For the purpose of this chapter, the incorporated territory of the town is hereby divided into the following districts:

R-1 Residence District

R-2 Residence District

R-3 Apartment District

R-4 Residence District (PUD)

B-1 Town Center District

B-2 Shopping District

B-3 General Business District

M-1 Light Industrial District

M-1A Industrial District

H-1 Historic District

(Code 1977, § 107-6; Ord. No. 2000-10, 9-25-2000)

The boundaries of the districts are hereby established as shown on the zoning map of the town, which map together with all notations, references and other matters thereon shall be and hereby made a part of this article. Said zoning map, properly attested, shall be and remain on file in the office of the planning director.

(Code 1977, § 107-7; Ord. No. 2000-10, 9-25-2000)

(a)

Except where referenced on the zoning map to a street line or other designated line by dimensions shown on the map, the district boundary lines are intended to follow property lines, lot lines or the centerlines of the streets, alleys, railroads, small streams or other identifiable landmarks as they existed at the time of the adoption of this chapter, but where a district line obviously does not coincide with the property line, lot lines or such centerlines, or where it is not designated by dimensions, it shall be deemed to be 200 feet back from the nearest street line in case it is drawn parallel with a street line, or its location shall be determined by scaling in other cases.

(b)

Where a district boundary line, as established in this article or as shown on the zoning map, divides a lot which was in single ownership and of record at the time of enactment of this chapter, the use authorized thereon and the other district requirements applying to the least restricted portion of such lot under this chapter shall be considered as extending to the entire lot, provided that the more restricted portion of such lot is entirely within 50 feet of said dividing district boundary line. The use so extended shall be deemed to be conforming.

(c)

Questions concerning the exact location of district boundary lines shall be determined by the board of appeals, as provided in section 108-161 and in accordance with rules and regulations which it may adopt.

(Code 1977, § 107-8; Ord. No. 2000-10, 9-25-2000)

Whenever any street, alley or other public way is abandoned by official action as provided by law, the zoning districts adjoining the sides of such public way shall be automatically extended, depending on the side or sides to which such lands revert, to include the right-of-way of the public way thus vacated, which shall thenceforth be subject to all regulations of the extended district or districts.

(Code 1977, § 107-9; Ord. No. 2000-10, 9-25-2000)

In case any territory has not been specifically included within a district, or where territory becomes a part of the incorporated area of the town by annexation or otherwise, such territory shall automatically be classified in the R-1 District until otherwise classified.

(Code 1977, § 107-10; Ord. No. 2000-10, 9-25-2000)

The following uses shall be permitted and the following regulations and the applicable regulations contained in other articles shall apply in the R-1 Residence District. Principal permitted uses are as follows:

(1)

Single-family dwellings.

(2)

Churches and parish houses.*

(3)

Schools and colleges for academic instruction.*

(4)

Agriculture, grazing and the usual agricultural buildings and structures, but not including chicken farms, hog farms or fur farms, provided that any heating plant, horse barn, cow barn, feeding pen or other building in which farm animals are kept shall comply with the distance requirement in section 108-712.

(5)

Silvaculture.

(6)

Publicly owned buildings and properties of an administrative or public service type but not including such uses as storage yards, warehouses or garages.*

(7)

Publicly owned areas and buildings, such as parks playground, community centers, and buildings or properties of a cultural or conservative nature.*

(8)

Residential day care, provided that there is established and maintained in connection therewith a completely fenced and screened play lot of adequate size located at least 15 feet from any residential lot line.

*Requires site plan review.

(Code 1977, § 107-34(A); Ord. No. 2000-10, 9-25-2000)

Conditional uses requiring board of appeals authorization in accordance with sections 108-160 through 108-166 and site plan review pursuant to article V of this chapter are as follows:

(1)

Country clubs, public and private golf courses, swimming clubs and other social and recreational clubs and facilities for private noncommercial use, provided that any such establishment shall have an area of at least three acres and every principal building or swimming pool shall comply with one-half the distance requirement in section 108-712.

(2)

Public utility structures and properties other than essential services defined in section 108-5, but not including production, construction, maintenance or storage buildings or yards.

(3)

Cross-country electric transmission or communication line, cables or towers; oil, gas, water, sewer, or other pipelines; railroad lines; or any other utility located on a private right-of-way.

(4)

The new construction of a dwelling or the conversion of an existing dwelling into a bed-and-breakfast facility, which shall be a single-family owner-occupied dwelling in which overnight sleeping rooms are rented on a short-term basis to transients subject to the following restrictions:

a.

No bed-and-breakfast facility shall contain more than four guest sleeping rooms.

b.

Only designated rooms shall be used for sleeping.

c.

A minimum of one full bathroom with lavatory, toilet and shower or tub or combination thereof shall be available for every two guestrooms as well as one for the owner-occupant.

d.

No guestroom shall contain more than two beds.

e.

On-site off-street parking in the rear or side yard in accordance with this Code shall be provided at the rate of one space per guestroom and two spaces for the owner-occupant.

f.

No cooking facilities shall be permitted in any guestroom.

g.

Upon conversion of an existing dwelling to a bed-and-breakfast facility, no additional entrance shall be permitted in the front facade.

h.

No guest shall be permitted in a bed-and-breakfast facility for more than ten consecutive nights.

i.

No more than four persons shall simultaneously occupy any one guestroom in a bed-and-breakfast facility.

j.

There shall be no more than two nonresident employees in or about the bed-and-breakfast facility.

k.

There may be only one on-premises advertising sign, which shall not exceed more than four square feet. The sign shall not be self-illuminated.

l.

Breakfast only shall be served only to overnight guests.

m.

Where a bed and breakfast facility exists or is proposed for a lot greater than one acre in size, the board of appeals shall have the authority to modify the above criteria, provided that such modification does not substantially impair the purpose of this chapter as stated in section 108-1.

(5)

Day-care centers.

(6)

Nursing facility, hospice facility or other institution for human care size. In addition to the review parameters established in article V of this chapter, and sections 108-160 through 108-166, application for such uses shall include an exterior lighting plan to ensure minimal adverse impact on neighboring properties.

(Code 1977, § 107-34(B); Ord. No. 2000-10, 9-25-2000; Ord. No. 2012-02, 4-23-2012)

Accessory buildings and uses customarily incidental to any principal use or authorized conditional use are permitted, including:

(1)

Private garages, parking areas, stables, swimming pools and other customary outbuildings and structures, provided that any stable shall comply with one-half the distance requirement in section 108-712.

