Except where specifically defined herein, all words used in
this chapter shall carry their customary meaning. Doubt as to the
precise meaning of a word shall be clarified by the Zoning Board of
Appeals under its powers of interpretation.
A building or structure which is of secondary importance
to the principal structure of the parcel and which is not used for
human occupancy, including but not limited to garages, sheds and swimming
pools. Where an accessory structure is attached to the main structure
in a substantial manner, as by a wall or roof, such accessory structure
shall be considered part of the main structure. A building shall not
be considered to be an accessory structure if it houses, or is designed
to house, animals, including but not limited to cows, horses, pigs,
sheep, or fowl. Such building shall comply with the setback requirements
for agricultural structures as required by § 130-9D herein.
A use customarily incidental and subordinate to the principal
use, and which is located on the same parcel with such principal use.
A sign which is intended primarily for advertising a service
or product.
Barns, storage buildings, equipment sheds, and other structures
customarily used for agricultural purposes.
The raising of crops, animals or animal products, limited
forestry, the selling of products grown on premises, and any other
commonly accepted agricultural operations. Incidental mechanical processing
and sales of products grown on the premises are included in the definition.
A system of electrical conductors that transmit or receive
radio frequency waves. Such waves shall include, but not be limited
to, radio, television, cellular, paging, personal communication services,
and microwave communications.
The authorization by the Zoning Board of Appeals for the
use of land in a manner which is not allowed by the dimensional or
physical requirements of the applicable zoning regulations.
Shelter having a roof supported by columns or walls and intended
for the shelter or enclosure of persons, animals, or property.
The area of a plot of land covered by the principal and accessory
buildings and structures, as measured at the outside face of the exterior
walls, including roofed porches, balconies, and cantilevered parts
of the building.
Any parcel of land on which are located two or more cabins,
tent sites, shelters, travel trailer sites or other accommodations
of a design or character suitable for seasonal or other temporary
living purposes.
Uncontaminated solid waste consisting of bricks, concrete,
other masonry materials, soil, rock, rees, brush, branches and wood
chips.
A fill site shall be a location or parcel involving the placement
of 100 cubic yards or more of clean fill.
A development consisting of two or more structures whereby
individual lots may be reduced in size and/or where buildings may
be placed closer together than otherwise permitted, so that valuable
open spaces on the development parcel, such as views or wooded areas,
may be retained. A cluster development may consist solely of residential
units, or, if commercial uses are permitted in the zone where the
cluster development is located, may consist of a mixture of residential
and commercial uses. A parcel of land containing a single multifamily
dwelling structure shall not be considered to be a cluster development.
A single structure occupied by five or more businesses shall be considered
to be a shopping center, not a cluster development.
Any excavation which requires a mining permit or mined land
reclamation permit as issued by the New York State Department of Environmental
Conservation.
Any use involving the sale, rental, or distribution of goods
or services, either retail or wholesale, such as stores, offices or
the provision of recreational facilities for a fee; except that roadside
produce stands operated on a seasonal basis and selling produce grown
on the property shall not be considered to be a commercial use, and
shall not be subject to the provisions governing commercial uses in
this chapter.
Solid waste generated by commercial and institutional processes
which is not industrial, hazardous, or construction and demolition
debris waste.
Shall have the same meaning ascribed to it by the New York
State Environmental Conservation, which as of 2012 was stated as follows:
Uncontaminated solid waste resulting from the construction,
remodeling, repair and demolition of utilities, structures and roads;
and uncontaminated solid waste resulting from land clearing. Such
waste includes, but is not limited to bricks, concrete and other masonry
materials, soil, rock, wood (including painted, treated and coated
wood and wood products), land clearing debris, wall coverings, plaster,
drywall, plumbing fixtures, non-asbestos insulation, roofing shingles
and other roof coverings, asphaltic pavement, glass, plastics that
are not sealed in a manner that conceals other wastes, empty buckets
10 gallons or less in size and having no more than one inch of residue
remaining on the bottom, electrical wiring and components containing
no hazardous liquids, and pipe and metals that are incidental to any
of the above. Solid waste that is not C&D debris (even if resulting
from the construction, remodeling, repair and demolition of utilities,
structures and roads and land clearing) includes, but is not limited
to, asbestos waste, garbage, corrugated container board, electrical
fixtures containing hazardous liquids such as fluorescent light ballasts
or transformers, fluorescent lights, carpeting, furniture, appliances,
tires, drums, containers greater than 10 gallons in size, any containers
having more than one inch of residue remaining on the bottom and fuel
tanks. Specifically excluded from the definition of construction and
demolition debris is solid waste (including what otherwise would be
construction and demolition debris) resulting from any processing
technique, other than that employed at a department-approved C&D
debris processing facility, that renders individual waste components
unrecognizable, such as pulverizing or shredding.
