Queensbury City Zoning Code
ARTICLE 4
General Regulations
§ 179-4-010 Residential design requirements.
The following design requirements shall apply to residential development in the districts as designated:
A.
The restrictions and controls intended to regulate development in each district are set forth in Tables 1 through 4 of this chapter,[1] which are supplemented in other sections of this chapter.
[Added 1-28-2011 by L.L. No. 2-2011]
[1]
Editor's Note: Tables 1 through 4 are included at the end of this chapter.
B.
Except as hereinafter provided:
[Added 1-28-2011 by L.L. No. 2-2011]
(1)
No building or structure or land shall hereafter be used or occupied and no building or structure or part thereof shall be erected, moved or altered unless in conformity with the regulations herein specified for the districts in which it is to be located and supplementary regulations contained in this chapter.
(2)
No building or structure that is hereinafter allowed for the district in which such building or structure is located shall hereafter be erected or altered which will exceed the height or bulk; accommodate or house a greater number of families; occupy a greater percentage of lot area; or have narrower or smaller front yards, rear yards or side yards than is allowed in the particular district.
C.
Use regulations.
[Added 1-28-2011 by L.L. No. 2-2011[2]]
(1)
Permissible uses (PU). A use shall be permitted in a given zoning district if it is listed in the schedules or regulations hereof as a permissible use for that district, provided that all other requirements of this chapter are met.
(2)
Site plan review uses (SPR). A use listed in the schedule of regulations hereof as a site plan review use for a given zoning district shall be permitted in that district when approved in accordance with Article 9, Site Plan Review, hereof, provided that all other requirements of this chapter are met.
(3)
Special use permit (SUP). A use listed in the schedule of regulations as a special use permit shall be permitted in that district when approved in accordance with Article 10, Special Use Permits, provided that all other requirements of this chapter are met.
(4)
Nonpermissible uses (NP). Any use which is not a permissible use by right, site plan review, or special use permit in a given zoning district or which is not an accessory use to such a permissible use, site plan review use, or special permit use shall be a nonpermissible use and shall be deemed prohibited in that zoning district. Such NP uses shall be depicted as blank or empty spaces on Tables 2, 3 and 4 of this chapter.[3]
[3]
Editor's Note: Tables 2 through 4 are included at the end of this chapter.
(5)
Accessory use (AU) or accessory structure. An accessory use or accessory structure shall be permitted if the use to which it is accessory is a lawful use pursuant to the terms of this chapter and for which a permit has been issued if required pursuant to the terms of Article 4 hereof, so long as said accessory use or structure does not result in or increase any violation of the provisions of Article 4 and Article 13. An accessory structure shall not be used for commercial purposes by residents of residential structures, nor shall it include a sign except as permitted by Chapter 140, Signs.
(6)
Principal buildings in residential zones. In areas zoned for single-family dwellings (including the LC, PR, RR, WR, NR, MDR, and RC zones), a maximum of one single-family dwelling may be constructed per lot, regardless of lot size. Additionally, the minimum density requirement as indicated in Table 1[4] shall constitute the minimum area per principal building allowed within these zones. Construction of additional single-family dwellings shall require subdivision approval and shall be in conformance with the requirements of this chapter.
[4]
Editor's Note: Table 1 is included at the end of this chapter.
(7)
Overlay zone. An overlay zone is a mapped zone that imposes a set of requirements in addition to those laid out by the underlying zoning regulations. Overlay zones typically address special features or conditions that may pertain to several distinct districts, such as historic areas, wetlands, and downtown residential enclaves.
D.
Rural design. New residential subdivisions, construction and/or development that occurs in the LC, PR and RR Zoning Districts shall comply with the following rural design requirements:
(1)
Subdivisions.
(a)
Existing stone walls, established hedgerows and/or mature tree lines shall be preserved and utilized for establishment of lot lines and considered in the lot layout for design of subdivisions.
(b)
Flag lots shall be allowed in order to provide more flexibility in design, provided the following standards are met:
[1]
A maximum of one flag lot for every three frontage lots.
[2]
A minimum of 60 feet of road frontage shall be required for the flag lot and, if applicable, an easement shall be provided to allow for future connections off of the flag lot or its road frontage.
[3]
All buildings on the flag lot shall be set back at least 125 feet from the closest rear property line of the abutting parcel(s).
[4]
Private roads are allowed in order to minimize public road frontage development and to increase flexibility of design. The road frontage along a private road that is approved by the Planning Board and is constructed in accordance with Town specifications may be used to satisfy the minimum road frontage requirements set forth in Article 3 above.
(2)
Nonsubdivision development.
(a)
Buildings shall be located in such a manner as to avoid placement in the middle of open fields. Building locations shall be encouraged to be placed at the edges of fields or in cleared areas next to fields wherever practicable.
(b)
Buildings shall be located where existing vegetation and/or topography provides a natural buffer and screening from roads and neighboring properties.
(c)
Clearing of vegetation and trees along roads shall be minimized so long as adequate site distances for driveways are maintained. The use of curves in driveways shall be utilized to screen buildings so long as right-angle intersections with roads are maintained for the last 50 feet of the driveway.
(d)
Buildings shall also be sited so that existing vegetation and topography can be used as a background or integrated into the building site location.
E.
Moderate-density residential design. New residential construction and/or development in the Moderate-Density Residential Zoning Districts shall comply with the following design requirements:
(1)
Subdivisions.
