A.
Certain land uses have been designated as requiring a special use permit (and thereby also requiring site plan review and approval) pursuant to § 179-3-040 of this chapter. These uses have been so designated because they are considered to be inherently challenging and potentially incompatible with surrounding land uses due to the nature, intensity, size or type of operation of the proposed use or due to its proposed location. Accordingly, the Town of Queensbury has, in effect, reserved judgment on whether to allow these uses until an appropriate review of a particular proposal with consideration of the details of the proposal and its location.
B.
This article sets forth those requirements and the
procedures which shall apply to land uses and activities designated
as special use permit uses due to their characteristics, and/or the
special characteristics of the area in which they are to be located,
so that they may be properly located and planned with respect to the
objectives of this chapter, their effect on the surrounding properties
and community character. The primary purpose of special use permit
review is to ensure that these designated uses are compatible with
the surrounding properties and neighborhood; that adverse impacts
are avoided or mitigated; and that such uses contribute to the long-term
benefit to the Town.
A.
Consistent with § 274-b(2) of New York State Town Law, the Planning Board is hereby authorized to administer this article by conducting special use permit review and is authorized to issue, with or without conditions, or deny issuance of a special use permit in accordance with the procedures of this article for any use identified as requiring such review in § 179-3-040 of this chapter.
B.
Site plan review in accordance with the requirements and procedures of Article 9, Site Plan Review, is required for all uses that require a special use permit. Such review shall occur concurrently with special use permit review. Regardless of whether the reviews occur separately or concurrently, separate applications and application fees are required for each review.
C.
If an application is for a parcel or parcels on which
more than one use requiring a special use permit is proposed, the
applicant may submit a single application for all such uses. The Planning
Board may grant approval with respect to some proposed uses and not
others. For purposes of reviewing an application (and for SEQRA compliance),
all proposed uses on a parcel or parcels shall be considered together.
Prior to making application for a special use permit, an applicant must schedule and attend a preapplication meeting with the Town planning staff. The purpose of the meeting is to review the applicable regulations and application requirements, as well as the procedure for review and policies and procedures of the Planning Board. No application will be accepted for review by the Planning Board until the preapplication conference is held. The applicant may also schedule a preapplication conference with the Planning Board at which the applicant may present a sketch or preliminary presentation of its proposal in order to receive feedback and comments from the Planning Board prior to the submission of a formal special use permit application that includes all of the required details and information for a formal site plan application as set forth in § 179-10-060 below. Such preapplication conferences may include, and be combined with, the preapplication or sketch plan conference for the site plan review aspect of special use permit review.
[Added 1-28-2011 by L.L. No. 2-2011]
A.
Substantiated preexisting uses shall be exempt from a comprehensive
Planning Board review and shall be issued a special use permit by
the Zoning Administrator. This special use permit shall be considered
a permanent permit and may be modified only upon review and approval
by the Planning Board. This special use permit shall serve to document
the existing status of the project.
(1)
To substantiate that a use qualifies for this exemption, the
property owner shall submit a site plan review application depicting
the current condition of the project site together with a current
permit issued prior to April 1, 2002, from another involved agency.
Such information needs to demonstrate that the site is in compliance
with the current permit.
(2)
All qualifying preexisting uses must obtain a special use permit from the Zoning Administrator within 12 months of the effective date of this section. Failure to apply for a special use permit or to obtain one within the prescribed amount of time will result in enforcement procedures as outlined in Article 17.
B.
Uses which do not qualify for the exemption listed in the above Subsection A shall submit information demonstrating that:
(1)
The structure(s) associated with the use were constructed according
to the permitting procedures which were enforceable by the Town at
the time of construction.
(2)
The use of the property and associated structures has been continuous,
to date, without interruption, since prior to 1981 for Marinas and
1967 for all other uses. Consistent seasonal use may qualify as continuous
use.
(3)
The Planning Board shall, upon finding the substantiating evidence
valid, complete and satisfactory, issue the applicant a preexisting
nonconforming special use permit. This special use permit shall be
considered a permanent permit and may be modified only upon review
and approval by the Planning Board. This special use permit shall
serve to document the existing status of the project.
A.
Application for a special use permit shall be made to the Planning Board using forms supplied by the Town. It shall be the duty of the Zoning Administrator to refer applicants to the Planning Board for all uses identified in § 179-3-040 which require special use permits. Applications shall include the one original and 15 copies of the following items:
(1)
A completed Town of Queensbury special use permit
application form.
