LL 04 Amend Ch. 179 Zoning "Drive through Windows" Exit 18 STATE OF NEW YORK
DEPARTMENT OF STATE
ONE COMMERCE PLAZA ANDREW M.000MO
99 WASHINGTON AVENUE GOVERNOR
ALBANY,NY 12231-0001 ROSSANA ROSADO
WWW.DOS.NY.GOV -_-ACTIM SECRETARY OF STATE
May 24, 2016
Karen A O'Brien
Deputy Town Clerk 1
742 Bay Road
Queensbury NY 12804
RE: Town of Queensbury, Local Law 4 2016, filed on May 24, 2016
Dear Sir/Madam:
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local law filing forms can be obtained from our website, www.dos.ny.gov.
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State Records and Law Bureau
(518) 473-2492
NEWYORK Department
STATE OF
OPPORTUNITY. of Crate
New York State Department of State
Division of Corporations,State Records and Uniform Commercial Code
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` Local Law Filing Albany, at 12231-0001
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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 EjTown OVillage
(Select one.)
Of Queensbury
Local Law No. 4, of the year 20 16
A local law To Amend Queensbury Town Code Chapter 179 Entitled "Zoning" To
(Insert rifle)
1 ) Provide for "Drive Through Windows" at Businesses in the Main Street
Zoning District Under Certain Conditions and 2) Adopt Provisons for
Determining Setback Requirements for Corner. Lots Abutting Main Street
Zoning District
Be it enacted by the Town Board of the
(Name of Legistafive Body)
❑County ❑City [Town OVillage
(Select one:)
Of Queensbury as follows:
Section 1. Intent; Authority — The Town Board wishes to provide for drive-through
windows in some areas of the Main Street Zoning District within the Town of Queensbury under
certain prescribed conditions and wishes to establish provisions for determining setback
requirements for comer lots abutting Main Street in the Main Street Zoning District. 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 add a
new definition in subsection(C)as follows:
C.
DRIVE-THROUGH WINDOW — Facilities that by design, structure, service, or by packaging
procedures encourages or permits customer to receive services, obtain goods, or be entertained
while remaining in their motor vehicles.
(if additional space is needed,attach pages the same size as this sheet,and number each.)
02394--1 (Rev.06112) Page 2 of 4
B. Section 179-3-040, entitled "Establishment of zoning districts" subsection (B)
"Commercial districts,"subsection(5)"Main Street"is amended at section(b)[2] as follows:
(b) Dimensional requirements. All uses in this district must comply with the
requirements of Table 1 of this chapter and as follows (Note that all are minimum requirements
except building height and size which are maximum restrictions.):
[1] (Reserved)
[2] Front yard setback:
A. 40 feet to 100 feet as measured from the center line of Main Street. See
related building height minimums below and §179-7-070(B)(1)(c). The
building setback for lots that do not have frontage on Main Street is 20 feet as
measured horizontally from the property line.
B. Corner lots abutting Main Street shall be deemed to have two front yards: one
front yard on the side of the lot adjacent to Main Street and the other front
yard on the side of the lot adjacent to the street, road or public right-of-way
intersecting Main Street. The required building setback for the front yard
adjacent to Main Street shall be as specified in §179-3-040(B)(5)(b)(2)(A),
above. The required building setback for the front yard adjacent to the street
or road intersecting Main Street shall be equal to the actual distance as
measured horizontally from the building, or proposed building,to the property
line on the side of the lot adjacent to Main Street. The setback requirements
for the other sides of such corner lots shall be consistent with §179-4-070.
(See §179-4-070(B), Corner lots fronting on Main Street).
C. Section 179-4-070, entitled"Lots bounded by two roads or road and shoreline" is
amended to add a new section(B)as follows:
A. 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 a 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.
B. Corner lots fronting on Main Street. Where a lot is bounded by Main Street and
an intersecting street or road (a public road or public right-of-way exclusive of a
private right-of-way), front yards and front setback requirements shall be
determined in accordance with the requirements of§179-3-040(B)(5)(b)(2). The
property line abutting and shared with an adjacent property also fronting on Main
Street shall be considered a side lot line. The property line abutting and shared
(2)
with an adjacent property which also has frontage on the street or road intersecting
with Main Street shall be considered a rear lot line. (See Figure X below).
ie-, 4"Y=
Rear Rear
Front Front
IY` t
Figure X.• Corner lots in the Main Street zoning district
D. Section 179-7-070, entitled "Main Street (MS),"is amended to add a new subsection
(5)as follows:
B. Site organization.
(5) Drive-through windows.