(a)
Existing stone walls, established hedgerows and/or mature tree lines shall be preserved and utilized for establishment of lot lines and considered in the lot layout for design of subdivisions.
(b)
Flag lots are not allowed.
(c)
Private roads are not allowed.
(d)
All subdivisions shall include connector streets with existing adjacent residential developments and/or the reservation of fifty-foot-wide rights-of-way or strips of land (paper streets) to allow for future connecting streets to lands that are as yet undeveloped but may be utilized in the future for residential development.
(e)
Easements with a minimum of 10 feet shall be required along the fronts of lots for provision of off-street sidewalks or pedestrian paths as well as lighting and utilities where applicable.
(f)
Pedestrian and bicycle paths shall be provided to any common facilities and common open space within the subdivision as well as leading to any schools, playgrounds, parks, and/or public open space or recreational areas that are located in the vicinity of the subdivision. Bicycle circulation shall be accommodated on streets via a separate striped four-foot-wide lane on the street and/or on dedicated off-street bicycle paths that may or may not be shared as a pedestrian path. Where feasible, any existing bicycle routes through the site shall be preserved and enhanced.
(g)
Street layouts shall provide for blocks that are generally in the range of 200 feet to 800 feet deep by 500 feet to 1,500 feet long. For large subdivisions, a variety of block and lot sizes shall be provided to facility housing diversity and to avoid uniformity of layout design.
(h)
(Reserved)
(i)
All common areas, including but not limited to stormwater drainage areas, detention ponds, parks, playgrounds and open space areas, shall be subject to written maintenance, ownership and usage arrangements that must be approved by the Planning Board and recorded against each lot in the subdivision.
F.
Neighborhood residential design. New construction and/or development in the Neighborhood Residential Zoning Districts shall comply with the following design requirements:
(1)
Subdivisions.
(a)
Subdivisions shall follow traditional neighborhood general design concepts, including:
[1]
Relatively compact design that encourages walking.
[2]
Provide a mix of uses and/or housing styles, types and sizes.
[3]
Incorporate a system of relatively narrow, interconnected streets with sidewalks.
[4]
Retain existing buildings with historical or architectural features that enhance the visual character of the community.
(b)
Conservation design subdivisions are not allowed.
(c)
Flag lots are not allowed.
(d)
Private roads are not allowed.
(e)
All subdivisions shall include connector streets with existing adjacent residential developments and/or the reservation of fifty-foot-wide rights-of-way or strips of land (paper streets) to allow for future connecting streets to lands that are as yet undeveloped but may be utilized in the future for residential development.
(f)
Easements with a minimum of 10 feet shall be required along the fronts of lots for provision of off-street sidewalks or pedestrian paths as well as lighting and utilities where applicable.
(g)
Pedestrian and bicycle paths shall be provided to any common areas within the subdivision as well as leading to any schools, playgrounds, parks, and/or public open space or recreational areas that are located in the vicinity of the subdivision. Bicycle circulation shall be accommodated on streets via a separate striped four-foot-wide lane on the street and/or on dedicated off-street bicycle paths that may or may not be shared as a pedestrian path. Where feasible, any existing bicycle routes through the site shall be preserved and enhanced.
(h)
Sidewalks (four feet to five feet in width depending on projected pedestrian and bike traffic) shall be provided. Sidewalks and walkways shall connect all dwelling entrances to the public sidewalk.
(i)
Street layouts shall provide for blocks that are generally in the range of 200 feet to 500 feet deep by 400 feet to 800 feet long. Block design shall be fairly uniform to allow for interconnected street layout.
(j)
Lot widths shall create a relatively symmetrical street cross-section that reinforces the frontage street as a simple, unified public space.
(k)
Small pocket parks and playgrounds shall be included in the subdivision; generally one such area for every new subdivision and an additional one for every 25 dwelling units.
(l)
All common areas, including but not limited to stormwater drainage areas, detention ponds, parks and playgrounds, shall be subject to written maintenance, ownership and usage arrangements that must be approved by the Planning Board and recorded against each lot in the subdivision. It is encouraged that such areas be offered for dedication to the Town.
(m)
Where public transit service is available or planned, transit stops shall be provided and shall be placed in highly visible locations that promote security and are well-lighted. School bus stops shall also be planned and accommodated for in a similar fashion.
G.
Waterfront residential design. New residential subdivisions, construction and/or development in the WR Zoning District shall comply with the following requirements:
(1)
Subdivisions.
(a)
Existing stone walls, established hedgerows and/or mature tree lines shall be preserved and utilized for establishment of lot lines and considered in the lot layout for design of subdivisions, where practicable.
(b)
Flag lots are not allowed.
(c)
Private streets are not allowed but driveways shared by no more than four lots may be allowed upon Planning Board approval, provided that such driveway is appropriate for the location and a sufficient maintenance agreement is provided.
(d)
The minimum shoreline frontage for each lot shall be 150 feet and shall be measured along the mean high-water mark of the shoreline.
(e)
All proposed subdivision plats shall show the proposed locations for all dwellings, accessory structures, wells and septic fields for Planning Board review and approval as part of the subdivision application process.
[1]
Proposed building locations and site clearing shall be reviewed with consideration of views from the water to shore as well as from inland areas to the water.
[2]
Septic system plans shall be submitted as part of the subdivision process, or subsequent site plan review process, and be fully designed and approved prior to any construction or site preparation or clearing activities.
(2)
All development.
