Champlain City Zoning Code
ARTICLE IV
Supplemental Regulations
§ 130-16 Principal buildings per lot.
A.
There shall be only one principal building per lot on residential lots, except as provided in Subsection B below. A "principal building" means the building used as dwelling quarters, and does not include accessory structures. Two or more residential units which are attached and share a common wall, such as attached townhouse units or a row-type building, shall be deemed to be a single principal building.
B.
Exceptions:
(1)
In addition to the principal dwelling, a manufactured home dwelling may be placed on an active farm in any zoning district, provided that it is occupied or intended to be occupied by a person employed in the operation of the farm. The manufactured home must be removed within six months of the date it ceases to be used for such purpose.
(2)
Two, but not more than two, single-family dwellings may be permitted on a single lot, provided that the lot size is at least double the required minimum for the zone; dwellings are located at least double the required side yard setback from one another; or buildings are otherwise situated such that were the lot to be split all dimensional requirements of this chapter would be met for each of the two resulting lots; and each dwelling must be served by potable water and have its own separate septic system which shall be approved by the Clinton County Health Department. A copy of said approval shall be provided to the Town of Champlain Codes Enforcement Building Inspector's Office. In order to affirm that the division into two lots which meet all requirements of this chapter will be possible at some future date, the applicant shall submit a plot plan drawn to scale showing existing property lines, all proposed buildings, the location of wells and septic systems, and the location of the future lot split.
§ 130-17 Corner lots.
On corner lots, the sides facing both streets shall be considered front yards. On the other sides, one shall be considered a rear yard and the other a side yard at the owner's option.
§ 130-18 Minimum road frontage.
Each new building lot shall be accessible to a public road, or to a private road designed and constructed to Town standards. For purposes of this section, "accessible" shall mean that:
A.
The building lot directly fronts upon the road for the minimal width shown below; or
B.
A legally sufficient right-of-way easement has been obtained for the minimal width shown below.
Minimum Road Frontage (feet) | ||
|---|---|---|
Single-family dwelling | 25 | |
Two-family dwelling | 25 | |
Multifamily dwelling | 50 | |
Nonresidential uses | 50 |
§ 130-19 Manufactured homes not in manufactured home parks.
A.
All manufactured homes shall be in compliance with standards equal to or more stringent than the United States Department of Housing and Urban Development (HUD) Manufactured Mobile Home Construction and Safety Standards, 24 CFR 3280 (1976) and any amendments and revisions thereto. The permit applicant is responsible for providing adequate evidence that these standards have been complied with. The presence of a permanent certification label affixed to the manufactured home by the manufacturer shall be presumptive evidence that the construction of a manufactured home is in compliance with such standards.
B.
All manufactured homes shall be at least 12 feet wide.
C.
All manufactured homes not located in a manufactured home park shall meet all requirements of the Uniform Fire Prevention and Building Codes of the State of New York State.
D.
Each manufactured home shall be provided with skirting to screen the space between the manufactured home and the ground; such skirting shall be of nontransparent durable material such as wood, stone, cement block, or vinyl, and shall not consist of wire mesh, bales of hay, transparent plastic, or other similar unsuitable material. Such skirting shall be installed within 90 days of occupancy.
E.
Any existing mobile or manufactured home may be replaced with a manufactured home of larger size without obtaining a variance provided that the replacement manufactured home complies with all other requirements of this chapter, such as minimum setback requirements.
F.
Tires, pieces of metal, boards, cement blocks, bricks and similar loose objects shall not be placed upon a roof.
G.
The use of any mobile or manufactured home for purposes other than a single-family residence, or a home occupation conducted within the premises of an occupied mobile or manufactured home dwelling, is prohibited; use as an office building at a construction site for a period not to exceed one year shall be permitted.
§ 130-21 Off-road parking.
A.
All uses shall be provided with sufficient off-road parking to accommodate all vehicles for customers and employees during peak use periods.
B.
An off-road parking space shall not be less than nine feet by 20 feet. Driveway area may be used to supply such space in the case of single-family or two-family residences. Other uses shall provide such space in addition to the driveway area.
C.
No nonresidential parking space shall be located within 10 feet of a side lot line.
D.
