Accessory structures, which are not attached to a principal structure, may be erected in accordance with the following restrictions:

When an accessory structure is attached to the principal building, it shall comply in all respects with the requirements of this chapter applicable to the principal buildings.

No accessory structure may be erected without a principal structure and/or use.

Pools may be erected only on the same lot as the principal structure.

Pools may be erected only in the rear yard of such structure and shall be of a distance not less than 20 feet from the rear lot lines or buffer zone, where appropriate, nor less than 10 feet from the side lot line or buffer zone, where appropriate.

(Reserved)

All private swimming pools shall be enclosed by a permanent fence of durable material at least four feet in height.

In the case where a lot fronts on two or more public rights-of-way, a private swimming pool shall be erected only on that portion of said lot that is directly adjacent to that side of the principal building which is directly opposite the architectural main entrance of said building and the neighboring side lot line. In no case shall the pool be any nearer to the lot lines abutting any public right-of-way than the required front setback for the principal building of the zoning district in which it is located. Furthermore, the pool shall be screened from the view of the public right-of-way and the neighboring property by means of landscaping. (See the definition of "landscaping" in Article 2 and the landscaping design standards set forth in Article 8 of this chapter.)

The property is a minimum of five acres.

The animals must be housed at least 50 feet from any property lines.

No dock shall be constructed in any configuration other than straight, pier, T, L, U, E or F shape.

No dock shall extend more than 40 feet offshore from the mean low-water mark, except that in streams or brooks, no dock shall extend offshore more than 20% of the width of the stream or brook at the point of construction.

No mooring shall be constructed or placed so as to extend offshore more than 100 feet from the mean high-water mark.

No dock shall exceed eight feet in width, and the total width of any dock or, including all lateral projections, shall be 40 feet.

The maximum surface area of any dock or wharf shall be 700 square feet, including any walkway. For the purpose of computing the maximum surface area, no portion of the structure shall be included within the computation which extends upland of the mean high-water mark, and the minimum allowable width of any dock, pier, lateral projection or finger shall be two feet.

The maximum surface area of any flat superstructure built upon and/or above any dock shall be 700 square feet. The measurement for this area is to include all areas bounded by the sundeck railing. For a peaked roof, the maximum surface area is limited to 1,000 square feet and is measured from eave-to-eave.

Every dock or wharf constructed shall have a minimum setback of 20 feet from the adjacent property line extended into the lake on the same axis as the property line runs onshore where it meets the lake or at a right angle to the mean high-water mark, whichever results in the greater setback. Further, for docks constructed on the same parcel, a minimum forty-foot separation between docks is necessary with the exception of Class A marinas with a valid special use permit.

No dock shall be constructed so as to interfere with normal navigation or reasonable access to adjacent docks.

The number of docks permitted to be constructed per lakefront lot is limited as follows:

No dock shall be constructed unless designed to withstand forces of flowing water and wave washes.

Boathouses and covered docks shall not exceed 16 feet in height measured from the mean high-water mark to the highest point of the structure.

Boathouses shall be designed and constructed solely for the storage of boats and related equipment and shall not include provisions for sleeping, cooking or sanitary facilities.

No dock shall be constructed within 50 feet of a wetland, except on Lake George, which is located adjacent to or along the shoreline.

Treated lumber, when used for the construction of docks, shall be the sealed, nonleaching type.

All crib docks shall be of the open crib type.

In all Waterfront Residential zones, boathouses may be constructed, subject to site plan review, on all water bodies that may be regulated by the Town of Queensbury.

The number of moorings allowed per lakefront lot is limited as follows:

Moorings shall be placed so that vessels moored to them, at the full swing of their mooring or anchor line, will be no closer than 20 feet to the projection of the property lines extended into the lake along the axis of the property lines as they intersect the lake or a line extended at a right angle to the mean high-water mark, whichever results in the greater setback. Moorings shall not be placed so that the full swing of the vessel extends more than 100 feet offshore from the mean high-water mark.

No owners of the upland property shall fail to completely remove any pilings, floats and/or any other related components which are abandoned or fall into disuse.

No person shall fail to comply with any special conditions attached to any permit issued for the construction of a dock.