(2)

Temporary real estate signs complying with the regulations in article X of this chapter.

(3)

Identification signs complying with the regulations in article X of this chapter.

(4)

Security signs not exceeding two square feet.

(5)

One bulletin board or sign for any permitted church, school or other public or semipublic institution not exceeding 32 square feet in size, which sign may be indirectly lighted.

(6)

Customary home occupations, provided that the home occupation is clearly and obviously subordinate to the principal use of a residential use. Home occupations shall be conducted wholly within the primary structure or an existing accessory building on the premises and pursuant to section 108-844.

(7)

The keeping of not more than one roomer or border by a resident family.

(8)

An accessory living quarters as defined pursuant to section 108-5.

(9)

Yard sales, provided that the personal property shall be removed 12 hours after the yard sale. Any item remaining on site for more than two days shall be declared a nuisance.

(10)

The keeping of no more than six female chickens, provided that:

a.

All chickens must be confined at all times within a pen located no less than 25 feet from any residence.

b.

Chickens must be registered with the state department of agriculture, domestic poultry and exotic bird registration division, via application forms provided by the town. The applicant shall complete the application form and return the form to the planning director, who shall then forward the application form to the state department of agriculture.

c.

All chickens must be provided with access to a shelter that provides suitable protection from inclement weather.

d.

Each pen containing poultry must be kept free of odors and materials that may attract rodents and maintained in such a way as to minimize turf destruction.

e.

No male chickens, waterfowl or other game birds may be harbored or maintained.

f.

Chickens shall only be permitted on residential lots containing single-family residences which are occupied.

(Code 1977, § 107-34(C); Ord. No. 2000-10, 9-25-2000; Ord. No. 2009-16, 1-11-2010)

No principal structure or part thereof, except as provided in section 108-241, shall exceed 2½ stories or 35 feet in height, and no accessory structure shall exceed 1½ stories or 25 feet in height.

(Code 1977, § 107-34(D); Ord. No. 2000-10, 9-25-2000; Ord. No. 2009-16, 1-11-2010; Ord. No. 2012-03, 6-3-2012)

_____

The following minimum requirements shall be observed, subject to the modified requirements in article IV of this chapter:

Notes:

1. For narrow streets, see section 108-706; for built-up frontage see section 108-243.

2. Or greater as may be specified elsewhere in this chapter.

3. Other than essential services as defined as section 108-5.

*Requires site plan review.

(Code 1977, § 107-34(E); Ord. No. 2000-10, 9-25-2000; Ord. No. 2009-16, 1-11-2010; Ord. No. 2010-11, 11-22-2010)

_____

The following uses shall be permitted and the following regulations and the applicable regulations contained in other articles shall apply in the R-2 Residence District. Principal permitted uses in the R-2 Residence District include any principal use or structure permitted and as regulated in the R-1 District, except as herein after modified.

(Code 1977, § 107-35(A); Ord. No. 2000-10, 9-25-2000)

The following uses in the R-2 Residential District require board authorization in accordance with sections 108-160 through 108-166:

(1)

Any conditional use permitted and as regulated in the R-1 District, except as hereinafter modified.

(2)

As a condition of subdivision approval, established side yards of less than otherwise required, but in no event less than six feet, shall be approved by the planning and zoning commission.

(3)

As a condition of a subdivision approval an established road right-of-way less than otherwise required, but in no event less than 40 feet, shall be approved by the planning and zoning commission.

(Code 1977, § 107-35(B); Ord. No. 2000-10, 9-25-2000)

Height requirements shall be the same as the R-1 District.

(Code 1977, § 107-35(C); Ord. No. 2000-10, 9-25-2000)

The following minimum requirements shall be observed, subject to the modified requirements in article IV of this chapter:

Notes:

1. For narrow streets, see section 108-706; for built up frontage, see section 108-243.

2. Other essential services as defined in section 108-5.

(Code 1977, § 107-35(D); Ord. No. 2000-10, 9-25-2000; Ord. No. 2009-16, 1-11-2010)

_____

The following uses shall be permitted and the following regulations and the applicable regulations contained in other articles shall apply in the R-3 Apartment District. All principal permitted uses and conditional uses shall require site plan review in accordance to article V of this chapter. Principal permitted uses include any principal use or structure permitted and as regulated in the R-2 District, and as hereinafter modified.

(Code 1977, § 107-36(A); Ord. No. 2000-10, 9-25-2000)

Conditional uses requiring board authorization in accordance with sections 108-160 through 108-166 and site plan review pursuant to article V of this chapter are as follows:

(1)

Any conditional use permitted and as regulated in the R-2 District, except as hereinafter modified.

(2)

Clubs, fraternities, lodges and meeting places of similar organizations, not including any use that is customarily conducted as a gainful business or where liquor is sold, provided that buildings in which such meeting places are housed shall be located at least 20 feet from any other lot in any R District.

(3)

Limited dwellings.

(4)

Two-family dwellings.

(5)

Townhouse dwellings.

(6)

Multifamily dwellings.

(7)

Conversion of a building into dwellings in accordance with the provisions of section 108-710.

(8)

Banks, building and loan associations, trust companies and financial and lending institutions.

(9)

Churches.

(10)

Schools.

(11)

Boardinghouses and lodginghouses.

(Code 1977, § 107-36(B); Ord. No. 2000-10, 9-25-2000)

Permitted accessory uses for the R-3 Apartment District include the following:

(1)

Accessory uses and structures permitted and as regulated in the R-2 District, except as hereinafter modified.

(2)

One exterior sign identifying only the name of each place and the uses conducted therein, which sign shall be integral with or attached to the building without projecting more than 12 inches and shall not be lighted. No such sign shall exceed one square foot in area for each ten linear feet of horizontal wall on which it is placed, nor shall it project above the roofline.

(3)

Other accessory uses and structures, not otherwise prohibited, customarily accessory and incidental to any permitted principal or conditional use.

(Code 1977, § 107-36(C); Ord. No. 2000-10, 9-25-2000)

No principal structure shall exceed three stories or 50 feet in height, and no accessory structure shall exceed 1½ stories or 25 feet in height, except as provided in section 108-241.

