(a)

Basis. The regulations and requirements set forth in this chapter have been made in accordance with a comprehensive plan, with reasonable consideration given, among other things, to the prevailing land uses, growth characteristics, the character of the respective districts and their peculiar suitability for particular uses, and to encouraging the most appropriate use of land throughout the town.

(b)

Purpose. In their interpretation and application, the provisions of this chapter shall be the minimum requirements to promote the public health, safety, morals and general welfare; to conserve the taxable value of land and buildings; and to protect the character and maintain the stability of residential, business and industrial areas within the town and promote the orderly and beneficial development of such areas. Among other purposes, such provisions are intended to:

(1)

Provide adequate light, air, privacy and convenience of access to property;

(2)

Avoid undue concentration of population by regulating and limiting the height and bulk of buildings and the size of open spaces surrounding buildings;

(3)

Establish building lines;

(4)

Divide the town into districts, restricting and regulating therein the construction, reconstruction, alteration and use of buildings, structures and land for residence, business, industrial and other specified uses;

(5)

Limit congestion in the public streets by providing off-street parking of motor vehicles;

(6)

Define the powers and duties of the administrative officers and the community development board, as provided in article II of this chapter.

(Code 1964, §§ 19-1, 19-21; Ord. No. 88-6, § 6, 4-26-88)

Editor's note— Ord. No. 2013-01, § 2, adopted July 9, 2013, repealed former §§ 22-2, 22-3 in their entirety. Subject matter and legislative history of these former sections are listed below:

(a)

Use. No building or structure shall be erected and no existing building shall be moved, altered, added to or enlarged; nor shall any land, building, structure or premises be used, designed or intended to be used for any purpose or in any manner other than a use designated in this chapter or amendments thereto, as permitted in the district in which such land, building, structure or premises is located.

(b)

Height. No structure or building shall be erected, nor shall any existing building be moved, reconditioned or structurally altered so as to exceed in height the limits established in this chapter or amendments thereto, for the district in which such building or structure is located.

(c)

Percentage of lot occupancy. No building or structure shall be erected nor shall any existing building be moved, altered, enlarged or rebuilt, nor shall any open space surrounding any building or structure be encroached upon or reduced in any manner, except in conformity with the building site requirements and the area and parking space and yard requirements established by this chapter or amendments thereto, for the district in which such building or structure is located.

(d)

Density of population. No building, structure or premises shall be erected, occupied or used so as to provide a greater density of population than is allowed under the terms of this chapter for the district in which such building, structure or premises is located.

(e)

Open space use limitation. No yard or other open space provided about any building or structure for the purpose of complying with the regulations of this chapter or amendments thereto, shall be considered as providing a yard or open space for any other building or structure.

(f)

Required lot and occupancy. Every building or structure hereafter erected shall be located on a lot or tract; and in no case shall there be more than one (1) building on any one (1) lot except as provided in this chapter.

(Code 1964, § 19-4)

Editor's note— Ord. No. 2013-01, § 2, adopted July 9, 2013, repealed former §§ 22-5—22-16 in their entirety. Subject matter and legislative history of these former sections are listed below:

In order to protect and promote the public health, safety and welfare and among other purposes to provide light, pure air, safety from fire and other dangers, and to protect property values in residential districts in the town, the parking of commercial vehicles, which description shall include trucks, truck-trailers, truck-tractors, semitrailers and commercial trailers, is prohibited on the public streets or on or in privately owned driveways or property within any residential district as established by this chapter, except for loading or unloading purposes.

(Code 1964, § 19-17)

It shall be unlawful for any person to occupy a recreational vehicle, fifth wheel, camping trailer, etc. as a living, eating, sleeping, or recreation space or to connect such a vehicle or trailer to a water or sewer connection unless it is located at a regularly licensed trailer park, as defined by section 22-2 of this chapter. Such vehicles and trailers may be parked and stored within the town limits only as long as all points of the vehicle or trailer are at least five feet from any property line, easement, or right of way.

