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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 of------------------------------------------------------------------------------------------ vow 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------------------------------------- n r�� and Rep1aceing:.It With A New Chapter 179 "Zoning" -------------------------------------------------------------------------------------------------------------- -------------------------------------------------------------------------------------------------------------- if� Be it enacted by tl1 __ Town Board -_-_--__; ___ of the t:. � NN4t4.ILtra*JpNe Buy)' .-- ' -- --- _t- -�-r!} 3� j----------- TWXt�J �.' Queensbury---------------------------------------- as follows: fiX 4 1I.V U y I If-;ts is Ft ..------- ..1/!1 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 All Local Laws or ordinances or parts of Local,Laws .m. ,&UM&W in contli %ith any part of this Local Law are hereby repealed.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 (SEE SECTJOINS 179-2-D/q1 ar nlav rroo�tf+1t' BUILDING STRUCTURE HEIGHT —THE DISTANCE MEASURED ALONG A VERTICAL PLANE 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. THE I"OF OUEOGO iRY "• wondwdw Ram 1 � Fignre 1 �) na 4U-3 ° ZONING ORDINANCE 1a�0' 'R- l�aag0-I TOWN OF QUEENSBURY ! i CCMIIP tES � „„ 12 E ftw.c (518)3 -CM 7/18/Ol Ef*onmentd Scientists 110 lion SWN ' Clan Fob,Nov York 12UM 39998.00 Pkono: (318)M2-2205 MW OF OUED159URY rAMM COUIIry WW WW 10a (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 179-5-070 FENCES k A B VORMCE , zcw A ALL TYPES OF FENCES UP TO 6- HIGH B ALLTYPES OF FENCES EXCEPT STOCKADE. 4- HIGH MAX. C ALL TYPES OF FENCES UP TO 5' HIGH D MAXIMUM FENCE HEIGHT 3- PROOIJ=BY 1W TM OF OUEEM58 M.MY, KAWW DEPT. ----- CE FEN THE M1 OtaMu a�u O�toe 70 OF oUOMBURY ea kkrMraatar Ra PC90�3t7s "454--SW ZONING ORDINANCE FiG. 3 COr'VIP I 'E$ OR"Park,MY 120� TOWN OF QUEENSSURY & ' pbw w 51 o� FIGURE tat SclanUsts t10 caa T..t Ma ao CNna Ftla,tlw Yer4 12001 Pkonc (51s)s12-2205 TOM OF wAIMM Wts11Y WW WW 3999t1.00 57A (77) Qreembury Zoning Ordinance Adopted April 1.2002 MAX Y _ TOVS ��=r• (saw' SWIM 179-5-070) .E Y ITVIi. a.. Cavan LM 70 ZONING ORDINANCE Fib. 3; . � TOWN.OI=_ QUEENSSURY r c 'rm-on. FIGURE e ..r PNwws '°R°„ w sclondow G (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 (88) Qrre—vb—y Zoning Ordinance Adopted 4dI 1,2002 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 (89) Quembury Zoning Ordinance Adopted April 1,2002 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 (90) Queewbwy Zoning Ordinance Adopted April 1,2002 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. (91) Quee-bury Zoning Ordinance Adopted April 1.2002 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 (92) Q-e-buryZoning Ordinance Adopled April 1.2002 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 (93) Queensbury Zoning Ordinance Adopted April 1.2002 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 (94) &e—vbury Zoning Ordinance Adopted April 1,2002 