(a)
The minimum setback from the mean high-water line of the shoreline for all buildings and structures shall be a minimum of 50 feet or the average setback of the dwelling structures on the two adjoining lots, whichever is greater.
(b)
The placement of all buildings and structures, except docks and boathouses, shall be screened by vegetation or landscaped or located in such a manner so that the view of the buildings or structures from the water and to the water is filtered or obscured and the visual impact is minimized.
(c)
All patios and walkways between a residence and the shoreline shall be constructed of permeable materials wherever practicable.
(d)
Construction on any land in the WR District shall be carried out in such a manner so as to minimize the erosion that may be caused by such activity.
[1]
Construction, excavation and site clearing activities shall be carried out in the shortest time possible and best practice erosion and stormwater management shall be required.
[2]
A plan for such management shall be approved by the Code Enforcement Officer and implemented prior to the commencement of any construction, excavation or site clearing activities.
[3]
Shoreline areas, except beaches, shall not be exposed without vegetation for longer than the time period designated by the Code Enforcement Officer and, when exposed for such allowable time period, shall adequately be protected from erosion.
(e)
Lighting devices shall be oriented and limited so as to minimize disturbances on surrounding properties and so as not to unreasonably diminish or obstruct views from the water or to the water.
(3)
Conversions of seasonal residences. A conversion of a dwelling structure that had been previously used for seasonal purposes to a year-round residence shall be considered a change of use and shall require site plan review prior to such conversion as well as compliance with the following:
(a)
The septic system servicing such residence or the proposed system shall meet all present, applicable health code requirements and plans shall be submitted and approved.
(b)
In no case shall the conversion be allowed to expand the existing exterior dimensions of the existing dwelling structure by more than 1/3 of the existing building floor area, and all minimum setbacks must be met.
(4)
Shoreline alteration. No person shall construct, place, expand, alter or replace any seawall without first applying for, and obtaining, site plan approval from the Planning Board. In addition, site plan approval is required for any filling, grading, lagooning, dredging, ditching and/or excavating within the district where such activities affect a cumulative area greater than 200 square feet. The following standards shall apply to the foregoing activities:
(a)
General standards.
[1]
The activity shall not alter the natural contours of the shoreline.
[2]
The activity shall not disturb shoreline vegetation except in a minimal way. Where vegetation is destroyed, harmed or removed, it shall be restored or replaced with indigenous vegetation listed in § 179-8-040C. Stabilization shall be in accordance with the United States Soil and Water Conservation District engineering standards and specifications.
[3]
The activity shall be carried out in a manner designed to minimize erosion, sedimentation, and impairment of fish and wildlife habitat.
[4]
The activity shall be designed and carried out to preserve or enhance the aesthetic features of the shoreline area to be disturbed.
[5]
All applicable federal, state and other governmental agency permits shall be obtained.
(b)
Specific standards.
[1]
Filling. No fill shall be placed in this district except as associated with shoreline protective structures, beach replenishment, agricultural uses or other uses approved by the Planning Board. Any fill placed in this district shall be protected against erosion.
[Amended 1-28-2011 by L.L. No. 2-2011]
[2]
Dredging. There shall be no removal or rearrangement of materials in the water, except at those locations where such removal or rearrangement is found to be beneficial to existing shoreline conditions, uses, and water quality and clarity. Where dredging is permitted by the Planning Board, soil materials shall not be deposited in this district unless approved by the Planning Board.
[3]
Seawalls. The addition, expansion or replacement of any type of seawall shall be discouraged, except in the case where the alternative of shoreline restoration to a natural state is impossible due to excessive slope or severe erosion problems, a condition to be determined by the Zoning Administrator. Construction of seawalls shall not be permitted for only aesthetic reasons. When permitted, seawalls shall not exceed 16 inches in height, as measured from the stationary mean high-water mark, and shall be constructed of native stone or wood. Treated lumber shall not be used below the mean high-water mark. Seawalls greater than 100 square feet in area shall also require a shoreline setback variance.
(c)
Tree cutting and land clearing regulations. The purpose of the tree cutting and land clearing regulations is to protect scenic beauty, control erosion and reduce effluent and nutrient flow from the shoreline area. These provisions shall not apply to the removal of dead, diseased or dying trees or to other vegetation that presents safety or health hazards. Within this district, the removal of vegetation, including trees, shall be permitted on shorefront lots, provided that the following standards are met:
[1]
The requirements of Chapter 147 of the Code of the Town of Queensbury may be applicable to land disturbance activities in this district.
[2]
Existing vegetation on a site is to be maintained whenever possible.
[3]
As part of any permit submission, a survey of existing vegetation, to include all trees with a diameter breast height of three inches or greater, shall be provided for the development site. Vegetation to be maintained or removed shall be identified.
[4]
Site clearing shall be designed to impact the least amount of existing vegetation possible and only so as to accommodate proposed structures, site infrastructure and reasonable use of outdoor spaces to include walks and small lawn or open areas.
[a]
No more than 30% of the existing vegetation may be removed from a site.
[b]
Clearing of existing vegetation shall be accomplished in a manner that retains trees and ground cover and understory plantings in intact groupings of individual plants, rather than leaving single large trees susceptible to sun scald, wind throw and soil compaction. Sufficient protection of such groupings requires no construction activity at a minimum of 10 feet outside of the dripline of tree canopies. In addition, tree roots greater than four inches in diameter shall not be severed.