(2)
A plan of the proposed use and structures, with
accurate dimensions providing information sufficient to enable the
Planning Board to make an informed decision.
(3)
A narrative describing, in detail, the proposed
use and operation and how such proposed use furthers or is consistent
with the policies of the Town's Comprehensive Plan.
(4)
A short- or long-form SEQRA environmental assessment
form (EAF), with Part 1 of the EAF fully completed by the applicant.
A long-form EAF is required for all SEQRA Type I actions. For SEQRA
unlisted actions, the Planning Board may require the long-form EAF
if it deems that the additional information contained on the long
form would be helpful and appropriate under the circumstances of the
project proposal.
(5)
The application fee for a special use permit.
B.
The Planning Board may add or waive any requirements for a complete application submission if it deems such waived or added requirements are appropriate in order to accomplish the purposes of this article and this chapter. In adding requirements, the Planning Board may choose items from the site plan submittal requirements in Article 9, Site Plan Review, that shall be submitted for the special use permit application.
C.
At the first meeting on an application the Planning
Board shall determine whether the application is complete for purposes
of commencing the formal review process. If an application is determined
to be incomplete, the Planning Board shall advise the applicant as
to what aspects are lacking or otherwise insufficient. The time frames
for holding a hearing or for any Planning Board action shall not commence
until the submission of a fully complete application with supporting
documents and materials and the determination by the Planning Board
that the application is complete.
D.
SEQRA compliance. Upon receipt of application materials
it deems complete, the Planning Board shall initiate the New York
State Environmental Quality Review process (unless the process has
been already commenced pursuant to the special permit process for
the same project) by either circulating the application and environmental
assessment form to all involved agencies (if coordinated review is
undertaken) or by issuing its determination of significance. Where
the proposed action may have a significant effect on the environment,
the Planning Board shall issue a positive declaration and require
the submission of a draft environmental impact statement (DEIS). No
time periods for decision-making in this chapter shall begin to run
until either acceptance of a DEIS as satisfactory pursuant to New
York State Department of Environmental Conservation regulations or
the issuance of a negative declaration.
E.
The application shall include the name and address
of the owner of record, developer, and seal of the engineer, architect,
or landscape architect. If the applicant is not the record owner,
a letter of authorization shall be required from the owner.
F.
For applications for projects within the Adirondack
Park, not later than 10 days following receipt of a complete application
for said project, the Zoning Administrator shall notify the Adirondack
Park Agency in the case of Class A and Class B Regional Projects and
shall furnish to the Agency such pertinent information as the Agency
may deem necessary and shall afford each body the opportunity to comment.
G.
For applications within 500 feet of the Town boundary
or a proposed or existing state or county park or recreation area,
right-of-way, parkway, throughway, road or highway, stream drainage
channel or easement, public building or institution; not later than
10 days following receipt of a complete application for said project,
the Zoning Administrator shall notify and furnish the Warren County
Planning Board, in accordance with General Municipal Law §§ 239-l
and 239-m, with such pertinent information as the Warren County Planning
Board may deem necessary for review and comment. The referral of projects
under this section may be subject to modification as mutually agreed
by the Queensbury Town Board and the Warren County Board of Supervisors.
H.
The Planning Board shall fix a time, within 62 days
from the day an application for a special use permit approval is determined
to be complete, for the hearing on the permit application. The time
within which the Planning Board must hold a public hearing may be
extended by mutual consent of the applicant and the Planning Board.
The Board shall give public notice of the hearing by the publication
in the official newspaper of such hearing at least 10 days prior to
the date thereof.
(1)
In the case of Class B Regional Projects within
the Adirondack Park, a copy of the public hearing notice shall be
mailed to the Adirondack Park Agency. The Adirondack Park Agency shall
be a full party in interest, with standing to participate in any and
all proceedings on projects within the Adirondack Park conducted pursuant
to this section.
(2)
In the case of a hearing held on an application
on a property that is located within 500 feet of an adjacent municipality,
the Planning Board must give notice of the hearing to the Clerk of
the municipality by either mail or electronic transmission at least
10 days prior to the hearing, pursuant to General Municipal Law § 239-nn.
(3)
The Planning Board shall decide on the application
within 62 days of the close of such hearing. The time within which
the Planning Board must render its decision may be extended by mutual
consent of the applicant and the Board.
I.