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. IA,I Queensbury Zoning Ordinance Adopted April 1,2002 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. (96) &eensb-y Zoning Ordinance Adopted April 1.2002 § 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 (97) Queensberry Zoning Ordinance Adopted April 1.2002 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. (98) Queen"?Zoning Ordinance Adopted April!.2002 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 (99) Queensbary Zoning Ordinance Adopted April 1,2001 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. (100) Queensbiny Zoning Ordinance Adopted April 1,2002 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. (101) &eensbury Zoning Ordinance Adopted April 1,2002 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 (110) ey CA. } 11�M' f fi I F ����x3e' � �{ i•� -s a } x a �{� k ff. ,i� � � T . r4 it ,? •da3i�"s.��i3YSEaX+u{. ��.�'h,br..T.�.�zr�;� _ r . S Queensbury Zoning Ordinance Adopted April 1,2002 I e 6 _ ILE' N �1 Y y a 12 WL s 5¢ 1 1 � : a w Z 94B (112) 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 t H I { (116) Queensbury Zoning Ordinance Adopted April/,2002 1 „ MR ;r- �v ,=a 's �IF Quembury Zoning Ordinance Adopted April I,2002 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) *t_° sit' � � f�caisw�v�ta�r►' u+wawrar s A 7 III H } Aid �r 4`4100917 'l�i.*`.i��:�i st'�6� ��.��+,1 ■■■ }�'�s �1{"n C,��L'"�?;1��'4.;1..�� y.z,.� ` � r"; i f�g3�c f ,t rim Ulu Mel Asti�. yy a ��.^ �� �..T_ __ � it i�• �. td t` �', rsAeergme�s� w� s p ` ; v �ensbwY7009 1 Adopted Aprili { { • 1 Mot i t.{ { r � �r o �12�) N Q LIGHTING' Ap O CL ,V (9 y +---- TREES 35' ON CENTER O NYS ROUTE 9 pp — SCREENING HEDGE ' Yl TURF/ANNUALS I' PERENNIALS N''t v 1V 1!/r WAt WITH MULCH . +�ti ttT�,A�n•1tNY1••rtWt�t�r•. Ahw P4411 GRASS AREASIDEWALK LANDSCAPED BUFFER 18" MIN. 5' MIN. 8' MIN. --------•{ w iy° low of oulmomy"R oumims I FIG. 1I UPPER ROUTE 9 �)'454-'3M �^R lM BY��/-„33 aw STREETSCAPE Ua+nNc g o0 y I A a TREES 35' ON CENTER NYS ROUTE 2 i V « SCREENING HEDGE YUWPIER ANNUALS I GRASS AREA SIOEWALK LWSCAPEO BUFFER 4' MIN. 8' MIN. 8' MIN. ---+{ Q I FIG. 12 LOWER ROUTE 9 Ny`"a° ""'" ��°"" " STREETSCAPE 'anon Ps%" " �+��+�. towM M awrmr Mcw rams 39998 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 tx re t` j `. `.chi^•' .1-r a+:.3*''T,. „ .�_ �,,, zt - �� .y � mob.-.• ��r:. _ _ ' IA (127) bury 2002 Adopte CP -' Y .• �;S �1281 ti g 0. OUWMS 916MAGE � rf: U*OR STONE `,i.••' Cp,Y. .{�.h., ;Y .' Y fi :dry' ^ 4 E •hA ftrtr xq . �' K '',y eT.h"n".i'.'ie,.:� ^' WiW.v Y,T�:,�,'�lxs,• r$n Queensbury Zoning Ordinance Adopted April 1,2002 : . . 'T:a :?;as�'�OZ''h• 'r` .. ".k'°. >:'tr2<Y `7�zF..'�2:_.L^_t'a� _ _ >3 (130) Queensbwy Zoning Ordinance Adopted April 1,2002 ;.,. 7. •l.. - - _.�..•sue' � _ Tt Y y , r xµ A ��' �- ' �' '� `!��_ h3+., v#.i✓��tiP aF y' �i3��4} F =fix,.` m .,. M'7 vki WORNtln Ui 0�a�WSJ �4 ' '4Y ^ ',- �+ 1 `g�v4'a 1� w. �• s_'a „irk '� S Ma`ak r .f/q�fi •aS�.