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LL 05 2003 Special Use Permits & Preexisting Uses A i 1 •,Fkc i� STATE OF NEW YORK DEPARTMENT OF STATE 4 1 STATE STREET ALBANY, NY 1 223 1 -000 1 O GEORGE E. PATAKI RANDY A.CDANIELS GOVERNOR January 9, 2004 SECRETARY_©5 STATE Darleen M Dougher, Town Clerk Town of Queensbury ►— Town Office Bldg. 742 Bay Rd. o Queensbury, NY 12804 0 RE: Town of Queensbury, Local Law 5 & 6 , 2003, filed on 12/18/2003 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 WW'N.DOS,STATE.NY.US • E-MAIL" INFO@DOS.STATE NY US Aec--anger+ Local (LW Filing MW YOMSTATE DEPM MENT OF STATE 41 STATE STREE'1;ALBANY,NY 1=1 (Use this form to®e a local law with the SeavtuT of State.) lbxt of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. Xt�lll#X,'1C . X ----•----QUEENSBURY ,X or--- --- ------- ------------------- Town *WX Local Law No. 5 ----- of the year 20-0-1- TA local law_O AMEND TOWN CODE CHAPTER 1j9-_''2fiM °-.IU-BEVySE „N �-1GUq •CQNgE-RNING SPECIAL USE ---------------------------------� PERMITS AND PREEXISTING USES - --------------------------------_----------------------______•__----------------------------- Be it enacted"by the ----- ---- TOWN_BOARD---__-- -------------------------------of the (X of-------------------- QUEENSBURY -------__ as follows: Town MNOX SECTION 1. Queensbury Town Code Chapter 179, "Zoning,"Article 10 entitled "Special Use Permits" is hereby amended by amending§179-10=035 as follows: § 179-10-035. Preexisting uses. A. Substantiated preexisting-uses shall be exempt from a comprehensive Planning Board review and shall be issued a Special Use Permit by the Zoning Administrator. This special use permit shall be considered a permanent permit and may be modified only upon review and approval by the Planning Board. This special use permit shall serve to document the existing status of the project. (1) To substantiate that-a use qualifies for this exemption, the property owner -shall submit a site plan review application depicting the current condition of the project site together with a current permit issued prior to April 1, 2002 from another involved agency. Such information needs to demonstrate that the site is in compliance with the current permit. tie B. Uses which do not qualify for the exemption listed in the above paragraph shall submit information demonstrating that: (If additional space is needed,attach pages the same size as this sheet,and number each.) nnc-'nO(Rev.11/99) \l� w (1) The structure(s) associated with the use were constructed according to the permitting procedures which were enforceable by the Town at the time of construction. (2) The use of the property and associated structures has been continuous, to date, without interruption, since prior to 1981 for marinas and prior to 1967 for all other uses. Consistent seasonal use may qualify as continuous use. (3) The Planning Board shall, upon finding the substantiating evidence valid, complete and satisfactory, issue the applicant a preexisting nonconforming special use permit. This special use permit shall be considered a permanent permit and may be modified only upon review and approval by the Planning Board. This special use permit shall serve to document the existing status of the project. SECTION 2. Queensbury Town Code Chapter 179, "Zoning,"Article 10 entitled "Special Use Permits" is hereby amended by amending§179-10-060(A)as follows: § 179-10-060. Specific standards for special use permits. A. Marinas. (1) All new marinas shall comply with the standards for Class A and Class B marinas as adopted by the Lake George Park Commission in 6 NYCRR Part 646, as may be amended. Class A marinas are permitted by special use permit in the WR-1A 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. (2) All Class A marinas, as defined by this article, in operation as of the date of the adoption of this chapter shall be required to apply for a special use permit on or before January 1, 2004. An existing Class A marina may qualify for a special use permit issued by the Zoning Administrator per§179-10-035. SECTION 3. The invalidity of any clause, sentence, paragraph or provision of this Local Law shall not invalidate any other clause,sentence,paragraph or part thereof. SECTION 4. All Local Laws or ordinances or parts of Local Laws or ordinances in conflict with any part of this Local Law are hereby repealed. SECTION 