[c]
With new construction, clearing shall be limited to a maximum of 20 feet from the foundation line or base line of proposed residential or commercial structures, with screen trees and vegetation preserved within that buffer to the greatest extent possible; 10 feet maximum from the edge of accessory buildings.
[d]
Unless otherwise demonstrated as necessary, all soil retention shall be accomplished with natural and vegetative stabilization methods rather than with structural means.
[e]
Clearing and trenching for utilities will be kept to the minimum width practicable or 15 feet maximum. Where aboveground utilities may be sufficiently screened, they may be employed; otherwise, underground utility access and connection will be required. Visible clear-cuts are prohibited; if necessary under exceptional conditions, vegetative plugs will be employed to satisfactorily reduce their visual impact.
[f]
All utilities (to include but not be limited to on-site wastewater treatment, stormwater management systems, wells, etc.) shall be sited in a manner to limit the contiguous clearing.
[g]
Where site features and vegetation are unavoidably impacted by new construction, the vegetation and topography associated with essential site features and functions shall be restored to a condition which will replicate immediately or over time the existing conditions which were impacted and restore those features to their effective functions.
[5]
Any change in grade of four inches or more around existing trees in CEA areas requires the construction of tree wells if the grade is to be raised or a retaining wall if the grade is to be lowered to prevent damage and/or subsequent death to the tree.
[6]
[5]The general exception to the above standards shall be an allowance for lake access and beaches. The creation of a contiguous clear-cut opening in the buffer strip shall not exceed 30% of the shoreline frontage on any individual lot or a maximum of 50 linear feet, whichever is less. The clear-cut shall be angled across the lot so as to allow for a view and access, but reduce runoff. Pedestrian pathways shall be located within this view corridor.
[7]
If not part of a view corridor, pedestrian paths (access areas to beach or dock) shall be limited to four feet and must be constructed of permeable materials such as paving stones, woodchips or composting decking with drainage slots.
[8]
Dead, diseased or dying trees may be removed only if they constitute a hazard and must be replaced (with reasonably similar vegetation) within six months if the approved site plan or shoreline vegetation minimum requirements are not being met.
[9]
Where a shoreline lot owner violates this section, the Code Enforcement Officer shall require total revegetation so as to create a buffer strip area which is in compliance with this section.
(d)
Use of fertilizers. Fertilizer use within 50 feet of the shoreline is prohibited. Where allowed, fertilizers shall have a phosphorus content of 1% or less and contain slow-release nitrogen.
(e)
Provisions for access. Within this district, the following minimum shoreline frontages shall be required for deeded, easement, right-of-way or other contractual access to the shoreline for three or more lots, parcels, or sites or multifamily dwelling units not having separate and distinct ownership of shore frontage:
[1]
Site plan review and approval by the Planning Board pursuant to the standards below.
[2]
A plan shall be submitted showing areas for swimming, recreation, docking, building placement, parking and landscaping.
[3]
Compliance with the provisions of this section and this chapter.
[4]
Such use shall not significantly impair the natural appearance of said parcel; shall not overcrowd the parcel or the adjacent water surface; shall not produce unreasonable noise or glare to the surrounding properties; and shall not pose any substantial hazards.
[5]
The first three lots, sites or dwelling units shall require a total of not less than 75 feet of shoreline frontage, and each additional lot, site or dwelling unit shall require an additional five feet of shoreline frontage.
[6]
Waterfront parcels may be developed for contractual access for five or more lots or units only if those lots or units are part of an overall development plan for land that is located adjacent to the waterfront parcels.
[7]
Each parcel used for contractual access shall measure at least the minimum lot area for the zoning district where the access is proposed and shall measure an average depth of 100 feet from the mean high-water mark.
[8]
No structures other than toilet, changing facilities, and picnic shelters shall be constructed on the waterfront parcel. The total combined square footage of all structures shall not exceed 1,000 square feet.
[9]
Commercial activities of any kind are prohibited.
[10]
Parking areas shall be landscaped and shall be set back from the shoreline a minimum of 75 feet.
§ 179-4-020 Mobile Home Overlay Districts.
A.
Purpose. The Town of Queensbury, in order to provide alternative housing types and to provide affordable housing, has identified areas within the Town where mobile homes and mobile home parks may be located.
B.
Designated areas. Areas designated for single mobile home sites and for mobile home parks and subdivisions are shown on the Zoning Map.
§ 179-4-030 Travel Corridor Overlay Districts.
A.
Purpose. The Town of Queensbury realizes that as the Town and the region continue to grow, the need for improved local arterial roads will become important to the movement of traffic within the Town of Queensbury. In order to maintain the rural character along these roadways and/or to allow widening of these roadways in the future, increased setbacks for new construction have been established along the major regional arterials in the Town.
B.
Designated arterials. The following roads shall comply with the requirements of the Travel Corridor Overlay Zone:
(1)
Route 9 from the Glens Falls City line north to the Lake George Town line.
(2)
Ridge Road from the Glens Falls City line north to Route 149.
(3)
Corinth Road from the Luzerne Town line east to Route I-87.
(4)
Aviation Road from Route I-87 east to Route 9 (see below).
(5)
Route 149 from Route 9 east to the Fort Ann Town line.
(6)
Bay Road from the Glens Falls City line north to Route 149.
C.