('' d -a'"� 4 'ax'�4-r•3 y, �"� 1, n Z # is }A 1 f gnaw too! i y `4 we",. M L � Phi yy�� tAll A aL PRIMARY SON (TYPICAL) (La. SHOP CENTER NAME) WOODEN POSTS W W yf v ,M VaW��d� � �\A. �'A�+1/�+�'�M/Y6i�/�Iv+A�t•�1+1+��+it� A/>�YP .�f6Y�l �iYi3Y 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 f, . lip aim WWI' toll (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 I 1 1 11 qVM�ryM�TryY�} 1 ---- — m •J I 1 — ,� —a_.. AL ———— / rn L.KOPONAPE 1 ; AS�PMM GENERAL GUIDELINES: u•ipm�*No*wcooe 1 toT oo►or°w.ios 1�--� t to t sToeY atwucTu�es i IfT•--� �pj ❑ —eon w000 c ro� � ••1 i�l tJ -NO MT Il001= 1 ' -[ARiN 10Ne exmeae toLORs ' 30W LONG ; 1 �LOCAAat`AK YIIOMT 1 11 �W = LRr0.1 LIOMT • 1 11 1 U►1/T YIM!0 xqL K • 1 1 �w mu«e1g11ANLt , 1 ..1..•.1 1 _. rwrpt Kpw wa 1N iea�T wAr� 1 T a WAY WAaa OOClf Mp I 1 CRAM mam== Lim �L iwN v ouwikm aeon smntruea Co..s.a Y• r_,�"•�', aionici •` :. ROUTE 149 AND RIDGE ROAD '�ii LAYOUT �. __.. .. Tow. Of 09904MAY. NEW Yow PIG. 21 O 0 n "F g 2 cw!e.A" 1,20 Atto¢�AP 4 4 O O® b^ C7�Z s w a z 441 s o. tt ..r "1028 �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 _ 107AL WM" OF SOUANE FEET OF PA ONG SPADE� $� MOEV"P AM" SPACE 07; M11ERIOR PARKING SPACE wx .:TO SE LANDSCAPED ^Za Y.ke Elm �TH (1)12 sum 11m 2 1 Oc INIERM PMKM LOT LANDSMWED AREA "7 SF TOTAL AREA LANDSCAPEDw 12M2 SF (CUMED Mt1E100R ISLANDS) . ThIE _ "'. ZONING ORDNANCE COW $ TOWN OF QUEENMRV tswy r'-°a' FIGURE qeeEw*onmo"Scknti a pw vaw w+rwr �ma . vAac.(ats�at-taoa. wm or (144) t, :,", .�.�-. ...a::> �'r r..vi:'r:*,E�'i;, ��i�t •�:S:, n��.,'�.,4� �.r���.�• ,�, �V ��c p Ra R ! ��^•e •;'' t .}'-,7 T ` ,5 {.::.!+ ',• 'aril!: Y 14 ROW .. +it. ` i�� y"��icy .,�;�,"i;};�s y... ...,4:,.i'y;•��.3.E.. .� .t'.. .in .� O �' .;'S'1+[i' r '-f [u,?. `�. ,E,• 'G.s ,�x .i'� ,z�,r�}ka•., �,a� @' � i., .;�r. � ;a'y y�,t;ya� :"�•':' 'Ks,�r�`..1 fi,i ��Y,'' � .�.. 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 • (AREAS A DISTANCE OF 50' FROM STREET RIGHT—OF—WAY OR GREATER DO NOT REQUIRE A BERM OR EVERGREEN HEDGE) t. to' LANDSCAPED 87MP 20• EVERGREEN HEDGE OR FEET FROM DRIVEWAY AND 3 EVEN REOUIftED AT PARICNIG STREET WERSECTION MATH LOT EDGE'ADJACENT TO S.T. REO MZED 12 TREES FOR 3000 LF ELM ROAD PROPOSED C] <NINtQ p uj W J a a (Ltlllll(llIIlIlllll111 . *SEE SECTIONS AND ARTICLE Vlll THE pwaw-cmuftew o 4ow11 or*Aa)v rR+r na woven.-w and Po eat 3472 Gf NY MW P �)45+-MW ZONING ORDINANCE FIG. 25 COMP IES 107 °'dt 1 TOWN OF QUEENSBURY 140 Pau, . Ross deft P%m (518)3"-OM FIGURE 7/1a/�01 a@"raft o� d Sdalusts 110 can Sa a P`• a& Ckm Fist.Now Yak 120M p0"11•'s Phan (518)812-2205 70vm r out>Nse11aY MOW NEW YORK ' 39998.00 107C (146) Queensbury Zoning Ordinance Adopted April I,2002 .'-• z:.�:e _ ,:'4 :�^. .:°a.a Eye L,�.^s .�rl Nw.t:.,. [!I• � =-7 wi�' �'"y,I Et'1'i `.��,K(���i•wi��. Y��• �;` - '`rif:Tc"— ,J. , :'t-�. •A:+...1��'t'3' _("•••,'•`'••�•,' !�t���MF:�'r •�Fw.