subject to the right of
the applicant to seek an extension or renewal. An application for the extension
or renewal of a renewable special use permit shall be made in accordance with
the applicable provisions then applying to special use permits, as if it was an
original request.
4. Any applicant who receives a temporary or renewable special use permit and
who decides to proceed with the special use, does so realizing that the
(162)
Queensbury Zoning Ordinance
Adopted April 1,2002
temporary special use permit has a fixed duration, and that all rights to continue
that use terminate upon the expiration of the specified time, and that the
renewable special use permit may not be extended beyond its original term.
The applicant, in accepting a temporary or renewable special use permit,
acknowledges and agrees that such special use permit confers no rights or
privileges other than those specifically contained therein.
§ 179-10-040 Fees
In addition to the fee listed on the schedule of fees, the Planning Board may charge a fee
to developers of projects requiring legal and technical review, provided that the fee
charged reflects the actual cost of legal and technical assistance to the Planning Board.
This fee is not to exceed S1,000 without notice to the applicant.
§ 179-10-050 General Standards for Special Use Permits
Before granting approval to any special use, the Planning Board shall consider the
positive and negative impact of the use on the following characteristics
A. The extent to which the use is in harmony with and promotes the general purposes
and intent of the Comprehensive Plan and this ordinance and its effect on the health,
welfare and safety of the town and its residents.
B. The overall compatibility of the use with the neighborhood and the positive and
negative impacts on community character, including the character of adjoining
properties, districts and uses, and the positive and negative impacts on density,
including the density of adjoining properties, districts and uses.
C. The positive and negative impacts of the use on vehicular congestion and parking,
including the provision of adequate parking and the absence of hazardous parking
or traffic conditions.
D. The positive and negative impacts on infrastructure and services,including utilities,
public facilities and services, including the extent to which the project extends or
provides infrastructure and services to areas in need of such infrastructure and
services.
E. The positive and negative impacts on environmental and natural resources,
including the environmental and physical suitability of the site for development, the
risk of fire, flood or erosion and impacts such as emissions of delectrical charges,
dust,light,vibration or noise detrimental to the public health,safety and welfare.
F. The extent to which the use provides positive or negative effects on the long-term
economic stability and community character of the town and surrounding
properties,districts and uses.
(163)
Que—bury Zoning Ordinance
Adopted April/.2002
§ 179-10-060 Specific Standards for Special Use Permits
A. Marinas
All marinas shall comply with the standards for Class A and Class B marinas as adopted
by the Lake George Park Commission in 6NYCRR Part 646, as may be amended. Class
A marinas are permitted by special use permit in the WR-lA and WR-3A zones. The
Planning Board shall consider these standards in its special use permit review of any
Class A marina. Class B marinas shall not require a special use permit and do not require
the approval of the Town Planning Board.
B. Junkyards
The standards of the Town's junkyard ordinance(see Chapter 102)shall be applied to the
Special Permit review.
C. Kennels
Kennels shall be located on parcels of at least 10 acres.All dog runs or other areas in
which dogs are kept must be located at least 200 feet from any property line.
D. Adult Use Establishments
1. Intent. In the development and execution of this chapter, it is recognized that
Adult Use Establishments, because of their very nature, are recognized as
having serious objectionable operational characteristics, particularly when
several of them are concentrated under certain circumstances and in close
proximity of one another, thereby having a deleterious effect upon surrounding
uses.. Special regulations of such uses is necessary to insure that these adverse
effects will not contribute to the blighting or downgrading of the surrounding
neighborhood, thereby have a direct deleterious affect on the health, safety and
general welfare of the Town and its inhabitants. The primary control or
regulation is for the purpose of preventing a concentration of this use in any one
area.
2. No adult use establishment shall hereafter be located within one-thousand
(1000) feet from the nearest property line of any residential district, any public,
private or parochial school, library, park or playground, church, convent,
monastery, synagogue or other place of worship. No adult use establishment
shall hereafter be located within one-thousand (1000) feet from the nearest
property line of an adult entertainment establishment.
3. In addition to the forgoing, it shall be unlawful to hereafter open, establish, own
or manage any adult use establishment within one-thou&md (1000) from the
nearest property line of any residential district, any public, private or parochial
school, library, park or playground, church, convent, monastery, synagogue or
other place of worship.
(164)
Qneensbwy Zoning Ordinance
Adopted April 1,2002
4. Penalties. In addition to the penalties specified by.Article 17, Enforcement of
this chapter, violation of this section is punishable by a fine not exceeding one
thousand dollars ($1,000.00), or by imprisonment not exceeding six (6)months
or by both fine and imprisonment. Each day or any portion thereof in which
any violation of this section is committed, permitted or continued shall
constitute a separate offense. In addition to these penalties, the Town may
institute any appropriate action or proceedings to enjoin the establishment or
continuance of such use in violation of the provisions hereof, or take such other
legal or administrative action deemed necessary or desirable to correct or abate
such violation.
E. Gasoline Stations
The Town of Queensbury finds that although vehicle-refueling stations are a necessary
part of everyday life in this day of the internal combustion engine, they also present a
considerable potential for risk to the public health, welfare and safety of the Town and
the inhabitants thereof. Gasoline Stations are allowed with site plan review in the several
of the Town's commercial districts as listed in Table 2 (179-4-020)However, in order to
provide for the safe and proper coexistence of vehicle refueling stations and other land
uses permitted within the Town, the following additional regulations are adopted which
all vehicle refueling stations located within the Town's Mixed Use (MU) district are
hereby made subject to the following:
1. The area for use by motor vehicles, except access drives thereto, as well as any
structures, shall not encroach or any applicable required yard area requirements
contained in this Ordinance.
2. No fuel pump shall be located closer than twenty(20)feet from any street line,
measured from the outside edge of the fuel island and the closest edge of the
public right of way.
3. No vehicle refueling station property line shall be within five hundred(500) feet
of a school, public library, theater, place of worship or other place of public
assembly, as defined by the N.Y.S. Uniform Fire Prevention and Building Code,
park, playground or fire station, nor within two hundred fifty (250) feet of
ingress or egress ramps to limited-access highways, nor within two hundred
fifty (250) feet of an abutting residential zone as measured linearly along the
fronting street or streets.
4. All major repair work and servicing shall be done within a completely enclosed
building. Such repair work shall not include body repair work nor spray
painting, which shall only be allowed within an auto body repair shop, as that
term is defined by this ordinance.
e
5. No new or used cars, travel trailers or other trailers, or motorized mobile homes
shall be sold or rented at a vehicle refueling station.
F. Outdoor Concert Events
(165)
Qu—b-y zoning Ordinance
Adopted April 1,2002
Outdoor concerts events which are not a part of the regular activities and operations
of an approved or pre-existing land use shall require a Special Use Permit. Such
events may not be held between the hours of 11:00 p.m.and 7:00 a.m.The Planning
Board may specify maximum sound levels as a condition of a permit for such events.
§ 179-10-070 Expiration
Unless otherwise specified or extended by the Planning Board, decision on any request
for a special use permit granted after the effective date of this chapter shall expire if the
applicant fails to obtain the necessary building permit to construct any existing
building(s) and begin actual construction or to comply with the conditions of said
authorization within one 0) year from the filing date of such decision thereof. Unless
otherwise specified or extended by the Planning Board, all special use permits granted
prior to effective date of this chapter shall expire if the applicant fails to obtain the
necessary building permit and begin actual construction or comply with the conditions of
said authorization within one(1)year from the effective date of this chapter.
§ 179-10-080 Revocation of Permit
A use authorized by special permit may be revoked by the Planning Board if it is found
and determined that there has been a material failure of compliance with any one (1) of
the terms, conditions, limitations or requirements imposed by said permit.
§ 179-10-090 Enforcement
All special use permits shall be subject to the provisions of Article 17,Enforcement,X of
this zoning regulation.
(166)
Queensbury Zoning Ordinance
Adopted April 1,2002
ARTICLE 11 Clustering
§ 179-11-010 Authorization.
Whereas pursuant to a resolution of the Town Board, the Planning Board has been
empowered to modify the minimum lot area and minimum lot width requirements of the
Zoning Ordinance in accordance with the provisions of§ 281 of the Town Law,in order
to enable and encourage flexibility of design and development of land in such a manner
as to promote the most appropriate use of land to facilitate the adequate and economic
use of streets and utilities, to preserve the natural and scenic qualities of open lands and
to encourage affordable housing,the following shall be the standards and procedures.
§ 179-11-020 Purpose.
The purpose of the cluster provisions is to encourage flexibility in the design and
development of land in order to promote its most environmentally sensitive use, to
facilitate the adequate and economical provisions of streets and utilities, to preserve the
natural and scenic qualities of open space and to encourage compatibility with the goals
and objectives of the Comprehensive Land Use Plan.
§ .179-11-030 Objectives.
In order to realize the purpose of this Article, a cluster design shall achieve the following
objectives:
A. A development pattern which preserves outstanding natural topography and
geological features, scenic vistas and trees and prevents the disruption of natural drainage
patterns,including wetlands.
B. An efficient use of land resulting in smaller networks of utilities and streets.
C. A development pattern in harmony with the land use intensity, transportation
facilities and community facilities objectives of the Comprehensive Land Use Plan.
§ 179-11-040 Standards.
A. No such modification by the Planning Board shall result in a greater overall
density of lots or dwelling units than is permitted in the zoning district wherein such
lands lie, as specified in the Zoning Ordinance.
B. This procedure shall be applicable only to lands zoned for residential purposes,
not including, however, lands zoned SFR. The provisions of this Article shall not be
deemed to authorize a change in the permissible use of such lands as provided in this
Chapter.
(167)
¢reensbury Zoning Ordinance
Adopted April 1.2002
C. The minimum acreage to which this Article may be applicable shall be five (5)
times the minimum lot area for the zoning district involved. Therefore, in any given
district,the minimum number of units to which this Article applies is five(5).
D. To prevent any possibility of nutrient pollution and to protect the visual character,
there shall be no cluster development within five hundred (500) feet of the high-water
mark of the following: Hudson River, Butler Pond, Butler Storage Reservoir, Wilkie
Reservoir, Wilkie Intake Reservoir, Keenan Reservoir, Keenan Intake Reservoir, Rush
Pond, Halfway Brook Reservoir, Hovey Pond, Round Pond, Mud Pond (between Glen
Lake and Round Pond), Mud Pond (located in the vicinity of the Queensbury Landfill),
Lake Sunnyside,Dream Lake,Glen Lake, Sleights Pond,Bear Pond and Lake George.
E. Open Space Ownership.
The ownership of land dedicated for park, recreation or open space use shall be
determined by the property owner or applicant. The person or entity having the right of
ownership shall be responsible for its proper maintenance and continued upkeep.
Ownership shall be with one of the following: the town: another public jurisdiction or
agency subject to their acceptance; a private, nonprofit organization incorporated with a
purpose consistent with the use and management requirements of the dedicated land;
shared, common interest by all property owners in a subdivision; a homeowner,
condominium or cooperative association or organization; or private ownership
encumbered by a conservation easement pursuant to Section 247 of General Municipal
Law or Sections 49-0301 through 49-0311 of Environmental Conservation Law. Nothing
in this Article shall supersede the Town Board's right and responsibility to determine land
to be acquired for town parks, after consulting with the Recreation Commission and
Planning Board.
F. Calculation of Maximum Buildable Lots. The maximum buildable lots for a
clustered subdivision shall be calculated as follows:
1. From the total area of the property to be subdivided, subtract:
(a) Any unbuildable areas such as local, state, or federally regulated
wetlands,
(b) rock outcops,
(c) site slopes in excess of 15%,
(d) areas within 500 feet of the high water mark of those waterbodies
listed in Part D of this section,
(e) the area to be occupied by the proposed streets rights-of-way
(f) the area to be set aside for other public use such{as parkland
(g) the area occupied by other public easements or rights-of-way
across the property such as major power or telephone lines.
2. Then divide the resulting figure (the remaining acreage) by the lot size
allowed in the zone in which the lots will be located.
(168)
Queensbury Zoning Ordinance
Adopted April 1,2002
G. View Preservation. Where vistas and open field areas are to be preserved, lots
shall be clustered at the edges of the open field areas or behind topographic features
which block views from the existing public way,whenever possible.Building lots shall be
set back away from ridges or military crests in order to protect the natural silhouette of
Queensbury's mountain ranges.
§ 179-11-050 Procedures.
A. Request by Planning Board. A cluster design alternative shall be required if the
characteristics of the site include any of the following:
1. A significant wildlife or plant habitat exists on the site or may be impacted
by the development of the site.
2. Wetlands occupy over twenty-five percent (25%) of the site or where
streams are crossed by the development of the site.
3. Slopes greater than fifteen percent(15%) occupy over fifty percent(50%)
of the site.
4. Slopes greater than twenty-five percent (25%) occupy over twenty-five
percent(25%)of the site.
5. Soils with a percolation rate of less than six-hundredths (0.06) inch or
greater than six(6)inches per hour occupy over twenty-five percent(25%) of the
site.
6. Soils with depth to bedrock at eighteen (18) inches or less occupy over
twenty-five percent(25%)of the site.
7. Soils with depth to seasonal high water table of forty(40)inches or fewer
occupy over twenty-five percent(25%)of the site.
8. Sites exposed to views from Lake George.
9. Sites located in a scenic vista or viewshed identified on the Scenic Views
Vistas Map.
10. Sites adjacent to or incorporate area, buildings or structures of historic
significance.