The decision of the Planning Board shall be filed, within five days from the date that the decision was rendered, in the office of the Town Clerk, in the office of the Zoning Administrator and a copy thereof shall be mailed to the applicant. The decision shall contain such findings of fact as are required by §§ 179-10-060 and 179-10-070 hereof. In the case of projects located within the Adirondack Park, the decision shall also be sent to the Adirondack Park Agency.
J.
The Planning Board, in conjunction with its approval
of any special use permit, may impose such requirements and conditions
as are allowable within the proper exercise of the police power, including,
but not limited to, limitations on the hours of use, the intensity
of the use, the use of structures and land, and any other condition
reasonably related to the project that it deems necessary to further
the interest of this chapter. The Planning Board may require the posting
of financial security in the form of bond, letter of credit or other
instrument in order to ensure that improvements are carried out as
specified in the plans and approvals. The Boards shall follow the
procedures in the Town of Queensbury Subdivision Regulations[1] or New York State Town Law § 277(9) for such
financial security.
K.
The Planning Board, as a condition of granting any
special permit, may specify its term of validity.
(1)
There are three types of permits which may be granted by the Planning
Board, described as follows:
(a)
Permanent: allows a specific use to continue
indefinitely until the specific use ceases for any reason for a period
of six consecutive months.
(b)
Temporary: allows a specific use to continue
until a specified date, at which time the special use permit shall
automatically terminate and the use shall be permanently discontinued.
This type shall not be extendable.
(c)
Renewable: allows a specific use to continue
until a specific date, unless renewed or extended by the Planning
Board for an additional period of time. If not extended, the use shall
be permanently discontinued. It is the responsibility of the applicant,
and not the Town of Queensbury, or any board, officer, or employee
thereof, to initiate the request for the renewal or extension prior
to the expiration of the original term of such renewable special use
permit. If not extended or renewed prior to the date of expiration,
the right to continue such special use shall terminate on such expiration
date. An application for the extension or renewal of a renewable special
use permit shall be made in accordance with the applicable provisions
then applying to special use permits, as if it was an original request.
(2)
The applicant, in accepting a temporary or renewable
special use permit, acknowledges and agrees that such special use
permit confers no rights or privileges other than those specifically
contained therein.
In addition to the fee listed on the schedule
of fees, the Planning Board may charge a fee to developers of projects
requiring legal and technical review, provided that the fee charged
reflects the actual cost of legal and technical assistance to the
Planning Board. This fee is not to exceed $1,000 without notice to
the applicant.
Before issuing any special use permit, the Planning
Board shall consider the public health, safety and general welfare
as well as potential environmental impacts. A special use permit shall
not be granted until the Planning Board finds that the following criteria
have been met:
A.
Harmony with Comprehensive Plan. The proposed use
shall be in harmony with and promote the general purposes and intent
of the Comprehensive Plan, and this chapter and the health, welfare
and safety of the Town and its residents.
B.
Compatibility. The proposed use shall be compatible
with the character of neighborhood, the area, the zoning district
and the community surrounding the location of the proposed use and
will not unduly prohibit or discourage future planned growth in the
area.
C.
Access, circulation and parking. The proposed use
shall have safe and efficient access for pedestrians and vehicles,
and shall provide for appropriate off-road parking and loading areas.
The interior circulation system must be adequate to provide safe accessibility
to all parking spaces and ensure that adequate and safe integration
of pedestrian and vehicular movement is provided.
D.
Infrastructure and services. There shall be sufficient
infrastructure and services, including utilities, public facilities
and services, available for the proposed use or the project shall
extend or provide infrastructure and services for the area where the
proposed use is located. There shall also be facilities and services
implemented by the applicant to appropriately control any potential
nuisances from the operation of the use, such as control of litter
or trash, loitering and crime prevention, and any other features or
aspects of the operation of the proposed use that may affect the public
safety, health and general welfare.
E.
Environment and natural features. The proposed use
shall be compatible with and appropriately protect environmental and
natural resources, including the environmental and physical suitability
of the site for development, and the general landscaping, screening
and buffering shall be in character with the surrounding areas, and
the risk of fire, flood or erosion and impacts such as emissions of
electrical charges, dust, light, vibration or noise detrimental to
the public health, safety and welfare shall be minimized to the maximum
extent practicable.
F.
Long-term effects. The proposed use shall provide
positive or beneficial effects on the long-term economic stability,
environmental integrity and community character of the Town and surrounding
properties, districts and uses.