Regulations. All buildings hereafter erected or altered within this Travel Corridor Overlay District shall be set back 75 feet from the edge of the road right-of-way. The setback along the south side of Aviation Road shall be 40 feet. Along Bay Road only, this seventy-five-foot setback shall be maintained as open space, as defined by this chapter. Additionally, within portions of the Route 9, Ridge Road, Aviation Road, Route 149 and Bay Road Travel Corridor Overlay Zones, design guidelines shall also apply (See Article 7).
§ 179-4-035 Interstate Highway Overlay District.
[Added 1-28-2011 by L.L. No. 2-2011]
A.
Purpose. The Town of Queensbury has evaluated residential development in close proximity to the Adirondack Northway (I-87) and concluded that such development may be generally considered to be unsafe and unhealthy (especially for children) and may expose those living there to noise, hydrocarbon pollutants, dust and other particulates.
B.
Designated area. Lands located within 500 feet of the bounds of the right-of-way for the Adirondack Northway (I-87) shall be considered to be within this overlay district. The limits of such district are shown on the Town Zoning Map.[1]
[1]
Editor's Note: The Zoning Map is on file in the Town offices.
C.
Regulations. Within the Interstate Highway Overlay District, there shall be no new residential subdivision of land. Existing residences may be enlarged or expanded and existing vacant lots may be developed, provided that there is no subdivision of land.
§ 179-4-040 Shoreline setbacks.
The minimum setback from the mean high-water mark of all principal buildings and accessory structures, other than docks or boathouses, shall be as noted in Article 3 of this chapter. For shoreline setbacks in the Waterfront District, also refer to § 179-4-010D.
§ 179-4-050 Frontage on public or private streets.
Except in the Rural Residential Districts, every principal building shall be built upon a lot with frontage upon a public street improved to meet the standards of the Town of Queensbury.
A.
The required frontage for one principal building shall be at least 50 feet, and such frontage shall provide actual physical access to and from the lot to be built upon, for purposes of ingress and egress to the lot by emergency vehicles, such as fire trucks and/or ambulances.
B.
Where private roads are proposed or where multiple principal buildings are proposed for one lot, such as, but not limited to, mixed-use developments, apartments or an office park, the minimum frontage on a public road for such use shall be the width of the right-of-way for a public collector street. Such development shall provide actual physical access to and from each principal building to be built upon the property, for the purpose of ingress and egress to each principal building by emergency vehicles, such as fire trucks and ambulances.
§ 179-4-070 Lots bounded by two roads or road and shoreline.
A.
The definitions of front, rear and side yard notwithstanding, where a lot is bounded by two roads (a public road or public right-of-way exclusive of a private right-of-way), or a road and a shoreline, any front yard or setback requirements set forth in this chapter shall be met on both such boundaries. Both areas or sides of the lot adjacent to each road or shoreline shall be considered front yards for chapter compliance purposes. The remaining areas shall be considered rear yards. The lot will be treated as if it had no side yards, but only front and rear yards, for zoning compliance purposes.
B.
Corner lots fronting on Main Street. Where a lot is bounded by Main Street and an intersecting street or road (a public road or public right-of-way exclusive of a private right-of-way), front yards and front setback requirements shall be determined in accordance with the requirements of § 179-3-040B(5)[b][2]. The property line abutting and shared with an adjacent property also fronting on Main Street shall be considered a side lot line. The property line abutting and shared with an adjacent property which also has frontage on the street or road intersecting with Main Street shall be considered a rear lot line. (See Figure X below).
[Added 5-16-2016 by L.L. No. 4-2016]
 Figure X: Corner lots in the Main Street Zoning District |
§ 179-4-080 Setbacks for porches, canopies and decks.
[Amended 1-28-2011 by L.L. No. 2-2011]
Covered porches or canopies and decks, whether or not enclosed, shall be considered as part of the main building and shall not project into a required setback with the exception of the Main Street zoning district.
§ 179-4-090 Parking and loading regulations.
A.
Off-street parking spaces shall be required for all buildings constructed, extended and enlarged.
B.
Each off-street space shall be nine feet in width by not less than 18 feet in depth for 30°, 60°, or 90° (angled) parking and not less than 25 feet in depth for 0° (parallel) parking. Parking lots may devote 10% of the total number of spaces that are 8 1/2 feet wide by 18 feet long for the use of compact cars.
[Amended 1-28-2011 by L.L. No. 2-2011]
C.
For all parking lots, space necessary for safe pedestrian walkways shall be provided. The permeable portions of this space may count towards the permeability requirements found in Article 3.
D.
For lots over 24 spaces, 162 square feet of landscaping shall be required for every eight parking spaces. This landscaping space may be used to provide the pedestrian walkways required in Subsection C above. All may be counted towards the landscaping requirements. Parking design and landscaping requirements are found in § 179-8-040 of this chapter.
E.
Each parking space shall be reached by an access driveway at least 24 feet clear in width for two-way traffic or 12 feet clear in width for one-way traffic. One-way traffic driveways that also serve as fire apparatus access roads shall be at least 20 feet wide.
F.
Off-street parking schedule. The off-street parking schedule is found on Table 5 which follows. Parking requirements for uses not listed in this schedule shall be determined by the Planning Board, which shall consider the requirements of the most similar use(s) in making its determination.