B. Request by subdivider. A subdivider may request the use of this Article
simultaneously with or subsequent to the submission of the sketch plan..Any submission
subsequent to preliminary approval of a plat shall require a resubmission of the sketch
plan.
C. Alternate sketch plan. The Planning Office or the Planning Board may request
that a subdivider present, along with a proposal utilizing the provisions of this Article, an
alternate sketch plan with lots meeting the minimum lot area, minfipum lot width and
minimum shoreline lot width requirements of the Zoning Ordinance.
D. Plat submission. Upon determination by the Planning Board that the sketch plan
utilizing the provisions of this Article is suitable, the procedures attendant to and
subsequent to the sketch plan submission, as set forth in Article III, shall be followed in
regular order.
(169) -,
Que—"7 Zoning Ordinance
Adopted April I,2002
E. Local filing, notation on Zoning Map. Any subdivision plat finally approved
which involves modification as provided for in this Article shall be filed, in addition to
the filing required by Article V hereof, with the Planning Office, which will make
appropriate notation and reference thereto on the Town Zoning Map.EN
§ 179-11-060 Unit Types
The dwelling units shall be of the same type permitted in the zoning district to which the
procedures of this article are applied.
§ 179-11-070 Review of Plans
The procedure for the review of plans shall be the same as for any subdivision as per
Chapter 183 of this Code.
§ 179-11-080 Filing of Plat;Notations
On the filing of the plat in the office of the County Clerk or Register,a copy shall be filed
with the Town Clerk, who shall make appropriate notations and references thereto in the
Zoning Ordinance and Town Zoning Map.
r
(170)
Quembug Zoning Ordinance
Adopted April 1.2002
ARTICLE 12 Planned Unit Development(PUD)
§ 179-12-010 Intent and Objectives
A. Intent. It is the intent of this Planned Unit Development (PUD) Article to provide
flexible land use and design regulations to provide for the rezoning of land so that
small to large scale neighborhoods or portions thereof may be developed in the
Town. Provision is included for Planned Unit Developments to permit
establishment of areas in which diverse uses may be brought together in a
compatible and unified plan of development which shall be in the interest of the
general welfare of the public. This section specifically encourages innovation in
residential development so that the growing demand for housing at all economic
levels may be met by greater variety in type, design and siting of dwellings and by
the conservation and more efficient use of land in such developments.
This section recognizes that,while the standard zoning function and the subdivision
function are appropriate for the regulation of the land use in areas of neighborhoods
which are already substantially developed, these controls represent a type of pre-
regulation, regulatory right, and uniformity which may not be in harmony with the
techniques of land development contained in the planned unit development concept.
Further, this section recognizes that a rigid set of space requirements, along with
bulk and use specifications, would frustrate the application of this concept. Thus,
where planned unit development techniques are deemed appropriate through the
rezoning of land to a Planned Unit Development District by the Town Board the set
of use and dimensional specifications elsewhere in the ordinance are herein
replaced with an approval process in which an approved plan becomes the bases for
continuing land use controls.
PUD's are allowed in all residential zones except the Parkland Recreation, Land
Conservation and Single Family Residential zones.
In no case shall the regulations of this section be so interpreted as to circumvent the
benefits of this ordinance to the residents or occupants of adjoining properties.
B. Objectives. In order to carry out the intent of this Article, the Planning Board shall
consider the following objectives:
1. Whether the project provides a choice in the types of environment, occupancy
tenure(e.g., individual ownership, condominium leasing), types of housing and
sizes and community facilities available to existing and potential residents at all
economic levels.
2. Whether the project provides more usable open space and recreation the
linkage of open space areas.
3. Whether the project provides more convenience of residents in the location of
manufacturing,commercial and service areas,if applicable.
(171)
Queensbury Zoning Ordinance
Adopted April 1,2002
4. Whether the project provides for the preservation of trees, outstanding natural
topographic and geologic features and prevention of soil erosion.
5. Whether the project provides for a creative use of land and related physical
development which allows an orderly transition of land.
6. Whether the project provides for an efficient use of land resulting in smaller
networks of utilities and services,thereby lowering housing costs.
7. Whether the project provides a development pattern in harmony with the
objectives of the Comprehensive Plan.
8. Whether the project provides a more desirable environment than would be
possible through the strict application of other Articles of this Chapter.
7. Whether the project provides scenic vistas, historic sites, and prevents
disruption of natural drainage patterns
8. Utilizes landscaping and building design to present a sense of community, of
integrated color schemes, architectural styles and layout.
The Planning Board shall find that the above objectives are satisfied by the project
proposed pursuant to this Article.
§ 179-12-020 General Requirements
A. Ownership. The tract of land for a project may be owned, leased or controlled
either by a single person or corporation, or by a group of individuals or
corporations. An application must be filed by the owner or jointly by owners of all
property included in a project. In the case of multiple ownership,the approved plan
shall be binding of all owners.
B. Minimum Area The minimum area for a PUD shall be 30 contiguous acres of land.
The Town Board may consider projects of lesser acreage where the applicant can
demonstrate that the characteristics of his holdings meet the purposes and objectives
of this article.
C. Base Residential Density. Base residential density (BRD) in a PUD, is that density
as permitted in the original District or Districts in the current Zoning Ordinance.
The residential density allowed in a PUD (PUD Density) shall not exceed one
hundred twenty percent(120%)of the original base residential density. The overall
residential intensity of the project cannot exceed the amount of available
development potential of the individual APA Land Use Intensity Zone if the
proposed PUD is located within the Adirondack Park.
D. Non-Residential Density.Non-residential densities may not exceed 20%of the total
residential square footage in a PUD. For the purpose of calculating allowable
residential square footage, the allowed base residential density shall be multiplied
by a value of 2,000 square feet per allowable dwelling unit. The non-residential
density is not to be counted toward the overall PUD Density. For example: 40 acres
of developable area in a 1 acre zone would net 40 dwelling units (Base Residential
Density). Multiply 40 dwelling units x 2000 sq. ft./dwelling unit yields 80,000 sq.
(172)
&ee-bury Zoning Ordinance
Adopted*dI 1,2002
ft. total residential square footage. Multiply the 80,000 sq. ft. x 20%yields 16,000
sq. ft. of allowable non-residential square footage.
E. Allowed Use. Any type of use is permitted within a PUD, subject to the base
density provisions in paragraph C. above.
§ 179-12-030 Considerations
In determining whether exceptions to district standards should be allowed,particularly as
regards the intensity of land use,the Town Board shall consider the following factors.
A. The need for the proposed land use in the proposed location.
B. The availability and adequacy of water service.
C. The availability and adequacy of sanitary waste disposal facilities.
D. The availability and adequacy of transportation systems, including the impact on
the road network.
E. The pedestrian circulation and open space in relation to structures, throughout the
proposed development, and as part of an adjoining or future connecting townwide open
and linear pathway system.
F. The character of the neighborhood in which the PUD is being proposed, including
the safeguards provided to minimize possible detrimental effects of the proposed
use on adjacent properties and the neighborhood in general.
G. The height and mass of buildings and their relation to other structures in the
vicinity.
H. Potential impacts on local government services.
I. Potential impacts on environmental resources including wetlands, surface water,
floodplains, and plant and wildlife communities.
I The general ability of the land to support the development,including such factors as
slope,depth to bedrock, depth to water table and soil type.
K. Other factors as may be deemed appropriate by the Town Board.
(173)
Qu—bury Zoning Ordinance
Adopted Apri11,2002
§ 179-12-M Common Property in the Planned Unit Development
Common property in a Planned Unit Development is a parcel or parcels of land, together
with the improvements thereon,the use and enjoyment of which are shared by the owners
and occupants of the individual building sites. Common property shall be allowed within
a PUD and may include private streets, drives, services, parking areas, and recreational
and open space areas.
The ownership of land dedicated for park, recreation or open space use shall be
determined by the property owner or applicant. The person or entity having the right of
ownership shall be responsible for its proper maintenance and continued upkeep.
Ownership shall be with one of the following: the town: another public jurisdiction or
agency subject to their acceptance; a private, nonprofit organization incorporated with a
purpose consistent with the use and management requirements of the dedicated land;
shared, common interest by all property owners in a subdivision; a homeowner,
condominium or cooperative association or organization; or private ownership
encumbered by a conservation easement pursuant to Section 247 of General Municipal
Law or Sections 49-0301 through 49-0311 of Environmental Conservation Law. When
common property exists in private ownership, satisfactory arrangements must be made
for the improvement, operation and maintenance of such common property and facilities,
including private streets, drives, services, and parking areas and recreational and open
space areas.
§ 179-12-050 Applications and Zoning Approvals
Whenever any Planned Unit Development is proposed,before any permit for the erection
of a permanent building in such planned unit development shall be granted and before
any subdivision plat of any part thereof may be filed in the office of the Warren County
Cleric,the developer or his authorized agent shall apply for and secure approval of such
planned unit development in accordance with the following procedures:
l. Submit sketch plan to the Town Board for consideration and at the discretion
of the Town Board,referral to the Planning Board.
2. Planning Board review of rezoning referral and sketch plan.
3. Town Board conducts a public hearing on rezoning.
4. Upon approval of rezoning,review project elements for subdivision or site
plan approvals.
C. Application for Sketch Plan Approval.
1. Sketch Plan Drawing. In order to allow the Town Board and the developer to
reach an understanding on basic design requirements prior to detailed design
investment, the developer shall submit an application of his proposal to the
Town Board. The Town Board, at its next regularly scheduled meeting,may, if
it determines that the proposal merits review, refer the application to the
(174)
Queensbury Zoning Ordinance
Adopted April 1.2002
Planning Board for review and recommendation. The date of Planning Board
receipt of the application shall be the next regular meeting of the Planning
Board. If the Town Board determines that the proposal does not merit review
because it does not meet the objectives of this Article, it shall not refer the
application to the Planning Board and no further action on the application shall
be taken. The application shall include a sketch plan drawn to scale, though it
need not be to the precision of a finished engineering drawing and it shall
clearly show the following information.
a. The location of the various uses and their areas.
b. The general outlines of the interior roadways system and all existing right-
of-way and easements,whether public or private.
c. Delineation of the various residential areas, indicating for each such area its
general extent, size and composition in terms of total number of dwelling
units, approximate percentage allocation by dwelling unit type (i.e., single
family detached, duplex, townhouse, garden apartments, high-rise) and
general description of the intended market structure (i.e., luxury, middle-
income, moderate income, elderly units, family units, etc.), plus a
calculation of the residential density in dwelling units per gross acre (total
area including interior roadways) for such area, and a calculation of total
permeable area.
d. The interior open space system. Only usable land shall be considered for
such purposes.
e. The overall drainage system.
f. If grades exceed three percent (31/o) or portions of the site have a moderate
to high susceptibility to erosion or a moderate to high susceptibility to
flooding and ponding, a topographic map showing contour intervals of not
more than five (5) feet of elevation, along with an overlay outlining the
above susceptible soil areas, if any. If grades are less than three percent
(30/o),the topographic map may be at ten(10)foot contour intervals.
g. Principal ties to the community at large with respect to transportation,water
supply and sewage disposal.
h. General description of the provisions of other community facilities, such as
schools, fire protection services and cultural facilities, if any, and some
indication of how these needs are proposed to be accommodated.
i. A location map showing uses and ownership of abutting lands.
j. A long form environmental assessment form.
2. Additional Sketch Plan Documentation. In addition, the following
documentation shall accompany the sketch plan:
a. Evidence of how the developer's particular mix of land uses meets existing
community demands.
b. A general statement as to how common open space is to be owned and
maintained.
c. If the development is to be staged, a general indication of how the staging is
to proceed. Whether or not the development is to be staged,the sketch plan
of this section shall show the intended total project.
(175)
Quembury Zoning Ordinance
Adopted April 1,2002
d. How the plan is in conformance with the Town's Comprehensive Plan.
e. Evidence of the applicant's physical and financial competence to carry out
the plan and his awareness of the scope of such a project.
f. A draft zoning ordinance amendment applicable to the project for review by
the Town Board. The draft shall identify all amendments to the ordinance
required by the PUD.
g. A fiscal impact analysis identifying projected short and long term impacts
on municipal and school district budgets.
3. After receipt of all required information, as determined by the Planning Board,
the Planning Board shall hold a public hearing in accordance with the hearing
requirements of Section 179-16-080 of this ordinance and shall render either a
favorable or an unfavorable report to the Town Board within 60 days of the
closing of the public hearing.
4. In reviewing the sketch plan the Planning Board may call upon the County
Planning Department and any other public or private agencies or consultants
that the Board feels are necessary to provide a sound review of the proposal.
5. A favorable report shall include a recommendation to the Town Board that a
public hearing be held for the purpose of considering planned unit development
districting. It shall be based on the following findings,which shall be included
as part of this report.
a. That the proposal meets the intent and objectives of planned unit
development,as expressed in this Article.
b. That the proposal meets all the general requirements in this Article.
c. That the proposal is conceptually sound in that it meets a community need
and it conforms to accepted design principals in the proposed functional
roadway system, land use configuration, open space system, drainage
system and scale of the elements,both absolutely and to one another.
d. That there are adequate services and utilities available or proposed to be
made available in the construction of the development.
6. An unfavorable report shall state clearly the reasons therefore, and if
appropriate, point out to the applicant what might be necessary in order to
receive a favorable report. The applicant may, within ten (10) days after
receiving an unfavorable report, file an application for planned unit
development districting with the Town Board. The Town Board may then
determine, on its own initiative, whether or not it wished to call a public
hearing. If the Town Board determines not to hold a hearing, no further action
shall be taken and the application shall be considered denied.