That percentage of the plot or lot area covered by the area
of buildings and structures (also see "building coverage").
A nonilluminated sign intended primarily for the purpose
of informing the traveling public where a business is located and
what products or services are available there.
A material is disposed of if it is discharged, deposited,
injected, dumped, spilled, leaked, burned, incinerated, or placed
into any, or on any, land or water so that such material or any constituent
thereof may enter the environment or be emitted into the air or discharged
into groundwater or surface water.
Building or part thereof used as living quarters. For purposes
of this chapter, the terms "dwelling unit," "one-family dwelling,"
"two-family dwelling" and "multifamily dwelling" shall not include
a motel, hotel, boardinghouse, or tourist home.
Building or part thereof used as living quarters for one
family, containing independent cooking and sleeping facilitates.
Erection, construction, alteration, operation or maintenance
by municipal agencies or public utilities of telephone dial equipment
centers, electrical or gas substations, water treatment or storage
facilities, pumping stations and similar facilities which provide
an essential use or service the public has a legal right to demand
and receive. Wind towers, wind farms, and solar arrays shall not be
considered essential use/services.
One or more persons related to each other by blood, marriage
or adoption, or not more than four individuals who are not related,
living together as a single housekeeping unit.
Any parcel of land containing at least five acres which is
used for gainful intent in raising of agricultural products, horticultural
products, livestock, poultry, or dairy products, provided that agriculture
is the principal use of the property. This definition does not include
dog kennels.
An enclosure and/or barrier used as a boundary or means of
protection or confinement.
The ratio of floor area permitted on a lot to the size of
the lot. For example: on a lot of 100,000 square feet with a 40% maximum
floor area ratio, the maximum floor area would be 40,000 square feet;
the 40,000 square feet could all be on the first story, or could be
partially on the first story and partially on the second story.
Any management, including logging, of forest, woodland or
plantation and related research and educational activities including
the construction, alteration or maintenance of wood roads, skidways,
landings, fences and forest drainage systems.
The space on the front of a lot facing the street not occupied
by a building or structure, measured perpendicular from the nearest
corner of a building or structure to a front lot line and extending
the full width of the lot.
Solid, liquid or gaseous substances which pose a potential
hazard to human health or the environment when improperly treated,
stored, transported, disposed or otherwise managed, including but
not limited to hazardous substances designated by the United States
Environmental Protection Agency.
A waste or combination of wastes, which because of its quantity,
concentration, or physical, chemical or infectious characteristics
may:
Medical center, or group of offices providing medical care,
dental services or chiropractic services.
Any manufacturing or assembly facility which does not fall under the definition of "light industrial uses" as defined in Article VII herein, and excluding any facilities which include any of the following:
The manufacture of hazardous chemicals.
The use of petroleum-based products, except as incidental to
the main industrial use.
The outdoor storage of scrap metal or junk.
The creation of solid, liquid, or airborne hazardous wastes.
The creation of smoke or airborne particulate matter except
as incidental to the main industrial use.
The creation of noise which would have an adverse impact upon
neighboring properties.
Vertical distance measured from the average elevation of
the proposed finished grade to the highest point of the roof for flat
and mansard roofs, and to the average height between the eaves and
ridge for other types of roofs.
An occupation conducted in a dwelling unit or garage which
is clearly secondary to the property's residential use, which:
Does not change the outside appearance of the dwelling.
Is not visible from the road except for one sign as permitted
by this chapter.
Does not result in the outside storage or display of anything.
Does not create a hazard to persons or property.
