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Cannabis - Chapter 179 - 11-21-2022_______________________________________________ Note: Language in bold italics is new language to be added; Language with line drawn through is old language to be deleted. 1 LOCAL LAWS & ORDINANCES\Cannabis – Chapter 179 – 11-21-2022 LOCAL LAW NO.: ____ OF 2022 A LOCAL LAW TO AMEND CHAPTER 179 “ZONING” OF QUEENSBURY TOWN CODE TO REGULATE SPECIFIC CANNABIS BUSINESSES AND AMEND USE REQUIREMENTS RELATED TO AGRICULTURE BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: Section 1. Intent – The Town Board wishes to amend Chapter 179 of Queensbury Town Code to regulate specific cannabis businesses and amend use requirements related to agriculture. The amendments are necessary and desirable to protect the public health, safety, welfare, and environmental resources, provide a consistent regulatory pathway for the cannabis industry consistent with state regulations, foster a healthy, diverse and economically viable cannabis industry that contributes to the local economy, and ensure that environmental, public health, safety and nuisance factors related to both the cannabis industry and agriculture are adequately addressed. Section 2. Enacting Authority – This local law is enacted pursuant to the New York Municipal Home Rule Law, Section 131 of the New York Cannabis Law, and Chapter 179 of the Code of the Town of Queensbury, as authorized by the New York State Constitution, the New York Municipal Home Rule Law, and other relevant provisions of the Town Law of the State of New York. 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 as follows: _______________________________________________ Note: Language in bold italics is new language to be added; Language with line drawn through is old language to be deleted. 2 C. As used in this chapter or in the appendixes thereto, unless the context otherwise requires, the following terms shall have the meanings indicated: AGRICULTURAL RETAIL SALES: A small–scale retail facility for sales of agricultural products grown or raised on the site or other properties owned or leased by the agricultural use operator, and pre-packaged goods processed from onsite agricultural production. AGRICULTURAL SERVICE USE: Any storage or processing facility directly and customarily related to an agricultural use. Agricultural Service Use may include an associated agricultural retail sales business. Examples include milk processing, feed storage, crop storage, and crop processing. AGRICULTURAL USE: Any management of any land for agriculture: the raising and keeping of cows, horses, pigs, poultry and/or other livestock; truck gardens; horticulture; silviculture or orchards, including the sale of products grown or raised directly on such land and including the construction, alteration or maintenance of fences, agricultural roads, agricultural drainage systems and farm ponds. Agricultural Use may include greenhouses. CANNABIS BUSINESS, ON-SITE CONSUMPTION: A cannabis related business requiring a license from New York State to operate an Adult-use On-Site Consumption business. An on- site consumption license authorizes the acquisition, possession, and sale of cannabis from the licensed premises of the on-site consumption licensee to cannabis consumers for use at the on- site consumption location. CANNABIS BUSINESS, RETAIL: A cannabis related business requiring a license from New York State to operate an Adult-use retail dispensary authorized to acquire, possess, sell and deliver cannabis to consumers. COMMERCIAL NURSERY: A nursery with one or more greenhouses totaling 300 square feet or more of area. GREENHOUSE: A building whose roof and sides are made largely of glass or other transparent or translucent material and in which the temperature, lighting and or humidity can be regulated _______________________________________________ Note: Language in bold italics is new language to be added; Language with line drawn through is old language to be deleted. 3 for the cultivation of delicate or out-of-season plants for subsequent sale or personal enjoyment. A greenhouse in excess of 300 square feet shall be regulated as a commercial nursery. A greenhouse under 300 square feet shall be considered accessory to a residential use. PARK: A publicly owned tract of land designated and used by the public for active and/or passive recreation. B. Section 179-10-070, entitled “Specific Standards” is amended as follows: Q. Nurseries and Commercial Nurseries. (1) Nurseries must be on lots of at least 10 acres in size. (2) Nurseries shall include a management plan for pesticides, herbicides, and fertilizers. Such plans shall include application, usage, storage, and surface water and groundwater quality protection details. (3) Any Planning Board approval may require annual surface water and groundwater quality testing. EE. On-Site Consumption Cannabis Business & Retail Cannabis Business. On-site Consumption and Retail Cannabis businesses are subject to the New York State Cannabis Law with the following specific standards: (1) Such businesses shall not be located within one thousand five hundred (1,500) feet of any other On-Site Consumption Cannabis Business or Retail Cannabis Business, such distance to be measured horizontally on a straight line from the nearest property line of any other existing On-Site Consumption Cannabis Business or Retail Cannabis Business to the nearest property line of the lot to be occupied by the proposed On-Site Consumption Cannabis Business or Retail Cannabis Business. (2) An On-Site Consumption Cannabis Business or Retail Cannabis Business shall not be located within one thousand (1,000) feet from the following uses, such distance to be measured horizontally on a straight line from the nearest property line of the lot to be _______________________________________________ Note: Language in bold italics is new language to be added; Language with line drawn through is old language to be deleted. 