A permit is not required for repairs above the mean high-water mark to an existing dock if such repairs do not alter its size, shape, or location.

In no case shall barbed wire, electric or similar materials or devices be used in conjunction with or as part of any fence. The provisions of this subsection shall not apply to fences on premises used for farm, industrial and utility purposes.

No fence shall be permitted which is expressly designed with the intent to injure or maim anyone who attempts to climb such a fence.

On any corner lot, no fence or other visually obstructing structure or vegetation higher than three feet shall be located within the clear vision zone. The clear vision zone includes the triangular area formed by the edges of the pavement and a straight line joining the edges of the pavement at points which are 35 feet distant from the intersection of the edges of the pavement and measured along such edges of pavement.

Height. Fence height shall be measured from the lowest point of the natural grade of the property.

All fences in a residential district shall have the most pleasant or decorative side facing the adjacent properties.

No fence over four feet in height shall be erected or maintained in the architectural front yard. The "architectural front yard" shall be defined as the yard facing the side of the building containing the architectural main entrance to the house. For a waterfront lot, the "architectural front yard" shall be defined as the yard facing the street.

No fence over six feet in height shall be erected or maintained in any rear yard or side yard except for corner lots where no fence over four feet in height shall be erected or maintained along yards adjacent to public streets.

No privacy-type fence, as defined in this chapter, shall encroach into the front yard setback requirement or shoreline setback requirement. Privacy fences shall be limited to side property lines only when being installed in front yards.

Fencing should be integrated into site design to the maximum extent practicable so it does not detract from the aesthetics of the site design.

Generally, fences should be no more than six feet high unless the fences are necessary for security purposes, in which case a fence may be erected that is eight feet high, together with such other features that will enhance security.

Fences with dangerous features, such as electric fences or barbed wire, are not allow in commercial districts.

In any case where a fence is proposed with features that may be dangerous, such as electric fences or the use of barbed wire, such fence shall only be allowed where one or more of the following requirements are met:

No fence greater than four feet in height, as measured from the level grade at a point along said fence, shall be erected within 50 feet of the mean high-water mark of the shoreline.

No fence greater than 200 square feet in area, measured by the vertical surface area of one side as circumscribed by its perimeter, shall be located within the shoreline setback. See § 179-5-070C(4).

Home occupations can provide numerous benefits for both home workers and the community; they can encourage business growth; startup or small businesses, single parents, the elderly, and the disabled can eliminate many otherwise prohibitive costs. Allowing a variety of home occupations can promote economic vitality and diversity in our community.

Allowing people to work in their homes can cut down on traffic congestion and the need for parking in commercial areas.

It is the intent of this chapter to identify and control any negative impacts of home occupations, and not arbitrarily prohibit certain types of occupations. The home occupation should not have a negative impact on the neighborhood and property values, or affect the health, safety and welfare of adjoining residents.

Home occupations are a good thing as long as they do not create any disturbances, such as noise, odors, or parking problems, in their neighborhoods.

Hobby or club/group meetings are not occupations and are not subject to this home occupation regulation.

This chapter shall not prevent individuals, owners, lessees or purchasers under contract from conducting a business, trade, or profession in their homes or residences, provided that they meet the standards set forth by these regulations.

The activity shall not alter the primary use of the premises as a residence and shall be subordinate and limited to its utilization for other than residential uses to 30% of the total floor area of the residence or 500 square feet, whichever is less.

Only the occupants of the residence and one nonoccupant of the residence may conduct the activity.

In no way shall the appearance of the structure be altered nor shall the activity within the residence be conducted in a manner which would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, signs, or the emission of noises, odors, vibration or electromagnetic interference.

There shall be no exterior storage, displaying or selling of materials, stock or equipment to be used in conjunction with a home occupation.

There will be no storage on the premises of explosives or highly flammable or extremely hazardous materials, as defined by the United States Environmental Protection Agency, used in conjunction with a home occupation.

There shall be no customer traffic unless noted otherwise.

There shall be no wholesale or retail sale of goods on the premises.

No signs are allowed.

There shall be no overnight parking of commercial vehicles.