7. The Chairman of the Planning Board shall certify when all of the necessary
application material has been presented, and the Planning Board shall submit its
report within sixty (60) days of such certification. If qo report has been
rendered after sixty (60) days, the applicant may proceed as if an unfavorable
report were given to him.
C.Application for Planned Unit Development Districting.
(176)
Queembury Zoning Ordinance
Adopted April 1.2002
1. Upon receipt of a favorable report from the Planning Board or upon its own
determination subsequent to an appeal from an unfavorable report, the Town
Board shall set a date for and conduct a public hearing for the purpose of
considering planned unit development districting for the applicant's plan, in
accordance with the procedures established by the Town Board for holding
meetings, said public hearing to be conducted within forty-five (45) days of the
receipt of the favorable report or the decision on appeal from an unfavorable
report.
2. The Town Board shall refer the application to the Warren County Planning
Board for its analysis and recommendations, and the Town Board shall also
refer the application to such other agencies or consultants it deems appropriate.
3. Within thirty(30)days following receipt of the report from the County Planning
Board,the Town Board shall render its decision on the application.
D.. Zoning for Planned Unit Development
If the Town Board grants the planned unit development districting,the Zoning Map shall
be so noted. The Town Board may, if it feels it necessary in order to fully protect the
public health, safety and welfare of the community, attach to its zoning resolution any
additional conditions or requirements for the applicant to meet. Such requirements may
include, but are not confined to,visual and acoustical screening,land use mixes, order of
construction and/or occupancy, circulation systems, both vehicular and pedestrian,
availability of sites within the area for necessary public services such as schools,
firehouses, and libraries, protection of natural and/or historic sites and other physical or
social demands. Proposed density of the PUD shall be subject to §179-12-020 (C) and
(D)of this Article.
E.. Site Plan and Subdivision Approvals
Subsequent to obtaining any rezoning under this article, individual project elements shall
be subject to subdivision or site plan approvals, as applicable. The procedure for such
approvals shall be as specified in Article 9, Site Plan Review, of this ordinance for site
plan approvals and in the Town of Queensbury Subdivision Regulations for subdivision
approvals. Do to the intent of PUDs and, their flexible, yet cohesive, nature the
subdivision and site plan approval process may take place simultaneously. Where
procedures are in conflict,the more restrictive process will apply.
§ 179-12-060 Changes in Plan
If it becomes apparent in the subdivision and/or site plan review process that certain
elements of the sketch plan, as approved by the Town Board, are not feasible and need
significant modification, the applicant shall present solutions to the Planning Board to
address the PUD subdivision and/or site plans, in accordance with all of the above
procedures.The Planning Board shall then determine whether or not the modified plan is
still in keeping with the intent of the local law creating the PUD. If a negative decision is
reached, the site plan shall be considered disapproved. The applicant may then produce
(177)
Quembi"Zoning Ordinance
Adopted Aprdl I,2002
another site plan in accordance with the approved PUD plan. If an affirmative decision is
reached, the Planning Board shall so notify the Town Board stating all of the particulars
of the matter and its reason for feeling the project should be continued as modified.
Preliminary site plan approval may then be given only with the consent of the Town
Board.
§ 179-12-070 Staging
If the applicant wishes to stage his development, or if the Town Board wishes to require
that development be staged, he may then submit only those stages for site plan review
and/or subdivision approval per the approved staging plan. Any plan anticipated to
require more than 24 months to be completed shall be required to be staged, and a staging
plan must be developed. The zoning enforcement officer may withhold the issuance of
building permits if the approved staging plan is not being followed.
§ 179-12-080 No Construction Until Requirements Met
No building permits shall be issued for construction within a Planned Unit Development
District until improvements are installed or financial security is posted in accordance with
the procedures of Section 179-12-090 of this ordinance and/or the Town of Queensbury
Subdivision Regulations. Construction may also not occur until such other requirements
and conditions as established by the Town Board and Planning Board have been met.
§ 179-12-090 Financial Security
The Planning Board or Town Board may require the posting of financial security in the
form of bond,letter or credit or other instrument in order to ensure that improvements are
carried out as specified in the plans and approvals. The Boards shall follow the
procedures in the Town of Queensbury Subdivision Regulations for such bonds.
§ 179-12-100 Expiration
If no evidence of progressive activity has occurred within one year of the date of the
adoption of the PUD or upon expiration of any extension of time for starting development
granted by the Town Board, the approved plan shall become null and void, and the
zoning shall revert to its designation prior to approval of the PUD.
§ 179-12-110 Filing
All Planning Board decisions shall be filed with the Town Board, and tie Town Board
shall file all decisions with the Planning Board.
§ 179-12-120 Fees
Fees for Planned Unit Developments shall be changed in accordance with a schedule as
determined by the Town Board.
(178)
Queensbury Zoning Ordinance
Adopted April/.2002
ARTICLE 13 Nonconforming Uses Structures and Lots
§ 179-13-010 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:
A. A single-family dwelling or mobile home may be enlarged or rebuilt as follows:
1. All setback provisions of this chapter shall be met;and
2. No enlargement or rebuilding shall exceed an aggregate of 50% of the gross
floor area of such single-family dwelling or mobile home immediately prior to
the commencement of the first enlargement or rebuilding.
B. In no case shall any increase or expansion violate or increase noncompliance with
the minimum setback requirements of the shoreline restrictions.
C. This Article shall not be construed to permit any unsafe use or structure or to affect
all proper procedures to regulate or prohibit the unsafe use or structure.
D. Except as cited in Subsection A above, any nonconforming use may be increased
only by variance granted by the Zoning Board of Appeals.
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.
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 approval shall not be required for enlargement or extension of existing decks
or porches in said critical environmental areas.
§ 179-13-020 Discontinuance
If a nonconforming use is discontinued for a period of 18 consecutive months,further use
of the property shall conform to this chapter or be subject to review by, the Zoning Board
of Appeals.
(179)
Queensbury Zoning Ordinance
Adopted April!,2002
§ 179-13-030 Change in Use
If a nonconforming use is replaced by another use,such use shall conform to this chapter.
§ 179-13-040 Completion of Structures
Nothing contained in this chapter shall require any change in plans, construction,
alteration or designated use of a structure for which all preconstruction approvals have
been given prior to the adoption of this chapter.
§ 179-13-050 Destruction
A. Area nonconformity. Any structure which is nonconforming due to a setback
violation or, in the case of multifamily housing, due to greater intensity then would
be allowed by this chapter,which is destroyed wholly or in part by fire,flood,wind,
hurricane, tornado or other act beyond the control of man shall be allowed to
reconstruct according to its original dimension and intensity within 18 months of
said destruction.
B. Use nonconformity. Any structure which is a nonconforming use according to the
provisions of this chapter which is destroyed by fire,flood,wind,hurricane,tornado
or other act beyond the control of man,to the extent of 50%of the assessed value of
the structure or more, must be replaced within 18 months of the destructive
incident. If within the eighteen-month period, the structure containing the
nonconforming use is not rebuilt, the nonconforming use shall not be reestablished,
and the property shall only be used for a conforming use.
§ 179-13-060(Reserved)
(180)
Queembury Zoning Ordinance
Adopted April 1,2002
ARTICLE 14 Variances
§ 179-14-010 Purpose
The purpose of this Article is to provide for variances from this chapter in cases where
the strict application thereof would result in practical difficulties or unnecessary
hardships inconsistent with the general purpose and objectives of this chapter.
§ 179-14-020 Authorization to Grant or Deny
Any variance to this chapter shall be granted by the Zoning Board of Appeals in
accordance with the standards and procedures set forth in this Article. In granting a
variance, the Zoning Board of Appeals may impose conditions similar to those provided
for site plan review usage to protect the best interests of the surrounding property, the
neighborhood and the town as a whole.
§ 179-14-030 Application for Variance
Variances may be instituted by filing an application with the Zoning Board of Appeals,
using forms supplied by the Board, which shall include all information reasonably
considered by the Board as necessary to make its findings under § 179-14-080 below,
supplied by the applicant and including a legal description of the property, a map
showing the property and all properties within a radius of 500 feet of the exterior
boundaries thereof plans and elevations necessary to show the proposed variance and
other drawings or information reasonably considered necessary by the Board of Appeals
to an understanding of the proposed use and its relationship to surrounding properties.
§ 179-14-040 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§§ 267-
a and 267-b of the Town Law of the State of New York.
§ 179-14-050 Referrals
A. The Zoning Board of Appeals, at its discretion, may refer any completed variance
application to the Planning Board for its report and recommendation when it is
determined that fiuther planning concept review is needed regarding said
application and, where required by § 239-m of the General Municipal Law, to the
county planning agency having jurisdiction for its report and recommendation. In
no case shall final action be taken until said Planning Board, when requested, and
county planning agency, if appropriate,have submitted their reports or until 30 days
have passed since the date of the referral,whichever occurs first.
(181)
¢reensbury Zoning Ordinance
Adopted April 1,2002
B. In the case of any variance application involving land, buildings or structures
located within the Adirondack Park in any land use area except a hamlet, or any
variance involving the shoreline restrictions, the Zoning Board of Appeals shall
submit a copy of the application to the Adirondack Park Agency,together with such
pertinent information as the Agency shall reasonably deem necessary.
§ 179-14-060 Review of Application by Other Agencies.
A. Any variance application, site plan review or zoning change application within the
following thresholds shall be referred to the Warren County Planning Board for its
review and comment:
1. Within 500 feet of the town boundary.
2. Within 500 feet of an existing or proposed county or state park or recreation
area, right-of-way, parkway, throughway, road or highway, stream, drainage
channel or easement or public building or institution.
B. Within 30 days after receipt of a full statement of such referred matter, the Warren
County Planning Board shall report its recommendations to the referring town
body. If the county fails to report within 30 days, the town body may act without
such report. If the county disapproves the proposal or recommends modification
thereof, the town body having jurisdiction shall not act contrary to such disapproval
of recommendation except by a vote of a majority plus one of all members thereof,
and after the adoption of a resolution, fully setting forth the reasons of such contrary
action.
C. Within seven days after final action by the town body, a report of said final action
shall be filed with the Warren County Planning Board.
§ 179-14-070 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 §§
267-a and 267-b.
B. Appeals from a Zoning Board of Appeals decision may be taken as allowed by
Town Law §267-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 nwits 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 30 days after such
(182)
Queensbury Zoning Ordinance
Adopted April 1,2002
notice to the Agency. If, within such thirty-day period, the Agency determines that
such variance involves the provisions of the APA Land Use and Development Plan
as approved in the local land use 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.
§ 179-14-080 Criteria
A. Area Variance. In making its determination whether to grant an area variance, the
zoning board of appeals shall take into consideration the benefit to the applicant if
the variance is granted, as weighed against the detriment to the health, safety and
welfare of the neighborhood or community by such grant. In making such
determination the board shall also consider.
1. Whether an undesirable change will be produced in the character of the
neighborhood or a detriment to nearby properties will be created by the granting
of the area variance.
2. Whether the benefit sought by the applicant can be achieved by some method,
feasible for the applicant to pursue,other than an area variance.
3. Whether the requested area variance is substantial
4. Whether the proposed variance will have an adverse effect or impact on the
physical or environmental conditions in the neighborhood or district; and
5. Whether the alleged difficulty was self-created, which consideration shall be
relevant to the decision of the board of appeals, but shall not necessarily
preclude the granting of the area variance.
The Board of Appeals, in granting of area variances, shall grant the minimum
variance that it shall deem necessary and adequate to address the unnecessary
hardship proven by the applicant, and at the same time preserve and protect the
character of the neighborhood and the health,safety and welfare of the community.
B. Use Variance. No such use variance shall be granted by a board of appeals without
a showing by the applicant that applicable zoning regulations and restrictions have
caused unnecessary hardship. In order to prove such unnecessary hardship the
applicant shall demonstrate to the board of appeals that for each and every
permitted use under the zoning regulations for the particular district where the
property is located:
1. The applicant cannot realize a reasonable return, provided that lack of return is
substantial as demonstrated by competent financial evidence;
2. That the alleged hardship relating to the property in question is unique,and does
not apply to a substantial portion of the district or neighborhood;
3. That the requested use variance, if granted, will not alter the essential character
of the neighborhood; and
4. That the alleged hardship has not been self-created.
(183)
Que—bury Zoning Ordinance
Adopted April 1.2002
The Board of Appeals, in granting of use variances, shall grant the minimum variance
that it shall deem necessary and adequate to address the unnecessary hardship proven by
the applicant,and at the same time preserve and protect the character of the neighborhood
and the health,safety and welfare of the community.
C. APA Regulations. Any variance which involves the provisions of the Adirondack
Park Land Use and development Plan shall be in conformance with Section 806, 807, and
808 of the Adirondack Park Agency Act.
§ 179-14-090 Expiration of Variance
Unless otherwise specified or extended by the Zoning Board of Appeals,decision on any
request for a variance shall expire if the applicant fails to undertake the proposed action
or project, to obtain any necessary building permit to construct any proposed new
building(s) or change any existing building(s) or to comply with the conditions of said
authorization within one year from the filing date of such decision thereof.
(184)
Queensbury Zoning Ordbrime
Adopted April 1,2002
ARTICLE 15 Amendments
§ 179-15-010 Purpose
The purpose of this Article is to allow for amendment to this chapter, whenever the
public necessity and convenience and the general welfare require such amendment, by
following the procedure of this Article.