[Amended 1-28-2011 by L.L. No. 2-2011; 7-21-2014 by L.L. No. 2-2014; 10-17-2016 by L.L. No. 7-2016; 6-1-2020 by L.L. No. 6-2020]
Table 5: Parking Requirements | |
|---|---|
Use | Minimum Number of Spaces |
Adult use establishment | 1 per 4 seats, plus 1 per 2 employees, or if a nightclub is present, the requirement shall be the greater of the two uses |
Amusement center | 1 per 200 square feet of gross floor area or 1 for every 4 expected patrons, whichever is greater |
Agricultural service use | 2, plus 1 per employee |
Apartment house/condominium | 1.5 per unit |
Asphalt plant | 1 per employee on the maximum working shift, 1 per company vehicle, and 1 per 1,000 square feet of building area |
Assembly operation/use | 1 per employee on the maximum working shift, plus 1 per company vehicle |
Auto service body/repair shop | 2, plus 2 per repair bay, plus 1 per employee on maximum shift |
Automotive sales and service area | 1 per 200 square feet of floor area, plus 1 per 500 square feet of service area |
Bank | 1 per 200 square feet of gross floor area |
Bed-and-breakfast | 1 per guest room, plus 2 spaces |
Boat storage facility | 1 per employee |
Building supply/lumberyard | 1 per 200 square feet of gross floor area |
Bus storage | 1 per employee, 1 per company vehicle, and 1 per 1,000 square feet of building area |
Business service | 1 per 200 square feet of gross floor area, plus 1 per employee or company vehicle |
Campground | 1 per campsite, plus 1 per 200 square feet of building area |
Car wash | 3 stacking spaces per bay |
Cement plant | 1 per 2 employees on the maximum working shift, plus 1 for each company vehicle |
Cemetery | 1 per 5 acres |
Chemical plant | 1 per 2 employees on the maximum working shift, plus 1 for each company vehicle |
Commercial boat sales/service/storage | 1 per 200 square feet of floor sales area, plus 1 per 600 square feet of service area |
Condominium development or unit | 1.5 per unit |
Construction company | 1 per 200 square feet of office area, plus 1 per company vehicle |
Convenience store | 1 per 150 square feet of floor area |
Convention center | 1 per 4 seats, plus 1 per 2 employees |
Day-care center | 1 per 2 employees on the maximum working shift |
Distribution center | 1 per 2 employees on the maximum working shift, plus 1 for each company vehicle |
Drive-in theater | 1 per viewing stall, plus 1 per employee on the maximum working shift |
Duplex | 2 per dwelling unit |
Dwelling unit | 2 per dwelling unit |
Electric power plant | 1 per 2 employees on the maximum working shift |
Enclosed shopping center | 5 per 1,000 square feet of GLFA up to 150,000 square feet; 4.5 per 1,000 square feet GLFA up to 500,000 square feet; 3.75 per 1,000 square feet of GLFA above 500,000 square feet |
Fast-food establishment | 1 per 3 seats, plus 1 per 2 employees |
Food service | 1 per 4 seats, plus 1 per 2 employees, or if a nightclub is present, the requirement shall be the greater of the two uses |
Fuel supply depot | 1 per company vehicle, 1 per employee and 1 per 500 square feet of office space |
Funeral home | 1 per 2 seats available under maximum occupancy |
Gallery | 1 per 200 square feet |
Golf course or country club | 3 per hole |
Golf driving range | 1 per stall and 1 per employee |
Group camp | 1 per each 10 members |
Health-related facility | 1 per 500 square feet |
Heavy equipment sales | 1 per 500 square feet |
Heavy industry | 1 per 2 employees on the maximum working shift, plus 1 for each company vehicle |
Home occupation | 1 per 100 square feet dedicated to the use, plus dwelling requirement |
Indoor firing range | 1 per 2 employees on the maximum working shift, plus 1 per shooting lane |
Junkyard | 1 per 2 employees |
Kennel | 1 per 600 square feet of area devoted to the use |
Laundromat | 1 per 2 washing machines |
Library | 1 per 4 seats |
Light manufacturing | 1 per 2 employees on the maximum working shift, plus 1 for each company vehicle |
Limousine service | 1 per company vehicle, 1 per employee, 1 per 1,000 square feet of office |
Live theater | 1 per 6 seats, plus 1 per 2 employees |
Logging company | 1 per 200 square feet of office area, plus 1 per company vehicle |
Marina | 1 for each 2 boats for which a space is provided |
Mineral extraction | 1 per company vehicle, 1 per employee and 1 per 1,000 square feet |
Mobile home | Same as dwelling unit |
Mobile home sales | 1 per 1,000 square feet of area devoted to the use |
Motel | 1 per guest room, plus one per employee |
Movie theater | 1 per 4 seats |
Multifamily house/dwelling | 1.5 per unit. 1.25 parking spaces per unit in the Enclosed Shopping Center (ESC) district. |
Multifamily senior living | 1 per 2 housing dwelling units |
Municipal center | 1 per municipal vehicle, 1 per employee and 1 per 200 square feet of office space |
Museum | 1 per 2 employees, plus 1 per 600 square feet of display area |
Nightclub | 1 per 200 square feet or 1 per 100 square feet if music is provided |
Nursery | 1 per 300 square feet of sales area, plus 1 per 2 employees, plus 1 per company vehicle |
Office, small <20,000 square feet | 1 per 300 square feet of gross leasable floor area |
Office, large >20,000 square feet | 5 per 1,000 square feet of gross leasable floor area |
Outdoor concert events | 1 per 2 persons at maximum capacity |
Outdoor recreation | 1 per 2 persons at maximum capacity |
Paintball facility | 1 per 2 persons at maximum capacity |
Personal service | 1 per 300 square feet of gross leasable floor area |
Place of worship | 1 per 5 seating spaces in the main assembly area |