4 occupied by the proposed On-Site Consumption Cannabis Business or Retail Cannabis Business. (a) Addiction Treatment Providers certified by the New York State Office of Addiction Services and Support (b) Amusement Center (c) Campground (d) Day-care Center (e) Day-care Home (f) Health-related facility (g) Parks (h) Place of Worship (i) Playground (j) Public or Semi-public building (k) School (l) Pharmacies licensed under Title 8, Article 137, Section 6805 of the New York State Education Law and/or Part 63 of the Rules of the Regents and Regulations of the New York State Commissioner of Education (3) Hours of Operation: On-Site Consumption Cannabis Business or Retail Cannabis Business shall not open before 9AM nor remain open after 9pm Monday through Saturday, and shall not open before 12pm nor remain open after 6pm on Sunday. (4) Lighting and Security: Motion detectors or timers should be considered as part of any lighting plan. Fencing that may be required should include materials and aesthetics that provide security but do not create a negative visual impact. (5) Application requirements. (a) Applicant must submit a plan to ensure compliance with §179-6-030 (Odor) of the zoning code. (6) All special use permits issued under this Subsection shall contain a condition that the Retail Cannabis Business or On-Site Consumption Cannabis Business shall not operate, and the special use permit shall not be valid, until the applicant has obtained _______________________________________________ Note: Language in bold italics is new language to be added; Language with line drawn through is old language to be deleted. 5 all licenses and permits issued by the State of New York and any of its agencies for the dispensary. (7) A special use permit granted under this Subsection shall have a term limited to the duration of the applicant’s use of the premises as a Retail Cannabis Business or On- Site Consumption Cannabis Business. A special use permit may be transferred only with the approval of the Planning Board in the form of an amendment to the special use permit. (8) Revocation of Special Use Permit. (a) Any violation of this Subsection shall be grounds for revocation of a special use permit issued under this Subsection. (b) Revocation or expiration of a license by New York State shall be grounds for revocation of the special use permit. FF. Agricultural Service Use (1) All special use permits issued under this Subsection shall contain a condition that the use shall not operate, and the special use permit shall not be valid, until the applicant has obtained any licenses and permits required by the State of New York and any of its agencies for such use. (2) Revocation of Special Use Permit. (c) Any violation of this Subsection shall be grounds for revocation of a special use permit issued under this Subsection. (d) Revocation or expiration of any license that may be required by New York State for the Agricultural Service Use shall be grounds for revocation of the special use permit. (3) A special use permit granted under this Subsection shall have a term limited to the duration of the applicant’s ownership and use of the premises as an agricultural services use. A special use permit may be transferred only with the approval of the Planning Board in the form of an amendment to the special use permit. (4) Application requirements. _______________________________________________ Note: Language in bold italics is new language to be added; Language with line drawn through is old language to be deleted. 6 (a) Applicant must submit a plan to ensure compliance with §179-6-030 (Odor) of the zoning code. C. Table 2, entitled “Summary of Allowed Uses in Residential Districts” is amended as follows: Residential Use Table Land Conservation Moderate Density Residential Neighborhood Residential Parkland Recreation Rural Residential Waterfront Residential LC-10 LC-42 MDR NR PR-10 PR-42 RR-3 RR-5 WR Agricultural service/retail SPR SPR Agricultural Retail Sales SPR SPR D. Table 3, entitled “Summary of Allowed Uses in Commercial Districts” is amended as follows: Commercial Use Table Commercial Moderate Commercial Intensive Commercial Intensive – Exit 18 Enclosed Shopping Center Main Street Neighborhood Commercial Office Recreation Commercial CM CI CI-18 ESC MS NC O RC < 600 feet from arterial >600 feet from arterial Cannabis business, on-site consumption SUP Cannabis business, retail SUP E. Table 4, entitled “Summary of Allowed Uses in Industrial Districts” is amended as follows: Industrial Use Table Veteran’s Field Light Industrial Commercial Light Industrial Heavy Industrial VF-LI CLI HI Agricultural service use SPR SUP Commercial Nursery SUP _______________________________________________ Note: Language in bold italics is new language to be added; Language with line drawn through is old language to be deleted. 7 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.