LL 07 Amend Town Codes Ch. 140 Signs and Chapter 179 Zoning &Revise Town Zoning Map RX Date/Time 11/0112016 12:20 518 473 0730 P.001
11/01/2016 12:10PM 518-473-0730 NYS DOS PAGE 01/01
STATE OF NEW YORK
DEPARTMENT OF STATE ANDREW M. CUOMO
ONE COMMERCE,PLAZA GOVERNOR
99.VNpsHINGTON AVENUE
ALEANY,NY12231-0001 ROSSANA ROSADO
SECRETARY OF STATE
W W W_DOS.NY.GOV
November 1, 2016
Town Clerk
RE: Town of Queensbury, Local Law 7 2016, filed on October 24, 2016
Dear Sir/Madam:
The above referenced material was filed by this office as indicated. Additional
local law filing fgrms can be obtained from out website, www.dos.ny.gov.
Sincerely,
State Records and Law Bureau
(518) 473-2492
�1EwYORK 'Department
STATE OF
OPPORTUNITY. of State
( L TOWN OF QUEENSBURY
"Home of Natural Beauty...A Good Place to Live" Settled 1763
October 19`h, 2016
Adirondack Park Agency
P.O. Box 99
1133 NYS Route 86
Ray Brook, NY 12977
ATTN: Robyn Burgess
Dear Ms. Burgess:
Enclosed please find a certified copy of Resolution Enacting Local Law No.7, 2016 To Amend
Queensbury Town Code Chapter 140"Signs" and Chapter 179"Zoning"And Revise the Town's Zoning
Map with the revised Zoning Map that was adopted at a Regular Town Board Meeting on October 17th,
2016.
If you have any questions please feel free to contact our office.
Respectfully,
4� -- c')
Karen A. O'Brien
Deputy Town Clerk I
Town of Queensbury
Enc.
742 Bay Road ♦ Queensbury, NY 12804 ♦ Phone: 518.761-8201 ♦ www.queensburynet
OL' 4.kc t can
NEWYORK Adirondack l o l t 8 f t b
STATE OF
OPPORTUNITY_ Age
ncy
Agency
i Park
SHERMAN CRAIG TERRY MARTINO ReceiVed by
Chairman Executive Director OCT 17 2016
Town of Queensbury
upervisor's Office
October 14, 2016
Honorable John Strough III
Town of Queensbury Supervisor
742 Bay Road
Queensbury; NY 12804
Dear Supervisor Strough:
I am pleased to enclose a copy of Resolution 2016-03 adopted by the Adirondack Park
Agency at its October 14, 2016 meeting. The resolution unanimously approved the
amendments to the Town of Queensbury Chapter 140, Signs and Chapter 179, Zoning
laws involving LED signs on fuel pumps and Interior Storage Facilities in accordance
with Queensbury's Agency-approved local land use program. Please be advised that
the Town must provide the Agency with a clerk-certified copy of the amendments upon
enactment by the Town.
If you have any questions, please contact Robyn Burgess, Principal Adirondack Park
Local Planning Assistance Specialist. Agency staff look forward to assisting the Town
on future planning efforts.
Sincerely yours,
�p
Terry Ma ino
Executive Director
TM:REB:sas
Enclosure
cc: Caroline Barber, Town Clerk
Robert Hafner, Esq. Town Attorney
Criag Brown, Zoning Administrator
Chris Hunsinger, Planning Board Chair
Steve Jackowski, Zoning Board of Appeals Chair
P.O.Box 99.1133 NYS Route 86•Ray Brook,NY 12977•Tel:518 891-4050•Fax:518 891-3938•www.apa.ny.gov
NEWYORK Adirondack
STATE OF
OPPORTUNITY_ park Agency
SHERMAN CRAIG TERRY MARTINO
Chairman Executive Director
RESOLUTION
AMENDMENTS TO THE TOWN OF QUEENSBURY
LOCAL LAND USE PROGRAM
(Amendments to Chapter 179 & Chapter 140)
October 14, 2016
WHEREAS, the Town of Queensbury (Town) administers a local land use program
(Local Program) conditionally approved by the Adirondack Park Agency (Agency)
pursuant to Section 807 of the Adirondack Park Agency Act, the Agency having
approved the Local Program on August 6, 1982; and
WHEREAS, the Town's proposed amendments will add "Interior Storage Facility" as a
use in the Neighborhood Commercial district in the "Town of Queensbury Zoning Law,"
allow LED signs on fuel pumps in "Chapter 140: Signs" as set forth in the attached
document, "LOCAL LAWS & ORDINANCES\Chapter 140 and 179 - Sign and Zoning,"
dated September 26, 2016 and add a definition of"Indoor Firing Range" as a subset of
the defined term "Sportsmen's Club/Firing Range;" and
WHEREAS, the Town submitted the proposed amendments to the Agency for review
and approval on September 26, 2016 pursuant to Town resolution 322-2016; and
WHEREAS, the proposed amendments satisfy the approval criteria set forth in Section
807(2) of the Adirondack Park Agency Act; and
WHEREAS, on September 26, 2016, the Town Board, as lead agency, issued a
negative declaration pursuant to the State Environmental Quality Review Act finding
that the proposed amendment would not have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the amendments to its Local Program is
hereby approved by the Adirondack Park Agency; and
BE IT FURTHER RESOLVED that upon adoption of the local law, the Town shall
provide a copy of the final version of the document to the Agency's Planning Division so
that the Agency may update its copy of the Town's local laws; and
BE IT FINALLY RESOLVED that the Agency further directs its staff to continue to
provide technical assistance to the Town on its Local Program plan and to coordinate in
the review of projects of regional significance.
