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210.91 RESOLUTION TO AMEND THE ZONING ORDINANCE IN CONJUNCTION WITH THE CODIFICATION OF THE LAWS AND ORDINANCES OF THE TOWN OF QUEENSBURY RESOLUTION NO. 210, 1991 Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Marilyn Potenza: WHEREAS, the Town Board of the Town of Queensbury is desirous of amending the Zoning Ordinance of the Town of Queensbury as part of the codification of the laws and ordinances of the Town of Queensbury, and WHEREAS, such amendments are incorporated into the Code of the Town of Queensbury and such Code will be adopted by Local Law of the Town Board, and WHEREAS, the Town Board of the Town of Queensbury may, from time to time, pursuant to Section 265 of the Town Law of the State of New York amend, supplement, change, modify or repeal the Zoning Ordinance by Ordinance, and WHEREAS, in order to so amend, supplement, change, modify or repeal the Ordinance, it is necessary to hold a public hearing prior to adopting said proposed amendment, and WHEREAS, a Short Environmental Assessment Form has been presented at this meeting and it would appear necessary to comply with the State Environmental Quality Review Act and conduct an environmental review of the proposed action, and WHEREAS, it would appear that the action about to be undertaken by the Town Board of the Town of Queensbury is an unlisted action, NOW, THEREFORE, BE IT RESOLVED, that a proposed ordinance setting forth amendments to the Zoning Ordinance of the Town of Queensbury, as contained in the Code of the Town of Queensbury, shall read as follows: Ordinance No.__________ Amending the Town of Queenbury Zoning Ordinance The Town Board of the Town of Queensbury does hereby order and enact as follows: (1) In Section 179-7B, Definitions (original Section 2.020) (a) The definition of "buffer zone" is amended by deleting from the end thereof the words "as approved by the Queensbury Beautification Committee," (b) The definition of "Building Inspector" is amended to read as follows: "DIRECTOR OF BUILDING AND CODE ENFORCEMENT - An individual empowered by the Town to administer the provisions of these regulations, except as specified otherwise herein." (c) the definition of Class A Regional Project is amended to read as follows: "CLASS A REGIONAL PROJECT - A land use or development which is classified and defined in Article VI and Section 179-113 of this chapter and Section 810 Subdivision 1, of the APA Act; only applicable within the Adirondack Park. (d) The definition of "dock repair," dock replacement" and lot front line" are amended by correcting the cross reference therein to Section 7.010, now Section 179-60. (e) The definition of "dock repair," dock replacement" and "lot front line" are amended by correcting the cross reference therein to Section 7.010, now Section 179- 60. (f) The definition of "mobile home court" is amended by changing the word "contiguous to "continuous." (g) The definition of "plat, final," "plat, preliminary," "plat,sketch or sketch plan" and "required improvements" are amended by changing the words "these regulations"to "the Subdivision Regulation." (h) The definitions of "regional subdivision, class A" and "regional subdivision, class B" are amended by adding thereto the words "of Chapter A183, Subdivision of Land." (2) Section 179-11 (original Section 4.010) is amended by adding thereto the following districts: Travel Corridor Overlay Mobile Home Overlay (3) Section 179-12C(4) (original Section 4.070d) is amended by correcting the cross reference therein to Section 7.074, now Section 179.67. (4) Section 179-15d(3)(b)(2) (original Section 4.020-c) is amended by adding to item No. 2 under the Type II site plan review uses the following words: "(NOTE: See supplementary regulations, Section 179-64, for mining extractions, minerals/gravel.)" (5) Section 179-26A (orignal Section 4.020-n) is amended by adding thereto the words "or LI-3A." (6) Section 179-29C (original Section 4.043) is amended by adding thereto the words "and Chapter 113, Mobile Homes." (7) Section 179-33 (orignal Section 5.030) is amended by deleting the duplicated words "Class B regional projects by the Adirondack Park Agency." (8) Section 179-38D (orignial Section 5.070D) is amended by correcting the cross refernce therein to Section 5.071, now Section 179-39. (9) Section 179-55B (1) (original Section 15.050b) is amended by deleting the reference therein to Local Law No. 5 of 1986 and replacing it with "Article I of Chapter 124, Parks and Recreation Areas." (10) Section 179-57E(1) (original Section 15.075a) is amended by correcting the cross reference therein to Section 15.040, now Section 179-54. (11) Section 179-57(2)(a) (original Section 15.075b.1) is amended by correcting the cross reference therein to Section 15.080, now Section 179-58. (12) Subsection F(1) and (2) of Section 179-58 (original Section 15.086) are amended by changing the words "Building Inspector" to "Director of Building and Code Enforcement." (13) Subsection B(1) (a)(4)(c) of Section 179-60 (original Section 7.012A.1d.3) is amended by changing the words "Zoning Officer" to "Zoning Administrator." (14) Subsection B(1)(a){4}(d) of Section 179-60 (orignial Section 7.012A.1d.4) is amended to read as follows: "Will not violate the land clearing standards of this chapter or the shoreline restrictions of the Adirondack Park Agency in accordance with the following: . . . .". (15) Subsection B(1)(c) of Section 179-60 (original Section 7.012A.3) is amended by adding thereto the words "LI- 3A." (16) Subsection