The use of an accessory structure for a home occupation is prohibited.

The home occupation should not generate customer-related vehicular traffic in excess of three vehicles per day.

In no case shall a home occupation be open to the public at times earlier than 7:00 a.m. nor later than 9:00 p.m.

Any interior structural alterations to accommodate the home occupation will require the issuance of a building permit.

Consultation or emergency treatment by a doctor or a dentist, but not the general practice of such profession.

Home office facility of a salesperson, sales representative or manufacturer's representative, provided that no retail or wholesale transactions are made on the premises.

Office facilities for clergy.

Child-care/home care/day-care operations.

Home crafts such as model making, rug weaving, and lapidary work.

Workshop or studio for an artist, photographer, craftsman, writer, composer, dressmaker, tailor or computer repair, programming or design.

Facilities for instruction to not more than three pupils at any given time such as in music, dance or special education.

Homebound employment of a physically or mentally handicapped person who is unable to work away from home by reason of disability.

Accessory, not primary, office facilities for accountants, authors, editors, architects, brokers, consultants, engineers, website and graphic design, land surveyors, lawyers, planners, insurance agents, realtors, and financial planners.

Nursing homes, medical offices, clinics, or hospitals.

Antique or furniture shops.

Barbershops, hair stylists or beauty salons.

Funeral homes, mortuaries or embalming establishments.

Restaurants.

Private clubs or lodges.

Stables, kennels or animal hospitals.

Auto repair.

Auto sales.

Welding.

Metal working.

Heating, ventilation, air conditioning or similar businesses.

Boarding houses, tourist homes or bed-and-breakfast establishments.

Duplexes. Because of the similarity in appearance of duplexes to single-family detached homes, all area and bulk requirements set forth in § 179-3-040 apply to each building.

Multifamily and larger unit configurations: See the requirements of Article 3 hereof and Chapter A183, Subdivision of Land.

Road design. All nonpublic roads used for vehicular circulation in all multifamily projects shall be designed in width, curvature, etc., to accommodate service and emergency vehicles and shall meet all Town standards for public roads.

Ingress and egress. Where project roads intersect public roads, the subdivision site distances and grades shall apply. Generally, all road systems should be looped, minimizing dead-ends and culs-de-sac.

Pedestrian walkways. Pedestrian walkways shall be provided connecting the housing units to vehicular storage areas, to recreation areas, to other buildings and to any adjacent multifamily developments. Pedestrian walkways shall be separated from project roads with adequate visual indications or crosswalks to ensure pedestrian safety.

Off-street parking. Adequate off-street parking shall be provided as per § 179-4-090, of Article 4, General Regulations.

Water facilities. Approval of water supply by the Queensbury Water Department, when within the Queensbury Water District, or the Department of Health or other appropriate regulating agency shall be mandatory. All necessary permits must be secured prior to construction.

Sewage disposal facilities. Approval of the sewage disposal system by the New York State Department of Environmental Conservation or other appropriate regulating agency shall be mandatory. All necessary permits must be secured prior to construction.

The Planning Board is hereby authorized to review and approve, approve with modifications or disapprove site plans consistent with Town Law § 274-a which concern the placement and operation of wireless telecommunications facilities.

Wireless telecommunication facilities includes, among others things: antennas, towers, macrocells and small cells or small wireless facilities (also known as: 5G, next-generation wireless, nodes, femtocells, picocells and microcells and distributed antenna systems (DAS) and related infrastructures).

The purpose of this section is to establish uniform standards for the siting, design, permitting, maintenance, and use of wireless telecommunication facilities and infrastructure in the Town of Queensbury. While the Town recognizes·the importance of wireless communication facilities in providing high-quality communication service to its residents and business, the Town also recognizes that it has an obligation to protect and promote the health, safety and general welfare of its residents and to minimize the adverse effects of such facilities.

These regulations are to provide for the managed development of wireless telecommunication facilities and are not intended to prohibit or have the effect of prohibiting the provision of personal wireless services nor shall they be used to unreasonably discriminate among providers of functionally equivalent services consistent with current federal regulations.