ToWN OF QUEENSBURY
"Home of Natural Beauty...A Good Place to Live" Settled 1763
October 18`h, 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 7, 2016 along with a revised Town
Zoning Map To Amend Queensbury Town Code Chapter 140"Signs" and Chapter 179
Entitled"Zoning"and Revise the Town's Zoning Map that was adopted at a Regular
Town Board Meeting on October 171h, 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
(9L TowN'
OF QUEENSBURY
"Home of Natural Beauty...A Good Place to Live" Settled 1763
October 19th, 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 copies of the following:
1. Resolution Enacting Local Law 7, 2016 To Amend Queensbury Town Code
Chapter 140 "Signs"and Chapter 179 "Zoning"and Revise the Town's Zoning
Map
2. Local Law No. 7, 2016 To Amend Queensbury Town Code Chapter 140 "Signs"
and Chapter 179 "Zoning"and Revise the Town's Zoning Map
3. Revised Town of Queensbury Zoning Map
4. Warren County Planning Department Project and Review and Referral form
Reviewed by Department on September 14, 2016
That was adopted at a Regular Town Board Meeting of the Town of Queensbury on
October 171h, 2016.
If you have any questions please feel free to contact our office.
Respectfully,
r-Kc-,- Q,
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
RESOLUTION ENACTING LOCAL LAW NO.: 7, OF 2016 TO AMEND
QUEENSBURY TOWN CODE CHAPTER 140 "SIGNS" AND CHAPTER
179 "ZONING" AND REVISE THE TOWN'S ZONING MAP
RESOLUTION NO.350,2016
INTRODUCED BY: Mr. Brian Clements
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.William VanNess
WHEREAS,the Queensbury Town Board wishes to consider adoption of Local Law No.: 7,
of 2016 to amend the Zoning Code and the Sign Code and to amend the Town's official zoning
Map (the "legislation"), and
WHEREAS, before the Town Board may amend, supplement, change, or modify the
Town's Zoning Law, it must hold a public hearing in accordance with the provisions of the
Municipal Home Rule Law and the Town of Queensbury Zoning Laws, and
WHEREAS, in accordance with General Municipal Law §239-m, the Town must first refer
the proposed Zoning Law amendments and obtain a recommendation from the Warren County
Planning Department before enacting the legislation, and
WHEREAS, on or about September 15, 2016, the Warren County Planning Department
considered the legislation and determined that there would be no County impact, and
WHEREAS, the Town must obtain approval of the Adirondack Park Agency for the
proposed revised Sign Code and for certain revised sections of the proposed Zoning Code affecting
land uses within the Adirondack Park prior to adoption, and
WHEREAS, on or about October 14, 2016, the Adirondack Park Agency considered and
approved the legislation, and
WHEREAS, the Town Board duly conducted a public hearing concerning the legislation on
Monday, September 26t", 2016, heard all interested parties, determined that the proposed legislation
would not result in any large or important detrimental impacts nor a significant adverse impact on
the environment, adopted Resolution No.: 322,2016 adopting a SEQRA Negative Declaration and
closed the public hearing, and
WHEREAS, the Town Board has considered the conditions and circumstances of the area
that would be affected by the legislation,
NOW,THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves and adopts Local Law No.:
7, of 2016 to amend the Town Zoning Code and Sign Code and to amend the Town's official
Zoning Map accordingly, substantially in the form presented at this meeting, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Queensbury Town
Clerk to submit the approved Local Law No.7, of 2016 and the official Town Zoning Map, as
amended, to the New York State Secretary of State for filing, in accordance with the provisions of
the Municipal Home Rule Law, and acknowledges that the Local Law will take effect upon the
Town Clerk receiving confirmation of the Local Law's filing by the Secretary of State,and
BE IT FURTHER,
2
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to send a
copy of this Resolution and a copy of approved Local Law No.7, of 2016 and the Town's official
Zoning Map as amended to the Town Planning Board, Town Zoning Board of Appeals, Town
Zoning Administrator and Warren County Planning Department in accordance with §179-15-
080(D)of the Town Zoning Law, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Clerk, Director
of Planning, Zoning and Code Compliance and/or Senior Planner to take any other actions
necessary to effectuate the intent and provisions of this Resolution.
