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LL 07 Amend CH. 179 Main St. Dimensional Rwq. & Special Use Permit Standards New York State Department of State Division of Corporations, State Records and Uniform Commercial Code One Commerce Plaza,99 Washington Avenue Local Law Filing Albany, 12231-0001 www.dos.state.ny,us/corps (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. ❑County ❑City ®Town ❑Village (Select one.) of Queensbury Local Law No. 7, of the year 20 14 A local law Adopting SEQRA Negative Declaration and Enacting Local Law (Insert Title) No. :7, of 2014 To Amend Queensbury Town Code Chapter 179 "Zoning" Relating To Main Street Dimensional Requirements And Special Use Permit Specific Standards Be it enacted by the Town Board of the (Name of Legislative Body) ❑County ❑City [3Town ❑Village (Select one.) of Queensbury as follows: Section 1. Intent; Authority - The Town Board wishes to delete the definition of "Build-to-Lot Width," clarify Main Street zoning district dimensional requirements and clarify commercial mining and extraction specific standards for special use permits. This Local Law is adopted pursuant to New York Municipal Home Rule Law. Section 2. Amendment of Zoning Law - Chapter 179 of the Queensbury Town Code entitled, "Zoning" and known as the "Town of Queensbury Zoning Law" is hereby amended as follows: A. Section 179-2-010 entitled, "Definitions and word usage" is amended to delete the definition of"Build-to-Lot Width" as follows: BUILD TO TOT i ID 14 The-per—eent as measured-by-the building f Carlo width di-vided by the lot width. (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-0239-f-I (Rev.06112) ( 1 ) Page 2 of 4 4 - B. Paragraph [3] of Section 179-3-040(B)(5)(b) entitled, "Dimensional Requirements" is amended as follows: [3] Side yard setback: Buildings shall occupy a minimum of 60% of the lot width as measured by the building facade width divided by the lot width. Where multiple buildings are located on a single lot, the cumulative building facade widths shall occupy a minimum 60% of the lot width. In order to encourage a strong pedestrian environment and downtown experience, zero-foot side yard setbacks are preferred. The Planning Board may waive this requirement wherever this provision would restrict rear yard access for parking due to lot width. The figure below illustrates the building lot width. C. Paragraph G of Section 179-10-070 entitled, "Specific Standards" is amended as follows: G. Commercial mineral extraction and Sand, Gravel and Topsoil Extraction, Commercial. Note that mining and excavation activity may be regulated by the 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. Section 3. Severability — 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. Repealer — All Local Laws or Ordinances or parts of Local Laws or Ordinances in conflict with any part of this Local Law are hereby repealed. In particular, this Local Law is specifically intended to supersede the amended provisions of the current Town of Queensbury Zoning Law. Section 5. Effective Date— This Local Law shall take effect upon filing in the office of the New York State Secretary of State or as otherwise provided by law. ( 2 ) (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. 7, of 20 14 of the (C 6N&)WN)(Town)(I ) of Queensbury was duly passed by the Town Board on 1 2/1 5/ 201 4 , in accordance with the applicable (Name of Legislative Body) provisions of law. 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) (Name of Legislative Body) (repassed after disapproval) by the and was deemed duly adopted (Elective Chief Executive Officer*) on 20m, in accordance w ith 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) (Name of Legislative Body) (repassed after disapproval) by the on 20 (Elective Chief Executive Officer*) Such local law was submitted to the people by reason of a (mandatory)(perm iss ive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(an nual)election held on 20 , in accordance with 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 (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)(not approved) (Name of Legislative Body) (repassed after disapproval)by the on 20 . Such local (Elective Chief Executive Officer*) law was subject to 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. DOS-0239-f-I (Rev.06/12) ( 3) Page 3 of 4 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 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 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and 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 therefrom and of the whole of such original local I n was fi Ily do ted in the manner indicated in paragraph . 