Existing uses must comply with off-road parking requirements if the use changes, or if the use expands its gross floor area by 25% or more, or if the use is discontinued for a period of one year and seeks to be reestablished.
E.
In calculating the number of required parking spaces, fractional portions shall be rounded to the nearest whole space.
F.
Minimum requirements:
Residential use, except multifamily dwellings for senior citizens | 2 spaces per dwelling unit | |
Multifamily dwellings for senior citizens | 1 space per dwelling unit | |
Professional offices | 1 space per 200 square feet of office | |
Retail stores and service shops | 1 space per 200 square feet of retail area | |
Shopping center | 1 space per 250 square feet of gross leasable area | |
Church, meeting hall, auditorium or other place of public assembly not otherwise classified | 1 space per 4 seats or 50 square feet of seating area where fixed seating is not provided | |
Eating and drinking establishments | 1 space per 3 seats or stools | |
Funeral home | 1 space per 4 seats | |
Motel/hotel or tourist accommodation | 1 space per each sleeping room | |
Industrial use | 1 space per employee on largest shift plus visitor parking | |
Bowling alley | 3 spaces per alley | |
Yacht club or marina | 1.5 space per berth, slip, mooring, or other docking space | |
Motor vehicle repair establishment | 1 space per 200 square feet of floor area | |
For uses not specifically listed, the requirement shall be the same as for the most similar use listed, or as otherwise provided in this chapter. | ||
G.
(Reserved)
H.
The Zoning Board of Appeals shall have the authority to lower or raise the requirements stated in Subsection F above at the time of special use approval. Requirements may be lowered if the developer can demonstrate the need for fewer parking spaces.
I.
Parking areas must be on a paved or other hard surface approved by the Zoning Board of Appeals.
§ 130-22 Off-road loading and unloading.
Business uses shall provide off-road loading and unloading space on the site sufficient for the loading and unloading and/or parking of any trucks which are anticipated to use the site. Loading and unloading areas may not be established within front, side or rear yard setbacks.
§ 130-23 Signs.
A.
The following are prohibited:
(1)
Moving, flashing, blinking, or animated signs.
(2)
Signs over 40 feet in height.
(3)
Off-premises advertising signs, meaning any signs primarily intended to advertise an activity not conducted on the premises or a product not available for sale on the premises. (Signs primarily intended to inform travelers as to the location and type of business conducted at a particular location are considered directional signs, and are permitted.)
(4)
Off-premises directional signs exceeding four square feet in surface area.
B.
Each small business located in a residential zone shall be limited to one sign not to exceed 20 square feet in area. Maximum height of such sign shall be 12 feet above the ground.
C.
Each nonresidential use located in a commercial or industrial zone shall be limited to one freestanding sign not to exceed 50 square feet in area, plus any number of signs applied to the face of a building, provided that the total area of any such sign shall not exceed one square foot for each linear foot of building frontage on that side.
D.
Each shopping center or other property containing more than one establishment on a lot is permitted; in addition to one suspended sign not exceeding eight square feet in size for each business establishment. Such signs shall be suspended from the freestanding sign.
E.
Temporary signs are permitted in all zones, provided that they are 16 square feet or less in size. (See definition of "temporary sign.")
F.
Placement of freestanding signs. No sign shall obscure a line of sight for traffic, or otherwise constitute a vehicle or pedestrian traffic hazard. All signs shall be placed at least 20 feet from any side lot line and five feet from the highway right-of-way.
G.
The area of a sign shall be computed as including the entire surface within the frame of a sign. For a sign consisting of letters painted on or attached onto a building, the sign area shall be calculated by multiplying the average height of the letters by the distance between the first and last letters. In the case of a freestanding sign with lettering on both the front and back, the areas of both sides of the sign shall not be added together for purposes of computing the total area of the sign.
H.
Each business located in a IC1 or C1 Zone is allowed two freestanding signs. The first freestanding sign will not exceed 100 square feet and the second freestanding sign will not exceed 75 square feet. The freestanding sign will not exceed 40 feet in height.
§ 130-24 Watercourse protection.
This section shall apply to the Great Chazy River, Corbeau Creek, Beaver Creek and Lake Champlain.
A.
