LL 02.2023 CANNABIS, Amend Ch 179 "Zoning" Regulate Specific Cannabis Business & Requirements Related to Ag New York State Department of State
Division of Corporations, State Records and Uniform Commercial Code
One Commerce Plaza, 99 Washington Avenue
Local Law Fi•
li•
ng Albany, NY 12231-0001
www.dos.ny.gov
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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 ❑x Town ❑Village
(Select one)
of QUEENSBURY
Local Law No. 2 of the year 20 23
A local law TO AMEND CHAPTER 179"ZONING"OF QUEENSBURY TOWN CODE TO REGULATE
(Insert Title)
SPECIFIC CANNABIS BUSINESSES AND AMEND USE REQUIREMENTS RELATED
TO AGRICULTURE
Be it enacted by the TOWN BOARD of the
(Name of Legislative Body)
County ❑City ❑x Town Village
(Select one:)
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:
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS-0239-f4 (Rev.04/14) Page g of g
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
or translucent material and in which the temperature, lighting and or humidity can be regulated
for the cultivation of delicate or out of season plants for subsequent sale or personal enjoyment.
Note: Language in bold italics is new language to be added;
Language with drawn through is old language to be deleted.
2 i
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 a one thousand (1,000) foot radius of
another premises for which a license of the same type has been issued by New York
State, such distance to be measured horizontally on a straight line from the property
line of the lot first occupied by a licensed 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
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
Note: Language in bold italics is new language to be added;
Language withline drawn+'rough is old language to be deleted.
3 �� r
(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
(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
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.
Note: Language in bold italics is new language to be added;
Language with line draw through is old language to be deleted.
4 rib
(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.
(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:
Land Moderate Density Neighborhood Parkland Rural Waterfront
Conservation Residential Residential Recreation Residential Residential
Residential Use LC-10 PR-10 RR-3
Table LC-42 MDR NR PR-42 RR-5 WR
Note: Language in bold italics is new language to be added;
Language with4ine-drawn4lifetigh is old language to be deleted.
AgriculturalS
see4e �.eetail S
Agricultural Retail SPR SPR
Sales
D. Table 3, entitled "Summary of Allowed Uses in Commercial Districts" is amended as
follows:
Commercial Enclosed
Commercial Commercial Main Neighborhood
Moderate Intensive Intensive— Shopping Street Commercial Office Recreation Commercial
Commercial Exit 18 Center
Use Table CM CI CI-18 ESC MS NC 0 RC
<600 feet >600 feet
from arterial from arterial
Cannabis
business,on-site SUP
consumption
Cannabis SUP
*business,retail
E. Table 4, entitled "Summary of Allowed Uses in Industrial Districts" is amended as
follows:
Veteran's Field Commercial Light Heavy
Light Industrial Industrial Industrial
Industrial Use Table VF-LI CLI HI
Agricultural service use SPR SUP
Commercial Nursery SUP
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.
Note: Language in bold italics is new language to be added;
Language is old language to be deleted.
6 dr �
(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. 2 of 2023 of
the Q06XM9 }( (Town)(k)6)of QUEENSBURY was duly passed by the
TOWN BOARD on JANUARY 23 20 23 , 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 20 , 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
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)(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 . 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-0239-f-I (Rev.04/14) Pagefiof.
5. (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 a 'ate certification.)
I further certify that I have compared the preceding local law with the original on file in th. office an that the same is a
correct transcript therefrom and of the whole of such original local I , nd was finally a d i e manner indicated in
paragraph ,1 above. O L1/4:_j2
Clerk of the cunty legislative body, City,Town or Village Clerk or
officer designated by local legislative body
(Sea!) Date:
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