Does not create any adverse impact upon neighboring properties.
Does not generate traffic or parking in excess of what is normal
for a residential use.
Does not employ more than three employees, and shall allow customers,
clients or sales representatives to enter the premises. A home occupation
that employs more than three people shall be considered a small business
and shall be subject to the small business provisions of this chapter.
May be, but is not limited to, a professional office, limited
commercial sales homemade crafts, etc., A home occupation may, for
example, include the office of a physician, dentist, lawyer, real
estate broker, architect, or similar professional; a craftsman's,
artist's, or photographer's studio or shop; a dressmaker's or seamstress's
shop; a barber shop or beauty shop. A home occupation may NOT, for
example, include a funeral home, veterinary hospital, or kennel.
Solid waste generated by manufacturing or industrial processes.
Refer to the latest amendment of the Town of Champlain Junk
and Vehicle Storage Law (first enacted December 30, 2003).[1]
An establishment in which more than five dogs are housed,
groomed, bred, boarded, trained or sold.
The distance, measured along the seasonal mean high water
line as defined by the New York State Department of Environmental
Conservation, between the boundary lines of a lot as they intersect
the seasonal mean high water line. Lake frontage need not be calculated
in a straight line; the curvature of the shoreline shall be followed.
A business engaged in the fabrication of finished products
or parts, predominantly from previously prepared materials, assembly
treatment, packaging, processing, and incidental storage, sales, and
distribution of such products, including commercial storage tanks,
but excluding recycling, refuse and scrap facilities, waste-to-energy
facilities and asphalt plants, and excluding any facilities which
include any of the following:
The manufacture of hazardous chemicals.
The use of petroleum-based products, except as incidental to
the main industrial use.
The outdoor storage of scrap metal or junk.
The creation of solid, liquid, or airborne hazardous wastes.
The creation of smoke or airborne particulate matter except
as incidental to the main industrial use.
The creation of noise which would have an adverse impact upon
neighboring properties.
Any parcel of land which individually or as part of a subdivision
of land has been recorded in the County Clerk's office.
The portion of the lot abutting upon a public street, public
highway, or public road. That portion of a lot which abuts a privately
owned street shall not be considered lot frontage.
Property line bounding a lot.
The horizontal distance between the side lot lines measured
at right angles to the depth, measured at a depth equal to the greater
distance of:
Any structure that is above ground and designed for the purpose
of treating 1,000 or more gallons of effluent per day.
A factory-manufactured dwelling unit built on or after June
15, 1976, and conforming to the requirements of the Department of
Housing and Urban Development (HUD) Manufactured Home Construction
and Safety Standards, 24 CFR Part 3208, 4-1-1993, transportable in
one or more sections, which in the traveling mode is eight feet or
more in width or 40 feet or more in length, or, when erected on site,
is 320 square feet minimum, constructed on a permanent chassis and
designed to be used with or without a permanent foundation when connected
to the required utilities and includes the plumbing, heating, air
conditioning and electrical systems contained therein. The term "manufactured
home" shall also include any structure that meets all the requirements
of this definition except the size requirements and with respect to
which the manufacturer voluntarily files a certification required
by the Federal Department of Housing and Urban Development and complies
with the standards established under the National Manufactured Housing
Construction Safety Act of 1974, as amended. The term "manufactured
home" shall not include any self-propelled recreational vehicle.
Any lot of record upon which three or more mobile homes occupied
for dwelling or sleeping purposes are located, regardless of whether
or not a charge is made for such accommodations.
Any waterfront facility which provides accommodation services
for vessels by engaging in any of the following:
The sale of marina products or services.
The sale, lease, rental or charter of two or more vessels of
any type.
The sale, lease, rental or any other provision of storage, wharf
space or mooring for two or more vessels not registered to the owner
of said facility, members of the owner's immediate family, or overnight
guests on said property.
Any campground or travel trailer park which provides for or
allows boats coincidentally with the rental of camping spaces shall
be deemed to be a marina. The term "marina" shall include quick-launch
facilities as defined herein.