[Amended 1-28-2011 by L.L. No. 2-2011]
A.
Adult use establishments. The standards of the Town's Adult Use Ordinance (see Chapter 43 of the Town Code) shall be applied to the special permit review.
C.
Bed-and-breakfasts.
(1)
Each bed-and-breakfast shall have six or fewer bedrooms and
shall house no more than 10 transient lodgers at one time.
(2)
Bed-and-breakfasts are allowed pursuant to special use permit
review and approval in the following zoning districts: LC-42A (except
for areas classified as "resource management" on the Adirondack Park
Land Use and Development Plan), LC-10A, RR-5A, RR-3A.
E.
Campgrounds.
(1)
Campgrounds must be located on lands of at least 10 acres.
(2)
Compliant on-site restroom facilities must be provided and adequate
for all campers.
(3)
If on-site RV wastewater disposal facilities/dumping stations
are offered, such facilities will comply with the minimum requirements
of the New York State Departments of Health and Environmental Conservation.
(4)
Preservation of existing vegetation and grading is strongly
encouraged.
F.
Class A marinas. All marinas shall comply with the standards for
Class A and Class B marinas as adopted by the Lake George Park Commission
in 6 NYCRR Part 646, as may be amended. Class B marinas shall not
require a special use permit and do not require the approval of the
Town Planning Board.
G.
Commercial mineral extraction and commercial sand, gravel and topsoil
extraction. Mining and excavation activity may be regulated by the
New York State Department of Environmental Conservation or other agencies.
Mineral extraction in the resource management, rural use, low-intensity
use, and moderate-intensity use areas on the Adirondack Park Land
Use and Development Plan are Class A regional projects subject to
the jurisdiction of the Adirondack Park Agency.
[Amended 12-15-2014 by L.L. No. 7-2014; 8-20-2018 by L.L. No. 1-2018]
(1)
Commercial mineral extraction (defined as above by the Department
of Environmental Conservation threshold) shall be allowed only within
the Heavy Industrial (HI) District. Commercial sand, gravel and topsoil
extraction shall only be allowed within the Heavy Industrial (HI)
and Rural Residential (RR) Districts. Commercial mineral extraction
and commercial sand, gravel and topsoil extraction shall be subject
to special use permit as specified in Tables 2 and 4 of this chapter
and may only occur in a substantially undeveloped area and at least
1,000 feet (horizontal distance) from any existing residence. In addition,
for commercial sand, gravel and topsoil extraction, 25 acres of land
shall be the minimum allowable property size within a Rural Residential
District.
(2)
Any excavation associated with commercial mineral extraction
and/or commercial sand, gravel and topsoil extraction shall not adversely
affect the natural drainage of adjoining properties not in the same
ownership, or the structural safety of buildings on such adjoining
properties; the top of any slope of the excavation shall not be closer
than 100 feet to the boundary line of any adjoining property not in
the same ownership, nor closer than 200 feet to any public highway
or water body or watercourse.
(3)
Within the above setbacks, natural vegetation shall be left
undisturbed, except for planting pursuant to the requirements hereof.
The Planning Board may, in its discretion, require additional measures
to provide suitable screening of the excavation, such as planting
or fencing.
(4)
An applicant for a special use permit for commercial mineral
extraction and/or commercial sand, gravel and topsoil extraction shall
submit to the Planning Board copies of all applications and other
materials submitted to the New York State Department of Environmental
Conservation in connection with its commercial resource extraction
application.
(5)
In issuing a special use permit for commercial mineral extraction
and/or commercial sand, gravel and topsoil extraction, the Planning
Board shall impose conditions designed to protect the public health,
safety, and welfare. Such conditions shall be limited to the following,
unless the laws of New York State allow the imposition of additional
conditions:
(a)
Ingress from and egress to public thoroughfares controlled by
the Town;
(b)
Routing of mineral transport vehicles on roads controlled by
the Town;
(c)
Requirements and conditions specified in the permit issued by
the Department of Environmental Conservation concerning setback from
property boundaries and public thoroughfare rights-of-way, natural
or man-made barriers to restrict access, dust control, and hours of
operation;
(d)
Hours of operation; and
(e)
Enforcement of reclamation requirements contained in any Department
of Environmental Conservation permit.
(6)
In issuing a special use permit for commercial mineral extraction
and/or commercial sand, gravel and topsoil extraction uses not subject
to regulation by the Department of Environmental Conservation, the
Planning Board may impose such additional conditions as it deems necessary.