(Code 1977, § 107-36(D); Ord. No. 2000-10, 9-25-2000)

_____

The following minimum requirements shall be observed, subject to the modified requirements in article IV of this chapter:

Notes:

1. For narrow streets, see section 108-706; for built-up frontage, see section 108-243.

(Code 1977, § 107-36(E); Ord. No. 2000-10, 9-25-2000)

The following uses shall be permitted and the following regulations and the applicable regulations contained in other articles shall apply in the R-4 Residence District. All principal permitted uses and conditional uses shall require site plan review in accordance with article V of this chapter. Principal permitted uses include:

(1)

Any principal use or structure permitted and as regulated in the R-3 District, except as herein modified.

(2)

Any conditional use permitted and as regulated in the R-3 Districts, except as hereinafter modified.

(3)

Two-family dwellings.

(4)

Townhouse dwellings.

(5)

Multifamily developments.

(6)

As a condition of a subdivision approval, established side yards of less than otherwise required, but in no event less than five feet, provided that it is approved by the planning and zoning commission.

(7)

As a condition of a subdivision approval, an established street right-of-way, less than otherwise required, but in no event less than 30 feet, provided that it is approved by the planning and zoning commission.

(Code 1977, § 107-37(A); Ord. No. 2000-10, 9-25-2000; Ord. No. 2001-9, 10-22-2001; Ord. No. 2005-8, 7-25-2005)

The following accessory uses for the R-4 Residence District are permitted:

(1)

Accessory uses and structures permitted and as regulated in the R-3 District, except as hereinafter modified.

(2)

Other accessory uses and structures, not otherwise prohibited, customarily accessory and incidental to any permitted principal or conditional use.

(Code 1977, § 107-37(B); Ord. No. 2000-10, 9-25-2000; Ord. No. 2005-8, 7-25-2005)

Height regulations shall be as specified in the R-3 District.

(Code 1977, § 107-37(C); Ord. No. 2000-10, 9-25-2000; Ord. No. 2005-8, 7-25-2005)

_____

The following minimum requirements shall be observed, subject to the requirements in article IV of this chapter:

Fee simple townhouse dwellings may be permitted with the following minimum lot and area requirements:

1.

Minimum lot size—2,000 square feet;

2.

Minimum lot width—18 feet;

3.

Front yard setback—20 feet;

4.

Rear yard setback—25 feet; and

5.

Side yard setback—0 Feet along the party wall and eight feet on the end units

If a townhouse project is developed as allowed herein, the density shall remain calculated as set forth for "all dwellings" (minimum lot area (square feet) is 5,000).

Notes:

1.

For narrow streets, see section 108-706; for built-up frontage, see section 108-243.

(Code 1977, § 107-37(D); Ord. No. 2000-10, 9-25-2000; Ord. No. 2001-9, 10-22-2001; Ord. No. 2005-8, 7-25-2005; Ord. No. 2022-04, 5-23-2022)

_____

The following uses shall be permitted and the following regulations and the applicable regulations contained in other articles shall apply in the B-1 Town Center District. All principal permitted uses and conditional uses shall require site plan review in accordance with article V of this chapter. Principal permitted uses are as follows:

(1)

Hotels and motels, subject to section 108-843.

(2)

Bed-and-breakfast, subject to section 108-326.

(3)

Any community retail business or service establishment, such as a food, drug, clothing, hardware, accessory, variety, hair salons, a beauty shop, florist or specialty shops, shoe repair shop, laundromat and dry-cleaning facilities, banks, funeral homes professional offices, a real estate offices or insurance offices or the like, supplying commodities or performing services primarily for residents and visitors of the town.

(4)

Restaurants, cafes (to include outdoor dining), pubs, and confectioneries.

(5)

Antique or gift shops.

(6)

Automobile service stations, light repair and storage garages and commercial parking lots for passenger vehicles, subject to provisions in section 108-817 and provided that all motor tuning or testing or other noisy activities are conducted within enclosed buildings.

(7)

Theaters, opera houses, live entertainment venues.

(8)

Furniture stores, interior decorating shops, provided that all principal buildings and workshops and all paint storage are located at least 50 feet from any lot in an R District.

(9)

Warehousing for products and goods sold on the premises, provided that the first 30 feet of any warehouse fronting Main Street be used for the sale of the goods produced or stored.

(10)

Boardinghouses and lodginghouses.

(11)

Any other retail business or service establishment which is determined by the board of appeals to be of the same general character as those specified herein, but not including any use prohibited herein or of a class first permitted in a B-2, B-3 or M District.

(12)

Dwellings above street level floors where street level floors are utilized for commercial, retail or other uses as allowed in this chapter.

(Code 1977, § 107-38(A); Ord. No. 2000-10, 9-25-2000; Ord. No. 2008-10, 11-24-2008)

The following accessory uses are permitted in the B-1 Town Center District:

(1)

Accessory buildings and uses customarily incidental to any permitted principal use, and not otherwise prohibited.

(2)

Exterior signs pertaining only to the uses conducted on premises. Such signs shall be integral with or attached to the building; or if any such building is more than 25 feet back from the street line, a freestanding sign located at the street right-of-way line shall be permitted. No such sign shall project over any street line unless attached to a marquee or canopy no more than three feet above a parapet wall or roof line if mounted on the building, nor shall it exceed 25 feet in total height if freestanding. The area of all such signs on the premises shall not exceed in aggregate one square foot for each linear foot of building frontage. Where the lot adjoins an R District, any exterior sign 50 feet thereof shall be attached flat against the front of the building. Other requirements pursuant to article X of this chapter shall apply to signs in a B-1 District.

(3)

The manufacturing, processing or treatment of goods for sale primarily at retail on the premises or the cleaning, laundering, repairing or other treatment of objects as a retail service to customers on the premises, in which operations not more than three persons shall be engaged at any one time.

(Code 1977, § 107-38(B); Ord. No. 2000-10, 9-25-2000)

The following conditions are required in the B-1 Town Center District:

(1)

All business and processing, except as stipulated, shall be conducted wholly within completely enclosed buildings, except for the sale of automotive fuels, lubricants and incidental services at service stations, and the parking or loading of vehicles, unless authorized as an exception by the board of appeals.

(2)

Where a B-1 District fronts directly across the street or abuts a lot line from any R District, the parking and loading facilities shall be set back at least 25 feet from the street line or lot line, and the intervening space shall be landscaped. All buildings in such cases shall be set back at least 15 feet.