(Code 1964, § 19-17.1; Ord. of 9-1-66; Ord. No. 2009-04, § 1, 3-10-09)

The preceding regulations of this chapter shall be subject to the following provisions and exceptions:

(1)

Chimneys, water, fire, radio and television towers, church spires, domes, cupolas, stage towers and scenery lofts, cooling towers, elevator bulkheads, smokestacks, flagpoles, parapet walls, and similar structures and their necessary mechanical appurtenances may be erected above the height limits established in this chapter after a use permit therefor has been approved by the community development board.

(2)

On double frontage lots, the required front yard shall be provided on each street.

(3)

Each residential building shall be located on a lot or parcel of land which provides frontage on a public street.

(4)

Temporary buildings used in conjunction with construction work only may be permitted in any district.

(5)

Where a district boundary line divides a lot, parcel or tract of land, the use classification of the larger portion may be extended to the remainder by the community development board without recourse to the amendment procedure.

(6)

In any residence district no fence, structure or planting shall be maintained within twenty (20) feet of any corner street intersection.

(7)

The side yard requirements for dwellings shall be waived where dwellings are erected above stores or shops.

(8)

Every part of a required yard or court shall be open from its lowest point to the sky unobstructed, except for the ordinary projection of sills, belt courses, cornices, buttresses, ornamental features and eaves; provided, however, that none of the above projections shall project into a minimum court more than six (6) inches nor into a minimum side yard more than twenty-four (24) inches.

(9)

Open or enclosed fire escapes or fireproof outside stairways and balconies projecting into a minimum yard or court not more than three and one-half (3½) feet, and the ordinary projections of chimneys and flues may be permitted by the building inspector where they are so placed as not to obstruct the light and ventilation.

(Code 1964, § 19-18; Ord. No. 88-6, § 6, 4-26-88; Ord. No. 2013-01, § 2, 7-9-13)

It is hereby declared to be unlawful to operate a video game room (a place of business in which three (3) or more video games are available for use by the public), within five hundred (500) feet of a church or school within the town. Anyone violating this section shall be subject to a fine not to exceed two hundred fifty dollars ($250.00) and imprisonment not to exceed sixty (60) days.

(Code 1964, § 19-18.1; Ord. No. 83-1, § 3, 1-25-83)

In the case of a project consisting of a group of two (2) or more buildings to be constructed on a plot of ground of not less than five (5) acres not subdivided or divided into the customary streets and lots, and which will not be so subdivided, or where the existing or contemplated street or lot layout make it impractical to apply the requirements of this chapter to the individual building units in such project, the application of such requirements to such project shall be done by the community development board in a manner that will be in harmony with the character of occupancy and an intensity of land use no higher and a standard of open spaces at least as high as permitted by this chapter in the district in which the proposed project is to be located. In no case shall the community development board authorize a use other than living accommodations in the district in which the project is to be located, or a smaller lot area per housekeeping unit than the minimum required under this chapter, or a greater height than that required under this chapter for the district in which the project is to be located.

(Code 1964, § 19-19; Ord. No. 88-6, § 6, 4-26-88)

Editor's note— Section 1 of Ord. No. 88-6, adopted Apr. 26, 1988, repealed § 22-22, pertaining to the board of adjustment and originating from the 1964 Code, § 19-20. The duties of the board of adjustment and related matters have been assumed by the community development board (see Art. II, § 22-40 et seq.)

(a)

It is not the intent of this chapter to interfere with, abrogate or annul any easements, covenants or other agreements between parties; provided, however, that where this chapter imposes a greater restriction upon the use of buildings or premises, or upon the height of buildings, or requires larger open spaces than are imposed or required by other ordinances, rules or regulations or by easements, covenants or agreements, the provisions of this chapter shall control.

(b)

If, because of error or omission in the zoning map, any property in the town is not shown as being in a zoning district, the classification of such property shall be R-1A Single-Family unless changed by amendment to the zoning ordinance.