Duly adopted this 171h day of October, 2016,by the following vote:
AYES Mr. Metivier, Mr. Clements,Mr. Irish, Mr. VanNess, Mr. Strough
NOES None
ABSENT :None
I.Karen A.O'Brien,Deputy Town Clerk of the Town of Queensbury,Warren iounty,
New York,do hereby certify that I have compared tqe foregoing with the
original resolution as listed above adopted at a 1—,q cr--. meeting
of the Town Board of the Town of Queensbury held on the 1 � day of
2p(dt which a quorum was present and that the
same is a correct transcript therefrom and of the whole original thereof
to date,
IN 11'ITNESS THEREOF,I have hereto set my hand and the SEAL of said Town
of Queensbury,this 1Cj4-, day of ZO 1 �0
SEAL SIGNED?
Karen A.O'Brien
Deputy Town Clerk
Town of Queensbury
3
New York State Department of State
Division of Corporations,State Records and Uniform Commercial Code
w One Commerce Plaza,99 Washington Avenue
Local Law Filing Albany, NY 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 OVillage
(Select one.)
Of Queensbury
Local Law No. 7► of the year 20 16
A local law To Amend Queensbury Town Code Chapter 140 "Signs" and
(Insert Title)
Chapter 179 "Zoning" and Revise the Towns Zoning Map
Be it enacted by the Town Board of the
(Name of Legislative Body)
❑County ❑City ®Town ❑Village
(Select one)
Of Queensbury as follows:
Section 1. Intent; Authority — The Town Board seeks to amend the Zoning and Sign
codes and to also assign a zoning district designation to three (3)parcels of land that had no prior
zoning designation. This Local Law is adopted in accordance with New York Municipal Home
Rule Law.
Section 2. Amendment of Sign Law — Chapter 140 of the Queensbury Town Code,
entitled, "Signs" and known as the "Town of Queensbury Sign Code" is hereby amended as
follows:
A. Section 140-3, entitled "Signs allowed without permit" is amended in subsection
(Q) as follows:
Q. Price signs required on fuel pumps by New York State or federal law, not to exceed the
minimum size requirements established by said state or federal laws. If such a sign uses light-
emitting diodes (LEDs) to display prices (sometimes known as an"LED price sign" or an"LED
variable message price sign"), it may be permitted subject to the following restrictions:
(1) Flashing, animated or variable color LEDs and signs are prohibited.
(If additional space is needed,attach pages the same size as this sheet,and number each.)
DOS-0239-f-1 (Rev.06/12) 0 ) Page 2 of 4
(2) LED price signs shall show the pump unit price of the fuel(s) only. All other
informational content is prohibited.
(3) The maximum permitted horizontal illuminance shall not exceed 0.1 foot candles. The
property owner, lessee or manager responsible for the fuel pump(s) must have on site
and produce upon request a manufacturer's certification that each LED variable message
price sign in use meets this standard.
B. Section 140-5, entitled "General Standards and regulations" is amended in
subsection(B) as follows:
B. Illumination. All illuminated signs shall employ only lights emitting a light of constant
intensity, and no sign shall be illuminated by or contain flashing, intermittent sequences or
moving lights. No bare lamps, bare bulbs or fluorescent tubes shall be allowed. No bare lamps or
bare bulbs on a string shall be allowed. All exterior sign lighting shall be downcast with cutoff
fixtures. The provisions of this subsection shall not be applied so as to prohibit a sign changing
to show time or temperature. No sign shall use reflective material which sparkles or glitters.
Signs known as digital billboards, electronic display panels and similar LED digital advertising
displays shall be prohibited, with the exception of price signs on fuel pumps as required by
applicable State and/or federal laws. [See §140-3(Q)]
C. Section 140-7, entitled"Standards for specified zoning districts"is amended by
adding the following subsection:
C. Neighborhood Commercial Zoning District:
(1) Windows signs. Window signs are prohibited for Interior Storage Facility uses.
Section 3. 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 amend
and add definitions in subsection(C) as follows:
C.
FIRING RANGE - A facility for target shooting with firearms for practice or training. See also
FIRING RANGE, INDOOR.