(3)

Processes and equipment employed and goods processed or sold shall be limited to those which are not objectionable by reason of hazard, odor, dust, smoke, cinders, gas, fumes, noise, vibration, radiation, refuse matter or water-carried waste.

(4)

No lighting other than minimum protective night lighting shall remain on after business hours. All lighting shall be shaded so as to direct the light away from residential premises and public streets.

(Code 1977, § 107-38(C); Ord. No. 2000-10, 9-25-2000)

No structures shall exceed three stories or 45 feet, and no accessory structure shall exceed two stories or 30 feet in height, except as provided in section 108-241.

(Code 1977, § 107-38(D); Ord. No. 2000-10, 9-25-2000)

Conditional uses require board authorization, in accordance with section 107-69 and 107-70, and site plan review, pursuant to article V of this chapter.

(Code 1977, § 107-38(E); Ord. No. 2000-10, 9-25-2000)

The following minimum requirements shall be observed, subject to the modified requirements in article IV of this chapter:

Notes:

1. For narrow streets, see section 108-706; for built-up frontage, see section 108-243.

2. Or greater, as specified elsewhere in this chapter.

(Code 1977, § 107-38(F); Ord. No. 2000-10, 9-25-2000)

_____

A group home as defined in section 108-5 may be permitted as a conditional use in the B-1 Town Center District subject to the approval of such conditional use in that district by the Board of Zoning Appeals. The area in which a group home may be permitted as a conditional use shall be restricted to the area of Old Ocean City Boulevard east of U.S. Route 113 in the B-1 Town Center District.

(Ord. No. 2018-06, 11-26-2018)

The following uses shall be permitted and the following regulations and the applicable regulations contained in the other articles shall apply in the B-2 Shopping District. All principal permitted uses and conditional uses shall require site plan review in accordance with article V of this chapter, site plan review. Principal permitted uses include the following:

(1)

Any principal use or structure permitted and as regulated in the B-1 District, except as herein modified.

(2)

Boardinghouses or lodginghouses.

(3)

Bed-and-breakfasts.

(4)

Hotels and motels.

(5)

Any community retail business or service establishment, such as a food, drug, clothing, hardware, accessory, variety or department stores, barbershops, beauty shops, florist or specialty shop, a shoe repair shop, laundromats, cleaning shop, a bank or savings and loan office, a professional office, funeral homes, a real estate or insurance office or the like, supplying commodities or performing services primarily for residents of the town and surrounding community.

(6)

Tourist homes and produce stands.

(7)

Taverns, nightclubs, drive-in eating and drinking establishments, summer gardens and road houses, including entertainment and dancing, provided that the principal building shall comply with one-half the distance requirement of section 108-712.

(8)

Automobile parking lots, repair shops or general garages, subject to the provisions in section 108-817.

(9)

Automobile, tire, battery, recreational vehicle and implement establishments for display, hire, sale or general repair, including sales lots.

(10)

Animal hospitals, veterinary clinic or kennel, provided that any structure or area used for such purposes shall comply with the distance requirement of section 108-712.

(11)

Bakery, laundry and clothes cleaning and dyeing establishments, all subject to one-half the distance requirement of section 108-712.

(12)

Wholesale business, warehousing, storage and distributing establishments, except for flammable liquids, paints or explosives.

(13)

Municipally owned electric, communication, water, sewer, gas and fuel transmission lines and necessary equipment and buildings incidental thereto. Wireless transmitting stations, transformers, boosters, railroad lines and stations, water tanks and standpipes shall be subject to one-half the distance of section 108-712.

(14)

Any other retail business or service establishment which is determined by the board of appeals to be of the same general character as those specified herein, but not including any use of a class first permitted in a B-3 or M District.

(15)

Churches and parish houses, and the cultural, educational and recreational activity of its members, worshipers and their invitees, conducted as the sole principal use on a lot or contiguous lots.

(Code 1977, § 107-39(A); Ord. No. 2000-10, 9-25-2000; Ord. No. 2016-01, 4-11-2016)

The following accessory uses are permitted in the B-2 Shopping District:

(1)

Accessory buildings and uses customarily incidental to any permitted principal use, and not otherwise prohibited.

(2)

The manufacturing, processing or treatment of goods for sale primarily at retail on the premises or the cleaning, laundering, repairing or other treatment of objects as a retail service to customers on the premises, in which operations not more than three persons shall be engaged at any one time.

(3)

Warehousing for goods merchandise or products offered for sale on the premises.

(Code 1977, § 107-39(B); Ord. No. 2000-10, 9-25-2000)

The following conditions are required in the B-2 Shopping District:

(1)

Processes and equipment employed and goods processed or sold shall be limited to those which are not objectionable by reason of hazard, odor, dust, smoke, cinders, gas, fumes, noise, vibration, radiation, refuse matter or water-carried waste.

(2)

Lots for public display or sale of automobiles, trucks, recreational vehicles, implements, boats or other machinery or equipment shall comply with the requirement that every such lot shall be fenced along each public street by an ornamental fence not less than 30 inches high, located at least five feet back from the property line or from any public sidewalk, and the space in front thereof shall be landscaped and neatly maintained.

(3)

No lighting, other than minimum protective night lighting, shall remain on after normal business hours. All lighting shall be shaded so as to direct the light away from residential premises and from public streets.

(4)

Along any side adjacent to any R District or institutional premises, an ornamental wall, fence or compact evergreen hedge and wire fence, not less than four feet nor more than six feet high, shall be installed and maintained in good condition without any advertising.

(Code 1977, § 107-39(C); Ord. No. 2000-10, 9-25-2000)

Height regulations shall be the same as in the B-1 District.

(Code 1977, § 107-39(D); Ord. No. 2000-10, 9-25-2000)

The following uses are prohibited in the B-2 Shopping District:

(1)

Any use specified as a permitted use or conditional use in a B-3 or M-1 District.

(2)

Warehousing for goods or merchandise other than those offered for sale on premises.

(3)

Warehousing within 50 feet of Main Street, Broad Street, William Street, or Commerce Street.

(Code 1977, § 107-39(E); Ord. No. 2000-10, 9-25-2000)

_____

The following minimum requirements shall be observed, subject to the modified requirements contained in article IV of this chapter:

Notes:

1. For narrow streets, see section 108-706; for built-up frontage, see section 108-243.

2. Or greater as may be specified elsewhere in this chapter.

(Code 1977, § 107-39(F); Ord. No. 2000-10, 9-25-2000)

_____

The following uses shall be permitted and the following regulations and the applications contained in other articles shall apply in the B-3 General Business District. All permitted uses and conditional uses shall require site plan review in accordance with article V of this chapter, site plan review. Principal permitted uses include:

(1)

Any use or structure permitted and as regulated in the B-2 District, except as herein modified.