By enacting these regulations, the Town intends to:

Tower facilities are restricted to certain areas within the Town of Queensbury. There areas are as follows: in any Commercial Light Industrial (CLI) and Heavy Industrial (HI) Zoning District or co-located on any property where a telecommunications tower or other tall structure (structures over 50 feet in height) exists.

Small cell facilities in areas where underground utilities are required or where existing utility infrastructure is already buried are restricted in the following ways:

Small cell facilities restrictions in other areas:

Single up-front/nonrecurring application fee for up to five small wireless facilities: $500 and $100 for each additional wireless facility in a single application.

Co-location on a permitted wireless facility: $200.

New pole, not a co-location: $1,000.

Small wireless facility: $270 per year.

ROW access fee: $270 per year.

Attachment to municipally owned structure (not streetlights) in the ROW: $270 per year.

Placement on town-owned streetlights, other than ornamental. The maximum contract is 10 years and the annual fee is $500 per small cell per pole.

No telecommunications facility shall hereafter be used, erected, moved, reconstructed, changed or altered, and no existing structure shall be modified to serve as a telecommunications facility, except after demonstration of conformity with these regulations and issuance of a zoning permit and/or site plan approval pursuant to this chapter.

Where these regulations conflict with other laws and regulations of the Town of Queensbury, the more restrictive shall apply, except for telecommunication facility height restrictions, which are governed by these standards.

Application. An applicant proposing to share use of an existing telecommunications tower shall submit the following to the Zoning Administrator:

Review. Upon receipt of a complete application, the Zoning Administrator shall promptly forward a copy of the engineer's report to the Town consulting engineer and shall review the application to determine if the proposal complies with the following terms and conditions:

If the Zoning Administrator finds that the application demonstrates compliance with the standards listed above and the Town consulting engineer either agrees with the finding of the engineer's report that the proposed collocation will not diminish the safety of the existing tower or determines that the revised proposal includes the required modifications described by the engineer's report, then the Zoning Administrator shall approve the proposal and issue a zoning permit. If the Zoning Administrator finds that the application does not demonstrate compliance or if the Town consulting engineer disagrees with the finding of the engineer's report or determines that the modifications described in the engineer's report are not included in the revised proposal, then the Zoning Administrator shall notify the applicant of the deficiency. The applicant may then submit a revised proposal or submit the proposal to the Planning Board for site plan review as described in Subsections F and G below for shared use of an existing tall structure.

Site plan. In addition to the requirements of Article 9, Site Plan Review, the following shall apply:

In addition to any fees provided for by § 179-9-060 of this chapter, the applicant shall be required to pay any fees or costs incurred by the Planning Board for legal, engineering and/or technical review, provided that the fees or costs reflect the actual costs to the Planning Board.

Co-location on existing telecommunications towers. Co-location of telecommunications equipment on existing telecommunications towers shall be the preferred placement mode and may be reviewed pursuant to the administrative review procedure set forth in Subsection F above. At the option of the applicant, an application for co-location on an existing telecommunications tower may be reviewed as a shared use of an existing tall structure as provided in Subsection G(2) below.

Shared use of existing tall structures. At all times, shared use of existing tall structures (for example, municipal water towers, multistory buildings) shall be preferred to the construction of new towers. In addition to the requirements of Subsection G above, an applicant proposing to share use of an existing tall structure shall be required to submit:

New telecommunications towers on lots already containing a tower. Construction of a new telecommunications tower on a lot already containing a telecommunications tower shall be given third priority after co-location on an existing tower and shared use of an existing tall structure. The Planning Board may consider a new telecommunications tower on a lot already containing a telecommunications tower when:

New telecommunications towers on lots not already containing a tower. Construction of a new telecommunications tower on a lot not already containing a telecommunications tower shall be given fourth priority after co-location on existing towers, shared use of existing tall structures and construction of a tower on a lot already containing a tower. The Planning Board may consider a new telecommunications tower on a lot not already containing a telecommunications tower when:

Any new tower shall be designed to accommodate future shared use by other telecommunications providers.

The maximum height of any new tower shall not exceed that which is necessary to provide service.

The Board may request a review of the application by a qualified engineer in order to evaluate the need for and the design of any new tower.