FIRING RANGE, INDOOR — An indoor facility where firearms are discharged at targets for
training or practice purposes, and which is designed so that bullets or other projectiles fired at
targets are safely prevented (by means of backstops and/or other barriers) from going outside of
the facility.
(2)
INTERIOR STORAGE FACILITY—Utilization of an existing structure by an owner or lessee of
the owner for rental of space for storage of items of personal property. Warehouse use, with the
exception of storage of commercial office files, is specifically prohibited. Any interior
modifications of the structure to create secure rooms or partitions shall not be visible from the
exterior of the structure. Access to storage areas within the Interior Storage Facility space shall
be through a common secured entrance, with no separate compartmentalized access to storage
areas to be created directly from or through the exterior of the structure.
SELF-STORAGE FACILITY - A structure or structures containing separate, individual, and
private storage spaces of varying sizes leased or rented on an individual basis, each of which may
be directly accessed from the exterior of the building via its own access door, and excluding
"Interior Storage Facility."
SPORTSMEN'S 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. Note that a firing range is considered any 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. See also FIRING RANGE, INDOOR.
B. Section 179-3-040, entitled "Establishment of Zoning Districts," subsection (B)
"Commercial Districts," subsection (1) is amended as follows:
B. Commercial Districts.
(1) Enclosed Shopping Center ESC.
(b) Dimensional Requirements All uses in this district must comply with the
requirements of Table 1 of this chapterl141 and as follows (Note that all are minimum
requirements except density and building height which are maximum restrictions.):
[2] Front yard setback: 40 feet. Buildings in excess of 40 feet in height
shall require a front setback of 100 feet or greater.
[9] Building height: 70 feet. Buildings in excess of 40 feet in height shall
require a front setback of 100 feet or greater.
C. Section 179-3-040, entitled Establishment of Zoning Districts," subsection (B)
"Commercial Districts," subsection(2) is amended as follows:
B. Commercial Districts
(2) Office. The Office District encompasses areas where professional offices are encouraged.
These are located along arterials adjoining residential areas where compatibility with residential
uses is important. The Town desires to see development of high-quality offices where structures
and facilities are constructed with particular attention to detail, including but not limited to
architecture, lighting, landscaping, signs, streetscape, public amenities, and pedestrian
(3)
connections. The Office District can function as a transition zone protecting residential zones
from more intensive commercial uses, while providing convenient professional services to
residential neighborhoods. Office and residential facilities should be sited and built to
demonstrate compatibility with adjoining uses and to minimize any negative impacts on
adjoining land uses.
(a) Uses allowed. The uses allowed in this district are set forth on Table 3 of this
chapter. In addition:
[1] No residential uses shall be allowed less than 600 feet from Bay Road.
[Amended 7-21-2014 by L.L.No. 2-2014; 9-14-2015 by L.L. No. 5-2015-
[2] Large offices are prohibited uses in the Gurney Lane Office District.
(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 density, building size and building height which are
maximum restrictions.):
[1] Density.
[a] Nonresidential: 0.5 acre per 7,000 square feet of floor area per
story. Note: Land areas used for residential density calculations
may not be also used for non-residential density calculations.
[b] Residential: 1.0 acre per eight residential dwelling units (whether
or not included with nonresidential floor area)Note: No land areas
less than 600 feet from Bay Road may be used in residential
density calculation. Only land areas 600 feet or more from Bay
Road may be used in residential density calculations. Land areas
used for residential density calculations may not be also used for
non-residential density calculations.
[c] Required lot size for all uses shall depend on the site being able to
accommodate buildings, parking areas, landscaping and other site
features.
[2] Front yard setback: 75 feet.
[a] Residential uses in the Bay Road Office zoning district: greater
than or equal to 600 feet
[3] Side yard setback: 25 feet.
[4] Rear yard setback: 25 feet.
[5] Shoreline/stream/wetland setback: 75 feet.
[6] Lot width: 150 feet.
[7] Road frontage: 75 feet.
[8] Water frontage: 80 feet.
[9] Building height: maximum of 40 feet.
[10] Maximum building size.
[a] Footprint of 75,000 square feet with total square footage of
150,000 for properties within the Bay Road design guideline areas
and 20,000 square feet total for all those properties outside the Bay
Road design guideline area.
[11] Percent permeable: 35%.
(4)
[12] Percent landscaped: 15%.
[13] Critical environmental area setback: 100 feet.
(c) Development standards. The standards and requirements set forth in Article 4 of
this chapter shall apply to all uses in this district as well as expansion, remodeling
or change of use to existing structures and uses. In addition, there are specific
design standards and guidelines for mixed-use developments as set forth in Article
7 of this chapter.