(2)

Retail sales of building supplies, not including concrete mixing or bulk storage of sand, gravel, lime or similar materials.

(3)

Contractor's equipment storage yard or plant or storage and rental of equipment commonly used by contractors.

(4)

Trucking or motor freight station or terminal.

(5)

Retail lumberyard, including millwork only when incidental.

(6)

Storage, sale and incidental milling or other processing of grain and livestock feed or storage and sale of coal, coke or firewood, provided that dust is effectively controlled during all operations.

(7)

Carting, express or hauling establishments, including storage of vehicles.

(8)

Stone or monument works not employing power-driven tools, or if employing such tools, then only within a completely enclosed building subject to one-half the distance requirement of section 108-712.

(9)

Any other use that is determined by the board of appeals to be of the same general character as the above-mentioned uses, including any kind of manufacturing or treatment incidental to the conduct of a retail business on the premises, except a use which is first permitted in an M District and/or is prohibited in any district.

(Code 1977, § 107-40(A), (B); Ord. No. 2000-10, 9-25-2000)

Conditional uses requiring board authorization in accordance with sections 108-160 through 108-166 are as follows:

(1)

Electric, communication, water, sewer, gas and fuel transmission lines and necessary equipment incidental thereto and wireless transmitting stations, transformers, boosters, railroad lines and stations.

(2)

Flammable liquids, underground storage only, not to exceed 40,000 gallons and subject to the distance requirements of section 108-712.

(3)

Drive-in theaters, provided that the screen shall be so located that the picture will not be visible from adjacent streets or highways and said screen shall be set back not less than 100 feet from the street line, and provided that all parts of such drive-in theaters shall comply with the distance requirement of section 108-712.

(4)

Public swimming pools, dancing, skating, golf driving ranges, livery stables, riding academies, amusement parks, circuses, carnivals, target ranges or similar open-air recreational uses and facilities except race tracks, all subject to the requirements of section 108-712.

(5)

Revival tents and outdoor meetings.

(6)

Telecommunications, television and radio broadcasting facilities, which consist of antennas, including but not limited to panels, dishes and omnidirectional, mounting hardware and all related equipment necessary to operate various telecommunications systems, including personal communications services (PCS) and cellular transmitting and receiving sites as well as monopoles, freestanding towers, guyed towers and other support and elevational assisting devices, subject to the requirements of section 108-712 and all height restrictions as may be found in this chapter.

(Code 1977, § 107-40(C); Ord. No. 2000-10, 9-25-2000)

Accessory uses and structures are permitted as regulated in the B-2 District.

(Code 1977, § 107-40(D); Ord. No. 2000-10, 9-25-2000)

Height regulations shall be the same as in the B-2 District.

(Code 1977, § 107-40(E); Ord. No. 2000-10, 9-25-2000)

_____

The following minimum requirements shall be observed, subject to the modified requirements contained in article IV of this chapter:

Notes:

1. For narrow streets, see section 108-706; for built-up frontage, see section 108-243.

2. Or greater as may be specified elsewhere in this chapter.

(Code 1977, § 107-40(F); Ord. No. 2000-10, 9-25-2000)

(a)

This district is intended to provide for certain types of business and industry, characterized by light manufacturing, fabricating, warehousing and wholesale distribution which are relatively free from offense and which, with the proper landscaping and buffering, will not detract from residential or commercial desirability of adjacent properties. It is intended that such districts be located with access to major thoroughfares or other major means of transportation, depending upon the specific demands of the industry being served. Industrial parks are encouraged in this district to provide for industrial uses with common access and infrastructure, as well as the provision of open space and adequate buffering to adjacent non-compatible uses.

(b)

The planning and zoning commission, at its discretion, may impose such restrictions to protect the aesthetic and visual character of land adjacent to major highway corridors and to provide for and promote orderly development. All development proposed within this district shall be subject to procedures, standards, and guidelines specified in other parts of this chapter.

(Code 1977, § 107-41(A), (B); Ord. No. 2000-10, 9-25-2000)

(a)

The following uses shall be permitted and the following regulations and the applicable regulations contained in other articles shall apply in the M-1 Light Industrial District. All principal permitted uses and conditional uses shall require site plan review in accordance with article V of this chapter. The following uses and structures shall be permitted in the M-1 District.

(1)

The manufacturing, assembling, compounding, processing, packaging or treatment of cosmetics, pharmaceuticals, musical instruments, novelties, molded rubber or plastic products, electrical appliances, instruments or devices, optical or dental goods, printed matter and similar products.

(2)

The preparation or packaging of food products except fish or meat products, sauerkraut, vinegar and yeast and except canneries and rendering plants.

(3)

The manufacturing, compounding, assembling or treatment to articles of merchandise from previously prepared materials such as bone, cloth, cork, fiber, leather, paper, plastics, metals, stone, shells, thread, wax, yarns or wood, except that no sawmill, planning mill or punch press of over 20 tons rated capacity shall be employed.

(4)

The manufacturing of pottery or other similar ceramic products using only previously pulverized clay and kilns fired only by gas or electricity.

(5)

The manufacture and repair of electric signs, advertising structures and light sheet metal products such as heating and ventilating equipment.

(6)

Plumbing and roofing shops.

(7)

Wholesale or service establishments.

(8)

Contractor shops, equipment and material storage yards, such as electrician, carpenter, plumber, heating, sheet metal, sign painting, printing, upholstery, furniture painting or interior decorating, merchandise fabrication and repair.

(9)

Public utility structures and other essential services.

(10)

Publicly owned facilities such as administration buildings, firehouses, which serve the needs of the community.

(11)

Agriculture uses such as forestry, dairying, pasturage, crop growth, horticulture, stables when located not less than 200 feet from any residential lot line, grazing pastures, nursery crops, non-commercial maintenance buildings, but not including such uses as poultry houses and hog houses.

(12)

Warehouses and self-storage facilities.

(b)

The following uses, when conducted wholly within completely enclosed buildings, except for parking and loading areas and subject to the distance requirement of section 108-712:

(1)

Automobile, truck, recreational vehicle, bus, implement, machinery or similar equipment fabrication, assembly or major repair.

