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.
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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:
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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
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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
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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
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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.
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(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
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Note: Language in bold italics is new language to be added;
Language with line drawn through is old language to be deleted.
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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.