D. Section 179-4-090, entitled "Parking and Loading Requirements" shall be
amended by adding the following under subsection F "Off-street parking schedule," Table 5:
Parking Requirements:
Use Minimum Number of Spaces
Indoor firing range 1 per 2 employees on the maximum working shift,plus 1
per shooting lane
E. Section 179-10-070, entitled "Specific Standards," subsection Y "Sportsman's
clubs/firing ranges" is amended as follows:
Y. Sportsman's clubs/firing ranges.
(1) Indoor firing ranges.
(a) Distance requirements.
1. Indoor firing ranges shall not be located within six hundred (600) lineal
feet, measured from building to building, of an establishment licensed to
dispense intoxicating or nonintoxicating liquor, nor shall it be in a building
that dispenses liquor.
2. Indoor firing ranges shall be not be permitted within six hundred (600)
lineal feet, measured from building to building, of a school, public park or
place of worship.
(b) The design and construction of the firing range shall completely confine all
bullets and other projectiles within the building and in a controlled manner. The
design and construction of the firing range shall be certified by a registered
engineer in the State of New York. The certified plans shall include the
specifications and construction of the bullet trap(s), ceilings, exterior and interior
walls and floors. The certified plans shall state what type, maximum caliber, and
power of ammunition the range is designed to totally confine.
(5)
(c)No ammunition shall be used in the range that exceeds the certified design and
construction specifications of the firing range.
(d) Firearms stored on the premises must be stored and secured under lock and
key when not in use and when the range is closed for business.
(e) During organized shooting or training events, on-site supervision shall be
supplied at all times by an adult with credentials as a firearms instructor or range
safety officer. This individual shall be responsible for the conditions of safety and
order on the firing line and the premises.
(f) On-site instruction shall be given only by certified firearms instructors. Current
certificates for firearms instructors shall be made available for inspection upon
request.
(g) An outside security plan for the general grounds shall be submitted to the
Planning Board or designee for review and approval.
(h) The transport of firearms on the premises, to the premises and from the
premises shall conform to applicable state laws and regulations.
(i) Minors shall not be allowed in the range unless accompanied by an adult at all
times. This provision shall not be interpreted to prohibit minors from participating
in a firearm safety class which is supervised by an adult instructor.
0) Indoor firing ranges shall not sell or dispense intoxicating liquors, nor shall
they be in a building which contains a business that sells or dispenses
nonintoxicating or intoxicating liquors.
(k)Noise:
1. No indoor firing range shall be permitted or operated in such a manner
which causes the exterior noise level to exceed the ambient noise level by
more than five (5) decibels during daytime hours nor more than three (3)
decibels during nighttime hours. The indoor firing range shall be
designed, engineered and constructed so as to ensure compliance with this
section. All soundproofing shall comply with accepted industry standards.
2. The permit applicant shall be responsible for establishing and reporting to
the Town the ambient noise level of the proposed site before the issuance
of an indoor firing range permit. The Planning Board shall designate
testing times for the ambient noise levels based on approved hours of
operation. Such testing shall be conducted to include an average of
multiple readings taken over the prescribed period of time.
(6)
3. Once a permit is issued for the indoor firing range, the noise level at the
facility while guns are being discharged shall be measured at least annually
from the closer of:
a. The property line; or
b. A point 100 feet, as measured from the closest exterior point of the
building to any adjacent property owner's residence or place of
business, whichever is closer.
4. The sound level meter used in the conducting noise evaluations shall meet
the American National Standard Institute's standard for sound meters or an
instrument and associated recording and analyzing equipment which will
provide equivalent data.
F. Section 179-10-070, entitled "Specific Standards," is amended by adding the
following new subsections:
BB. Interior Storage Facility.
(1) Interior Storage Facilities shall comply with the parking and loading requirements
of Section 179-4-090. For the purposes of calculating required parking, the
calculation shall be made utilizing the standard for "Self-storage facility", that is,
1 parking space per 5 storage units. The provisions for shared parking in Section
179-04-090[G] may be applied for Interior Storage Facilities where applicable.
(2) Interior Storage Facilities shall be entirely enclosed within the interior of an
existing structure and the owner/lessee applicant shall ensure that any interior
alterations are not visible from the exterior of the structure. Windows may not be
painted on their interior and/or exterior surfaces. "Frosted" glass, tinted glass or
darkening films or other treatments, including blinds and drapes may be used in,
on or with windows to limit visibility into the Interior Storage Facility from the
exterior of the structure.
(3) Installation and/or use of overhead "roller-type" security doors or overhead
"garage" type doors in any exterior wall of an Interior Storage Facility is
prohibited, it being the intent that Interior Storage Facilities are to maintain the
exterior appearance of the existing structure as a cohesive whole, and to
differentiate and distinguish it from the exterior appearance of what is elsewhere
defined within the Code as "Self-Storage Facility". This provision shall not apply
to existing overhead doors in existing structures.
