(a)

Conformance. The design and development of all land uses shall conform to this chapter, adopted growth policies, any relevant adopted neighborhood or subarea plan, and other resolutions and regulations, including any and all amendments thereto.

(b)

Natural environment. The design and development of all land uses shall be properly related to topography, and should, to the extent possible, preserve the natural terrain, natural drainage, existing topsoil, trees and other existing vegetation.

(Amendment of 8-12-2024(1))

(a)

New utilities shall be placed underground.

(b)

Existing overhead utility lines may be used or updated.

(c)

Utility facilities shall be designed by utility firms in cooperation with the developer.

(1)

The facilities are subject to all applicable laws, rules, and regulations of the appropriate regulatory authorities.

(d)

The developer shall provide adequate and appropriate utility easements.

(Amendment of 8-12-2024(1))

(a)

Required easements. Where determined to be necessary, public and/or private easements shall be provided for private and public utilities, drainage, vehicular or pedestrian access, etc.

(1)

The proper easements documents shall be prepared for review and approval by the Town of Whitehall and filed at the county clerk and recorder's office. The easement documents shall be accompanied by an exhibit indicating the dimensions, and true and correct location, of all easements.

(2)

No lot shall be encumbered by a public or private utility easement in a way that would decrease the amount of buildable land to less than the area required by this chapter for the applicable zoning district.

(b)

Private utility easements. Private utilities include, but are not limited to, natural gas, electricity, telephone, cable, and fiber optic lines. The developer shall provide private utility easements necessary to extend private utilities to the development, and to provide for the construction and maintenance of private utilities within the development.

(1)

General.

a.

Building setbacks shall be coordinated with all provided utility easements. If a utility easement will be greater than the building setback required by this chapter, a note to that effect shall be placed on the final plat and/or final site plan as appropriate.

b.

Where a utility easement is to be located in an existing, dedicated right-of-way, an encroachment permit must be obtained from the local or state street or road department having jurisdiction.

c.

If placed in a town right-of-way, easements shall be in a location required by and agreed upon in writing by all of the appropriate utility companies and the town council.

(c)

Public utility easements. Public utilities include water, sewer and storm water facilities that are dedicated to and maintained by the Town of Whitehall.

(1)

A public utility easement shall be granted for all public utility mains not located within public street right-of-way. An easement shall be at least 30 feet wide for either one or two utility mains. An additional ten feet of width is required for each additional main that occupies the easement. Wider easements may be required at the discretion of the Town of Whitehall for large utility lines.

(2)

Public utility easements shall be provided for all meter pits and fire hydrants maintained by the Town of Whitehall.

(3)

No permanent structures shall be placed within public utility easements unless an encroachment permit has been obtained from the Town of Whitehall.

(Amendment of 8-12-2024(1))

All development shall be in compliance with current floodplain regulations.

(Amendment of 8-12-2024(1))

(a)

Arterial streets. On corner lots on arterial streets in all districts except the downtown district, no fence, wall or planting in excess of 30 inches above the street centerline grade shall be permitted within a triangular area defined as follows: beginning at the intersection of the projected curb lines of the two intersection streets, thence 50 feet along one curb line, thence diagonally to the point 50 feet from the point of beginning on the other curb lines, then to the point of beginning. The sight vision triangle shall not apply within the downtown commercial district.

(b)

Collector and local streets. On corner lots, on collector and local streets, in all districts except the downtown district, no fence, wall or planting in excess of 30 inches above the street centerline grades shall be permitted within a triangular area defined as follows: beginning at the intersection of the projected curb lines of two intersecting streets, thence 40 feet along one curb line, thence diagonally to a point 40 feet from the point of beginning on the other curb line, then to the point of beginning. The sight vision triangle shall not apply within the downtown commercial district.

(c)

Driveways and alleys. At the intersection of each driveway or alley, except in the downtown district, with a street, no fence, wall or planting in excess of 30 inches above the street centerline grade shall be permitted within a triangular area where corners are defined by two points on the right-of-way line, 15 feet on each side of the centerline of the driveway or alley and a point on centerline 10 feet outside the right-of-way. Any driveway or alley wider than 30 feet curb to curb at the right-of-way line shall use the vision triangle standard for local streets when intersecting local, collector, or arterial streets. The sight vision triangle shall not apply within the downtown commercial district.

(d)

Provision for development in sight vision triangle.

(1)

Single-stem canopy trees are discouraged but may be permitted in sight vision triangles as described in this section, provided that mature trees do not significantly affect safe driving conditions and are maintained such that no canopy foliage exists below a height of ten feet above centerline of intersecting streets.