Playground | As per Parks and Recreation Department |
Private school | 1 per 10 seats, plus 1 per staff member |
Produce stand | 2 per 100 square feet of area devoted to the use |
Public or semipublic building | 1 per employee and 1 per 500 square feet of building area |
Railroad service or repair facility | 1 per 2 employees on the maximum working shift |
Recycling center | 1 per employee, 1 per company vehicle and 1 per 500 square feet |
Recreation center, private | 1 per 300 square feet of total enclosed space |
Recreation center, public | 1 per 2 employees on the maximum working shift, plus 1 per 300 square feet of enclosed public space |
Repossession business | 1 per employee, 1 per 300 square feet of office, plus vehicle storage area |
Research and development facility | 1 per 2 employees on the maximum working shift, plus 1 for each company vehicle |
Retail business | Same as enclosed shopping center |
Riding academy | 1 per 2 horse stalls |
Sand and gravel processing | 1 per 2 employees on the maximum working shift |
Sawmill, chipping or pallet mill | 1 per 2 employees on the maximum working shift |
School | 3 per classroom grades K through 9, 4 per classroom for all other uses |
Self-storage facility | 1 per 5 storage units |
Senior detached housing | 1 per dwelling unit |
Shopping mall/plaza | Same as enclosed shopping center |
Single-family dwelling | 2 |
Ski center | 1 per 2 employees, plus 1 per 300 square feet of enclosed public space |
Sportsman's club/firing range | 1 per shooting stall, or 1 per 2 seats in open assembly, whichever is greater |
Telecommunications tower | 1 per site |
Town house/row house | Same as dwelling unit |
TV or radio station | 1 per 400 square feet of floor area |
Truck depot | 1 per company vehicle, 1 per employee and 1 per 1,000 square feet of office space |
Veterinary clinic | 1 per 400 square feet of floor area, plus 1 per 2 employees |
Warehouse | 1 per employee and 1 per company vehicle |
Wholesale business | 1 per 300 square feet of floor area |
G.
For any building or development having more than one use, both the minimum and the maximum number of spaces to be provided shall be calculated as described below:
(1)
Calculate the number of spaces required for each use separately.
(2)
The use with the largest required number of spaces shall be considered the primary use.
(3)
Recalculate the number of parking spaces for each nonprimary use by multiplying it by the sharing factor for uses in the table below. To find the sharing factor, compare each nonprimary use to the primary use.
Table 2 — Sharing Factors | ||||
|---|---|---|---|---|
Use | Residential | Lodging | Commercial (except office) | Office |
Residential | 1 | 0.9 | 0.8 | 0.6 |
Lodging | 0.9 | 1 | 0.7 | 0.3 |
Commercial (except office) | 0.8 | 0.7 | 1 | 0.8 |
Office | 0.6 | 0.3 | 0.8 | 1 |
(4)
Add the number of spaces required by the primary use to all of the recalculated number of spaces for each nonprimary use. This is the total number of spaces to be provided.
(5)
All parking spaces shall be available to all users. There shall be no restrictions, with the exception of handicapped parking.
(6)
If land within a multiuse development is to be conveyed to different owners, the Planning Board shall require appropriate easements and deed covenants so that the shared parking arrangement shall remain between the various parcels for as long as the uses and/or structures exist.
H.
In general, parking shall be provided on the same lot as the principal use. However, parking may be provided on a separate lot or tax parcel at the discretion of the Planning Board if the separate lot or tax parcel is within 300 feet of the principal use, the two lots are under the same ownership with covenants, which tie the two lots together, and there is a safe way to transport people from one parcel to the other.
I.
In any district, the Planning Board may apply the shared parking formulas found in Subsection G (above) to approve the joint use of a parking facility and a reduction in the parking requirement by two or more principal buildings or uses, either on adjacent or nearby parcels. There shall be a covenant on the separate parcel or lot guaranteeing the maintenance of the required off-street parking facilities during the existence of the principal use. Such covenant shall:
(1)
Be executed by the owner of said lot or parcel of land and the parties having beneficial use thereof;
(2)
Be enforceable by either of the parties having beneficial use thereof as both; and
(3)
Be enforceable against the owner, the parties having beneficial use, and their heirs, successors and assigns.
J.
Shared parking is permitted for all uses in the Enclosed Shopping Center zoning district regardless of whether the uses are on a separate subdivided parcel.
[Added 6-1-2020 by L.L. No. 6-2020[1]]
K.
All parking shall be lighted in accordance with the standards in § 179-6-020.
[Amended 6-1-2020 by L.L. No. 6-2020]
L.
When a change in the intensity of use of any building or structure would increase the required parking by 10 or more spaces, through an addition or change in the number of dwelling units, gross floor area, gross leasable floor area, seating capacity, or other units of measurement specified herein, the increment of additional required parking shall be provided in accordance with this section, unless a waiver is granted by the Planning Board. If fewer than 10 spaces are required by a change or a series of changes in use, the requirement for such space shall be waived.
[Amended 6-1-2020 by L.L. No. 6-2020]
M.
Off-street loading.