(2)

Automobile body or paint shops.

(3)

Tire recapping plants.

(4)

Blacksmith, welding or other metalworking shops not employing reciprocating hammers or punch presses over 20 tons rated capacity.

(5)

Creamery, bottling, ice manufacturing or cold storage plant or milk distributing depot.

(6)

Foundry casting lightweight nonferrous metals or electric foundry not producing noxious fumes or odors.

(7)

Bag, carpet, and rug cleaning plants, provided that necessary equipment is used to effectively precipitate or recover dust.

(Code 1977, § 107-41(C); Ord. No. 2000-10, 9-25-2000; Ord. No. 2009-08, 11-24-2008)

The following conditional uses requiring board of appeals' authorization in accordance with sections 108-160 through 108-166 are permitted:

(1)

The following uses when located not less than 300 feet from any R District and not less than 200 feet from any B District:

a.

Candle manufacturing plant.

b.

Enameling, lacquering or japanning.

c.

Flour, feed or grain mill.

d.

Grain drying.

e.

Shoddy manufacturing or other textile recycling processes.

f.

Stone or monument works employing power-driven tools.

g.

Laboratories: chemical, physical or biological.

h.

Wastewater treatment facilities. Sludge areas shall not be located on site except by special exception by the board of appeals.

(2)

Any other use determined by the board of appeals to be of the same general character as those specified herein.

(3)

Dwellings above street-level floors where street-level floors are utilized for retail, professional offices or other nonindustrial uses.

(Code 1977, § 107-41(C); Ord. No. 2000-10, 9-25-2000; Ord. No. 2009-10, 7-13-2009)

The following accessory uses are permitted in the M-1 Light Industrial District:

(1)

Accessory uses and structures permitted and as regulated in the B District, except as herein modified.

(2)

Other uses and structures customarily accessory and incidental to a permitted principal or conditional use, except of the type which is permitted only by authorization of the board of appeals in accordance with sections 108-160 through 108-166.

(Code 1977, § 107-41(D); Ord. No. 2000-10, 9-25-2000)

The following uses are prohibited in the M-1 Light Industrial District:

(1)

Any use in conflict with any law or ordinance of the town or the state regulating nuisances.

(2)

Any dwelling, recreational vehicle, school, hospital, church, clinic or other institution for human care; provided, however, that any watchman's or caretaker's dwelling which is accessory to a permitted principal use shall be a permitted use, and provided further that any such dwelling, school, hospital, church, clinic or other institution for human care legally existing in the M-1 District at the time of the effective date of the ordinance from which this chapter is derived or any amendment thereto shall not be subject to any of the limitations or other regulations prescribed for nonconforming uses elsewhere in this chapter.

(3)

Any other use not hereinafter mentioned in any district unless authorized by the board of appeals.

(Code 1977, § 107-41(E); Ord. No. 2000-10, 9-25-2000)

The following conditions are required in the M-1 Light Industrial District:

(1)

The best possible means available for the disposal of reuse matter or water-carried waste, the abatement of obnoxious or offensive odor, dust, smoke, gas, noise, vibration, radiation or similar nuisance and protection against fire and explosives shall be employed.

(2)

All storage yards shall be within completely enclosed buildings or visually screened on all sides from adjacent properties and public rights-of-way by a solid wall or solid fence and shall be landscaped in accordance with section 108-718. No storage shall be located in any required yard setback other than a rear yard.

(Code 1977, § 107-41(F); Ord. No. 2000-10, 9-25-2000)

No structure within 200 feet of any R District shall exceed three stories or 50 feet in height, except as provided in section 108-241, and by special exception approved by the board of appeals.

(Code 1977, § 107-41(G); Ord. No. 2000-10, 9-25-2000)

(a)

The following requirements shall be observed, subject to the modified requirements contained in article IV of this chapter:

Notes:

1. Or greater, as may be specified elsewhere in this chapter.

(b)

No industrial development shall have an area less than that approved by the planning and zoning commission and determined to be adequate for the proposed development.

(Code 1977, § 107-41(H); Ord. No. 2000-10, 9-25-2000)

The regulation of property in the H-1 Historic District shall be governed by the provisions of chapter 104, historic preservation, and the following regulations shall apply in the H-1 Historic District:

(1)

The historic district shall be an overlay zone. The requirements of the underlying zoning shall apply in all cases.

(2)

Every property owner shall maintain their store front windows in a neat and clean condition, as may be determined by the planning director free from debris, junk, trash, litter and other offensive items.

(3)

Every property owner of a store front shall maintain the sidewalk free from all debris and in a safe condition.

(4)

The creation of a flag lots or panhandle lots shall be prohibited in any residentially zoned area in the historic district.

(Code 1977, § 107-44; Ord. No. 2005-5, 7-25-2005)

Planned unit developments which provide for compatible mixed uses may be allowed by the planning and zoning commission in any district. No such development permit shall be granted unless such development will meet the use limitations of the zoning district in which it is located and meet the density and other limitations of such districts, except as such requirements may be lawfully modified as provided by this division. Compliance with the regulations of this section do not excuse compliance with the applicable requirements of chapter 106, subdivision of land, except as are specifically authorized upon the approval of the application for the planned unit development.

(Code 1977, § 107-52(A); Ord. No. 2000-10, 9-25-2000)

No planned unit development shall have an area less than that approved by the planning and zoning commission as adequate for the proposed development.

(Code 1977, § 107-52(B); Ord. No. 2000-10, 9-25-2000)

A planned unit development which will contain uses not permitted in the zoning district in which it is to be located shall be accompanied by an application for a zoning amendment, except that any residential use shall be considered a permitted use in a planned unit development which allows residential uses and shall be governed by density, design and other requirements of the planned unit development permit.

(Code 1977, § 107-52(C); Ord. No. 2000-10, 9-25-2000)

The entire development area shall be in single or corporate ownership at the time of application, or the application shall be filed jointly by all owners of the property.

(Code 1977, § 107-52(D); Ord. No. 2000-10, 9-25-2000)

The planning and zoning commission shall require such arrangements of structures and open spaces within the site development plan as necessary to ensure compatibility within the development and that adjacent properties will not be adversely affected.

(1)

Density of land use intensity shall in no case be more than 25 percent higher than that allowed in the zoning district.