All structures shall be set back at least 50 feet from the mean high water mark of the stream, river or lake.
B.
Within 35 feet of the mean high water mark, not more than 30% of the trees in excess of six inches in diameter at breast height may be removed during any ten-year period.
C.
Within six feet of the mean high water mark, no vegetation may be removed except for the provision of a thirty-foot-wide clear area for each lot.
D.
The above standards shall not prevent the removal of diseased or rotten vegetation, or vegetation which presents a health or safety hazard.
§ 130-25 Keeping of junk.
§ 130-26 Keeping of animals.
No manure pile may be stored within 100 feet of a property line.
§ 130-27 Fences and hedges.
A.
Fences and hedges shall not be constructed to constitute a traffic hazard, and shall not obscure the line of sight for traffic.
B.
This section shall not apply to farms as defined herein.
C.
This section shall apply to any fence regardless of construction material such that it might obstruct one's vision. That portion of a fence that is constructed forward of the minimum front building setback from the highway right-of-way, as specified in § 130-9 herein, shall be no higher than six feet in height.
D.
Fences are structures and require approval from the Zoning Enforcement Officer.
E.
Fences must be constructed entirely on the fence owners' property. The adjacent property fence side must be of equal construction, and as equally maintained as the fence owner's side.
F.
Maximum height of fences shall be eight feet from the ground, except in front yards, where they shall be a maximum of six feet in height.
G.
Hedges and tree lines are not to be considered fences.
H.
Fences shall be constructed of wood, chain link, woven wire, and/or other standard fencing material. Fences must be maintained so as not to present an unsightly appearance.
§ 130-29 Travel trailers located outside travel trailer parks.
A.
Storage. No more than two travel trailers may be stored outdoors on any property, except no travel trailer may be stored within a flood zone as established by the Federal Emergency Management Agency (FEMA).
B.
A travel trailer may be temporarily inhabited up to 15 days per year on any property,
C.
Any travel trailer that is inhabited or used for sleeping or eating quarters must be connected to adequate water, sewer, and electrical facilities. If electrical power is supplied by a generator, the noise from the generator may not exceed 65 decibels at the nearest property line and may not be operated between the hours of 10:00 p.m. and 7:00 a.m..
D.
Before a travel trailer can be inhabited on a property for more than 15 days, a permit must be obtained from the Town of Champlain Zoning Officer. The maximum allowed days per permit is 150 consecutive days per year. Only one permit per parcel may be issued in any calendar year. Once such a permit has been issued and expired, the travel trailer must be moved by at least 30 feet from its inhabited location and cannot be inhabited for at least 215 days, after which another one-hundred-fifty-day permit can be applied for.
E.
No travel trailer may be parked in any zoning district for a rental purpose.
§ 130-30 Semitrailers, truck boxes, or shipping containers for storage.
A.
The use of the trailer section of a semitrailer-type truck, or the box section of a box truck, or a shipping container for the storage of materials is prohibited, except that upon approval by the Town of Champlain Zoning Officer, they may be used for temporary storage of construction equipment and/or materials for a period not to exceed one year.
§ 130-31 Clean fill sites.
A.
Permits for clean fill sites shall be issued for a period of one year. Extensions will require renewal by the Town of Champlain Zoning Board of Appeals pursuant to the provisions of Article V herein.
B.
All approved clean fill sites are to be capped with an earthen cover within 90 days of completion or the date the permit expires, whichever is earlier.
C.
Clean fill sites involving less than 100 cubic yards shall not require special use permits.
§ 130-31.1 Construction and demolition debris sites.
A.
The term "construction and demolition debris" shall have the same meaning ascribed to it by the New York State Department of Environmental Conservation.
B.
Construction and demolition debris sites must comply with all applicable regulations established by the New York State Department of Environmental Conservation.
§ 130-31.2 Tarp structures.
A.
Tarp structures shall be considered accessory structures in all zoning districts.
B.
Tarp structures shall not be allowed within the front yard setback on any lot.
C.
Tarp structures shall comply with all setback requirements for accessory structures.
D.
Tarp structures shall not be attached to any other structure nor shall they be modified in any way from their originally manufactured condition.
E.
Only one tarp structure shall be allowed per parcel.