(7)
The Planning Board shall deny a special use permit for commercial mineral extraction and/or commercial sand, gravel and topsoil extraction for any project which does not satisfy the requirements of this section and/or Article 10 of this chapter regarding the general criteria and procedures for special use permits.
H.
Commercial boat sales and service. Commercial boat sales and service
facilities must provide adequate screening of areas used for storage
of boats to be serviced.
J.
Food service. Food service uses in Waterfront Residential Zoning
Districts must be on lands of at least five acres.
K.
Golf courses.
(1)
Golf courses and country clubs shall be located on lands of
at least 50 acres.
(2)
Golf courses shall provide 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.
L.
Golf driving ranges.
(1)
Golf driving ranges shall be located on parcels of at least
five acres.
(2)
Light poles, if used, shall not be taller than 40 feet.
(3)
Adequate safety netting/protection must be used within 500 feet
of adjoining residential uses.
(4)
Golf driving ranges shall provide a management plan for pesticides,
herbicides, and fertilizers. Such plans shall include application,
usage, storage, and surface water and groundwater quality protection
details.
(5)
Any Planning Board approval may require annual surface water
and groundwater quality testing.
M.
Junkyards. The standards of the Town's Junkyard Ordinance (see Chapter 102 of the Town Code) shall be applied to the special permit review.
N.
Kennels. Kennels shall be located on parcels of at least 10 acres.
All dog runs or other areas in which dogs are kept must be located
at least 200 feet from any property line.
O.
Motels. Motels in Waterfront Residential Zoning Districts must be
on lots of at least 10 acres in size.
Q.
Nurseries and commercial nurseries.
[Amended 1-23-2023 by L.L. No. 2-2023]
(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.
R.
Offices, large. Preservation of existing vegetation and grading is
strongly encouraged.
S.
Outdoor concert events. Outdoor concert events which are not a part of the regular activities and operations of an approved or preexisting land use shall require a special use permit. Such events may not be held between the hours of 11:00 p.m. and 7:00 a.m. The Planning Board may specify maximum sound levels as a condition of a permit for such events. Outdoor concert events that attract 5,000 people or more or continue for 24 hours or more must be in compliance with requirements for a "mass gathering" as specified in the New York State Sanitary Code, Chapter 1, Subpart 7-1.
T.
Paintball facilities.
(1)
Hours of operation. Outside operations shall not begin prior
to 9:00 a.m., with all operations to cease at least 30 minutes before
sunset.
(2)
No lighting shall be allowed on or adjacent to outside playing
or range areas.
(3)
Outside playing or target range areas shall be at least 250
feet from all streams (seasonal or permanent), wetlands, water bodies
and adjacent property lines.
U.
Parking structures. Parking structures must provide for enhanced
stormwater control devices with respect to contaminant separating,
i.e., oil/water, etc.
W.
Sawmills, chipping mills, and pallet mills. Sawmill, chipping or
pallet mills are allowed on lots of at least 100 acres in size.
X.
Self-storage. All lots used for self-storage facilities must have
fencing along any property line visible from nearby public streets.
Y.
Sportsman's clubs/firing ranges.
[Amended 10-17-2016 by L.L. No. 7-2016]
(1)
Indoor firing ranges.
(a)
Distance requirements.
[1]
Indoor firing ranges shall not be located within
600 linear 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 600 linear 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.
(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.
(j)
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 decibels during daytime hours
nor more than three 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.
[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:
[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.
(2)
Outdoor firing ranges.
(a)
These requirements are intended to apply to pistol and rifle
firing ranges, as well as clay target and shotgun shooting facilities.
However, the Planning Board shall have the authority to waive or modify
these standards as they apply to clay target and shotgun shooting
facilities upon a determination that such standards would serve no
useful purpose.
(b)
Any pistol, rifle, clay target and shotgun firing range or shooting
facility shall be constructed to a standard set forth in the National
Rifle Association Range Source Book.
(c)
No outdoor firing range shall be permitted within 1,000 feet
of a school, church, adult or child day-care center or hospital. The
firing range shall be set back a minimum distance of 50 feet from
any street right-of-way or property line.
(d)
Rifle and pistol firing ranges shall be required to have a natural
earth embankment a minimum of 15 feet high, in the direction of fire
and behind the target area.