Any organization catering to members and their guests, or
premises and buildings for recreational or athletic purposes and not
open to the general public. The term "membership club" shall include
lodges, fraternal organizations, mutual benefit societies, and other
like organizations. The term "membership club" shall also include:
A group of people organized for a common purpose, and which
voluntarily meets on a regular basis.
The building, room, land or other facility used for meetings
of an organized group. Bed-and-breakfasts, boarding houses/rooms,
twenty-four-hour occupancies, guest rooms, or other similar facilities
shall not be considered a club. A group that organizes itself as a
"membership club" must comply with any laws governing its organization.
The extraction of overburden and minerals from the earth;
the preparation and processing of minerals, including any activities
or processes or parts thereof for the extraction or removal of minerals
from their original location and the preparation, washing, cleaning,
crushing, stockpiling or other processing of minerals at the mine
location so as to make them suitable for commercial, industrial, or
construction use; exclusive of manufacturing processes, at the mine
location; the removal of such materials through sale or exchange,
or for commercial, industrial or municipal use; and the disposition
of overburden, tailings and waste at the mine location. "Mining" shall
not include the excavation, removal and disposition of minerals from
construction projects, exclusive of the creation of water bodies,
or excavations in aid of agricultural activities.
A loop street, short dead-end or cul-de-sac, or other street
within a residential subdivision which is neither intended nor designed
to serve through traffic. Such streets are commonly constructed by
developers to serve a specific residential subdivision. All dead-end
roads, public or private, which are less than one-quarter of a mile
long are deemed to be minor residential streets.
See "manufactured home."
See "manufactured home park."
A structure designed primarily for residential occupancy,
constructed by a method or system of construction whereby the structure
or its components are wholly or in substantial part manufactured in
manufacturing facilities, intended or designed for permanent installation,
or assembly and permanent installation, on a building site.
Any anchor, chain, buoy, pennant or other object by which
a vessel is secured at one point.
A building or group of buildings, whether detached or in
connected units, containing transient and/or permanent lodging facilities
for the general public and which may contain accessory facilities
such as restaurants, meeting rooms, retail business activities and
related activities primarily to accommodate the occupants, including
buildings designated as auto cabins, auto courts, motor lodges, tourist
courts and similar terms.
Includes an automobile, truck, motorcycle, tractor, boat,
farm vehicle, recreational vehicle, all-terrain vehicle, snowmobile
or any other self-propelled vehicle design for running on land, water,
or air.
Any building, shop, land area, or other premises, or portion
thereof used for the commercial repair, rebuilding, or reconditioning
of motor vehicles or parts thereof, including collision service, body
and fender work, welding, painting, straightening, sanding, detailing,
and steam cleaning of vehicles.
Any building, shop, land area, or other premises, or portion
thereof used for the servicing and repair of motor vehicles, including
as an accessory use the sale and installation of lubricants, tires,
batteries, and similar vehicle accessories and where retail or wholesale
dispensing or sales of vehicular fuels takes place, or where no retail
or wholesale dispensing or sales of vehicular fuels takes place.
Any use of land for the display, and sales, lease, or rental
of new or used motor vehicles, trailers, travel trailers, or any other
self-propelled vehicles design for running on land, water, or air.
Any building, land area, or other premises, or portion thereof
used for the interior or exterior cleaning and/or washing of motor
vehicles.
A building designed for, or occupied by, three or more families
living independently of one another, to include row-type attached
or semiattached dwellings which share a common wall or portion thereof.
Any adjoining lot used primarily for residential purposes.
Any legally created lot of record which existed on the effective
date of this chapter and which does not conform to the minimum requirements
of this chapter.
A use of land existing at the time of enactment of this chapter
which is neither a permitted use nor allowed by special use permit
in the zone where it is located.
That portion of a parcel or lot which is not covered by a
building, parking area, driveway, storage space, display area, roof,
deck, or other impervious area. Sidewalks, lawn, vegetation, landscaping,
trees, vegetated storm water treatment and storage areas, and swimming
pools shall be treated as open space.
Includes barber, hairdresser, beauty parlor, shoe repair,
photographic studio, and businesses providing similar services of
a personal nature.
Town of Champlain Planning Board.
The structure in which is conducted the principal use of
the lot on which it is located.