§ 179-15-020 Referrals
When directed by the Town Board, the Town Clerk shall submit a copy of the proposed
amendment to the Adirondack Park Agency for a determination as to whether the
proposed amendment is subject to Agency approval under Section 807 of the Adirondack
Park Agency Act; the Town Clerk shall simultaneously refer such proposed amendment
to the Planning Board and, where required by § 239-m of the General Municipal Law, to
the county planning agency having jurisdiction, for the report and recommendations by
those bodies to the Town Board.
§ 179-15-030 Public Hearing;Decision
The procedure as to notice of public hearing, public hearing on and enactment of a
proposed amendment shall follow and be governed by§ 265 of the Town Law and §239-
m of the General Municipal Law,including all subsequent amendments thereto.Notice of
the decision of the Town Board shall be sent promptly to the Adirondack Park Agency.
§ 179-15-040 Records of Amendments
The Zoning Administrator and the Town Clerk shall each maintain records of
amendments to the text of this chapter and of the Official Zoning Map and Park Plan
Map.
§ 179-15-050 Notice
Copies of amendments shall be provided to the Planning Board and Zoning Board
members and town departments affected by the amendments. Amendments shall be
published in the newspaper of record within five days of approval of any amendments.
(185)
Quee-bury Zoning Or&nance
Adopted April 1.2002
ARTICLE 16 Administration
§ 179-16-010 Zoning Administrator
The Zoning Administrator shall have the power and duty to administer and enforce the
provisions of this chapter. Specifically, the Zoning Administrator shall have the
following powers and duties
A. Interpret the ordinance, unless such interpretation is overturned by the Zoning Board
of Appeals.
B.Determine the completeness of all applications submitted under this ordinance.
C. Enforce the conditions of any variance,site plan review or special use permit.
D. Enforce the specific provisions of this ordinance.
E.Administer the specific provisions of this ordinance.
The Zoning Administrator shall be appointed and may be removed at the pleasure of the
Town Board.
§ 179-16-020 Planning Board
Pursuant to § 271 of Town Law, the Town of Queensbury has created a Planning Board.
Said Board consists of seven members appointed by the Town Board in such manner and
for such terms as provided in the Town Law. The Planning Board shall have all the
powers and perform all the duties prescribed by statute and by this chapter. The Planning
Board shall have original jurisdiction for all matters pertaining to this chapter pursuant to
§ 274-a of the Town Law(site plan review). Pursuant to §271-15 of Town Law,alternate
members may be established for the Planning Board.
§ 179-16-030 Zoning Board of Appeals
Pursuant to § 267 of the Town Law,the Town of Queensbury has created a Zoning Board
of Appeals consisting of seven members appointed by the Town Board in such manner
and for such term as provided in the Town Law. The Zoning Board of Appeals shall have
all the powers and perform all the duties prescribed by statute and by this chapter. The
Zoning Board of Appeals shall have appellate jurisdiction for all maatters pertaining to
this chapter. Pursuant to the procedures described in §267-11 of Town Law, alternate
members may be established for the Zoning Board of Appeals.. See Article 14,
Variances.
(186)
Quemvhury Zoning Ordinance
Adopted April 1,2002
§ 179-16-040 Required Records
The original or a certified copy of all decisions, approvals, rulings and findings of any
Board under this chapter, and of all permits and certificates issued under this Article shall
be maintained by the Zoning Administrator and retained as a permanent town public
record. Tape recordings of any Board proceedings shall be kept by the Town Clerk for a
period of not less than three years from the date of such meeting.
§ 179-16-050 Appeals
An appeal from an action, decision or rule by the Zoning Administrator regarding a
requirement of this chapter may be made only to the Zoning Board of Appeals within 60
days of such decision or action.An action, decision or ruling of the Planning Board or
Zoning Board of Appeals pursuant to this chapter may be reviewed at the instance of any
aggrieved person in accordance with Article 78 of the Civil Practice Law and Rules,but
application for such review must be made not later than 30 days from the effective date of
the decision or ruling or the date when the action or omission occurred,whichever comes
later.
§ 179-16-060 Petition,Application and Appeal Forms
Unless otherwise stated, all petitions, applications and appeals provided for in this
chapter shall be made on forms prescribed by the Planning Board or Zoning Board of
Appeals. Completed forms shall be accompanied by whatever further information, plans
or specifications as may be required by such forms.
§ 179-16-070 Fees
A. Fees provided for by this chapter shall be paid upon the submission of petitions,
applications and appeals, in such amount or amounts as shall be established by the
Town Board from time to time and which are incorporated into this ordinance by
reference. Said fees will be posted in the Building Department on the official
Schedule of Fees for the Town of Queensbury. The following actions will require
fees and this list is not necessarily all-inclusive:
1. Building permit.
2. Certificate of occupancy.
3. Site plan review.
4. Special use permit.
5. PUD application.
6. Zoning variance application.
7. Subdivision application
(187)
Queensbery Zoning Ordinance
Adopted April 1,2002
B. Payment of Fees
1. All fees shall be paid, at the time of application, to a representative or
department designated by the Town Board.
2. No fee shall be allowed to be substituted for any other required fee.
§ 179-16-080 Notice of Public Hearing
A. Each notice of hearing upon an application for site plan or special use permit review
or for PUD districting or for the review of a variance application, or upon an appeal
to the Zoning Board of Appeals from an action of the Zoning Administrator, shall
be published once in the official newspaper of the town at least five days prior to
the date of the hearing. In addition, at least five days prior to the date of the hearing,
notices shall be mailed to all owners of the property within 500 feet of the exterior
boundary of the property for which the application is made, as may be determined
by the latest assessment records of the town.
B. In the case of a subdivision, the applicant shall notify all owners identified above
and shall show proof of such notification or attempt at notification. In the case of
site plan review, variances and other appeals to the Zoning Board of Appeals, the
town shall be responsible for such notification.
§ 179-16-090 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, nor shall
the use of a building or structure be changed 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 noncompliance with
the zoning ordinance thereon. In the event that a building permit is not needed, the
forms for use of the Zoning Administrator shall be approved by Town Board
resolution.
§ 179-16-100 Criteria for Zoning Permits; Expiration
A. Criteria for issuance of zoning permit. The Zoning 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,
(188)
Queensbury Zoning Ordinance
Adopted April 1.2002
unless an area variance has been granted pursuant to Article 14, Variances,
hereof.
3. The new land use or development has received site plan or special use permit
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.
4. If it is a nonpermissible use, a use variance has been granted pursuant to the
terms of Article 14, Variances hereof and, if such grant was subject to
conditions to be met prior to the granting of a permit, all such conditions have
been met.
5. If it is a sign,such sign complies with the provisions of Chapter 140,Signs.
6. If it is a home occupation,it complies with the provisions of§ 179-50-090.
B. Expiration of zoning permits. If a project for which a permit has been issued is not
under construction within 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 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.
C. Change in Use. When a structure,building or parcel changes in use,the owner shall
be responsible for applying for a new zoning permit. The Zoning Administrator
shall review any change in use to ensure that the requirements of this Chapter are
met. See § 179-4-040 for provisions affecting the parking requirements for changes
in use.
§ 179-16-110 (Reserved)
§ 179-16-120 Site Inspections
The filing of an application for Regional Project approval under Article 18, APA and
Regional Project Review, hereof and an application for a variance under Article 14,
Variances, hereof and an application for site plan or special use permit approval under
Articles 9 and 10 hereof or an application for a building permit under Article 16,
Administration, hereof by a person shall be deemed a granting of approval by such
person to the Planning Board, the Zoning Board of Appeals and the Zoning
Administrator, and to such persons as they may designate, to conduct such examinations,
tests and other inspections of the sites which are the subjects of such applicants, as the
body or officer having jurisdiction deems necessary and appropriate for the purposes of
this chapter.
(189)
Queensbmy Zoning finance
Adopted April 1.2002
ARTICLE 17 Enforcement
§ 179-17-010 Penalties for Offenses
Any person owning, controlling or managing any building, structure, land or premises
wherein or whereon there shall be placed on or there exists or is practiced or maintained
anything or any use in violation of any of the provisions of this chapter shall be guilty of
an offense and subject to fines or imprisonment as follows: for the first offense, a fine not
exceeding $350 or six months' imprisonment, or both; for the second offense if within
five years of the first offense, a fine not less than $350 nor more than $700 or up to six
months' imprisonment, or both; for the third offense or subsequent offense if within five
years of the first and second offenses, a fine not less than$700 or more than$1,000 or up
to six months'imprisonment,or both. Such fines shall be recovered by the town in a civil
action. Every such person shall be deemed guilty of a separate offense for each week
such violation, disobedience, omission, neglect or refusal shall continue. Where the
person committing such violation is a partnership, association or corporation, the
principal executive officer, partner, agent or manager may be considered to be the
"person" for the purpose of this Article.
§ 179-17-020 Alternative Remedies
In case of any violation or threatened violation of any of the provisions of this chapter, or
conditions imposed by a building permit in addition to her remedies herein provided,the
town may institute any appropriate action or proceedings to prevent such unlawful
erection, structural alteration, reconstruction, occupancy, moving and/or use, to restrain,
correct or abate such violation, to prevent the occupancy of such building, structure or
land or to prevent any illegal act, conduct,business or use in or about such premises.
§ 179-17-030 Stop-work Orders
A. The Town Board for the Town of Queensbury herein grants the Zoning
Administrator the administrative responsibility of immediately terminating any
actions which are in violation of this ordinance by posting a stop-work order on the
premises wherein the violation has occurred.
B. The stop-work order shall serve notice to the owner, builder, developer, agent
and/or any other individual or business on the premises that all such actions
specified on the stop-work order must be terminated immediately.
C. Relief from the stop-work order can be realized as follows:
1. If all provisions of this chapter, together with other conditions specified by the
Zoning Administrator, are met, then the Town Board may authorize the
termination of the stop-work order.
(190)
Queensbury Zoning Ordinance
Adopted April 1,2002
2. Except for cases involving site plan review, if a variance is granted by the
Zoning Board of Appeals permitting the violations specified on the stop-work
order to continue henceforth as allowable,said administrative decision shall also
specify the conditions for the termination of the stop-work order.
§ 179-17-040 Misrepresentation
Any permit or approval granted under this chapter which is based upon or is granted in
reliance upon any material misrepresentation, or failure to make a material fact or
circumstance known, by or on behalf of an applicant shall be void. This section shall not
be construed to affect the remedies available to the town elsewhere in this Article.
§ 179-17-050 Complaints
Whenever a violation of this chapter occurs, any person may file a complaint in regard
thereto. All such complaints shall be filed with the Zoning Administrator, who may
require such complaint to be in writing. The Zoning Administrator shall have the
complaint properly investigated and report thereon to the governing body
e
(191)
Q—bury Zoning Ordinance
Adopted April I,2002
ARTICLE 18 APA and Regional Project Review
§ 179-18-010 Purpose
The purpose of this Article is to further the general purposes, policies and objectives of
this chapter and the Adirondack Park Agency Act by setting forth the criteria for review
of Class A Regional Projects by the Adirondack Park Agency. (Class A projects are
defined in Appendix A.)
A. No person shall undertake a Class A Regional Project unless and until the Agency
shall have reviewed and approved, or approved subject to conditions, such project
and has issued an Agency permit with respect thereto, pursuant to the terms of the
Adirondack Park Agency Act and the pertinent Agency rules and regulations.
B. If a site plan review project is also a Class A Regional Project or Class A Regional
Subdivision, the project will be deemed to be a Class A Regional Project or Class
Regional A Subdivision in its entirety.
§ 179-18-020 Criteria for Review of Class A Regional Projects
A. The Adirondack Park Agency shall have jurisdiction to review and approve,
approve subject to conditions or disapprove all Class A Regional Projects proposed
to be located within the territory of the town, pursuant to and in accordance with
Section 809, Subdivision 9, of the Adirondack Park Agency Act, the applicable
Agency rules and regulations and the criteria hereinafter set forth. ,
B. The Adirondack Park Agency shall not approve a Class A Regional Project unless it
first determines, after consultation with the Planning Board and receipt of the
advisory recommendations of the Planning Board relative to the project, that the
project would comply with all provisions of this chapter, including those contained
in Articles 4, Schedule of Regulations, 9, Site Plan Review and 10, Special Use
Permits hereof, and of such other ordinances and regulations as shall be components
of the Town Land Use Plan.
C. In making the determination required by Section 809, Subdivision 9, of the
Adirondack Park Agency Act as to the impact of a proposed Class A Regional
Project upon the resources of the Adirondack Park,including the ability of all levels
of government to provide supporting facilities and services made necessary by the
project,the Agency shall consider those factors pertinent to the project contained in
the development considerations set forth in § 179-9-080 in relation to the
development objectives and general guidelines set forth in Appendix C of this
chapter.
D. Notwithstanding the fact that Class A Regional Project approval may have been
granted by the Adirondack Park Agency after a finding by that body that the project
(192)
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Adopted April 1,2002
would comply with all provisions of this chapter, it must be recognized that
reasonable bodies may differ. Therefore,where the Town Planning Board finds that
the project would have an undue adverse impact upon the natural, scenic, aesthetic,
ecological, wildlife, historic, recreational or open space resources of the town or
upon the ability of the town to provide supporting facilities and services made
necessary by the project, taking into account the commercial,industrial,residential,
recreational or other benefits that might be derived from the project, or that the
project would otherwise not be approvable under this chapter, the Board may
disapprove the project, irrespective of any Agency approval. In such case, the
reasons for Planning Board disapproval shall be specified in writing.