(e)
Firing ranges shall be posted with "No Trespassing — Danger
— Shooting Range" at one-hundred-foot intervals around the perimeter.
(f)
Rifle and pistol ranges shall be designed, constructed and operated
to contain, on site, all fired projectiles and properly dispose of
target materials.
(g)
At least one qualified individual in the sponsoring club or
organization shall be certified (National Rifle Association or equivalent)
for shooting range supervision. Each facility shall adopt safety rules
and regulations as determined by the sponsoring club or organization.
(h)
Outdoor firing ranges shall only operate between the hours of
9:00 a.m. and 30 minutes prior to sunset, unless other operating hours
are specifically approved by the Planning Board.
(i)
The Planning Board may attach such conditions to a special use
permit for an outdoor firing range as are necessary to protect the
public health, safety, and welfare.
Z.
Veterinary clinics. Veterinary clinics shall be located on parcels
of at least 20 acres. All dog runs or other areas in which dogs are
kept must be located at least 300 feet from any property line.
[Amended 7-21-2014 by L.L. No. 2-2014]
AA.
BB.
All uses in the CI-18 Zone/District. In addition to the application
requirements for Special Use Permit as identified in 179-10-040 all
applicants for new or modified uses in the CI-18 District shall provide
the following:
[Added 4-18-2016 by L.L.
No. 3-2016]
(1)
A schematic plan depicting the floor area of all proposed uses.
The plan shall include a description of the planned uses utilizing
the Institute of Transportation Engineers (ITE) Land Use Codes as
contained in the latest edition of the ITE Trip Generation Manual
(or a similar successor publication).
(2)
An estimate of the trip generating characteristics of the planned
uses utilizing the note ITE reference. Should a project not fall within
an ITE Land Use Code, documented trip generating characteristics of
sufficient sample size may be substituted subject to the approval
of the Town Engineer.
(3)
A traffic impact analysis (or traffic study) shall be prepared
consistent with generally accepted industry practices (including ITE
and NYSDOT guidelines). The NYSDOT Highway Design Manual Chapter 5
shall serve as the standard. The Town and/or its designees may stipulate
the form, scope and content of the analysis.
(4)
Applicants are required to comply with the Exit 18 Rezone [Traffic] Study dated February 2016 as prepared by CHA in preparing the project traffic study, as noted below in Subsection (4)(a), (b) and (c). Applicants are subject to the following conditions:
(a)
Access to Big Boom Road, Big Bay Road, Main Street,
Corinth Road and impacts to roadways shall be provided consistent
with the Exit 18 Rezone [Traffic] Study.
(b)
Site specific access and intersection improvements
as described in the Exit 18 Rezone study shall be completed by individual
applicants where the project is contributing traffic to an affected
intersection. The Town's Engineer shall advise the Planning Board,
during its review process and before it issues any approvals, about
which improvements the applicant should be required to construct.
(c)
Where the trip generating characteristics of a
proposed project exceed those contemplated and examined in the Exit
18 Rezone [Traffic] Study, the project applicant may be required to
reduce the size or scale of the project so as to reduce the trip generating
characteristics of the project.
(5)
The Town may utilize a developer's agreement to memorialize
the conditions of approval. The purpose of such development agreement
shall be to establish, in writing and for the benefit of both parties,
the specific parameters, conditions and requirements of the approval
which has been granted by the Planning Board and upon which the applicant
may rely in proceeding to arrange the financing and construction of
the planned development, including any public improvements and/or
land dedications required in connection therewith.
CC.
Interior storage facility.
[Added 10-17-2016 by L.L.
No. 7-2016]
(1)
Interior storage facilities shall comply with the parking and loading requirements of § 179-4-090. For the purposes of calculating required parking, the calculation shall be made utilizing the standard for "self-storage facility;" that is, one parking space per five storage units. The provisions for shared parking in § 179-04-090G 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.
(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. Preexisting 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 reconstruct 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
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.
DD.
Solar farms.
[Added 9-28-2020 by L.L. No. 9-2020]
(1)
Solar farms shall require a minimum land area of five acres.
(2)
Solar farms shall be enclosed by perimeter fencing to restrict unauthorized access at a height consistent with the current fence code. (See § 179-5-070.) However, the Planning Board shall have the discretion to vary or eliminate this requirement where the Planning Board has determined that safety and security at the site will be assured by alternate methods.
(3)
The manufacturer's and installer's identification and appropriate
warning signage and emergency contact information shall be posted
at the site and clearly visible.