Offices and related spaces for use as professional services
as provided by medical practitioners, attorneys, architects, surveyors,
engineers, accountants, and similar professions.
Any usage by a governmental agency or other agency providing
a public service, including but not limited to libraries; public recreation
facilities; schools; hospitals for the care of human beings, nursing
homes, convalescent homes, homes for adults, homes for the aged as
the same are defined under the Public Health Law or the Social Services
Law of the State of New York, provided that they are duly licensed
by the State of New York.
A commercial facility where vessels are stored, launched,
and stored again individually for periods of less than one week at
a time.
On corner lots or irregular shaped lots, that line which
is furthest away from the street line.
The space on the rear of a lot not occupied by a building
or structure, measured perpendicular from the nearest corner of a
building or structure to a rear lot line and extending the full width
of the lot.
Any land, building, complex of structures, business or portion
thereof designed and equipped for the conduct of sports and leisure
time activities and educational and sports and leisure time educational
activities.
A recreation facility operated as a business and open to
the public for a fee.
A recreation facility open to the general public. This term
shall include public parks, playgrounds, athletic fields, etc.
A network of trails designed for nonmotorized recreational
use.
A facility where recreation activity is conducted wholly
inside a building.
Any recreation use particularly oriented to and utilizing
the outdoor character of an area, including children's summer camps,
hunting and fishing camps, horseback riding stables, playgrounds,
picnic areas, beaches or similar uses.
Lot line of a parcel of land containing a residential use.
An establishment at which food is prepared and served to
patrons on the premises, which may include the serving of alcoholic
beverages, provided that the serving of drinks is clearly secondary
and accessory to the serving of food.
Any establishment which sells gasoline to the public, to
include service stations, convenience stores, car washes and any other
facility which sells gasoline.
Right-of-way line of a road as dedicated by a deed or record.
Where the width of a road is not established, the road line shall
be considered to be 25 feet from the center line of the road pavement.
Any stand operated on a seasonal basis and selling produce
grown on the property. Stands operated on a year-round basis or which
primarily sell produce not grown on the property shall be considered
a commercial use, and shall be subject to all the requirements for
commercial uses stated in this chapter.
See "commercial excavation."
The contents of a septic tank, cesspool, dry well or other
individual sewage treatment facility which receives domestic sewage
wastes.
A tract or parcel of land containing a grouping of five or
more stores or shops that provide a variety of goods and services
and which are within the same building or in contiguous units that
are using integrated parking facilities and have a common access to
the public way.
That line which adjoins the waters of Lake Champlain or the
Great Chazy River at the mean high water mark as defined by the New
York State Department of Environmental Conservation.
The space on the side of a lot not occupied by a building
or structure, measured perpendicular from the nearest side of a building
or structure to a side lot line and extending the full length of the
lot.
Any material, structure or object, or part thereof, composed
of lettered or pictorial matter which is used for the purpose of bringing
the subject matter thereof to the attention of others.
Detached building designed for or occupied by one family.
Any retail or service, or trucking business which complies with
each of the following criteria:
The business is conducted on a lot at least one acre in size
if no other principal structure exists on such lot, or the business
is conducted on a lot at least two acres in size if a residential
structure exists on the lot.
The size and design of the building or buildings used for the small business is such that no more than five off-road parking spaces are required in order to comply with § 130-21F of this chapter.
The combined total ground area of buildings constructed for business purposes does not exceed a maximum of 2,500 square feet, or the amount calculated in Subsection A(2) above, whichever is less. In addition to a building constructed for business purposes, any portion of a residence or of a one- or two-car garage may be used for the conduct of a small business.
No more than 2,500 square feet of outdoor space is devoted to
storage of goods, materials or equipment, or for a display area for
equipment or vehicle sales. For vehicle sales establishments, no more
than 12 vehicles are displayed or stored out-of-doors: This amount
shall not include or allow the storage of vehicles for repair purposes.
No more than one semitrailer-type truck is stored on the property
at any time. No more than one smaller trucks or dump trucks principally
used for business purposes are stored on the property at any time.
No more than one piece of motorized construction or earthmoving
equipment, or similar equipment, or large trailer, is stored on the
property at any time, except that up to two pieces of such equipment
may be stored on the property provided that they are stored at least
50 feet from any neighboring residential property line.
