Any restrictions or requirements with respect to buildings or land, or both, which appear in other ordinances of the Town as established by law and which are greater than those set forth in this chapter shall take precedence over those herein.[1] Otherwise, the provisions of this chapter shall apply.

No building shall be erected and no existing building shall be moved, structurally altered, added to or enlarged, rebuilt nor shall any land be designed, used or intended to be used for any purpose other than those included among the uses listed as permitted uses in each zone by this chapter and meeting the requirements as set forth by the schedule, nor shall any open space contiguous to any building be encroached upon or reduced in any manner except in conformity with the yard, lot area, building location, percentage of lot coverage, off-street parking space and such other regulations designated in the schedule and this chapter for the zone in which such building or space is located. In the event of any such unlawful encroachment or reduction, the building shall be deemed to be in violation of the provisions of this chapter.

No land may be used and no structure may be erected, razed, moved, extended, enlarged, altered, demolished or used for any purpose other than those purposes permitted herein for the zone in which it is located, and all construction shall be in conformity with the regulations provided for the zone in which such construction is located.

No building or part thereof shall be erected, constructed, altered, repaired or moved until a building permit has been issued by the Building Inspector.

No land shall be occupied or used and no building hereafter erected or altered shall be occupied or used in whole or in part for any purpose whatsoever until a certificate of occupancy shall have been issued by the Building Inspector. The certificate of occupancy shall state that the use of building and premises complies with all the provisions of this chapter and all other applicable Town and state requirements. Certificates of occupancy shall be granted or denied within 10 days of application therefor being received by the Building Inspector.

A lot used for a single-family residence purpose shall contain only one principal structure. Every principal structure shall be built upon a lot with frontage upon the public street.

Off-street parking space shall be provided as specified in this chapter and shall be provided with necessary passageways and driveways. All such space shall be deemed to be required space on the lot on which the same is situated, unless otherwise stated, and no such space shall be encroached upon or reduced in any manner.

Any accessory building attached to the main building shall comply in all respects with the requirements of this chapter applicable to the main building. An accessory building unattached whose distance is not less than 10 feet from the main building shall comply in all respects with the requirements of the schedule applicable to accessory buildings. Height of unattached accessory buildings shall be 20 feet maximum. No accessory building shall be erected in the front yard.

Corner lots shall provide the minimum front yard requirements for the respective zone for both intersecting streets.

No yard or other space provided about any buildings for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space for any other building, and no yard or other open space on another lot shall be considered as providing a yard or open space for a building on any other lot; provided, however, that the following provisions, with respect to front yard setback, shall apply in the event that an applicant for land use development shall elect to take advantage of the same, otherwise the minimum required front yard setback applicable shall apply:

Notwithstanding the lot area, lot width and lot coverage requirements, a single-family dwelling where it is a permitted or special exception use may be erected on any lot separately owned and not adjacent to any lot in the same ownership at the effective date of this chapter provided that the aggregate width of the side yards shall be not less than 25% of the lot width and that the narrower side yard shall be not less than three feet in width.

Where a lot extends through from street to street, the applicable front yard regulations shall apply on both street frontages.

See Chapter 444, Swimming Pools, Private.

The height limitations of this chapter shall not apply to chimneys, silos, church spires, gables, cupolas, standpipes, flagpoles, monuments, television and radio antennas or towers, cables, scenery lofts or water tanks and similar structures and necessary mechanical appurtenances for the zone in which the building is located, provided that no exception, when connected to and a part of a principal building, shall cover at any level more than 10% of the area of the roof on which it is located. All items in excess of the height regulations shall be set back from the property line a distance at least equal to their height.

No permit shall be granted for a structure or use if the design or construction of the same involves or is likely to involve exceptional risk of traffic congestion, public safety or hazard. No lighting of any kind shall be permitted which interferes with or is likely to involve a risk of traffic safety.

In the event of a catastrophe substantially destroying a lawfully permitted structure or use and if it is recognized that it is in the best interest of the Town of Belvidere and in accordance with the purpose of this chapter, the Town Council, upon proper application and upon favorable findings by the Council that there will be no detrimental effect upon the lawful use of land and activities normally permitted within the zone in question, may direct the Zoning Officer to issue a permit for a period not to exceed six months for the parking of a mobile home or travel trailer for occupancy by the property owner during the reconstruction of the destroyed structure or use, provided that its location does not adversely affect the safety and well-being of the residents of the Town of Belvidere.

No building or use which is markedly incongruous with the character of the neighborhood as to materially affect the value of adjacent or nearby property shall be constructed, erected or used.

In the business and industrial zones, no article or material shall be kept or stored (except articles for sale) outside the confines of a building unless the same is so screened by special planting or a fence as approved by the Planning Board so that it is not visible from any adjacent residential zone or public street. Seasonal farm products grown on the premises is a specifically permitted outdoor use and may be displayed in the front yard of any lot without being screened.

Any use not specifically permitted in a zoning district established by this chapter is specifically prohibited from that district, and the following uses and activities are specifically prohibited on all and every property in the Town of Belvidere:

A fence shall be defined as an artificially constructed barrier of any material or combination of materials erected to enclose, screen or separate areas. As such, a fence shall not be considered a structure as set forth in § 505-2.