(2)

Where feasible, the least height and density of buildings and uses shall be arranged around the boundaries of the development.

(3)

A concept plan is required to articulate land use, traffic flow both pedestrian and vehicular, open space, drainage patterns, buffers and landscaping prior to or concurrently with the review of the detailed site plan and supporting details.

(4)

Specific lot area, width, yard, height, density, setbacks and coverage regulations shall be determined upon approval of the site development plan.

(Code 1977, § 107-52(E); Ord. No. 2000-10, 9-25-2000)

Open space and common areas shall be provided and shall comply with sections 108-716 and 108-717.

(Code 1977, § 107-52(F); Ord. No. 2000-10, 9-25-2000)

Landscaping, fencing and screening related to the uses within the site and as a means of integrating the proposed development into its surroundings shall be planned and presented to the planning and zoning commission for approval, together with required plans for the development. A planting plan showing proposed tree and shrubbery plantings shall be prepared for the entire site to be developed, pursuant to section 108-718. A grading and drainage plan shall also be submitted to the planning and zoning commission with the application.

(Code 1977, § 107-52(G); Ord. No. 2000-10, 9-25-2000)

Signs shall be regulated pursuant to article X of this chapter.

(Code 1977, § 107-52(H); Ord. No. 2000-10, 9-25-2000)

All planned unit developments shall comply with site plan review requirements.

(Code 1977, § 107-52(I); Ord. No. 2000-10, 9-25-2000)

This district is intended to provide for certain types of business and industry, characterized by light manufacturing, warehousing and wholesale distribution which have little or no detrimental impact on neighboring properties or uses and which, with proper design, will not detract from the agricultural, residential or commercial desirability of adjacent properties or uses or from adjacent or nearby transportation corridors. It is intended that such districts be located with immediate access to or from major thoroughfares or other major modes of transportation, depending upon specific demands of the industry being served. Industrial parks are encouraged in this district to provide for industrial uses with common access and infrastructure, as well as the provisions of open space and adequate buffering to adjacent noncompatible uses.

(Code 1977, § 107-42(A); Ord. No. 2000-10, 9-25-2000)

The following principal permitted uses and structures shall be permitted and the following regulations and the applicable regulations contained in other articles shall apply in the M-1A Industrial District. All principal permitted uses and conditional uses shall require site plan review in accordance with article V of this chapter, site plan review, and section 108-718, landscaping requirements.

(1)

Agriculture use such as forestry, dairying, pasturage, crop growth, horticulture, and noncommercial grain dryers, but not including such uses as poultry houses and hog houses. No yard requirements shall apply for field, vegetable and nursery crops and grazing pastures.

(2)

Timber growing and harvesting. No lot requirements shall apply.

(3)

Public and private conservation areas including wildlife reservations, arboretums and demonstration forests. Minimum yard requirements shall apply for all buildings.

(4)

Drainage structures and similar works for flood prevention and erosion control. No yard requirements shall apply.

(5)

Planned industrial parks subject to the provisions of sections 108-586 through 108-588.

(6)

Professional offices, real estate offices, insurance offices or the like performing services primarily for the residents and visitors of the town.

(Code 1977, § 107-42(B); Ord. No. 2000-10, 9-25-2000; Ord. No. 2005-10, 8-22-2005)

Conditional uses requiring board of appeals authorization in accordance with sections 108-160 through 108-166 and article V of this chapter, site plan review are as follows:

(1)

Commercial grain dryers, feed mills, grain, fertilizer, feed, seed, implement and other agricultural storage and repair and sales facilities. Facilities for the bulk handling of grain, fertilizer and other materials shall be located at least 200 feet from all perimeter property lines and public road rights-of-way.

(2)

Commercial repair of seafood harvesting and agriculture equipment (not including general highway vehicles). All work and storage areas shall be enclosed within a building or screened from public view.

(3)

Storage and processing facilities for seafood, including the sale of seafood processed on site.

(4)

Processing and storage of locally grown vegetables and field crops.

(5)

Livestock purchase and sales yards. All building and yards designed for the concentrated containment of animals shall be located at least 200 feet from any perimeter property line or public road right-of-way.

(6)

Aquaculture packing, canning and processing facilities. Minimum yard requirements shall apply for structures only.

(7)

Sawmills and the manufacturing or processing of wood products. No logs, lumber or by-products shall be stored in any required yard setback, and all power-driven machinery shall be located at least 200 feet from all perimeter property lines and public road rights-of-way.

(8)

Schools subject to all yard requirements in division 2 of article VI of this chapter.

(9)

Concrete and asphalt-mixing plants. No raw materials shall be stored in any required setback and all mixing and power driven machinery shall be located at least 200 feet from all perimeter property lines and public road rights-of-way.

(10)

Commercial riding and boarding stables for three or more animals. Stables shall be located at least 200 feet from any perimeter property line or public road right-of-way, and there shall be an area of one acre per animal stabled.

(11)

Garden centers and single-story garden-center structures offering nursery related products and services for sale. In addition to plants, other items which may be sold at a garden center include gardening equipment, garden tools, gardening supplies and related items necessary and appropriate to gardening activities. No other items may be sold or stored unless otherwise permitted.

(12)

Veterinary clinics and kennels for raising, breeding and boarding of household pets. All pens and runways shall be at least 200 feet from any perimeter property line or public road right-of-way.

(13)

Marine yards for the construction and major repair of watercraft, including marine railways, general marine activities and incidental retail sales of parts and accessories.

(14)

Structures and storage yards for contractors shops, equipment and material storage yards, such as electrician, carpenter, plumber, heating, sheet metal, sign painting, printing, upholstery, furniture painting or interior decorating, merchandise fabrication and repair. Such structures and storage yards shall be screened on all sides.

(15)

Public utility structures and properties other than essential services including cross country lines and mains of all kinds. The planning and zoning commission may require screening, buffering or landscaping where deemed necessary to protect adjoining properties.

(16)

Storage yards and buildings for storage of watercraft and recreational vehicles.

(17)

Telecommunications, television and radio broadcasting facilities, which consist of antennas, including but not limited to panels, dishes and omnidirectional, mounting hardware and all related equipment necessary to operate various telecommunications systems, including personal communications services (PCS) and cellular transmitting and receiving sites as well as monopoles, freestanding towers, guyed towers and other support and elevational assisting devices, subject to section 108-241.

(18)

A crematorium as defined in section 108-5.