1 above. Cler he county legislative body, City, Town or Village Clerk or officer designated by local legislative body (Seal) Date: I -ico- 2a A ( 4 ) DOS-0239-f-I (Rev.06/12) Page 4 of 4 ,y1jtjc STATE OF NEW YORK DEPARTMENT OF STATE ONE COMMERCE PLAZA ANDREW M. CUOMO 99 WASHINGTON AVENUE CESAR A. PERALES GOVERNOR ALBANY, NY 12231-0001 SECRETARY OF STATE s December 26, 2014 Rose Mellon ON 3 Town of Queensbury 742 Bay Rd GuK's 3cE Queensbury NY 12804-5902 RE: Town of Queensbury, Local Law#7. 2014, filed on 12/26/2014 Dear Sir/Madam: The above referenced material was received and filed by this office as indicated. Additional local law filing forms can be obtained from out website, www.dos.state.ny.us. Sincerely, Linda Lasch Principal Clerk State Records and Law Bureau (518) 474-2755 WWW.DOS.NY.GOV E-MAIL:INFO@DOS.NY.GOV TOWN OF QUEENSBURY 742 Bay Road, Queensbury, NY 12804-5902 518-761-8201 December 16, 2014 General Code 72 Hinchey Road Rochester,NY 14624-2991 To Whom It May Concern: Enclosed please find Local Law 7 of 2014, Adopting SEQRA Negative Declaration and enacting Local Law No.: 7 of 2014 to Amend Queensbury Town Code Chapter 179 "Zoning"Relating to Main Street Dimensional Requirements and Special Use Permit Specific Standards. If you have any questions please feel free to contact me at 761-8234. Respectfully, Rose Mellon Deputy Town Clerk I1 Town of Queensbury Enc. "HOME OF NATURAL BEAUTY . . . A GOOD PLACE TO LIVE" SETTLED 1763 (ELTOWN OF QUEENSBURY 742 Bay Road, Queensbury, NY 12804-5902 518-761-8201 December 16, 2014 New York State Dept. of State One Commerce Plaza 99 Washington Avenue Albany, NY 12231-0001 To Whom It May Concern: Enclosed please find the following local law to be filed in your office: Local Law 7 of 2014,Adopting SEQRA Negative Declaration and enacting Local Law No.: 7 of 2014 to Amend Queensbury Town Code Chapter 179"Zoning"Relating to Main Street Dimensional Requirements and Special Use Permit Specific Standards. If you have any questions please feel free to contact me at 761-8234. Respectfully, Rose Mellon Deputy Town Clerk 11 Town of Queensbury Enc. "HOME OF NATURAL BEAUTY . . . A GOOD PLACE TO LIVE" SETTLED 1763 - • ru m m (Domestic Mail Only,No Insurance Coverage Provided) 0 Postage $ lu O Certified Fee 0 Postmark Q Return Receipt Fee Here (Endorsement Required) D Restricted Delivery Fee Er (Endorsement Required) m 0 Total Postage&Fees u'1 O t TO r" -treat,Apt No.; -- �•--- orPO Box No iAUd State.Z%P+4 2002PS Form 3800,June Er rrl • For delivery information visit our website at www.usps.com9---�---- Ln O E' Postage $ ru Q Certified Fee M Postmark p Return Receipt Fee Here (Endorsement Required) Q Restricted Delivery Fee Q' (Endorsement Required) (� co Total Postage&Fees $ i= (= t o r' Street,Apt.No --------- --- or PO Box No. Oly,state,ZlP+4 n , PS Form :rr Jun,2002 ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Si r item 4 if Restricted Delivery is de§ired. ...� ■ Print your name and address on the reverse ❑Addressee so that:we can return the card to you. B. Received by(Printed Narr;��� �D�te f Delivery ■ Attach'this card to the back of the mailpiece, �U1 or on the front if space permits, D. Is delivery address different from item 1? ❑Yes 1. Article Addn ssed to: If YES,enter delivery address below: ❑No 3. Service Type ACertified Mail ❑Express Mail Registered ❑Return Receipt for Merchandise \ ❑Insured Mail 13 C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7005 0390 0002 9054 4349 (Transfer from service label) PS Form 3811,February 2004 Domestic Return Receipt • . . ON DELIVERY ■ Complete items 1,2,and 3.Also complete AJ item 4 if Restricted Delivery is desired. 0 Agent ■ Print your name and address on the reve ❑Addressee so that we can return the card to you. B. Receiv C_,Date of Delivery ■ Attach this card to the back of the maiipiece, s ; or on the front if space permits, c; D. is !very #tmntitem 4? U Yes 1. Article Addressed to: if Y ,en te delivery address below: 0 No ' rse : 3 3�. Sery pa `*Ce i ai Prionly 171111 Express* 0 Registered 0 Return Receipt for Merchandise ❑Insured Mail 0 Collect on Delivery 4. Restricted Delivery?{Extra Fee) CI Yes 2. Article Number ?005 0390 0002 9054 4332 (transfer from service labeo PS Form 3811,July 2013 Domestic Return Receipt AAL -781_R,{)y{(� .gyp {,� f- tiL ! `5...3�> 7 �v'T4 ,f .�ft�t:}4 Rochester, NY 14624 p:800/836-8834 fax:58 2$448$. .'�;_:, , FIVg771 - T , o rx. email:sales@generalcode.com 34 "°Rr• 12/27/2014 #303915 Ms. Caroline H. Barber: The following material has been received and will be processed for inclusion in your Code as supplemental pages (where applicable): - - ------------------------- LL No. 7-2014 Town of Queensbury C/O Clerk's Office 742 Bay Road Queensbury, NY 12804