(4) Interior Storage Facility ingress and egress points shall conform to the New York
State Uniform Fire Prevention and Building Code
(7)
(5) Any interior alterations of the existing structure shall conform to the New York
State Uniform Fire Prevention and Building Code. All plans for any such
alterations shall be reviewed by the Town Building Inspector and shall be subject
to all permitting requirements and all further required inspections under applicable
State and local codes.
(6) All separate interior storage rooms or areas shall be accessible only via interior
hallways leading from the common means of entry into the structure. Pre-existing
partitioned rooms or areas with existing access to the exterior of the existing
structure may remain and be utilized as interior storage.
(7) No expansion of the existing structure footprint shall be permitted.
(8) If an Interior Storage Facility is destroyed by wind, flood, fire or similar casualty,
other than deliberate destruction or damage by or on behalf of the owner, the
owner or lessee may elect to repair and/or re-construct and continue the Interior
Storage Facility use utilizing its original dimensions and density, provided the
actual use of the property for Interior Storage has not ceased for more than
eighteen (18) months from the date of the building damage or destruction. This
time period shall be calculated utilizing the actual date of damage or destruction
loss until the date an application for a building permit is received by the Town.
(9) Only an existing structure which has received Site Plan approval from the Town
of Queensbury Planning Board shall be eligible for use as an Interior Storage
Facility. In addition, use as an Interior Storage Facility shall require approval from
the Planning Board of a Special Use Permit for such use. The procedures for
application for a Special Use Permit and review of the application shall include a
Public Hearing on proper notice together with the other procedures and
requirements in conformity with Chapter 179, Article 10 of the Code of the Town
of Queensbury.
G. The official Town Zoning Map is hereby amended to reflect a zoning district
assignment for three (3)parcels of property near the intersection of Interstate 87 and Luzerne Road
to Commercial Light Industrial (CLI), such properties bearing Tax Map Parcel numbers as follows:
309.6-2-86
309.10-1-98
309.10-1-99
H. Table 1, entitled "Table of Area Requirements" is amended as set forth in the
attachment to this Local Law.
(8)
I. Table 3, entitled "Summary of Allowed Uses in Commercial Districts" is
amended as set forth in the attachment to this Local Law.
Section 4. The map appended to this Local Law is hereby adopted as the official Town
Zoning Map of the Town of Queensbury and supersedes the previously adopted Town Zoning Map.
Section 5. 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 6. 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 7. 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.
(9)
ZONING
179 Attachment I
Town of Queensbury
Table 1:Table of Area Requirements
[Amended 1-28-2011 by L.L.No.2-2011;3-18-2013 by L.L.No.2-2013;12-16-2013 by L.L.No.7-2013;10-6-2014 by L.L.No.5-2014;4-18-2016 by L.L.No.3-20161
Minimum Minimum Setbacks Maximum
Merchandise Building
Minimum Lot Road Water Display Floor
Area for Minimum' HeightArea
Lot Size Width Frontage Depth Frontage Clustering Front Side Rear Shoreline Percent Proposed Ratio
District Symbol (acres) Density (feet) (feet) (feet) (feet) (acres) (feet) (feet) (feet) (feet) (feet) Permeable (feet) (FAR) Notes
Land conservation LC42A 42 400 400 — 400 210 100 100 too 200 95% 35
LC-IOA 10 400 400 — 400 50 100 100 100 200 95°A. 35
Parkland recreation PR42A 42 400 400 Soo 800 210 100 100 100 150 90% 35
Rural residential RR-5A 5 400 400 — 200 25 100 75 100 75 75% 40/35'
RR-3A 3 400 400 — 200 15 100 75 100 75 75% 40/351
Waterfront WR 2 150 150 — 150 4 30 25,20,15,12: 30 50/759 75% 28' 0.22
residential varies with lot
width*
Moderate-density MDR 2 or 13 100 100 — 100 2 30 25 30 75 50°A 40/352
_ residential
—' Neighborhood NR 0.5 or 50 50 50 20 10/0° 15 50 35% 40/352
C) residential 10,000sf°
Recreation RC 15,000sf6 75 75 200 30 20 20 75 30% 35
commercial
Commercial CM 1 150 50 200 150 NA 75 20 minimum; 25 75 25 30% 40 0.3
moderate sum 50
Commercial CI 1 150 50 200 150 NA 75 20 minimum; 25 75 25 30% 40 0.3
intensive sum 50
Commercial CI-18 1 150 50 200 NA NA 50-100 20 minimum; 25" 75 30% 40-70" 30%landscaped
Intensive—Exit 18 it sum 50"
Office O Nonresidential:OS acre per 250 75 80 75 25 25 75 35% 40 15%landscaped