5. This Local Law shall take effect immediately upon filing in the Office of the New York Secretary of State as provided in New York Municipal Home Rule Law§27. (2) 1 y (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 hereb certify that the local law annexed hereto�ftVfAfs local law No. ____________5. _______________ of 20-03_ of the � wn)( )of---------------------•------------------ ------- ------ was duly passed by the ----------------- on--- ------ 2003•,in accordance with the applicable provisions of law. (Name oJLc;isladvc 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(CountyXCity)(`Ibwn)(V llage)of---------------------------------------------------------------- was duly passed by the ----------------------------------------------- on------------------ 20 ,and was(approvedXnot approved)(repassed after (N"-o/Leairla-Day) disapproval)by the---------:---------------------------------------- and was deemed duly adopted on -------- 20----, (Ekc -CkrejEx�ardhne '1 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(CountyxCity)(1bwn)(Village)of--------------------------------------------------------------- was duly passed by the --------------------------------------------------- on-----------------,_20___-,and was(approved)(not approvWXrepassed after (W_OfLezi'&*-Baay) disapproval)by the------------------------------------------------- on------------------- 20----. Such local law was submitted (Ek—CWExscadvc Or—*) 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(generalxspecialXannual).election held on------------------ 24--_ ,in accordance'bvith the applicable provisions of law. - 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting. referendum.) I hereby certify that the local law annexed hereto,designated as local law No. --------------------------------- of 20_____ of the(CountyXCity)(Town)(Village.)of-------------—------------------------------------------------- was duly passed by the -------------------------------------------------- on--•--------------- 20--,and was(approved)(not approved)(repassed after (Name aftesw-d-Body) disapproval)by the-------------------•----------------------------— qn ----------------- 20-- . Such local law was subject to (Ekc6-ChWE--vd-Offl—*) permissive referendum and no valid petition requesting such referendum-was filed as of------------------ 20L--- ,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. 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto,designated as local law No.-------------------------------- of 20--_-_ of the City of---------------------------------------------having been submitted to referendum pursuant to the provisions-of section(36)(37)of the Municipal Home Rule I.aw,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-----------------_ _--, 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 f4ew York,having been submitted to the electors at the General Election of November----------------------20----,pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law,and having received the affirmative vote of a majority of the qualified electors of the cit its 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 Mal 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 therefrom and of the whole of such original,local law,and was finally adopted in the manner in- dicated in paragraph-------�---- ,above. f, Clak of*c County kgWW b*,Chy.7bwa Ciak or oWxw desigmted by bal ie&htke body (Seal) Date: z (Certification to be executed by County Attorney,Corporation Counsel,lbwn Attorney,Village Attorney or other authorized attorney of locality.) STATE OFNUWYORK WARREN OOUN1Y OF 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. side at 1 L. Ra ner Town Counsel 1-dle of QUEENSBURY Town 11�f'X Date: December 17, 2003 ,A, h P9 atg eO 0. OA � �o NO e 4K Zr ♦ � �eo`ym� a�cP gee 1\ VC ehQti T6. ca ommcce Ae ✓ Pec 1 ti Qmy"ao5 o o� etia�9\a � h �;`cPOti T, .y�` l�< 0 General Code Publishers 72 Hinchey Road Rochester, NY 14624 Phone:800/836-8834 Fax:585/328-8189 Email:sales@generalcode.com 12/19/2003 #203166 Ms. Darleen M. Dougher: The following material has been received and will be processed for inclusion in your Code as supplemental pages (where applicable): ----------------------------- Local Law Nos. 5-2003 and 6-2003. Town of Queensbury C/O Clerk's Office 742 Bay Road Queensbury, NY 12804 Sf11 1 ' i tilt,1 Sl"U'litF1i111ii11ililll III 111.141 11[