Accessory structures shall maximize the use of building materials, colors and textures designed to blend with the natural surroundings.

No portion of any tower or accessory structure shall be used for a sign or other advertising purpose, including but not limited to company name, phone numbers, banners and streamers.

Towers shall not be artificially lighted except to assure human safety as required by the Federal Aviation Administration (FAA). Towers shall be a galvanized finish or painted gray above the surrounding treeline and painted gray, green, black or similar colors designed to blend into the natural surroundings below the surrounding treeline unless other standards are required by the FAA. Towers should be designed and sited so as to avoid application of FAA lighting and painting requirements whenever possible.

An applicant who proposes a new telecommunications tower shall notify in writing the legislative body of each municipality that borders the Town of Queensbury and the Director of Warren County Emergency Services. Notification shall include the exact location of the proposed tower and a general description of the project, including but not limited to the height of the tower and its capacity for future shared use.

An applicant who proposes a new telecommunications tower within the Adirondack Park shall notify in writing the Adirondack Park Agency. Notification shall include the exact location of the proposed tower and a general description of the project, including but not limited to the height of the tower and its capacity for future shared use.

Documentation of this notification shall be submitted to the Planning Board at the time of application.

The requirements of this section shall apply to all solar energy systems and equipment installations modified or installed after the effective date of this section.

Solar energy system installations for which a valid building permit has been issued or for which installation has commenced before the effective date of this section shall not be required to meet the requirements of this section.

All solar energy systems shall be designed, erected and installed in accordance with all applicable codes, regulations and industry standards as referenced in the New York State Building Code and the Town Code.

Solar collectors, unless part of a solar farm, shall be permitted only to provide power for use by owners, lessees, tenants, residents, or other occupants of the premises on which they are erected, but nothing contained in this provision shall be construed to prohibit collective solar installations or the sale of excess power through a net-billing or net-metering arrangement in accordance with New York Public Service Law § 66-j or similar state or federal statute.

A solar energy system building permit shall be required for all solar energy systems as more specifically provided below. Applications for solar energy system building permits shall be pursuant to Town Code Chapter 88, Fire Prevention and Building Construction.

Rooftop or building-mounted solar energy systems shall be permitted in all zoning districts pursuant to a solar energy system building permit granted by the Town's Building Inspector and Zoning Administrator and subject to the requirements of this section, pursuant to Chapter 88, Fire Prevention and Building Construction.

Freestanding or ground-mounted solar energy systems shall be permitted in all zoning districts, subject to the issuance of a solar energy system building permit and site plan approval by the Planning Board.

Solar farms shall be permitted in the HI, CLI and LC districts subject to a solar energy system building permit and a special use permit, thereby also requiring site plan approval by the Planning Board.

Building-integrated photovoltaic (BIPV) systems are permitted in all zoning districts, provided that they are shown on the plans submitted for the building permit application for the building containing the system approved by the Town's Building Inspector and Zoning Administrator.

Solar thermal systems are permitted in all zoning districts, subject to the conditions set forth hereinafter.

Disposal of solar panels must follow all applicable New York State and local regulations.

Rooftop and building-mounted solar collectors must comply with the maximum height restriction in the associated zoning district.

Fire safety and emergency access. All such installations shall comply with the New York State Uniform Fire Prevention and Building Code (the "State Code") to insure firefighter and other emergency responder safety and access.

In all districts, a lot must have a minimum size of one acre in order for a freestanding or ground-mounted solar collector to be permitted.

The location of a ground-mounted or freestanding solar collector shall comply with a seventy-five-foot setback requirement. Solar farms are exempt from this setback requirement.

No ground-mounted or freestanding solar collectors shall be permitted in the front yard.

The height of the solar collector and any mount shall not exceed 12 feet when oriented at a maximum tilt to the horizontal.

Ground-mounted and freestanding solar collectors shall be screened as much as practicable from adjoining lots and street rights-of-way through the use of architectural features, earth berms, landscaping, fencing or other screening which will harmonize with the character of the property and surrounding area. The proposed screening shall not, however, interfere with the normal operation of the solar collectors.