7,000 square feet of floor area
Residential:1 acre per 8
dwelling units
Neighborhood NC 1 acre per principal use or 50 50 100 75 40 20 15 75 30% 30
commercial structure
Main Street MS 50 50 75 40i�00 014 10 50 5°/«(0% 4016 5%landscaped17
varies with
lot sizes
179 Attachment I:I xx-xx-2016
Beleden QUEENSBURY CODE
Insertion
Minimum Minimum Setbacks
Maximum
Merchandise Building
Minimum Lott Road Water Area for Display Minimum Height Area
loo
Lot Size Width Frontage Depth Frontage Clustering Front Side Rear Shoreline Percent Proposed Ratio
District Symbol (acres) Density (feet) (feet) (feet) (feet) (neres) (feet) (feet) (feet) (feet) (feet) Permeable (feet) (FAR) Notes
Commercial Light CLI t acre per principal use or 200 100 200 200 50 30 30 75 30% 60 40,000 square feet
Industrial structure
Total building size
cap for retail use
only
Light Industrial LI-VF 1 200 200 NA 50 20 20 75 30% 35 0.3
Veteran's Field
Heavy industry HI 3 acres minimum per principal 300 300 400 200 NA 100 50 50 200 30% 50
use or structure
Enclosed shopping ESC I acre per principal use with 500 75 200 NA 4012 30 30 150 20% 40 7019 15%minimum
center 0.5 acres per4000 sf of floor landscaped
area
NOTES:
t Minimum lot widths require compliance with access management requirements for shared driveways or double lot width.
= Thirty-five-foot building height applies within the Adirondack Park.
Two acres of land per residential unit if not connected to public sewer and water systems;one acre of land per residential unit if connected to public water and sewer systems.
Five-tenths acre of land per residential unit if not connected to public sewer and water systems;10,000 square feet of land per residential unit if connected to public sewer and water systems.
s Ten feet if buildings not connected or zero if connected
e With a minimum of 15,000 square feet of land per 2,000 square feet of floor area.
-� 7 Setback from the edge of pavement.
s Accessory structures shall have a maximum height of 16 feet.
v Seventy-five-foot setback applies to lands in the Rural Use classification in the Adirondack Park.See Zoning Map.
10 See§179-3-040A(5)(b)[3]
A building setback greater than the minimum requirement of 50 feet may allow for a building height greater than the maximum of 40 feet otherwise allowed.See§179-3.040B(S)(b)[2]'and[9]
n See§9179-3-040 B(5)(b)[2],179-3-040 B(5)(b)[9],and 179-7-070 A(1)(c)
u Buildings shall occupy a minimum of 60 percent of the build-to lot width as measured by the building fayade width divided by the build-to lot width.See 179-3-040 B(5)(b)(3],
is§6179-3-040B(5)(b)[10]and 179-3-040B(5)(b)[l1].
to See§179-3-040B(5)(b)[9]
tr See§179-3-040B(5)(b)[11]
Parcels adjacent to residential uses shall require a minimum fifty,foot setback which ahsll include at least a twenty-five foot vegetated buffer.
rs Buildings in excess of 40 feet In height shall have a front setback of 100 feet or greater.
179 Attachment 1:2
XX-XXd016
Deli;, ZONING
Insertion
179 Attachment 3
Town of Queensbury
Table 3:Summary of Allowed Uses in Commercial Districts
[Amended 4-19-2010 by L.L.No.7-2010;1-28-2011 by L.L No.2-2011;4-1-2013 by L.L.No.3-2013;12-16-2013 by L.L.No.7-2013;7-21-2014 by L.L.No.2-2014,
10-6-2014 by L.L.No.5-2014,9-14-2015 by L.L.No.5-2015;4-18-2016 by L.L.No.3-2016;X-XX-2016 by L.L. No.X-20161
KEY
AU = Accessory Use
PU = Permitted Use
SPR = Site Plan Review
SUP = Special Use Permit
Blank = Not Permitted
Enclosed
Commercial Commercial Commercial Shopping Main Neighborhood Recreation
Moderate Intensive Intensive—Exit 18 Center Street131 Commercial Office Commercial
CM Cl CI-18 ESC MS NC 0 RC
Commercial Use Table 4300 >3A8
<600 >600
feet feet
from from
arterial arterial
Amusement center SUP SUP SPR
Apartment house/condos SPR 141SPR
Apartment house/condos above first floor SPR SPR
Auto body/repair shop SPR
Automobile service SPR SPR SPR
Automotive sales and service SPR SPR
Bank SPR SPR SUP SPR SPR SPR SPR
Business service SPR SPR SUP SPR SPR SPR SPR SPR
Campground SPR
Car wash SPR
Cemetery SPR
Commercial boat sales/service/storage SPR
Convenience Store SPR SPR SUP SPR SPR SPR SPR
179 Attachment 3:1 XX-XX-XXXX
Enclosed
Commercial Commercial Commercial Shopping Main Neighborhood Recreation
Moderate Intensive Intensive—Exit 18 Center Street(3) Commercial Office Commercial
CM Cl CI-18 ESC MS NC 0 RC
Commercial Use Table �.388 ;�. 89
;600 ?600
feet feet
from from
arterial arterial
Convention,Soorts or Exhibit Center SPR SUP SUP SPR SPR SPR SPR
Day-care center SPR SPR SPR SPR SPR SPR
Drive-in theater SPR
Enclosed shopping center SUP
Fast food establishment SPR SUP SUP .