§ 179-18-030 Planning Board Authority Regarding Class A Regional Projects.
A. The Planning Board is hereby designated to consult with the Adirondack Park
Agency with regard to Agency review of Class A Regional Projects.
B. As soon as reasonably practicable following receipt by the Planning Board from the
Adirondack Park Agency of notice of application completion with regard to a Class
A Regional Project, the Planning Board or one or more designees thereof shall
consult with the Agency for the purpose of analyzing the project application and
formulating advisory recommendations as to whether the project meets all of the
pertinent requirements and conditions of the Town Land Use Plan.
C. Not later than 30 days following receipt by the Planning Board from the Agency of
notice of application completion with regard to a Class A Regional Project, the
Planning Board shall notify the Agency whether the project meets the pertinent
requirements of the Town Land Use Plan.
§ 179-18-040 Class A Regional Projects
Refer to the appendices for a list of Class A Regional Projects.
§ 179-18-050 Class B Regional Projects
Refer to the appendices for a list of Class B Regional Projects.
§ 179-18-060 Regional Project Review Criteria
Refer to the appendices for a list of the Regional Project review criteria.
J
(193)
Queensbury Zoning O,dhonce
Adopted Apri11,2002
ARTICLE 19 ACCESS MANAGEMENT
§179-19-010 Commercial Driveway Standards
A. Purpose. The Town of Queensbury recognizes that one of the most important
objectives of access management is to reduce conflicts along the most heavily traveled
roadways to achieve safe and efficient movement of traffic. Conflict points can be
reduced through appropriate limitations on the number of driveways, driveway spacing,
and by establishing provisions for vehicles to move between parking areas to access
abutting properties.
B. General
1. The site layout, location and design of driveways, parking, and other access
management requirements should be based on full permissible development of a
property.
2. Driveways should be limited to one per property. More than one driveway may
be permitted if:
a. the additional driveway(s) does not degrade traffic operations and
safety on State or local roads;and
b. the additional driveway(s) will improve the safe and efficient
movement of traffic between the property and the road.
3. Driveways to properties with frontage on two or more roads shall be provided to
the road with the lowest functional classification serving the proposed use of the
Property
4. Properties with frontage on two or more roads do not have the right to
driveways to all roads.
5. Driveways may be required to be located so as to provide shared driveways
and/or cross access driveways with an abutting property or properties.
a. Shared driveways and/or cross access driveways shall be of sufficient
width (minimum 20 feet, 6.0 meters) to accommodate two way travel
for automobiles and service and loading vehicles. Wider driveways
may be required to serve traffic to major generators and/or large
vehicles.
b. Shared driveways, cross access driveway, interconnected parking, and
private roads constructed to provide access to properties internal to a
subdivision shall be recorded as an easement and, shall constitute a
covenant running with the land. Operating and maintenance
agreements for these facilities shall be recorded with the deed.
(194)
Queensbury Zoning Ordinance
Adopted April 1,2002
C. Driveway Spacing Standards.
a. Driveway spacing standards shall apply to driveways located on the same side
of a road.
b. Driveway spacing is to be measured along the road from the closest edge or
curb line of the driveway pavement to the closest edge or curbline of the next
driveway.
C. Driveways shall be located so as to meet or exceed the driveway spacing
standards shown in the chart below:
Development Size in Peak Hour Trips,PHT
Road Classification Small Moderate Large
0-100 PHT 101-300 PHT >300 PHT
Arterial 330 feet 440 feet 550 feet
Collector 220 feet 330 feet 440 feet
Access or 60 percent of the minimum frontage requirement
Development .
i. PHT, Peak Hour Trips, will be determined through
the application of the most current Institute of
Transportation Engineers (ITE) Trip Generation
methods and statistics.
ii. PHT, Peak Hour Trips, should be based on full
build-out of the property.
iii. The larger of the minimum driveway spacing
standards for the proposed development or for
existing developments at abutting properties will
apply. Driveways for in-fill development must
meet the driveway spacing standards to abutting
properties on both sides.
iv. The Planning Board may waive the separation
standards in the event the applicant can demonstrate
that no negative impact on the transportation system
will result in the relaxing of this standard and the
applicant has provided for future consolidation of
curbcuts and cross-easments consistent with the
intent of these regulations.
D. Other Guidance
The Planning Board shall utilize the NYSDOT Policy and Standards for Entrances to
State Highways (February 1998) or its most current version as a guide in establishing
other criteria for commercial development.
(195)
Quembwy Zoning Ordinance
Adopted Agri!4 2002
§ 179-19-020 Residential Lots Abutting Collector or Arterial Roads
A. Purpose. The Town of Queensbury realizes that unrestricted access onto arterial and
collector roads can hinder the safe and efficient movement of traffic. Subdivisions,
especially small subdivisions, have tended to provide direct access onto these
roadways from each single-family lot. Lots fronting on local roads rather than
arterials or collector roads shall be encouraged, whole lots fronting on collector or
arterial roads shall be discouraged.
B. Designated Roads. The following streets, roads and routes have been designated as
regional or local arterial roads or collector roads. Land fronting on these roads 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.
2. Local arterial roads:
a. West Mountain Road.
b. Mountain View Lane.
c. Aviation Road from West Mountain Road east to I-87.
d. Potter Road.
e. East Shore Drive.
f. Ridge Road from Route 149 north to East Shore Drive.
g. Ridge Road from Glens Falls north to Quaker Road.
h. Country Club Road.
i. County Line Road.
j. Highland Avenue.
k. Lower Warren Street.
1. River Street.
m. Hicks Road.
n. Glenwood Avenue.
o. Round Pond Road/Blind Rock Road.
p. Haviland Road.
3. Collector roads:
a. Pitcher Road.
b. Luzern Road.
c. Sherman Avenue.
d. Peggy Ann Road.
e. Dixon Road.
(196)
Queensbwy Zoning Ordinance
Adopted April],2002
f. Park View Avenue.
g. Cronin Road
h. Sweet Road.
i. Glen Lake Road.
j. Martindale Road.
k. Moon Hill Road
1. Sunny Side Road.
m. Sunny Side Road East.
n. Pickle Hill Road.
o. Van Dusen Road.
p. Richardson Street.
q. Meadowbrook Road.
r. Rockwell Road.
s. Gurney Lane Road.
t. Jenkinsville Road.
c. Pilot Knob Road.
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 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 the width of each lot
meets the required width of the zone and 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.
s
(197)
Queensbury Zoning Ordinance
Adopted April],2002
ARTICLE 20 General Exceptions
§ 179-20-010 General Exception to Minimum Lot Requirements
This Zoning Chapter 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 this chapter as it currently exists and as it existed
since October 1, 1988,as follows:
A. Any lot of record lawful 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 this chapter as
it exists on and after October 1, 1988 ("nonconforming lot of record"), will be
deemed as conforming to required area and/or minimum lot width requirements of
this chapter.
B. Development of any nonconforming lots of record which are located within
Planning Board approved subdivisions shall be considered as complying with the
setback requirements of this chapter if the setback requirements applicable at the
time the subdivision was approved are met.
C. Development of any nonconforming lots of record existing outside of subdivisions
shall comply with the setback requirements of this chapter unless the Zoning Board
of Appeals grants a variance.
D. Other than as set forth herein, nonconforming lots of record shall comply with all
other requirements of this chapter.
E. Development of nonconforming lots in a critical environmental area and/or the
Adirondack Park shall be in accordance with the minimum yard setback, lot width,
permeability and building height requirements as set forth by this chapter. 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.
§ 179-20-020 Exemption for Certain Property to be Purchased by the Town or Owned by
Certain Government Organizations
4
A. Notwithstanding all other provisions of this chapter, all property constituting less
than 100 acres for which the Town of Queensbury is under a valid, executed
contract to purchase shall be exempt from all provisions of this chapter, including
the subdivision regulations. Such exemption shall expire if said contract is
terminated prior to closing of title.
(198)
Queensbury Zoning Ordinance
Adopted April 1,2002
B. This exemption shall not apply to those transactions which result in the seller's
remaining adjacent property being in violation of the relevant area and/or setback
requirements of Article 4,Schedule of Regulations of this chapter.
C. This section shall not apply to any land division which constitutes a Class A or B
regional project under the Adirondack Park Agency Act or any action which
requires a permit under the Freshwater Wetlands Act or the Wild, Scenic or
Recreational Rivers System Act. In addition, all land uses and development which
are related to the jurisdictional subdivision or which are independently Class A or B
regional projects shall require a permit from the Adirondack Park Agency or the
town, respectively. In every case, the shoreline restrictions of this chapter shall
apply-
D. Projects initiated by Federal government, State government, State urban
development corporations and public schools may sometime be exempt from local
zoning regulations. Government immunity from zoning regulations is subject to
interpretation. Notice of development proposed by such entities is required so that
the Zoning Administrator/Code Enforcement Officer can make a formal
determination.
(199)
Queewbury Zoning Ordinance
Adopted April],2002
ARTICLE 21 Appendices
Terms used in this Appendix are defined in Section 802 of the Executive Law and the
regulations of the Adirondack Park Agency notwithstanding any inconsistent definition in
this chapter.
§ 179-21-010 Appendix A:APA Class A Regional Projects
This Appendix lists Class A Regional Projects for review by the Adirondack Park
Agency under § 810, Subdivision 1, of the Executive Law. This list does not include,
however, the various types of subdivisions classified as "Class A Regional Projects" by
the act; those subdivisions are reviewed as Class A Regional Subdivisions under the
Chapter A183, Subdivision of Land.
A. Hamlet Areas.
1. All land uses and development,except subdivisions of land,involving wetlands.
2. All land uses and development, except subdivisions of land, involving 100 or
more residential units, whether designed for permanent, seasonal or transient
use.
3. All structures in excess of 40 feet in height, except residential radio and
television antennas, and agricultural use structures. To determine Agency
jurisdiction, the height of a structure is measured as the vertical distance
between the highest point of the structure to the lowest point of finished or
natural grade.
4. Commercial or private airports.
5. Watershed management and flood control projects.
6. Any material increase or expansion of an existing land use or structure included
on this list that is 25% or more of the original size of such existing use of 25%
or more of the original square footage of such structure.
B. Moderate4ntensity use areas.
1. All land uses and development, except subdivision of land, located in the
following critical environmental areas:
a. Within 114 mile of rivers navigable by boat designated to be studied as wild,
scenic or recreational in accordance with the Environmental Conservation
Law during the period of such designation.
b. Involving wetlands.
c. At elevations of 2,500 feet or more.
d. Within 1/8 mile of tracts of forest preserve land or water now or hereafter
classified as "wilderness," "primitive" or "canoe" in the Master Plan for
Management of State Lands,except for an individual single-family dwelling
and accessory uses or structures thereto. Provided, however, that the above
shall not include forestry uses [other than clearcutting as specified in
Subsection B (8) below], agricultural uses, open space recreation uses,
(200) :1:T
QW—bury Zoning Ordinance
Adopted Ap V 1,2002
public utility uses and accessory uses or structures (other than signs)to any
such use or to any preexisting use.
2. All land uses and development, except subdivisions of land, involving 75 or
more residential units, whether designed for permanent, seasonal or transient
use.
3. Commercial or agricultural service uses involving 10,000 or more square feet of
floor space.
4. All structures in excess of 40 feet in height, except residential radio and
television antennas, and agricultural use structures.
5. Tourist attractions.
6. Ski centers.
7. Commercial or private airports.
8. Timber harvesting that includes a proposed clear-cutting of any single unit of
land or more than 25 acres.
9. Sawmills,chipping mills,pallet mills and similar wood-using facilities.
10.Mineral extractions.
11.Mineral extraction structures.
12.Watershed management and flood control projects.
13. Sewage treatment plants.
14.Major public utility uses including telecommunications towers
15.Industrial usesincluding assembly operation or use.
16.Any material increase or expansion of an existing land use or structure included
on this list that is 25% or more of the original size of such existing use or 25%
or more of the original square footage of such structure.
C. Low-intensity use areas.
1. All land uses and development, except subdivisions of land, located in the
following critical environmental areas:
a. Within 1/4 mile of rivers navigable by boat designated to be studied as wild,
scenic or recreational in accordance with the Environmental Conservation
Law during the period of such designation.
b. Involving wetlands.
c. At elevations of 2,500 feet or more.
d. Within 1/8 mile of tracts of forest preserve land now or hereafter classified
as "wilderness," "primitive" or "canoe" in the Master Plan for Management
of State Lands, except for an individual single-family dwelling and
accessory uses or structures thereto. Provided,however,that the above shall
not include forestry uses [other than clear-cutting as specified in Subsection
C(8)below], agriculture uses,open space recreation uses public utility uses
and accessory uses or structures (other than signs)to any such use or to any
preexisting use.
2. All land uses and development, except subdivisions of land, involving 35 or
more residential units, whether designed for permanent, seasonal or transient
use.
(201)
,a
Quee-&wy Zoning Ordinance
Adopted April 1,2002
3. Commercial or agricultural service uses involving 5,000 or more square feet of
floor space.
4. All structures in excess of 40 feet in height, except residential radio and
television antennas, and agricultural use structures. To determine Agency
jurisdiction, the height of a structure is measured as the vertical distance
between the highest point of the structure to the lowest point of finished or
natural grade.
5. Tourist attractions.
6. Ski centers.
7. Commercial or private airports.
8. Timber harvesting that includes a proposed clear-cutting of any single unit of
land of more than 25 acres.
9. Sawmills,chipping mills,pallet mills and similar wood-using facilities.
10. Mineral extractions.
11.Mineral extraction structures.
