Queensbury City Zoning Code
ARTICLE 1
General Provisions
§ 179-1-010 Title and statutory authority.
A.
This chapter shall be known as the "Town of Queensbury Zoning Law." The Town of Queensbury is hereinafter referred to as the "Town."
B.
Enactment of this chapter by the Town is pursuant to Article 16 of the Town Law of the State of New York and Article 27 of the Executive Law of the State of New York and the Municipal Home Rule Law.
§ 179-1-020 Purpose and objectives.
A.
The purpose of this chapter is to promote the health, safety and general welfare of the residents and property owners of the Town and to provide for a variety of housing opportunities and densities and protect the property values and aesthetics of the Town by channeling and directing growth by regulating and restricting the height, appearance, number of stories and size of buildings and other structures, the percentage of a lot that may be occupied, the size of the yards, courts and other open spaces, the density of population and the location and use of buildings, structures and land for trade, industry, residence and other purposes, to the maximum extent permissible within the proper exercise of the police power as delegated by the Town Law and the authority which may be exercised by towns pursuant to the Municipal Home Rule Law.
B.
It is the further purpose and objective of this chapter to ensure optimum overall conservation, protection, development and use of the unique scenic, aesthetic, wildlife, recreational, open space, historic, ecological and natural resources of the Town, support the overall objectives of the Town's Comprehensive Land Use Plan, as amended from time to time, and to satisfy the criteria for approval by the Adirondack Park Agency of a local land use program pursuant to Section 807, Subdivision 2, of the Adirondack Park Agency Act, for the area of the Town within the Adirondack Park.
§ 179-1-030 Compliance required; more restrictive provisions to prevail.
No land use development, disturbance or activity shall be undertaken or maintained except in conformity with all provisions contained in this chapter. Where this chapter is more restrictive than covenants or agreements between parties or other plans or other rules or regulations or ordinances or the Adirondack Park Agency Act, the provisions of this chapter shall control.
§ 179-1-040 Authority of Adirondack Park Agency.
Nothing in this chapter shall be deemed to supersede, alter, enlarge or impair the jurisdiction of the Adirondack Park Agency, pursuant to the Adirondack Park Agency Act, to review and approve, approve subject to conditions and disapprove those land uses and developments and subdivisions of land defined therein as "Class A Regional Projects," or otherwise to supersede, alter or impair the statutory functions, duties and responsibilities of the Agency with regard to matters involving a Town in which an Agency-approved local land use program has been validly adopted or enacted, provided that the Adirondack Park Agency cannot, in the context of its Class A Regional Project review, override a local decision not to permit a given land use or development.
§ 179-1-050 Exemption for certain property to be purchased by Town or owned by certain government organizations.
A.
Notwithstanding all other provisions of this chapter, all property constituting less than 100 acres for which the Town of Queensbury is under a valid, executed contract to purchase shall be exempt from all provisions of this chapter, including the subdivision regulations set forth in Chapter A183. Such exemption shall expire if said contract is terminated prior to closing of title.
B.
This exemption shall not apply to those transactions which result in the seller's remaining adjacent property being in violation of the relevant dimensional requirements of Article 3 of this chapter.
C.
This section shall not apply to any land division which constitutes a Class A or B Regional Project under the Adirondack Park Agency Act or any action which requires a permit under the Freshwater Wetlands Act[1] or the Wild, Scenic or Recreational Rivers System Act.[2] In addition, all land uses and development which are related to the jurisdictional subdivision or which are independently Class A or B Regional Projects shall require a permit from the Adirondack Park Agency or the Town, respectively. In every case, the shoreline restrictions of this chapter shall apply.
D.
Projects initiated by the federal government, state government, state urban development corporations and public schools may be exempt from local zoning regulations. Government immunity from zoning regulations is subject to interpretation. Notice of development proposed by such entities is required so that the Zoning Administrator can make a formal determination.
§ 179-1-060 Severability.
The provisions of this chapter are severable. If any article, section, subdivision or provision of this chapter shall be invalid, such invalidity shall apply only to the article, section, subdivision or provision adjudged invalid, and the rest of this chapter shall remain valid and effective.