Solar energy equipment shall be located in a manner to reasonably minimize blockage of sunlight for surrounding properties and shading of property to the north while still providing adequate solar access for collectors.

Solar energy equipment shall not be sited within any required buffer areas.

The total surface area of all ground-mounted and freestanding solar collectors on a lot shall not exceed the area of the ground covered by the building structure of the largest building on the lot measured from the exterior walls, excluding patios, decks, balconies, screened and open porches and attached garages. Installations on nonresidential properties exceeding the size may be approved by the Planning Board subject to site plan review pursuant to § 179-9-020.

The area beneath ground-mounted and freestanding solar collectors shall be included as 100% plan form in the maximum horizontal tilt configuration in calculating whether the lot meets maximum permitted lot building coverage and lot surface coverage requirements for the applicable district, notwithstanding that the collectors are not buildings.

The installation of ground-mounted and freestanding solar collectors shall be considered a development or development activity for purposes of Chapter 147, Stormwater Management.

Solar thermal systems shall comply with the following conditions:

All solar energy systems and equipment shall be permitted only if they are determined by the Town Building Inspector and Zoning Administrator not to present any unreasonable safely risks. Refer to New York's Uniform Fire Prevention and Building Code standards.

Prevention of glare. All solar collectors and related equipment shall be surfaced, designed and sited so as not to reflect glare onto adjacent properties.

All solar collector installations must be performed by a qualified solar installer.

Prior to operation, electrical connections must be inspected by the Town's Building Inspector and by an appropriate electrical inspection person or agency, as determined by the Town's Director of Building and Codes.

Any connection to the public utility grid must be inspected by the appropriate public utility.

Solar energy systems shall be maintained in good working order.

Rooftop and building-mounted solar collectors shall meet New York's Uniform Fire Prevention and Building Code standards.

If solar storage batteries are included as part of the solar collector system, they must be placed in a secure container or enclosure meeting the requirements of the New York State Building Code when in use and when no longer used shall be disposed of in accordance with the laws and regulations of the Town and other applicable laws and regulations.

If a solar collector ceases to perform its originally intended function for more than 12 consecutive months, the property owner shall remove the collector mount and associated equipment by no later than 90 days after the end of the twelve-month period.

Marking of equipment.

Being totally hidden behind the building they serve.

Being screened by foliage or solid fencing.

Being contained within a structure suitable for such use.

Crime prevention and awareness training program. A crime prevention and crime awareness training program which is developed in conjunction with and approved in writing by the Warren County Sheriff's Department. The Warren County Sheriff's Department, as part of this approval, will review the site plan and the location of all lighting.

Alcohol awareness and employee training program. At a minimum, the program must be directed at identifying and handling situations involving minors or intoxicated customers, and identify which displays and marketing techniques will be used to discourage drunk driving.

Litter control program. A litter control program must include at least two trash receptacles on site for customer use, located next to walkways. At a minimum, the program must also address daily on-site litter pickup, customer awareness activities, and off-site litter pick-ups.

Loitering control program. A loitering control program is required, and must, as a minimum, address such things as limiting the hours of operation of electronic video games, and locating telephone booths, benches, tables, and other activity areas where they can be viewed and controlled by the store employees.

Landscape maintenance awareness. The applicant acknowledge in writing that they understand the provisions of Article 8, Landscaping and Buffering Standards.

Communication agreement. The applicant must agree in writing to correspond on a long-term informal basis with the local recognized organizations and other concerned individuals regarding any problems they may have with current business practices or impacts on the neighborhood. All responses should be written within 30 days of receiving the initial letter, and be from the owner, operator, manager, or a representative of the parent company. A file of all letters received and written is to be maintained by the correspondent for the convenience store and be available to the public upon request.

A copy of the notice and the names and addresses of those notified of the applicant's desire to meet;

A copy of the time, date and location of the meeting(s), and the names, addresses, and phone numbers of those who participated in the meeting(s);

A copy of the draft Good Neighbor Plan and site plan sent to the neighborhood association and as presented at the meeting(s), if different; and

Identification of those components of the Good Neighbor Plan which were agreed upon and those which were unresolved, plus any additional items discussed during the meeting(s).