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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: The above referenced material was filed by this office as indicated. Additional local law filing forms can be obtained from our website, www.dos.ny.gov. Sincerely, 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 One Commerce Plaza,99 Washington Avenue ` Local Law Filing Albany, at 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 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 d O � . 3 QO994,@2 oy5 y T d9 L P m q - � m 9 L � N 2� r `� • ' • �P9� s aAtes ee •`:r� De�t�ery � tuce D „te; 17 N°�tn C8VeTS8 all ���tCt 03 NeN •GOM\ete nose a�a a �oardtXOAth mat\ \{Zj end �cu • pn t to co Yea thg'00P -Its. • so c�tvi\09 rd`Spare pg ♦ P Ohthg AsA to• � ��r QpdorttY eds t OWt'ete Yl,�'' � edvet" oRe"ha�Go,t ^emo fit. ,.o poP rogova Detv�v oos, g6 o 1 ` r,,�e Ia eb 2 4y�� �gO�g� ns f`0m�p1 `'?b 5s NUm�v 1� 2 Z�3$ �'Ppd\ZptS pS F°ttr --aEADER: COMPLETE THIS SECTIONCOMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3. A. .SI ■ Print your name and address on the reverse X 0 Agent so that we can return the card to you. ' ❑Addressee ■ Attach this card to the back of the mailpiece, B. Received by(Printed Name) C. Date of Delivery or on the front if space permits. 1. Article Addressed to: D. 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Barber: i 0a nay been rt%eved r3r'i vigils Oe WJi of-,S!A fa' il,Omexi in your Code as supplemental pages(where applicable): -------------- LL No. 4-2016 Town of Queensbury 742 Bay Road Queensbury, NY 12804