(a) Drive-through window facilities may be approved in the Main Street
district when developed in accordance with the following standards of
this section:
[1] Any drive-through window shall have an exit lane onto a town
road serviced by a signalized intersection. Drive-through windows
where traffic exits directly on to Main Street/CR28 are prohibited.
[2] A traffic study shall be required describing peak hours of
operations, volume of customers per hour, stacking lane length
needed for the anticipated volume of drive through vehicles,
turning movements, roadway capacity and level of service of
nearby street intersections.
[3] Drive-through lanes shall be clearly defined by pavement markings
and directional signage.
(3)
[4] Ingress, egress and stacking spaces shall not adversely affect:
a. The safe use of the required fire lanes, parking spaces and
their required drive lanes.
b. Vehicular and non-vehicular traffic circulation and safety
both on-site and on adjacent public right-of-ways.
C. Section 179-7-070, entitled "Main Street (MS)," subsection (F) "Architectural
design," subsection (3) "Fagade treatment and fenestration"is amended to delete subsection(1)as
follows:
,.for-Inter-state 87
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 by the office of
the New York State Secretary of State or as otherwise provided by law.
(4)
(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. 4, of 201 6 of
the(QjM%M0)(Town)(yIdW)of { ueensbury was duly passed by the
Town Board on 5/1 6 20 16/, 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)(fown)(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)(permissive)referendum,and received the affirmative
vote of a majority of the qualified electors voting thereon at the(general)(special)(annual)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)(ViIlage)of was duly passed by the
(Name of Legislative Body) on 20 ,and was(approved)(not approved)
(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-02394-1 (Rev.06112)
(5)
r
6. (City local law concerning Charter revision proposed by petition.)
I k ereby 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 offi I that the same is a
correct transcript therefrom and of the whole of such original local law,a as finally adopt d in t manner indicated in
paragraph , t above.
Clerk of the county legislative body,City, own of Village Clerk or
officer designated by local legislative body
(Seal) Date: ro OLU I oZO((o
(6)
DOS-0239+1 (Rev.06112)
TOWN OF QUEENSBURY
"Home of Natural Beauty...A Good Place to Live" Settled 1763
May 18th, 2016
New York Department of State
One Commerce Plaza
99 Washington Avenue
Albany,NY 12231-001
To Whom It May Concern:
Enclosed please find a copy of Local Law 4,2016 To Amend Queensbury Town
Code Chapter 179 Entitled"Zoning"To 1)Provide for"Drive Through Windows"at
Businesses in the Main Street Zoning District Under Certain Conditions and 2)Adopt
Provisions for Determining Setback Requirements for Corner Lots Abutting Main Street
Zoning District that was adopted at a Regular Town Board Meeting on May 16th,2016.
If you have any questions please feel free to contact our office.
Respectfully,
Karen A. O'Brien
Deputy Town Clerk I
Town of Queensbury
Enc.
cc: General Code Publishers
742 Bay Road ♦ Queensbury,NY 12804 ♦ Phone: 518-761.8201 ♦ www.queensbury.net
ca TOWN OF QUEENSBURY
"Home of Natural Beauty...A Good Place to Live" Settled 1763
May 18th, 2016
Warren County Planning Department
Warren County Municipal Center
1340 State Route 9
Lake George,New York 12845
To Whom It May Concern:
Enclosed please find certified copies of the following:
1. Resolution Adopting SEQRA Negative Declaration for Proposed Amendment to
Town Comprehensive Plan and Related Changes to Town Zoning Law with SEQRA
document Part 1,Part II, and Part III.
2. Resolution Approving Amendment to Town of Queensbury Comprehensive Plan
with copy of Amendment to Town of Queensbury Comprehensive Plan.
3. Resolution Enacting Local Law 4 of 2016 To Amend Queensbury Town Code
Chapter 179 Entitled, "Zoning"To: 1)Provide For"Drive Through Windows"At
Businesses in the Main Street Zoning District Under Certain Conditions and 2)Adopt
Provisions for Determining Setback Requirements for Corner Lots Abutting Main Street
in the Main Street Zoning District with copy of Local Law No. 4,2016
That was adopted at a Regular Town Board Meeting of the Town of Queensbury on May
16`h, 2016.
If you have any questions please feel free to contact our office.
Respectfully,
j.".,
Karen A. O'Brien
Deputy Town Clerk I
Town of Queensbury
Enc.
742 Bay Road ♦ Queensbury,NY 12804 ♦ Phone: 518.761.8201 ♦ www.queensbury.net
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--------------
LL No. 4-2016
Town of Queensbury
742 Bay Road
Queensbury, NY 12804