Firing ranee.indoor SUP
Food Service SPR -SPR SUP SPR SPR SUP AU AU SPR
Funeral home SPR SPR
Gallery SPR SPR SPR SPR SPR SPR
Golf course SPR SPR
Golf driving range SUP SUP
Health-related facility SPR SPR SUP SPR SPR SPR
Kennel SUP ^
Library SPR SPR M
Limousine service SPR
Microbrewery SPR SUP SPR
Live theater SPR SUP SPR
Mineral extraction SUP
Mobile home sales SPR
Motel SPR SPR SUP SUP SPR
Movie theater SPR SPR SUP SPR
Multifamily house/condos SPR SPR
Municipal center SPR SPR
SPR SPR SPR
Museum
Nightclub SUP SUP SPR SUP
Nursery SPR SPR
Office;large SPR SPR SUP SPR SUP SPR SPR
Office,small SPR SPR SUP SPR SPR SPR SPR SPR
179 Attachment 3:2 XX-XX-XXXX
Enclosed
Commercial Commercial Commercial Shopping Main Neighborhood Recreation
Moderate Intensive Intensive—Exit 18 Center Street(3) Commercial Office Commercial
CM CI CI-18 ESC MS NC O RC
Commercial Use Table .3A6
<600 >600
feet feet
from from
arterial arterial
Outdoor concert events SUP
Paintball facility SUP
Parking lot SPR SPR SUP SPR
Parking structure SUP SUP SUP SPR SPR SPR
Personal service SPR SPR SPR SPR SPR AU AU
Place of worship SPR SPR SPR SPR SPR
Playground SPR SPR
Produce stand SPR SPR SPR SPR SPR
Public or semipublic building SPR SPR SUP SPR SPR SPR SPR SPR
Recreation center SPR ^
Retail SPR SPR SUP SPR SPR SPR AU AU
School SPR SPR SPR SPR SPR SPR
Self-storage facility SUP
Shopping mall/plaza SPR SPR SUP SPR
Single-family dwelling SPR SPR
Skicenter SPR
Storage Facility,Interior SUP
Tavern SUP SUP SUP
TV or radio station SPR SPR
Veterinary clinic SPR SPR SUP SUP
NOTES:
(1) Large offices are prohibited in the Gurney Lane Office district.
(2) No residential uses shall be allowed less than wit-hi;388 600 feet of Bay Road. See§179-3-040(B)(2).
(3) All single story uses and buildings setback beyond 40 feet require a special use permit.
(4) Residential uses,including single-family dwellings,duplexes or two-family dwellings,multiple-family dwellings and townhouses are not allowed within 250 feet of the centerline of Main
Street. Beyond 250 feet they are allowed with site plan review.
179 Attachment 3:3 XX-XX-XXXX
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(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
I. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No. 7, of 20 16 of
the f dlt< j J)(Town)M ) of Q...nsbury was duly passed by the
Town Boar on 1 0/1 7/ 20 16
(Name of Legislative Body) , in accordance with the applicable
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
(Name of Legislative Body) on 20 , and was(approved)(not approved)
(repassed after disapproval) by the and was deemed duly adopted
(Elective Chief Executive Officer*)
on MET], 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
(Name of Legislative Body) on 20 , and was (approved)(not approved)
(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)(Village)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.06/12) (1 6) Page 3 of 4
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 (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 origin on file in this office a at the same is a
correct transcript therefrom and of the whole of such original local law,a s fin ly op e i ner indicated in
paragraph : 1 above.
Clerk of the county legislative body,City,Town or Village Clerk or
officer designated by local legislative body
(Sea/) Date:
(1 7) Page 4 of 4
DOS-0239-f-I (Rev.06l12)