12.Watershed management and flood control projects.
13. Sewage treatment plants.
14. Waste disposal areas.
15.Junkyards.
16.Major public utility uses.
17.Industrial uses.
18.Any material increase or expansion of an existing land use or structure included
on this list that is 25% or more of the original size of such existing use or 25%
or more of the original square footage of such structure.
D. Rural use areas.
1. All land uses and development, except subdivisions of land, located in the
following critical environmental areas:
a. Within 1/4 mile of rivers navigable by boat designated to be studied as wild,
scenic or recreational in accordance with the Environmental Conservation
Law during the period of such designation.
b. Involving wetlands.
c. At elevations of 2,500 feet or more.
d. Within 1/8 mile of tracts of forest preserve land or water now or hereafter
classified as "wilderness," "primitive" or "canoe" in the Master Plan for
Management of State Lands, except for an individual single-family dwelling
and accessory uses or structures thereto.
e. Within 150 feet of the edge of the right-of-way of federal or state highways,
except for an individual single-family dwelling and Accessory uses or
structures thereto.
f. Within 150 feet of the edge of the right-of-way of, county highways
designated by rule or regulation of the Agency, adopted pursuant to
Subdivision 14 of Section 809 of the Adirondack Park Agency Act, as major
travel corridors by the Agency, except for an individual single-family
dwelling and accessory uses or structures thereto.
(202)
Queensbury Zoning 0r,A once
Adapted April 1.2002
Provided,however, that the above shall not include forestry uses [other than
clear-cutting as specified in Subsection D(9)below and sand and gravel pits
associated with such uses located within 150 feet of the edge of the right-of-
way of the above described travel corridors], agriculture uses (other than
sand and gravel pits associated with such uses located within 150 feet of the
edge of the right-of-way of the above described travel corridors),open space
recreation uses and accessory uses or structures (other than signs) to any
such uses or to any preexisting use.
2. All land uses and development, except subdivisions of land, involving 20 or
more residential units, whether designed for permanent, seasonal or transient
use.
3. Commercial or agricultural service uses involving 2,500 or more square feet of
floor space.
4. All structures in excess of 40 feet in height, except residential radio and
television antennas, and agricultural use structures. To determine Agency
jurisdiction, the height of a structure is measured as the vertical distance
between the highest point of the structure to the lowest point of finished or
natural grade.
5. Tourist attractions and amusement centers.
6. Ski centers.
7. Commercial seaplane bases.
8. Commercial or private airports.
9. Timber harvesting that includes a proposed clearcutting of any single unit of
land or more than 25 acres.
10. Sawmills,chipping mills,pallet mills and similar wood-using facilities.
11. Mineral extractions.
12. Mineral extraction structures.
13.Watershed management and flood control projects.
14. Sewage treatment plants.
15.Waste disposal area.
16. Junkyards.
17.Major public utility uses including telecommunications towers.
18. Industrial use.
19.Any material increase or expansion of an existing land use or structure included
on this list that is 25%or more of the original size of such existing use or 25%
or more of the original square footage of such structure.
E. Resource Management Areas.
1. All land uses and development, except subdivisions of land, located in the
following critical environmental areas:
a. Within 1/4 mile of rivers navigable by boat designated to be studied as wild,
scenic or recreational in accordance with the Environmental Conservation
Law during the period of such designation.
b. Involving wetlands.
c. At elevations of 2,500 feet or more.
(203)
Queensbury Zoning Ordinance
Adopted Apra/1.2002
d. Within 1/8 mile of tracts of forest preserve land or water now or hereafter
classified as "wilderness," "primitive" or "canoe" in the Master Plan for
Management of State Lands, except for an individual single-family dwelling
and accessory uses or structures thereto.
e. Within 300 feet of the edge of the right-of-way of federal or state highways,
except for an individual single-family dwelling and accessory uses or
structures thereto.
f. Within 300 feet of the edge of the right-of-way of county highways
designated as major travel corridors by rule or regulation of the Agency,
adopted pursuant to Subdivision 14 of Section 809 of the Adirondack Park
Agency Act, except for an individual single-family dwelling and accessory
uses or structures thereto.
Provided,however,that the above shall not include forestry uses [other than
clear-cutting as specified in Subsection E(9)below and sand and gravel pits
associated with such uses located within 300 feet of the edge of the right-of-
way of the above described travel corridors], agriculture uses (other than
sand and gravel pits associated with such uses located within 300 feet of the
edge of the right-of-way of the above described travel corridors),open space
recreational uses, public utility uses and accessory uses or structures (other
than signs)to any such uses or to any preexisting use.
2. Campgrounds involving 50 or more sites.
3. Group camps.
4. Ski centers and related tourist accommodations.
5. Agricultural service uses.
6. All structures in excess of 40 feet in height, except residential radio and
television antennas,and agricultural use structures. To determine Agency
jurisdiction,the height of a structure is measured as the vertical distance
between the highest point of the structure to the lowest point of finished or
natural grade.
7. Sawmills,chipping mills and pallet mills and similar wood-using facilities.
S. Commercial sand and gravel extractions.
9. Timber harvesting that includes a proposed clear-cutting of any single unit of
land of more than 25 acres.
10.Mineral extractions.
11.Mineral extraction structures.
12.Watershed management and flood control projects.
13. Sewage treatment plants.
14.Major public utility uses including telecommunications towers.
15.Any material increase or expansion of an existing land use or structure included
on this list that is 25%or more of the original size of such existing use or 25%
or more of the original square footage of such structure.
F. Industrial use areas.
1. Mineral extraction.
2. Mineral extraction structures.
(204)
Qs re—b a rry Zoning Ordinance
Adopted April 1.2002
3. Commercial sand and gravel extractions.
4. Major public utility uses including telecommunications towers.
5. Sewage treatment plants.
6. Waste disposal area.
7. Junkyards.
G. Any material increase or expansion of an existing land use or structure included on
this list that is 25%or more of the original size of such existing use or l5%or more
of the original square footage of such structure.
H. Any amendment to the Class A Regional Project list in Section 810, Subdivision 1,
of the Adirondack Park Agency Act subsequent to the adoption of this chapter shall
be deemed to effect a corresponding change in this Appendix A without action by
the town, except so far as that amendment affects the delineation of subdivisions
which are Class A Regional Projects.
(205)
Queensbury Zoning Ordinance
Adopted April 1.2002
§ 179-21-020 Appendix B:APA Class B Regional Projects
A. Moderate-intensity use areas.
1. Multiple-family dwellings including townhouses, duplexes, and two-family
dwellings..
2. Mobile home courts.
3. Public and semipublic buildings including a Place of Worship and School.
4. Municipal roads.
5. Commercial or agricultural service uses involving less than 10,000 square feet
of floor space.
6. Tourist accommodations including bed and breakfast and motel..
7. Marinas,boatyards and boat launching sites.
8. Golf courses.
9. Campgrounds.
10. Group camps.
11. Commercial seaplane bases.
12. Commercial sand and gravel extractions.
13. Land use or development, except subdivisions of land, involving the clustering
of buildings on land having shoreline on the basis of a specified number of
principal buildings per linear mile or proportionate fraction thereof, as provided
for in the shoreline restrictions.
14.Any land use or development not now or hereafter included in the applicable
primary or secondary compatible use lists of the APA Act.
15.An individual single-family dwelling within 1/8 mile of tracts of forest preserve
land or water now or hereafter classified as "wilderness," "primitive"or"canoe"
in the Master Plan for Management of State Lands.
16.All land uses and development, except subdivisions of land, within 1/4 mile of
rivers designated to be studied as wild, scenic or recreational in accordance with
the Environmental Conservation Law, other than those navigable by boat,
during the period of such designation.
17.Any material increase or expansion of an existing land use or structure included
on this list that is 25% or more of the original size of such existing use or 25%
or more of the original square footage of such structure.
B. Low-intensity Use Areas.
1. Multiple-family dwellings.
2. Mobile home courts.
3. Public and semipublic buildings including a Place of Worship and School.
4. Municipal roads.
5. Commercial or agricultural service uses involving less than 5,000 square feet of
floor space.
6. Tourist accommodations.
7. Marinas,boatyards,boat launching sites, and dockominiums.
(206)
Qr -rbu77 dng Ordi-nce
Adopted April 1,2002
8. Golf courses.
9. Campgrounds.
10. Group camps.
11. Commercial seaplane bases.
12. Commercial sand and gravel extractions.
13.Land use or development, except subdivision of land,involving the clustering of
buildings on land having shoreline on the basis of a specified number of
principal buildings per linear mile or proportionate fraction thereof, as provided
for in the shoreline restrictions.
14.Any land use or development not now or hereafter included in the applicable
primary or secondary compatible use lists of the APA Act.
15.An individual single-family dwelling within 1/8 mile of tracts of forest preserve
land or water now or hereafter classified as "wilderness," "primitive" or "canoe"
in the Master Plan for Management of State Lands.
16.All land uses and development, except subdivisions of land, within 1/4 mile of
rivers designated to be studied as wild, scenic or recreational in accordance with
the Environmental Conservation Law, other than those navigable by boat,
during the period of such designation.
17.Any material increase or expansion of an existing land use or structure included
on this list that is 25% or more of the original size of such existing use or 25%
or more of the original square footage of such structure.
C. Rural Use Areas.
1. Multiple-family dwellings,including townhouses,duplexes,and two-family
dwellings..
2. Mobile home courts.
3. Public and semipublic buildings including a Place of Worship and School.
4. Municipal roads.
5. Marinas,boatyard,boat launching sites,and dockominiums.
6. Golf courses.
7. Campgrounds.
8. Group camps.
9. Commercial sand and gravel extractions.
10. Land use or development, except subdivision of land,involving the clustering of
buildings on land having shoreline on the basis of a specified number of
principal buildings per linear mile or proportionate fraction thereof, as provided
for in the shoreline restrictions.
11.All land uses and development, except subdivisions of land, within 1/4 mile of
rivers designated to be studied as wild, scenic or recreational in accordance with
the Environmental Conservation Law, other than those navigable by boat,
during the period of such designation.
12.Any land use or development not now or hereafter included in the applicable
primary or secondary compatible lists of the APA Act.
13. Commercial and agricultural service uses involving less than 2,500 square feet.
(207)
Queensbury Zoning Ordinance
Adopted April/,2002
14.An individual single-family dwelling within 1/8 mile of tracts of forest preserve
land or water described in Subsection D (lxd) of§ 179-113 or within 150 feet
of a travel corridor described in such subsection.
15.Any material increase or expansion of an existing land use or structure included
on this list that is 25% or more of the original size of such existing use or 25%
or more of the original square footage of such structure.
D. Resource Management Areas.
l. Single-family dwellings.
2. Individual mobile homes.
3. Forestry use structures.
4. Hunting and fishing cabins and hunting and fishing and other private club
structures involving 500 or more square feet of floor space.
5. Land use or development,except subdivision of land,involving the clustering of
buildings on land having shoreline on the basis of a specified number of
principal buildings per linear mile or proportionate fraction thereof, as provided
in the shoreline restrictions.
6. Any land use or development now or hereafter included in the applicable
primary or secondary compatible use list of the APA Act.
7. Municipal roads.
8. Golf courses.
9. An individual single-family dwelling within 1/8 mile of tracts of forest preserve
land of waters described in Subsection E (lxd) of§ 179-113 or within 300 feet
of a travel corridor described in such subsection.
10. Campgrounds involving fewer than 50 sites.
11.All land uses and development, except subdivision of land, within 1/4 mile of
rivers designated to be studied as wild, scenic and recreational in accordance
with the Environmental Conservation Law, other than those navigable by boat,
during the period of such designation.
12.Any material increase or expansion of an existing land use or structure included
on this list that is 25% or more of the original size of such existing use or 25%
or more of the original square footage of such structure.
E. Industrial Use Areas.
1. Sawmills,chipping mills,pallet mills and similar wood-using facilities.
2. Industrial uses.
3. Commercial uses.
4. Agricultural service uses.
5. Public and semipublic buildings including a Place of Worship and School.
6. Municipal roads.
7. Any land use or development now or hereafter included in the applicable
primary or secondary compatible use lists of the APA Act.
(208)
QW—%bnry Zoning Ordinance
Adopted April 1,2002
F. Any material increase or expansion of an existing land use or structure included on
this list that is 25%or more of the original size of such existing use or 25%or more
of the original square footage of such structure.
G. Any amendment to the Class B Regional Project list in Section 810, Subdivision 2,
of the Adirondack Park Agency Act subsequent to the adoption of this chapter shall
be deemed to effect a corresponding change in this Appendix B without action by
the town, except so far as that amendment affects the delineation of subdivisions
which are Class B Regional Projects.
§ 179-21-030 Appendix C: APA Regional Project Review Criteria
A. Soils.
1. Soils,general.
a. Objective: prevent accelerated soil erosion and the potential for earth
slippage.
b. General guideline: respect existing natural features, such as slope, soil
texture and structure; minimize removal of vegetation cover, rapidly
revegetate cleared areas; limit cuts and fills; and employ such erosion
control devices and measures as are necessary to promptly stabilize slopes
and surfaces and to control runoff.
2. Agricultural soils.
a. Objective: conserve viable agricultural soils.
i. General guideline: avoid activities on Class I and Class II agricultural
soils and presently in agricultural service which would diminish or
preclude continuing use thereof for agricultural purposes.