There is no:
Outdoor storage of junk or junked vehicles as defined herein;
Blinking or flashing signs;
Signs larger than 20 square feet in surface area;
Use of materials which pose a hazard due to their toxicity or
potential to cause an explosion;
Gasoline pumps for the retail sale of gasoline;
On-site waste disposal other than for sewerage wastes;
Creation of noise in excess of what would be normal in a residential
neighborhood;
Outdoor lighting in excess of what would be normal in a residential
neighborhood.
For vehicle repair establishments, no more than two vehicles
under repair are stored outside.
Specifically excluded from the definition of a small business
are gasoline sales establishments, taverns, nightclubs, restaurants,
campgrounds, travel trailer parks, mobile home parks, truck stops,
warehousing, sawmills, motels, kennels, amusement parks, slaughterhouses,
junkyard, marinas, trucking businesses consisting of more than one
semitrailer-type truck, and motorized vehicle race tracks.
For the purposes of this definition, if essentially the same business is conducted on two or more adjacent lots which are owned, leased or rented by the same party, then said business shall be deemed to be a single business, and each such group of lots shall be considered to be a single lot for purposes of complying with requirements of Subsection A(7)(a) through (h) above.
Any order or group of solar panels that may be one single
or mixed types with the intent to capture and transform sunlight into
some other form of energy. Solar arrays or panels shall be considered
structures for the purposes of setbacks and coverage.
All materials or substances that are discarded or rejected
as being spent, useless, worthless or in excess to the owners at the
time of such discard or rejection, including but not limited to garbage,
refuse, industrial and commercial waste, medical and infectious waste,
sludge from air or water treatment facilities, rubbish, tires, ashes,
contained gaseous material, incinerator residue, construction and
demolition debris, discarded automobiles, and offal.
An authorization of a particular land use which is permitted
in this chapter subject to conditions which are designed to insure
that the proposed use will not adversely affect the neighborhood if
such conditions are met.
Anything constructed or erected, the use of which requires
location on the ground or attachment to something having location
on the ground, including garages, swimming pools, solar arrays, and
outbuildings.
A structure, handmade or commercially purchased, made from
canvas, poly, vinyl, or other such material, usually used for permanent
or temporary storage or as a permanent or temporary portable garage.
An establishment used primarily for the serving of alcoholic
beverages to the general public, where food may be served as an accessory
to the primary use. This definition shall include the term "bar" or
"nightclub."
Any structure on which one or more transmitting and/or receiving
antenna is located.
Any for sale or for rent sign, or any sign or banner announcing
an event which is removed longer than seven days after the end of
the event.
Any enclosed motor vehicle or trailer used or designed to
be used for recreational travel and temporary living and/or sleeping
purposes, including tent campers or truck campers. A motor vehicle
or trailer meeting the above definition, but which is longer than
40 feet in length, shall be considered to be a mobile home or manufactured
home. (See definition of "mobile home" and "manufactured home.")
Any plot of ground upon which two or more trailers, pickup
coaches, tent campers, truck campers, or similar recreational vehicles
less than 40 feet in length, and/or tents occupied for dwelling or
sleeping purposes for transients, are located.
A facility or business for the storage of more than one semitrailer-type
truck or more than one smaller truck such as dump trucks or box trucks,
that are used principally for hire for transporting goods that are
not manufactured or warehoused on the site.
Building designed for, or occupied by, two families living
independently of one another.
The authorization by the Zoning Board of Appeals for the
use of land for a purpose which is otherwise not allowed or is prohibited
by the applicable zoning regulations.
Any departure from the strict letter of this chapter granted
by the Zoning Board of Appeals as it applies to a particular property.
Terminal facilities for handling freight with or without
maintenance facilities, and buildings used primarily for the storage
of goods and materials.
Any area for the disposal of solid waste. (See definitions
of "solid waste" and "disposal.")
Town of Champlain Zoning Board of Appeals.
The official designated to administer and enforce this chapter.
A document issued by the Zoning Officer authorizing the use
of lots or structures in conformity with this chapter.