+Y. _(F-•x T, " TREE SPECIES 70 K SMECTM {#' tis ACCOFMMl6 TO News THAT �',♦{;DO NOT W7EIWVIE 111FAt OW&MEl1d unuiim 28;:•_ =AL TREES TO K A WROM DISTANCE OF 3W AMr11Y FWM ALL AWACENT �� ;'ice. ^•„s..F��:ti .I MM?INIERSEC710N! CR Hr YAM[tAY FIiOY ANY DRnE111IAYf81pf£T •� ,�,.,.;,�_;;`;,_ . Or } SHRUB HEIGHT ATE 11Al0iKJAI y HEIGHT ANIVE _ - TREE FOLVa 7O EOM OELOW 1D' : 1180VE THE ESToYLISNEO SRIZ ORAOE. NOW - - + + TOWN OF GUEENSSURY a 8 01 mFhAomaa eal swmua. (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 n, .. . is� K1"�EJf� �FRsuk jq, 1' 10 (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 _ - 4. r . � •'�� ' _ �-:�•=���'`� ,- 1ST Q'T E��_g �t;- . _ .. T . cam ARME *M DIY NNW Ram me p0010"K . 40 N�1RI� {M�6 OCM- MO!" UIW apt IM IBI/IiY lit CSM*y k�`€�{M sM111B{9V&EI A{ 1YIINMII �YY�e4�i{101(D�Y�M�ItIK :_,-i r�Q��IIIOMO[RMOWB IF71OMt MMMGgCrY {. IYIM MOW"am OK MOOT W{{pI UK=1 to _^-,.�A��-�tiiE-CIO{IODNfC OUfY[71[{Ir y� M� {MY14 �WR. R MIMR MII YlM{�.�{•Y r /tJIM{1{119MK/110�1 6YYY 70 MAIM 11Bf AIIC{AQ ,.. A p Mp{fpR WMt tA1Pbl{00'It{R iM► 3 7{OiHICC 78 MOf iRYK/40 DNLW%LAK{II A Ig10Y{ I�y01i 11 7MIIt fN - OR f10{O{i71p1UC{0�1 IM161IIilf�+M01 {YR 111Yi~�� Y�OfAk Y 0�0►- ,,.J.� .' CIICM 11MoIf YOAq OR CYIrw iC1M{CNIO R MR IM/O{MOE R MM'A�MLOR OOMIAIYI{.{�OM71{IK i1 Uri[ i i�l�Ot YYIO[A PM&A l M MM mw OOMCQImm IM ii//O1{I{4a IRMU� __°',•." •. 7Si liOba SWOT UK or M/� 1t wl u[Imm Y,w i w re per*r�iORM YiK 0000 ,lam``•. 70l101Y 98%{OY/Fc"OYOY 1170C fYilsli CMC O »MOC�r%i� I•YIM►lYMMHIt . • MW MOIWIMM M MAY C{YSOMM0/O MO/O MOM . /8{IM IM{'�MM EYYCAip>E A IIOIMZMIMi!A MYf .. • •{MgKH IfJ{OHO{ MIMIIO{IME>A'110M1{Y{IIIO MO OMO sm A OT 1{{H� �K110[ AM4 Y MMN W" 1111 w�• �aColo, . ':r;A AOOIYi MM M M WILL MG{OIM=/OOOL I M IOC y�=i, .ft M� y�y{wH4�{ OipOAMM IMIO fIAN IAMML YDIR O/Yt/E7PI{ is MOMO R - ow WCAM IMHCf M OJOIO A OHM/{YO IBOGH:UM- tomm o YL I OM MMM noAUIMAWY MMRbrC A "" 'Vi.:". x• s'"�R-=�`;:�+.iA-�"a cf^•T'" L- .;,' MOMM1p1 i K1M OgOAV M01 no 1 O II{C 1�?'r,.-`.- ,F•' < .: ; .. MIc{cIL OM MM01{MMOMCMOLY 7 MIOf.{MOI n1O/ (JAMa''w ZOMM ORDNANCE F140-20 TOIMI'1 OF QUEENSBURY FIGURE �. 7/18/IDe p t SSA (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) Queensbury Zoning Ordinance 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) r' =l = � u•� b ,_ ►�r�•,�s1 ref pr / � . sit rid MIANLI AP kA j 000Al 1 . <u, e a , , r �j � (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 LL:cb ,I WWW DOS.STATE NY US E-MAIL INFO@)DOS STATE NY US RECCfD PnPEa t Postal (DomesticCERTIFIED MAIL RECEIPT Only; Provided) w ru r- Postage $ ruCertified Fee ,�D a !/ «'1 Postmark Return Receipt Fee Here (Endoryment Required) .`j 0 d Restri(,ted Delivery Fee O (Endorsement Required) 4 0 Totalk4stage&Fees $ Y"S 0 Lam!) Sent T``Qr-� < r" � J- '� ` - ---------- ------ - Street,Apt.No.. � or PO Box No. p E ---------- {J C3 Cdy,S ZfP+ t`- SENDER: COMPLETE THIS • ' ■ Complete items 1,2,and 3.Also complete A. Received by(Please Print Clearly) B. Date of Delivery item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse C. Signature so that we can return the card to you. ❑Agent ■ Attach this card to the back of the mailpiece, X R 9 or on the front if space permits. ❑addressee D. Is delivery address different from item . ❑Yes 1. 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