B. Topography.
1. Objective:minimize topographic alterations.
2. General guideline: minimize excavation, cuts and fills and site grading by
employing to advantage existing topographic features; and avoid development
activities on steep slopes where environmental damage and costly development
problems could result therefrom.
C. Surface waters.
1. Water quality and eutrophication.
a. Objective: maintain or enhance existing physical, chemical and biological
water quality characteristics; and prevent any undue acceleration of existing
rates of eutrophication of bodies of water.
b. General guideline: maintain wide buffer strips of natural vegetation
bordering water bodies; minimize channel disturbance and alterations;
preserve shoreline vegetation; minimize hydrologic changes which would
result from damming or impounding; avoid introduction of nutrients from
(209)
Quemubivy Zoning Ordinance
Adopted April I,2002
the use of fertilizers and from sewage effluent; and avoid introduction of
toxic materials to water bodies.
2. Surface drainage.
a. Objective: retain existing surface water drainage and runoff patterns and
existing flow characteristics.
b. General guideline: minimize alterations to existing drainage patterns and
drainage courses; preserve drainageways in their natural state; and provide,
where necessary, natural ponding areas and other measures designed to
provide natural retention of stormwater runoff if development includes a
significant area of impervious surface.
3. F000dplains.
a. Objective: maintain the storage capacity of floodplains and their existing
ability to convey water downstream; and avoid activities in floodplains
which will result in dangers to life, safety and property if subjected to
flooding.
b. General guideline: avoid the placement of buildings intended for human
habitation, commercial use and industrial use within floodplains; avoid the
use of fill to create elevated sites; and within any flood hazard special
zoning district and any flood hazard fringe special zoning district, conform
all development plans to the floodplain regulations contained in Chapter 91
of this code.
D. Groundwater.
1. Objective:preserve quality,infiltration rate and levels of groundwater.
2. General guideline: comply, at a minimum, with applicable governmental water
pollutant discharge restrictions; particularly, avoid discharge of effluent
potentially degrading to groundwater quality in proximity to major aquifers and
aquifer recharge areas which could result from covering them with impervious
surfaces.
E. Shorelines.
1. Objective: maintain or enhance the existing physical, biological and aesthetic
characteristics of the shoreline of all lakes,ponds,rivers and streams.
2. General guideline: comply, at a minimum, with applicable governmental
shoreline restrictions;minimize construction or development of any kind near or
on the shorelines; avoid physical modifications of the shorelines themselves;
minimize the removal of vegetation along shorelines; locate buildings so as to
be partially screened from the shorelines by natural vegetation; and maximize
the preservation of stretches of shoreline in a natural, unchanged and
undeveloped state.
F. Mineral Resources.
1. Objective: conserve existing known mineral resources.
(210)
d+'+o
Queensberry Zoning Ordinance
Adopted April 1,2002
2. General guideline: avoid activities which would preclude present or future use
of important mineral resources that may be of economic significance to the
region.
G. Air quality.
1. Objective:maintain or enhance existing air quality.
2. General guideline: adhere to applicable governmental air quality standards;
provide adequate air pollution abatement devices; and reduce dust levels caused
by construction activities.
H. Noise levels.
1. Objective: limit additions to noise levels.
2. General guideline: adhere, at a minimum, to applicable governmental noise
level standards; utilize noise abatement equipment; and maintain natural
buffers, such as existing topographic relief and vegetation.
I. Wetlands.
1. Objective:preserve the hydrologic,wildlife,vegetation,aesthetic,educational,
open space and recreational values of wetlands.
2. General guideline: avoid development in marshes, bogs, swamps and
periodically inundated lands or on lands immediately adjacent thereto, if such
development could result in environmental damage to the marsh,bog, swamp or
periodically inundated land.
J. Aquatic communities.
1. Objective: protect, generally, the existing natural aquatic plant and animal
communities; and preserve rare and endangered aquatic plant and animal
species.
2. General guideline: preserve key spawning areas, nursery grounds, food sources
and food source areas;preserve habitats of rare and endangered animal species;
maintain adjacent vegetated areas generally as habitats and buffer zones;
minimize shoreline alterations, such as beach construction and emplacement of
docks,rafts,boat launching facilities and breakwaters; and avoid introduction of
toxic materials and nutrients to water bodies.
K. Terrestrial vegetation.
1
1. Vegetation,general.
a. Objective:preserve or quickly restore terrestrial vegetation.
b. General guideline: minimize clearing of vegetation in light of development
objectives; avoid clearing vegetation where damage will result to remaining
(211)
Queensbury Zoning Ordinance
Adopted April 1.2002
vegetation from such factors as wind, erosion and frost; and protect
remaining vegetation during the construction period.
2. Rare and endangered terrestrial plant species.
a. Objective:preserve rare and endangered terrestrial plant species.
b. General guideline: locate development and other intensive human activities
so as to protect the location and habitats of rare and endangered plant
species and allow for the continuing propagation of these species.
3. Productive commercial forest land.
a. Objective: conserve productive forest lands.
i. General guideline: avoid impairment of productive forest lands for
commercial forest production by employing sound forestry practices and
by employing such planning techniques as clustering of development.
L. Fragile ecosystems at higher elevations.
1. Objective:minimize disturbance of fragile ecosystems at higher elevations.
2. General guideline: avoid development at elevations of 2,500 feet or more.
M. Terrestrial wildlife.
1. Terrestrial wildlife,general.
a. Objective:maximize the preservation of terrestrial wildlife species.
b. General guideline: preserve key wildlife habitats, such as deer wintering
yards, nesting areas, productive feeding areas and important vegetation
transition areas; and maintain wildlife diversity to the extent possible in
view of project objectives by maintaining a diversity of habitat.
2. Rare and endangered terrestrial wildlife species.
a. Objective:preserve rare and endangered terrestrial wildlife species.
b. General guideline: locate development and other intensive human activities
so as to protect the location and habitats of rare and endangered terrestrial
wildlife species and allow for the continuing propagation of these species.
N. Aesthetics.
1. Aesthetics, general.
a. Objective: preserve and enhance, where possible,impact of the project upon
the existing aesthetic qualities of the project site and its environs.
b. General guideline: utilize existing vegetation and topographical features;
and employ careful siting methods so as to minimize the visual impact of all
development activities.
2. Scenic vistas.
a. Objective: maintain the scenic qualities of views from vistas designated in
the Adirondack Park State Land Master Plan.
b. General guideline: avoid visibility of buildings and other development and
land use alterations generally from vistas by employment of vegetative
screening, existing topography and careful siting methods.
(212)
Quemsbury Zoning Ordinance
Adopted April!,2002
3. Travel corridors.
a. Objective: preserve the scenic qualities of views from public roads and trails
and from boat and canoe routes.
b. General guideline: employ vegetative screening, existing topography and
careful siting methods to minimize the visual impact of buildings and other
development and land use alterations.
O. Open Space.
1. Open space, general.
a. Objective: maintain the open space character of the project site, adjacent
land,and surrounding areas.
b. General guideline: preserve vegetation screening and existing topography
and employ clustering and careful siting methods, where appropriate, to
minimize the impact of development activities and land use alterations on
open space; and preserve undeveloped areas as large as possible in view of
project objectives.
2. Outdoor recreation.
a. Objective: maintain the quality and availability of land for outdoor open
space recreational purposes.
b. General guideline: provide, on the project site, sufficient open space areas
for outdoor recreational use by those persons who will use the proposed
project, taking into account the existing recreational resources available in
the area; and locate buildings and other development so as not to interfere
with those areas to be used as hiking, bicycling and crosscountry skiing
trails as well as trail bike, jeep, all-terrain vehicle and horse trails,
playgrounds,picnic areas,campgrounds,parks,beaches and similar uses.
P. Adjoining and Nearby Land Uses.
1. Surrounding land uses,general.
a. Objective: minimize incompatibility of new development with the character
of adjoining and nearby land area.
b. General guideline: take into account the existing and potential land uses in
the vicinity of the project site in determining what new land use activities
are suitable for the project site; avoid new intensive development in open
space areas; and avoid substantially altering existing residential and other
land use patterns.
2. Adjacent state land.
a. Objective: preserve the wild and natural character of adjacent state lands
designated as "wilderness," "primitive" or "canoe" by the Adirondack Park
State Land Master Plan.
b. General guideline: minimize development activities which would materially
impair the wilderness attributes of these state lands; and design and
construct development that is located within 1/8 mile of these state lands so
as to minimize its visual and aural impact in these wilderness-like areas,
(213)
Queensbury Zoning Ordinance
Adopted April I,2002
thereby ensuring the continued compatibility of state and private types of
ownership.
Q. Wild, Scenic and Recreational Study Rivers.
1. Objective: protect or enhance the natural qualities of any river designated to be
studied for possible inclusion in the states wild,scenic or recreational system.
2. General guideline: maintain buffer zones and existing vegetation along
designated study rivers; avoid intensive development within 1/4 mile of such
rivers;minimize alterations to such rivers and their banks; and preserve the free-
flowing character of such rivers.
R. Historic Sites.
1. Objective: protect archaeological sites, historic sites and unique historical
structures for their educational and cultural value to the area,region or state.
2. General guideline: preserve and restore archaeological sites, historic sites and
unique historic structures to the extent warranted by their respective
significance; and avoid land uses and development on adjoining and nearby
lands which would be incompatible with the significance of such sites and
structures.
S. Special Interest Areas.
1. Objective: preserve special interest areas,such as unique natural features and their
surrounding environs.
2. General guideline: avoid physical and aesthetic alteration and impairment of the
natural condition of unique physical features, such as gorges, waterfalls and
interesting geological formations, and interest areas as assets to development.
T. Government Considerations.
1. Service and finance.
a. Objective: fully explore and assure the ability of government to provide
governmental services and facilities made necessary by the project.
b. General guideline: phase development activities to a level commensurate
with the financial capability of the various levels of government to provide
the governmental services and facilities that will be generated by the
development, such as transportation systems, schools, health care, sewage
and solid waste disposal systems, water supply systems and fire and police
protection; require that, as nearly as possible, the balande between the cost
of public services required to adequately serve the ' development as
compared with the anticipated tax and other revenues to be generated by the
development be favorable at each level of government or taxing jurisdiction
affected by the project; and include in development plans provisions to
Quembury zoning Ordinance
Adopted April 1,2002
maintain or improve existing services and alleviate any potential adverse
impact upon the ability of the government to provide services and facilities.
2. Regulation.
a. Objective: conform development activities to all applicable governmental
rules and regulations.
b. General guideline: comply with all applicable ordinances, rules and
regulations of all governmental agencies with responsibilities for such
activities, including those of towns and villages, counties, the State
Departments of Health and Environmental Conservation and the Adirondack
Park Agency.
U. Public Utilities and Community Resources.
1. Objective: assure the adequacy of such public utility services and community
resources as shall be necessary for the project.
2. General guideline: avoid excessive demands on the capabilities of public
utilities such as electricity and communication services; and avoid necessity for
major uncompensated increases in community services and activities, such as
recreational facilities, social, cultural and health services and transportation
facilities.
V. The principal development activities associated with a project to be considered in
connection with the determination required by §§ 179-37 through 179-39 and
referred to in § 179-41 hereof, together with representative means for avoiding
undue adverse impact,include the following:
1. Street and roads.
a. Objective: design and construct roads and streets to provide safe and
convenient access without causing undue adverse impacts on natural and
public resources.
b. General guideline: conform street and road alignments with existing
topography and vegetation; avoid steep slopes, abrupt curves and excessive
cuts and fills; provide adequate road surfacing and road bed drainage;
preserve existing drainage patterns; and design streets and roads so as to
minimise the impacts of construction and maintenance practices.
2. Siting and construction of buildings.
a. Objective: design, site and construct buildings to best serve their intended
functions and to minimize impact on existing natural and public resources.
b. General guideline: blend buildings with existing topography and their
surrounding environs; avoid steep slopes; muumize grade alterations; and
avoid complex costly engineering solutions of site problems with potentially
excessive environmental impacts.
3. Sewage disposal.
a. Objective: select, design and locate sewage disposal systems to provide
adequate treatment of effluent and to avoid contamination of surface or
ground water.
(215)
Queensbury Zoning Ordinance
Adopted Aprl!1,2002
b. General guideline: comply with all state and local health standards; adhere,
at a minimum, to the Adirondack Park Agency Act's setback requirements
for water bodies; and employ proven design criteria for sewage disposal
systems in proper working order.
4. Storm drainage.
a. Objective: design, locate and construct storm drainage systems so as to
maintain existing drainage patterns in a natural state and to minimize
adverse hydrologic effects.
b. General guideline: provide adequate drainage for building sites and roads;
avoid altering drainage patterns to the extent possible; utilize natural
dramageways for handling stormwater runoff, preserve all natural surface
water retention areas such as wetlands, bogs and marshes; and minimize
runoff by such other methods as preserving vegetative cover and avoiding
the creation of unnecessary or extensive impervious surfaces.
5. Water supply.
a. Objective: locate, design and construct water supply systems so as to
provide an adequate supply of potable water without adversely affecting
existing water usage patterns or creating adverse effects with regard to
aquifers and subsurface drainage.
b. General guideline: comply with all state and local health standards with
regard to the design, location, construction and maintenance of water supply
systems.
6. Solid waste disposal.
a. Objective: provide for the storage, collection, transportation and disposal of
solid waste in a manner which will minimize air, water and visual pollution
and in a manner which will not create hazards to the health and welfare of
people or wildlife.
b. General guideline: comply with all applicable state and local standards for
the disposal of solid waste;utilize community solid waste disposal areas and
recycling facilities; adequately screen disposal areas; locate disposal areas
on deep, moderately permeable, well-drained soils and at sufficient
distances from water bodies so as to prevent contamination thereof; and
avoid locating disposal areas on steep slopes.