(4)
Solar farm buildings and accessory structures shall, to the
extent reasonably possible, use materials, colors and textures that
will blend the facility into the existing environment.
(6)
The average height of the solar panel arrays shall not exceed
12 feet. However, the Planning Board shall have the discretion to
permit the solar panel arrays to exceed the height limitation of 12
feet to the extent necessary, as determined by the Planning Board,
to achieve the intended purpose of the solar collectors. Such determination
shall be made in consideration of the design of the solar collectors
and the subject property's natural and proposed characteristics, including,
but not limited to, topography, existing and proposed vegetative buffers,
and proximity to residential and/or commercial uses.
(7)
Solar farm and solar power plant panels and equipment shall
be surfaced, designed, and sited so as not to reflect glare onto adjacent
properties, facilities, and roadways.
(8)
On-site power lines shall, to the maximum extent practicable,
be placed underground.
(9)
All applications for solar farms shall be accompanied by a decommissioning
plan to be implemented upon abandonment, or cessation of activity,
or in conjunction with the removal of the structure, which shall be
reviewed and approved by the Town Board.
(10)
The following requirements shall be met for decommissioning:
(a)
Solar farms and solar power plants which have not
been in active and continuous service for a period of one year shall
be removed at the owners' or operators' expense within six months
of the date of expiration of the one-year period.
(b)
All aboveground and below-ground equipment, conduits,
structures, fencing and foundations shall be removed from the site
to a depth of at least three feet below grade.
(c)
The site shall be restored to as natural a condition
as possible within six months of the removal of all equipment, structures
and foundations. Such restoration shall include, where appropriate,
restoration of the surface grade and soil after removal of all equipment
and revegetation of restored soil areas with native seed mixes.
(d)
The Planning Board shall, as a condition of approval, require the posting of a removal bond of the solar farm's and solar power plant's equipment. In lieu of a removal bond, the Town Board, in its discretion, may permit the owner and/or operator to enter into a decommissioning agreement with the Town which provides, in relevant part, that if the decommissioning of the site is not completed within six months of the time period specified in Subsection DD(10)(a) above, and/or the restoration is not completed within the time period specified in Subsection DD(10)(c) above, the Town may, at its own expense, enter the property and remove or provide for the removal of the structures and equipment and/or the restoration of the site, as the case may be, in accordance with the decommissioning plan. Such agreement shall provide, in relevant part, that the Town may recover all expenses incurred for such activities from the defaulting property owner and/or operator. The cost incurred by the Town shall be assessed against the property and shall become a lien and tax upon said property and shall be added to and assessed as part of the taxes to be levied and assessed thereon and enforced and collected with interest in the same manner as other taxes. This provision shall not preclude the Town from collecting such costs and expenses by any other manner by action in law or in equity. In the event of any such legal proceedings, the owner and/or operator, as the case may be, shall be liable for all legal expenses, costs and disbursements in connection with said litigation, as awarded by a court of competent jurisdiction.
EE.
On-site consumption cannabis business and retail cannabis business.
On-site consumption and retail cannabis businesses are subject to
the New York State Cannabis Law with the following specific standards:
[Added 1-23-2023 by L.L. No. 2-2023]
(1)
Such businesses shall not be located within a 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 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.
(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 semipublic building.
(k)
School.
(3)
Hours of operation. On-site consumption cannabis business or retail
cannabis business shall not open before 9:00 a.m. nor remain open
after 9:00 p.m. Monday through Saturday and shall not open before
12:00 noon nor remain open after 6:00 p.m. 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.
(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.
FF.
Agricultural service use.
[Added 1-23-2023 by L.L. No. 2-2023]
(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.
(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.
Unless otherwise specified or extended by the
Planning Board, the special use permit shall expire if the applicant
fails to undertake the proposed action or project within one year
from the filing date of such decision thereof.
A use authorized by special permit may be revoked
by the Planning Board if it is found and determined that there has
been a material failure of compliance with any one of the terms, conditions,
limitations or requirements imposed by said permit.
All special use permits shall be subject to the provisions of Article 17, Enforcement, of this chapter.
The terms and conditions of any special use
permit shall be amended only in the same manner as required to grant
a special use permit, following the criteria and procedures of this
article. Any enlargement, alteration, or change of use or structure
allowed under a special use permit or addition of a new use or structure
on a property that received a special use permit shall require an
amendment to such special use permit.