[Amended 6-1-2020 by L.L. No. 6-2020]
(1)
Except as provided in Subsection M(2), at least one off-street loading facility shall be provided for each commercial or industrial establishment hereafter erected or substantially altered to have a gross floor area in excess of 5,000 square feet, computed as described below. Space for an off-street loading facility shall be in addition to space for off-street parking.
(2)
An enclosed shopping center shall provide two off-street loading spaces for each department store tenant. The Planning Board will require additional centralized loading facilities as may be reasonably necessary to service interior mail tenants, taking into consideration interior service corridors, traffic and parking patterns and architectural design.
(3)
Each off-street loading facility shall be subject to the following minimum requirements:
(a)
Each berth shall be not less than 12 feet wide, 40 feet long and, when covered, 14 feet in height.
(b)
Off-street loading facilities located within 50 feet of a residential property shall be shielded by walls, fencing or other suitable material which shall serve to screen noise and uncontrolled entrances.
N.
(Reserved)
O.
Bicycle facilities. Any use required to have 25 or more parking spaces shall supply one bicycle rack suitable for at least three bicycles per 25 spaces.
P.
The Planning Board shall, however, have the authority to require or permit fewer than the required parking spaces for any use, provided that an amount of open space equal to that amount of space that would have been used for the required number of parking spaces is left available for parking in the event that it is needed at some time in the future. Open space used for this purpose shall not be used to meet any other requirements of the Zoning Ordinance, including permeability requirements.
[Added 1-28-2011 by L.L. No. 2-2011]
§ 179-4-110 Underground Utilities Overlay District
[Added 4-19-2010 by L.L. No. 5-2010]
A.
Purpose and findings. The Town of Queensbury is currently experiencing significant new construction and reconstruction in developed areas which involve either installation or relocation of electric, telephone, cable television and telecommunication utility lines. Placement of these utilities underground would improve the safety and welfare of Town residents and visitors for several reasons. A multitude of utility poles close to the street constitutes a traffic hazard by increasing visual clutter and the likelihood of accidents related to the resulting distraction as well as by presenting a collision obstacle for vehicles which leave the lane of travel for any reason. Utility poles and overhead utility lines also pose a threat to public safety as they are vulnerable to being downed by ice and wind storms. Finally, the appearance of the major arterials in the Town contributes significantly to the overall impression of the community held by residents, visitors and commuters. Placing utilities underground will improve this general perception and positively impact the appeal of the community. This section is intended to provide these benefits by requiring the placement of electric, telephone, cable television and telecommunication utilities underground within the overlay district.
B. UTILITY LINES
Definitions. As used in this section, the following term(s) shall have the meaning(s) indicated:
Transmission, truck and lateral distribution lines, including electric, telephone, cable television, telecommunication and all other wires and cables.
C.
Creation of overlay district. An overlay district is hereby created to be known as the "Underground Utilities Overlay District" which includes all properties located within 125 feet of the center line of the following roads:
(1)
Warren County Route 28 (Main Street) from Exit 18 of the Adirondack Northway (NYS Route I-87) to the City of Glens Falls municipal boundary;
(2)
NYS Route 9 from NYS Route 149 to the City of Glens Falls municipal boundary;
(3)
All of Quaker Road (NYS Route 254) lying within the Town; and
(4)
Aviation Road (NYS Route 254) from west of the bridge over the Adirondack Northway (NYS Route I-87) to NYS Route 9.
D.
Undergrounding required. Any utility lines within the Underground Utilities Overlay District which are required to be relocated in connection with any construction project and any new utility lines to be installed within the overlay district shall be installed underground. The underground utilities shall extend and connect to existing overhead systems located along side streets within the overlay district corridors. The first structure of the side street overhead system must be located at a point that is 125 feet or greater from the overlay district roadway corridor center line unless otherwise approved by the Town Board. Utility companies shall obtain all necessary approvals and permits prior to commencement of construction. Wherever practicable, trenches through utility easements shall be occupied jointly by electric and telecommunications utility lines. Whenever main distribution and trunk utility lines are located or relocated underground, lateral distribution lines from those lines to individual structures shall also be located or relocated underground. All new or relocated lateral distribution lines shall be located underground whether or not the main distribution and trunk lines are underground.
E.
Removal of existing poles and overhead lines. The utility company which owns existing utility poles and overhead utility lines shall remove such poles and lines immediately following installation and activation of the underground lines.
F.
Notwithstanding any other provisions of this section, individual telephone poles or electric poles (or similar separate and distinct utility structures) which are damaged or destroyed due to automobile accident or natural disaster (lightning, fire, flood or the like) may be repaired or replaced at the same or substantially similar aboveground location at the discretion of the utility company and/or property owner bearing responsibility for the repair or replacement.
G.
The provisions of this section shall be deemed to be applicable to any activity or project which has not already been substantially commenced. For this purpose, "substantial commencement" shall mean that the physical, on-site construction or work associated with the project or activity has actually begun in the field and was substantially underway at the time of enactment.
H.
The provisions of this section shall not be deemed applicable to new utility lines, including lateral service upgrades to customers, proposed to be placed within the Underground Utilities Overlay District, provided (1) undergrounding has not taken place in the location at issue and aboveground utility facilities are present, (2) any new utility lines, including lateral service upgrades to customers, utilize the existing aboveground utility infrastructure and (3) no relocation of such other existing aboveground facilities is otherwise required. Notwithstanding the foregoing, if thereafter such aboveground facilities must be relocated in connection with any construction project and the provisions of this section are therefore triggered, such facilities must be placed underground.