7. Pesticides and herbicides.
a. Objective: avoid all use of pesticides, herbicides and other biocides
potentially detrimental to natural systems.
b. General guideline: strictly adhere to applicable regulations regarding type,
quality and techniques of application of pesticides, herbicides and other
biocides; and prevent direct application pesticides, herbicides and other
biocides to surface waters or wetlands or in a manner which may cause
contamination thereto.
8. Shoreline development.
a. Objective: design and construct development along shorelines so as to
maintain existing aesthetic and ecological characteristics thereof and to
avoid all significant impairment of these qualities.
(217) j '''
Quembury Zoning Ordinance
Adopted April 1,2002
b. General guideline: adhere, at a minimum, to the shoreline restrictions of
Adirondack Park Agency Act and the provision of the Environmental
Conservation Law and all local laws;maximize preservation of undeveloped
shoreline vegetation; minimize construction of docks and boathouses on
shorelines; and minimize aesthetic alterations to shorelines as viewed from
water bodies and surrounding areas.
9. Noise.
a. Objective:minimize noise, insofar as practicable.
b. General guideline: employ such measures as appropriate site selection,
appropriate construction methods and maintenance of natural cover for a
buffering effect; and adhere, at a minimum, to applicable governmental
noise level standards.
10. Signs.
a. Objective: avoid signage that detracts from aesthetic and scenic qualities.
b. General guideline: limit signs to the extent necessary to adequately inform
viewers concerning the activities to which they relate; utilize signs which
are appropriate to the character of the area in which they are located; and
avoid use of signs of excessive size, signs that are insufficiently set back
from natural and man-made travel corridors and signs containing moving
parts or flashing lights.
11.Utilities.
a. Objective: locate, design, construct and maintain utilities so as to efficiently
accomplish project objectives and preserve natural and public resources.
b. General guideline: locate utilities underground, if feasible, and in such a
way that alignments are compatible with existing topography and
vegetation; minimize visual impacts on surrounding areas by maintaining
and preserving as much vegetative cover as possible and utilizing existing
topography, and minimize maintenance practices, such as herbicide
spraying,which could have adverse environmental impacts on terrestrial and
aquatic ecosystems.
(218)
Que—bury Zoning Ordinance
Adopted April I,2002
Queensbury Zoning Ordinance
Enumeration of Zoning Map Amendments
�?F
(219)
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(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. ____________1_____________________ of 20--02
of the ((Xd1WMMX own)(AIU of-----__Queensbury was duly passed by the
Town Board---------------------------- on---- 1-IJ_-------- 20____, 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 20-----_
of the(County)(City)(Town)(Village)of_________________________________________________________________ was duly passed by the
----------------------------------------------- on ------------------ 20 ---,and was (approved)(not approved)(repassed after
(Name of Legislative Body)
disapproval) by the__________________________________________________ and was deemed duly adopted on ------------------ 20----,
!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 20------
of the(County)(City)(Town)(Village)of_________________________________________________________________ was duly passed by the
--------------------------------------------------- on ------------------ 20---- ,and was (approved)(not approved)(repassed after
(Name of Legislative Body)
disapproval)by the------------------------------------------------- on------------------- 20---- . Such local law was submitted
(Elective Chief Executive Officer*)
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__________________ 20L___ ,in
accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was riled requesting
referendum.)
I hereby certify that the local law annexed hereto,designated as local law No. ___________________________________ of 20------
of the (County)(City)(Town)(Village)of_________________________________________________________________ was duly passed by the
________________________________________________ ___ ,and was(approved)(not approved)(repassed after
(Name of Legislative Body)
disapproval)by the__________________________________________________ on__________________ 20--- . Such local law was subject to
(Elective Chief Executive Officer•)
permissive referendum and no valid petition requesting such referendum was filed as of__________________ 20.___ ,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 chairperson 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.
(221)
S. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto,designated as local law No. ----------------------------------- of 20------
of the City of--------------------------------------------- having been submitted to referendum pursuant to the provisions of
section(36x37)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------------------- 20----,
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 20------
of the County of---------------------------------------------------- State of New York,having been submitted to the electors
at the General Election of November---------------------- 20----,pursuant to subdivisions S 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 cit-
ies of said county as a unit and 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 appropriate 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 thvefrom and of the whole of such original local law,and was finally adopted in the manner in-
dicated in paragraph------------- above.
Clerk of the County legislative body,City,Town or Village C►
or officer designated by local legislative body
(Seal) 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 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.
A�� lire 94/
Signature Robert Hafner
Title Town Counsel
tXd614Iiy
of Queensbury
Town
P
Date:
(222)
_ f. ine I'lu5iriwy
section has been
rewritten. The minimum
NOTICE OF ADOPTION tract sizes and districts in
which clustering is
At a regular Meeting of allowed have been
the Town Board of the revised.
Town of Queensbury g The Planned Unit
held on April 1,2002 at Development section
7:00 P.M.at the Town of has been revised. In
WARREN • AFFIDAVIT Queensbury, 742 Bay general, the section has
Road, Queensbury, been simplified and
New York, Resolution. various requirements
176,2002 entitled clarified including the
R E S O L U T 1 0 N density calculations.
ADOPTING SEQRA 9 A new Article
N E G A T I V E s p e c i f y i n g
DECLARATION AND Environmental and
ENACTING LOCAL Performance Standards
LAW NO.1 OF 2002 TO CODE U BY has been created. Of
STATE OF NEW YORK: TOWN CODE B
AMEND Q most importance, this
REPEALING CURRENT article Ispecifies
standards for lighting
CHAPTER 179
"ZONING" AND and clear-cutting and
REPLACING IT WITH A grading.Specific lighting
County of Warren s.: NEW CHAPTER 179 standards are proposed
for all commercial uses.
"ZONING" was Commercial lots may not
adopted the following
generally be cleared or
being a summary of the graded more than one
i 1 n changes to the acre without first being
being duly sworn, says that (s)he is principal Queensbury Zoning subject to site plan
Ordinance: review. Residential lots
Summary of Major clerk for Glens Falls Newspapers, Inc. publishers of THE POST-STAR, a daily newspaper Changes tothe
may not be cleared or
p y Town of Queensbury graded more than two
Zoning Ordinance acres without site plan
review, except that the
published in Glens Falls Warren Count State of New York and that the printed notice The following standard is five acres in
P y, P summarizes changes to
the PR and LC districts.
the Town of Queensbury
Zoning Ordinance. specifying
A new Article
attached hereto was cut from the said POST-STAR and that the said notice was published 1, The entire ordinance specifying Landscaping
and Buffering
has been reformatted
and reorganized to allow Standards has been
created.The landscaping
easier reference and
therein, namely he
update. layout and sden�sity fy t of
y 2. The Definitions have landscaping in and
�, 20 (--a been updated, Obsolete
'{ around commercial
terms have been deleted parking lots. The
and new terms defined buffering standards
l 0 consistent with current
Signed this day of 20�L� land use practices. specify the type and
( 3. Design Guidelines amount of buffering
required between various
have been promulgated land uses.
"�(✓ for five areas of Town.
+ 11. The rules governing
The Areas are: 1) Main waterfront uses such
Street from Exit 18 to the as marinas have been
Glens Falls City line; modified to make them
2)Bay Road from Quaker consistent with those of
Sworn to before me this Road north to Haviland the Lake George Park
Road; 3) Route 9 from Commission.
the Glens Falls City Line 12. The Parking and
day of Z� north to Route 149; Loading Standards
4) The commercial have been revised to
intersection of Route 149 reduce the size of the
and Bay Road; and standard parking and to
Y�l �L p�; 5) The commercial allow shared parking
between uses. A
intersection of Route 149
Notary Public and Ridge Road. The maximum parking
Design Guidelines standard is proposed.
provide written and The parking
illustrated guidance as to requirements for various
,{ the form new uses have been revised
--;z development should take and the number of uses
in these areas. The for which standards are
guidelines are not
Jt r a J /1(� mandatory and may be specified has been
Y t:r=, ;;_s .:, v d expanded.
waived by the Planning 13. A new set of
• Board where good cause requirements for Home
is found to do so. Occupations has been
4. A new Article entitled drafted clarifying what is
Access Management allowed as a home
has been added. This occupation.
article generally 14. The legal tests that l
consolidates those parts must.be met for issuance f
a: a .
�c vCnnIOOnS nave '",""� a"- UCW511Y OT
been updated. Obsolete landscaping in and
Y ` 20S i rcial
terms have been'deleted Park parking lots.round
The
rr �l and new terms defined buffering standards
C+ - consistent with current
5'igned this day of 20 O land use practices. specify the type and
�17" 3. Design Guidelines amount .of buffering
_ have been promulgated required between various
for five areas of Town. land uses,
x t -- The areas are; 1) Main 11. The rules governing
Street from Exit 18 to the waterfront uses such
as marinas have been
Glens Falls City line;
2)Bay Road from Quaker modified to make them
Road north to Haviland consistent with those of
before me this Road; 3) Route 9 from the Lake George Park
the Glens Falls City Line Commission.
north to Route 149;Line 12. The Parking and
20� -- Loading Standards
4) The commercial
intersection of Route 149 have been revised to
�Znand Bay Road; and reduce the size of the
� � 5) The commercial standard parking and to
Notary Public intersection of Route 149 allow shared parking
and Ridge Road. The between uses. A
Design Guidelines maximum parking
ovide written and standard is proposed.
illustrated
strated guidance as to The parking
' the form new requirements for various
development should take uses have been revised
in these areas. The and the number of uses
guidelines are not for which standards are
(�l mandatoryand may be specified has been
Y expanded.
Board dwhere go d1 cause 13. A new set of
is found to do so. requirements for Home
4. A new Article entitled Occupations has been
Access Management drafted clarifying what is
has been added. This allowed as a home
article generally occupation.
consolidates those parts 14. The legal tests that
of the ordinance must be met for issuance
concerning access to and of a Variance have been
between lots and included in the ordinance.
establishes minimum 15. Several new zoning
spacing standards for districts have been
commercial driveways. created. These are a
5. Minor revisions have Mixed Use District
been made to the Site applicable to Main Street,
Plan Review section of lower Southwestern
the ordinance. Most Avenue and portions of
notable is the Warren Street and Dix
requirement that all site Avenue; a Commercial-
plan applicants meet with Industrial District
staff prior to making an applicable to portions of
application. The purpose Dix Avenue and Corinth
of this requirement is to Road; and a
ciarity submittal Professional Office
requirements and explain District applicable to Bay
the review procedure, Road and a portion of
hopefully resulting in a Southwestern Avenue.
streamlined procedure. 16. Several zoning
6.A new form of review, districts have been
Special Use Permits,has modified. The Highway
been added to the Commercial District has
ordinance. Special Use been split into a Highway
Permits require that the Commercial Intensive
Planning Board make (HC-1) and a Highway
various findings with Commercial Moderate
respect to the (HC-Mod) District. The
compatibility of a use with Highway Commercial
the surrounding Moderate District is
neighborhood, among applicable to the east
other conditions.There is side of Route 9 and does
generally more discretion not allow intensive
in the review of a Special commercial activities
Use Permit than in Site such as amusement
Plan Review. Within uses. The Light
certain districts, Special Industrial Districts have
Use Permits will apply to been consolidated into a
marinas, kennels, adult single district, as have
uses, riding stables and the Heavy Industrial
amusement centers, Districts.
outdoor concert events, 17. Two zoning district
gasoline stations, has been eliminated.
junkyards and The Commercial-
restaurants. Specific Residential (CR) District
standards for certain of and the Plaza
these uses have been Commercial (PC) District
Many areas. zoned CR
are now subject to the
Mixed Use
designation. The PC)
zone has been merged
with the Highway
Commercial(HC)zone.
18. Densities within the
zoning districts have not
been modified, except in
the case of new or
combined zoning
districts. Use Lists have
been prepared in tabular
form to allow easy
ireference. Allowed uses
within the commercial
districts have been
modified to reflect current
nomenclature.The major
modification to residential
use lists is the addition of
marinas to the waterfront
residential districts as a
use allowed by special
permit. Setbacks have
not been modified,
except in the case of
several of the new
districts. This applies
especialty to the Main
Street Mixed Use District,
19. Several properties
have been rezoned
based on the
recommendations of the
1998 Comprehensive
Land Use Plan and the
input of the Town of
Queensbury Town
Board's Zoning
Ordinance Steering
Committee. A listing and
map identifying the
rezoned properties is
available for viewing at
Town Offices,
Darleen M.Dougher
Town Clerk
Town of Queensbury
April 6,2002
Pub.Apr.6,2002
.f 1w d
STATE OF NEW YORK
DEPARTMENT OF STATE
4 1 STATE STREET
ALBANY, NY 1 223 1-000 I
GEORGE E. PATAKI RANDY A. DANIELS
GOVERNOR April 17, 2002 SECRETARY OF STATE
Darleen M. Dougher, Town Clerk
Town of Queensbury
Town Office Bldg., 742 Bay Rd.
Queensbury, NY 12804
RE: Town of Queensbury, Local Law 1, 2002, filed on 04/09/2002
To Whom It May Concern:
The above referenced material was received and filed by this office as indicated.
Additional local law filing forms will be forwarded upon request.
Sincerely,
Linda Lasch
Principal Clerk
State Records & Law Bureau
(518) 474-2755
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