(2)

Trees which are located in the sight vision triangle and which preexisted the adoption of this chapter may be allowed to remain, provided the trees are trimmed such that no limbs or foliage exist below a height of ten feet above centerline grades of intersecting streets.

(3)

No off-street parking shall be permitted within the sight vision triangle.

(4)

No structure shall be permitted within a sight vision triangle. Fences are permitted in accordance with section 42-126.

(Amendment of 8-12-2024(1))

(a)

Location and height. Except as restricted in sight vision triangles, fences, walls, and hedges, in any district may be located on lot lines or in the required yard setback provided such fences, walls and hedges comply with the following height requirements:

(1)

Do not exceed six feet in height in any required rear or required side yard setback. Decorative post caps may exceed the height limit by no more than one additional foot.

(2)

Do not exceed four feet in height in any required front yard setback that is forward of the front edge of the primary structure or any portion of a required sight vision triangle. Fences, walls, and hedges located within the sight vision triangle shall be see thru.

(3)

Fences used in an agricultural pursuit to retain stock animals or for public safety shall be exempt from these requirements except no bard wire fences shall be permitted.

(4)

Dog runs and dog kennels do not have to meet these standards but are prohibited within the front yard setback forward of the front of the primary structure.

(b)

Measuring fence and wall height. In the case of a fence erected on top of a retaining wall, the height shall be measured from the ground of the high side of the wall.

(Amendment of 8-12-2024(1))

(a)

Floor area. The term "floor area," for the purpose of calculating the number of off- street parking spaces required, shall mean 85 percent of the gross floor area.

(b)

Stacking of off-street parking spaces. Required parking spaces shall be located so as to preclude stacking of off-street parking spaces, with the exception of single household dwellings and individual townhouse units, and duplexes with physically separated individual driveways. Physical separation is provided when at least one of these options are provided: individual garage doors for each dwelling unit, a vegetated planter not less than four feet in width between the parking spaces in the driveway area, or a wall not less than four feet in height and length is provided between the parking area in the driveway and dividing the garage entrance. Not more than two cars may be stacked.

(c)

Stacked parking in required front or side yard setback. Within the residential zoning district, developments with individual driveways, may have one stacked space located within a driveway area in the required front or side yard setback.

(d)

Parking is permitted within required rear yard setback.

(e)

Parking dimensions. The following shall be the minimum parking space dimensions:

(f)

Parallel parking spaces. Parallel parking spaces shall be a minimum of 24 feet in length and nine feet in width measured from the inside edge of a curb or the inside edge of the asphalt if curbing is not present.

(g)

Surfacing. All areas intended to be utilized for required parking and driveways shall be paved with concrete, asphalt pavement, properly placed asphalt millings, or approved pavers, to control dust and drainage. Single household dwellings developed before 2016 are exempt from this requirement. All proposed parking areas and driveway improvements shall require a grading and drainage plan, except single family dwellings on individual lots.

(h)

Striping. Except for up to four-household dwellings and individual townhouse units, all parking stalls shall be marked with white or yellow painted lines not less than four inches wide.

(i)

Parking lot curbing.

(1)

Except for individual townhouse units and up to four-household dwellings, all required off-street parking areas and driveways intended for required parking shall have a minimum of six-inch by six-inch perimeter concrete curb around the entire parking lot, including edges of driving access ways.

(2)

Concrete pindown wheel stops may be permitted as an alternative to continuous concrete curbing in front of parking spaces which front on the perimeter of the parking lot.

(3)

Alternative perimeter treatment may be permitted adjacent to snow storage areas subject to the approval of the town.

(4)

Requirements for perimeter curbing shall not preclude opportunities for shared access between adjacent parking lots.

(j)

Protruding vehicles. All on-site parking stalls which abut property lines shall be designed and constructed such that parked vehicles shall not protrude over property lines.

(k)

Disabled accessible parking spaces.

(1)

Accessible parking spaces shall be provided in accordance with all current Americans with Disabilities Act (ADA) standards. Each disabled parking space shall also be accompanied by a sign stating, "Permit Required $100 Fine".

(2)

All parking lots and facilities shall be subject to current ADA Standards, and shall contain a minimum number of accessible parking spaces as set forth in the current ADA Standards.

(3)

All accessible parking spaces shall be designated as reserved by a sign showing the symbol of accessibility at each space. Such signs shall not be obscured by a vehicle parked in the space. Signs and symbols painted on the pavement as the only means of identification do not meet this requirement.

a.

Raised signs shall be located at a distance no greater than five feet from the ground to the bottom of the sign.

(4)

Provision of an accessible path of travel from each accessible parking space to the entrance of the facility shall include ramped access where necessary and an unencumbered minimum width for walks, sidewalks or ramps as required by current ADA standards.