(Code 1964, § 19-21)

Editor's note— Ord. No. 2013-01, § 2, adopted July 9, 2013, repealed former § 22-24 in its entirety which pertained to application for a building permit; filing plot plan and derived from the Code 1964, § 19-22.

The following schedule of fees shall apply. A receipt showing payment of the applicable fee must accompany any application before it will be considered. These fees do not include the cost of required advertising or public notification. At the option of the town, advertising shall be placed either by the town or the applicant. If placed by the town, the applicant must pay the cost of advertising before the application will be considered. Public notifications shall be placed by the town. The applicant must pay $12.00 for each public notification that must be placed or sent.

(1)

Rezoning .....$100.00

(2)

Variance for commercial property .....300.00

(3)

Variance for non-commercial property .....150.00

(4)

Conditional use .....75.00

(5)

Small scale comprehensive plan amendment .....250.00

(6)

Large scale comprehensive plan amendment .....1,050.00

Plus, per acre or portion thereof over five (5) acres .....100.00

(7)

Planned unit development .....1,500.00

Plus, per acre or portion thereof .....100.00

(8)

Site plan review .....200.00

Plus engineering fees incurred by the town

(9)

Land use verification .....10.00

(10)

Building permits: .....

a.

Residential new construction or renovation, per square foot .....0.70

b.

Commercial new construction or renovation, per square foot .....1.05

c.

Mobile home site placement: .....

1.

Single wide .....63.00

2.

Double wide .....84.00

3.

Triple wide .....98.00

d.

Movement or relocation of structures: .....

1.

Per square foot to 1,200 square feet .....0.80

2.

Per square foot for structure over 1,200 square feet .....1.05

e.

Accessory structures, per $1,000.00 of cost of structure .....7.00

f.

Demolition .....70.00

g.

Roofing, new construction .....70.00

Plus $0.05 per square foot

h.

Roof repairs, per $1,000.00 of repair cost .....7.00

i.

Electrical, new construction: .....

1.

Residential .....105.00

2.

Commercial .....210.00

j.

Electrical, repairs or upgrades: .....

1.

Residential .....70.00

2.

Commercial .....140.00

k.

Safety inspection: .....

1.

Residential .....35.00

2.

Commercial .....70.00

l.

Plumbing, new construction: .....

1.

Residential .....105.00

2.

Commercial .....210.00

m.

Plumbing, repairs or upgrades: .....

1.

Residential .....70.00

2.

Commercial .....140.00

n.

Mechanical, new construction: .....

1.

Residential .....105.00

2.

Commercial .....210.00

o.

Mechanical, repairs or upgrades: .....

1.

Residential .....70.00

2.

Commercial .....140.00

p.

Signs, per $1,000.00 of construction cost .....7.00

q.

Land clearing: .....

$50.00 per ½ acre up to one acre, then $50.00 per acre

r.

Swimming pools: .....

1.

Per $1,000.00 construction cost .....7.00

Or

2.

Above-ground .....50.00

s.

Cell towers, per $1,000.00 of construction or repair cost .....7.00

t.

Additional inspections: Town's cost plus 7% .....

(Code 1964, § 19-23; Ord. No. 9-FF, §§ 1, 2, 8-10-70; Ord. No. 93-2, § 1, 3-9-93; Ord. No. 2008-04, § 1, 6-10-08; Ord. No. 2017-04, § 1, 12-12-17; Ord. No. 2023-04, § 1, 8-15-23)

Whenever the town council or any duly constituted zoning board or other agency has denied an application for a variance, exception or rezoning petition, no further application shall be filed seeking the same variance, exception or rezoning of the same land or any part thereof for a period of one (1) year from the date of the council, zoning board, or other agency's final action in denying the application. In the event that two (2) or more applications seeking the same variance, exception or rezoning, for any part or all of the same land, have been denied, no further application shall be filed seeking the same variance, exception or rezoning of any part or all of the same land for a period of two (2) years from the date of the town council, zoning board or other agency's final action in denying the last application filed.

(Code 1964, § 19-25; Ord. No. 31, § 2, 2-24-76)