Except for exempt actions listed in § 130-3B and C of this chapter, no building or structure shall be erected, altered, moved, or use instituted, until a zoning permit has been issued. The exterior structural area of a building or structure shall not be enlarged until a zoning permit has been issued.

Parking lots for places of public assembly and commercial or business uses shall require a zoning permit for placement.

When establishing measurements to meet required setbacks, measurements shall be taken from the road right-of-way or lot line to the furthermost protruding part of the use or structure. This shall include such projecting facilities as porches, carports, and attached garages.

A zoning permit issued under this chapter shall expire one year from the date of issue, if construction is not substantially begun.

Any use that has been discontinued for a period of 12 months or longer shall be considered abandoned and may not be reinstituted without applying for a new zoning permit.

Applications for zoning permits shall be submitted to the Zoning Enforcement Officer or Town Clerk and shall include three copies of a layout or plot plan, drawn to scale, showing the actual dimensions of the lot to be used; the size and location on the lot of existing and proposed structures and accessory structures; the distance from the building line to all lot lines, road lines, waterfront property lines, streams, and any other features of the lot; and such other information as may be necessary to determine and provide for the enforcement of this chapter. This information, and other relevant application data, shall be provided on forms issued by the Town Clerk or Zoning Enforcement Officer.

Permit fees shall be established by resolution of the Town Board.

Temporary permits may be issued by the Zoning Enforcement Officer, upon approval by the Board of Appeals, for a period not exceeding one year. Such temporary permits are conditioned upon agreement by the owner or operator to remove any nonconforming structures or equipment upon expiration of the temporary permit, or to bring the use into compliance by a specific time. Such permits may be renewed.

No land shall be occupied or used and no building or structure hereafter used, or changes made in the use, until a certificate of occupancy has been issued by the Zoning Enforcement Officer stating that the building, structure, or proposed use thereof complies with the provisions of this chapter.

No certificate of occupancy shall be issued unless the proposed use or structure is provided with a septic system approved by the Clinton County Health Department, or New York State Department of Environmental Conservation, or sewerage service is provided by a public sewerage system.

This chapter shall be enforced by the Zoning Enforcement Officer (ZEO), who shall be appointed by the Town Board.

The duties of the Zoning Enforcement Officer shall be to:

Powers and duties. The Town of Champlain Planning Board shall have the following powers and duties:

Procedures. Meetings shall be held at such meeting times as the Planning Board may determine, or at the call of the Chairman. A quorum shall consist of three members, but in order to approve a motion or application, an affirmative vote of at least three members shall be required. The Planning Board shall keep minutes of its proceedings showing the vote of each member upon each question. All meetings and hearings of the Planning Board shall be public. Every decision or determination shall be in writing, and shall be filed in the office of the Town Clerk within five business days and shall be public record.

Creation. A Zoning Board of Appeals is hereby created. Said Board shall consist of five members. The Town Board shall appoint members of the Board of Appeals on a staggered-term basis in conformance with Town Law, and shall appoint a Chairman and Vice Chairman. The Board of Appeals shall select a Secretary and may prescribe rules for the conduct of its affairs.

Procedures. Meetings shall be held at such meeting times as the Board may determine, or at the call of the Chairman. A quorum shall consist of three members, but in order to reverse a decision of the Enforcement Officer, or to authorize a variance, an affirmative vote of three members shall be required. The Board shall keep minutes of its proceedings showing the vote of each member upon each question. All meetings and hearings of the Board shall be public. Every decision or determination shall be in writing, and shall be filed in the office of the Town Clerk within five business days and shall be public record. In addition to the powers and duties granted by law, the Zoning Board of Appeals shall also:

Any person committing an offense against any provision of this chapter shall, upon conviction, be punished by a fine of not less than $100 nor more than $200 for the first offense and not less than $500 nor more than $1,000 for the second or any subsequent offense within a twelve-month period or by imprisonment for a term not exceeding 15 days or by both such fine and imprisonment for each violation thereof.

Alternative remedy. In the case of any violation or threatened violation of any of the provisions of this chapter, or conditions imposed by a zoning permit, in addition to other remedies herein provided, the Town may institute any appropriate action or proceedings to prevent such unlawful erection, structural alteration, reconstruction, occupancy, moving and/or use, to restrain, correct, or abate such violation, to prevent the occupancy of such building, structure or land, or to prevent any illegal act, conduct, business or use in or about such premises and to collect a penalty or fine assessed hereunder.

Stop-work order.

Appeal. Any person found to be in violation as described above may appeal the notice of violation to the Zoning Board of Appeals. Such appeal must be in writing and may be made no later than 60 days from the date of the notice. An appeal to the Zoning Board of Appeals shall stay enforcement, including the accumulation of fines and penalties from the date such appeal is filed in the office of the Zoning Board of Appeals to the date of a determination by the Zoning Board of Appeals.

Misrepresentation. Any permit or approval granted under this chapter which is based upon or is granted in reliance upon any material misrepresentation, or failure to make a material fact or circumstances known, by or behalf of an applicant, shall be void. This section shall not be construed to affect the remedies available to the Town under Subsections A through C of this section.

The Town Board may amend, supplement, or repeal the regulations and provisions of this chapter after public notice and public hearing. Certain amendments require referral to the Clinton County Planning Board as described in § 130-76 below. The Town Board, by resolution, shall fix the time and place of public hearing on the proposed amendment and shall cause notice to be given as follows:

In case of a protest against such amendment signed by the owners of 20% or more of the area of land included in such amendment, or in the case of a disapproval by the County Planning Board, the Town Board must have a vote of majority plus one in favor in order to adopt the amendment.

State law requires that certain variances, special use permit approvals, or zoning amendment actions be referred to the Clinton County Planning Board for its review prior to taking final action on the matter. Such actions are those which affect real property within 500 feet of any of the following:

If the County Planning Board does not respond within 30 days from the time it receives a complete application, final action may be taken on the matter without such report. The term "receives" as used in this section shall mean delivery at least one week in advance of the regularly scheduled County Planning Board meeting.

In the event the County Planning Board disapproves the proposal, or approves it subject to modifications, then the local board may override the county opinion only by a vote of a majority plus one of its members.

The local board shall send a copy of its final decision to the County Planning Board within seven days after the local decision is reached. If the decision of the local board is contrary to a County Planning Board recommendation, then the local board shall send a resolution fully stating the reasons for its contrary action.