(5)

The maximum slope and cross slope shall meet all current ADA standards. The maximum rise shall meet all current ADA standards.

(Amendment of 8-12-2024(1))

(a)

Commercial and industrial districts. A lot is permitted total signage not to exceed 200 square feet. A comprehensive sign plan is required for all commercial centers consisting of two or more tenant spaces on a lot and shall be designed for equitable distribution of the permitted total signage not to exceed 200 square feet.

(1)

Freestanding signs. One freestanding sign is permitted per zoned lot. The maximum area for a freestanding sign shall be 64 square feet per sign or 200 square feet total. A low-profile freestanding sign shall be set back a minimum of five feet with a maximum height of five feet. A pole-style freestanding sign shall be set back a minimum of 15 feet with a maximum height of 45 feet. The pole-style sign shall maintain at least an eight-foot minimum vertical clearance from the ground.

(2)

Permanently mounted wall signs. Wall signs are not to exceed a total signage allowance of 2.0 square feet per linear foot of building frontage minus any area devoted to freestanding or projecting signs. Canopy and awning signs shall be classified as wall signs. Wall signs shall not project above the top of a wall or parapet. Lots fronting on two or more streets shall be permitted an additional 35 percent of the already permitted wall sign area for each subsequent building frontage.

(3)

Projecting signs. One projecting sign per tenant in the commercial district. Projecting signs shall not exceed 15 square feet in area nor extend more than five feet from the building. In the industrial district, projecting signs shall not exceed 25 square feet in area nor extend more than six feet from the building. Projecting signs shall provide a minimum sidewalk clearance of eight feet.

(b)

Residential district.

(1)

Signs. In residential areas, signs shall not exceed 20 square feet in area and shall not exceed eight feet in height from the finished grade. The sign must be setback at least five feet from the property line.

(2)

Signs appurtenant to residential principal and conditional uses and home occupations.

a.

Principal residential uses and home occupations shall be permitted signage not to exceed six square feet in area and shall be located a minimum of ten feet from any property line. If the sign will be located within a sight vision triangle, the sign shall have a maximum height of 30 inches. In addition, home occupations shall be permitted one square foot signs on a lamp post or 1.5 square feet of freestanding signage located a minimum of five feet from the property line.

b.

Conditional nonresidential type uses, such as community centers, day care centers, churches, and schools shall be permitted signage not to exceed 32 square feet. Such signs may only be illuminated during the hours of operation.

(c)

Temporary signs.

(1)

Temporary/portable signs as defined in article XIV, including, but not limited to, banners, pennants, or portable signs may be used as temporary supplemental signage by an organization or licensed business in connection with a special event. The use of said signs shall not exceed a maximum of 30 days at any one time nor occur on more than four separate occasions within any calendar year.

(2)

Permitted temporary or portable signage shall not be located in public rights-of-way, including alleys and street and highway rights-of-way.

(3)

Size and placement limitations. Temporary signs shall only be allowed to be a maximum height of eight feet with allowable square footage not exceeding 16 square feet in the residential district and 32 square feet in in any other district on each side of the display. Measuring one side of the display shall determine the square footage for purposes of computation. In addition, temporary signs shall be located at least 150 feet apart and a minimum of five feet behind all property lines. Temporary signs shall be placed outside the required sight vision triangle as defined in section 42-125. All temporary signs shall be secured in such a manner to prevent signs from moving from their intended location.

(4)

The following temporary/portable signs are exempt from obtaining a zoning permit from the planning board/town council:

a.

Temporary/portable signs meeting the following requirements:

1.

Signs equal to or less than six square feet in size.

2.

Signs located on private property; and

3.

Signs in place for 30 days or less at any one time nor occur on more than four separate occasions within any calendar year.

b.

Temporary signs located on an active construction site not exceeding 16 square feet per face which are removed either at time of substantial completion or occupancy. Multiple contractors on a single development site are entitled to display signage, provided it is consolidated on a single sign and does not exceed 32 square feet per face.

c.

Temporary signs displayed prior to, during and after elections, not exceeding six square feet per face in residential districts, and not exceeding 32 square feet in other districts, to be removed no later than seven days after the final election.

d.

Temporary signs on properties for sale or rent, one per dwelling unit or property listed, six square feet per sign face for detached dwelling units, 32 square feet per face for other uses, with one additional temporary sign allowed up to six square feet per face on days the property is open for public viewing.

e.

Temporary signs on or near residential properties having temporary yard or garage sales, up to six square feet and no more than four feet in height.

(Amendment of 8-12-2024(1))