B(1)(d) of Section 179-60 (original Section 7.012A.4) is amended by adding thereto the words "SFR- 20" and by changing the words "SR-20" to "SR-1A." (17) Section 179-60B(2) (original Section 7.012B) is amended by delteting therefrom the words "(See separate schedule)." (18) Section 179-60B(3) (e) (3) (original Section 7.012C.5c) is amended by changing the words "Zoning Officer" to "Zoning Administrator." (19) Subsection B of Section 179-61 {original Section 7.020B} is amended by correcting the cross refernce therein to Section 4.020, now Article IV. (20) Subsection D of Section 179-61 {original Section 7.020D} is amended by correcting the cross reference therein to Section 7.012, now Section 179-60S. (21) Section 179-65B {orignial Section 7.062} is amended by correcting the cross reference therein to Section 7.063, now Subsection C. (22) Section 179-67A(1) {original Section 7.074A.1} is amended by changing the words "LR-3A" to "WR-3A." (23) Subsection B(5) of Section 179-67 {orignial Section 7.074A.5e} is amended by adding thereto a reference to Section 2.020(142), noe the definition of "landscaping" in Section 179-7. (24) Section 179-69 {original Section 7.076} is amneded by adding thereto the words "Unifrom Fire Prevention and." (25) Section 179-73B {original Section 7.080B} is amended by changing the words "Building Inspector" to "Director of Building and Code Enforcement." (26) Section 179-74D {original Section 7.093} is amended by changing the words "Zoning Officer" to "Zoning Administrator." (27) Section 179-104 {original Section 12.070} is amended by changing the words "Zoning Administrator" to "Director of Building and Code Enforcement." (28) Section 179-105A {original Section 12.071} and Section 179-106 {orignial Sections 12.080 and 12.081} are amended by changing the words "Zoning Administrator" to "Director of Building and Code Enforcement." (29) Section 179-107 {original Section 12.090} is amended by correcting the cross reference therein to Article 6, now Article VI instead of Article 10. (30) Section 179-113 {original first paragraph of Appendix A} is amended by changing the words "Section 6.070 of the Adirondack Park Agency Act" to "Section 810, Subdivision 1, of the Executive Law." (31) Section 179-114 C(14) {original Appendix B C.(14)} is amended by correcting the reference to be to Appendix A to Subsection D(1) (d) of Appendix A, now Section 179- 113. (32) Section 179-114 D. (9) {original Appendix B D.(9)} is amended by correcting the reference to be to Appendix A. subparagraph E(1) (d), now 179-113. (33) Section 179-114 F {original Appendix B F.} is amended to delete the words local law and Village from the paragraph. (34) Section 179-88 A. {original - 10.040. A.} is amended to correct the reference to Section 4.030 to 4.020 of the Zoning Ordinance, the same to be the new Article VI. (35) Section 179-16 {original 4.020-d} is amended to correct the reference to Section 7.011 to 7.010, the same now referenced to as Section 179-60. (36) Section 179-95 {former 11.030 of the Town of Queensbury Ordinance} is amended to delete the current language and add a new provision reading as follows: "This zoning ordinance be amended by ordinance or local law in the manner provided for by the Town Law or the Municipal Home Rule Law of the State of New York." (37) The amendments as hereinbeforee set forth shall be set forth in the Code. It shall not be necessary for this ordinance to be published separately within the Code. BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby indicates that it would desire to be the lead agency in connection with any reviews necessary pursuant to the State Environmental Qulaity Review Act, and hereby approves of Part I of the Short Environmental Assessment form as completed and presented to this meeting, hereby adopts the same and authorizes the Town Supervisor to execute the same on behalf of the Town Board, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury shall hold a public hearing, at which time all parties in interest and citizens shall have an opportunity to be heard, upon and in reference to the proposed amendment, supplement, change and/or modification to the Town of Queensbury Zoning Ordinance, and BE IT FURTHER RESOLVED, that said public hearing shall be held on May 6th, 1991 at 7:00 p.m., in the Queensbury Activities Center, 531 Bay Road, Queensbury, Warren County, New York, and BE IT FURTHER RESOLVED, that the Town Clerk of the Town of Queensbury is hereby authorized and directed to give 10 days notice of said public hearing by publishing a notice in a form substantially similar to that presented at this meeting and in a form approved by the Town Attorney for purposes of publication in an official newspaper of the Town and by posting on the Town bulletin board outside the Clerk's Office said notice, and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury is hereby authorized and directed to give written notice of the propsoed amendment to the Zoning Ordinance of the Town of Queensbury, a copy of the Environmental Assessment Form and a copy of this resolution to the following: Warren County, by service upon the Clerk of the Board of Superviosors, the Adirondack Park Agency, and such other communities or agencies that it is necessary to give written notice to pursuant to Section 264 or 265 of the Town Law of the State of New York, the zoning ordinances of the Town of Queensbury and the Laws of the State of New York. Duly adopted this 4th day of April, 1991, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent:None