(19)

Any other use which is determined by the board of appeals to be of the same general character as those specified, but not including any first permitted use found in other districts.

(Code 1977, § 107-42(C); Ord. No. 2000-10, 9-25-2000; Ord. No. 2022-01, 3-14-2022)

The following accessory uses are permitted in the M-1A Industrial District:

(1)

Noncommercial private parking garages and areas, other customary outbuildings and structures as regulated in the M-1A District, except as herein modified.

(2)

Buildings for farm animals, provided that they are located 200 feet from any perimeter property line or public road right-of-way.

(3)

Roadside stands offering for sale fresh agricultural products and fresh seafood, operated by the property owner or tenant of the premises upon which such stand is located. Such stands shall be located so as not to create a traffic hazard. Such stands shall be closed as appropriate at the end of the fresh product season. Signs shall be subject to article X of this chapter.

(4)

Other uses and structures customarily accessory and incidental to a permitted principal or conditional use, except of the type which is permitted only by authorization of the board of appeals in accordance with sections 108-160 through 108-166.

(Code 1977, § 107-42(D); Ord. No. 2000-10, 9-25-2000)

The following uses are prohibited in the M-1A Industrial District:

(1)

Any use in conflict with any law or ordinance of the town or the state regulating nuisances.

(2)

Any dwelling, recreational vehicle, hospital, church, clinic or other institution for human care; provided, however, that any watchman's or caretaker's dwelling which is accessory to a permitted principal use shall be a permitted use, and provided further that any such dwelling, hospital, church, clinic or other institution for human care legally existing in the M-1A District at the time of adoption of this chapter or any amendment thereto shall not be subject to any of the limitations or other regulations prescribed for nonconforming uses elsewhere in this chapter.

(3)

Any other use not herein mentioned as a permitted or prohibited use in any other district unless authorized by the board of appeals.

(Code 1977, § 107-42(E); Ord. No. 2000-10, 9-25-2000)

No structure within 200 feet of an R District or any county district shall exceed three stories or 50 feet in height, except as provided in section 108-241 and by special exception by the board of appeals.

(Code 1977, § 107-42(E)(1); Ord. No. 2000-10, 9-25-2000)

The following requirements shall be observed, subject to the modified requirements contained in article IV of this chapter:

Notes:

1. Or greater, as may be specified elsewhere in this chapter.

(Code 1977, § 107-42(E)(2); Ord. No. 2000-10, 9-25-2000)

The following uses shall be permitted and the following guidelines and design criteria as well as other applicable regulations contained in other articles shall apply in planned industrial parks permitted in the M-1A Industrial District. All principal permitted uses and conditional uses shall require site plan review in accordance with article V of this chapter, site plan review. Principal permitted uses are as follows:

(1)

The manufacturing, assembling, compounding, processing, packaging or treatment of cosmetics, pharmaceuticals, music instruments, novelties, electrical appliances, computers or devices, optical or dental goods, printed matter and similar products.

(2)

The manufacturing and repair of electrical signs, advertising structures and light sheet metal products, such as heating and ventilating equipment.

(3)

Wholesale or service establishments.

(4)

Contractor shops, equipment and material storage yards, such as electrical, carpenter, plumbing, roofing, heating, sign painting, printing, upholstery, furniture or interior decorating, merchandise fabrication and repair.

(5)

Public utility structures and other essential services.

(6)

Publicly owned facilities, such as administration buildings or firehouses which serve the needs of the community.

(7)

Agricultural uses, such as forestry, dairying, pasturage, crop growth, horticulture, floriculture and stables when located not less than 200 feet from any residential lot line, grazing pastures, nursery crops, noncommercial maintenance buildings, but not including such uses as poultry houses or hog houses.

(8)

Food service facilities, which primarily serve the needs of the occupants of the industrial park and/or their employees, guests and invitees and not the general public. The use shall not occur in a building wherein the facility would be the sole or primary use. The food service facility shall exclude retail sales of grocery items or alcoholic beverages and shall be conducted wholly within a completely enclosed building.

(9)

Day nursery or preschool care. The use shall be primarily to serve the needs of the employees of the industrial park and shall be located accordingly.

a.

Building orientation and access to the site shall be directed to interior local industrial streets.

b.

Site plan design shall minimize vehicular conflicts with nursery/preschool patrons.

(Code 1977, § 107-43(A); Ord. No. 2000-10, 9-25-2000)

In addition to the standards and provisions contained elsewhere in this chapter, the following shall be applicable to all planned industrial parks and to structures and uses contained therein:

(1)

A PIP shall occupy a minimum of 100 acres.

(2)

A PIP shall have a minimum of 25 percent open space exclusive of the highway open space buffer and individual lot coverage by structures shall not exceed 50 percent of the gross lot area.

(3)

A PIP shall be developed under an approved overall site development comprehensive plan for the entire area and other required comprehensive plans. The following submittal requirements shall be met:

a.

Site development plan.

b.

Vehicular and pedestrian circulation plan.

c.

Phasing plan.

d.

Open space plan.

e.

Parking plan.

f.

Stormwater drainage plan.

g.

Infrastructure plan.

h.

Landscaping and forest conservation plan.

i.

Wetlands alteration, restriction and mitigation plan.

(4)

An open space buffer of 75 feet shall be provided within the industrial park where adjacent to properties not within the planned industrial park and a buffer of 150 feet along exterior roadways shall be provided within the industrial park. Such open space shall be landscaped in accordance with the provisions of section 108-718. A service road may be located within the buffer area. This buffer shall consist of a mix of trees and shrubs containing not less than 75 percent native species and planted at such a density as to upon maturity effectively screen adjacent properties and roadways.

(5)

Roads within the industrial park shall be designed and constructed to town standards and shall be of such design to accommodate the proposed and future industrial traffic.

(6)

Buildings within the industrial park shall be set back from all adjacent roadways so as to permit adequate sight distance and aesthetic appeal.

(7)

Any portion of a structure, which faces a public road, approved private road or interparcel connector shall provide a front facade along that side of the structure.

(8)

Individual structures and uses shall comply with the provisions cited in section 107-42F.

(9)

Parking shall be located in side and rear yards and shall be prohibited in the front yard.

(10)

Parking lots shall be covered with an all-weather surface as approved by the planning and zoning commission.

(11)

All loading facilities shall be located in the rear or side yard and suitably screened or buffered from the adjacent lot.

(12)

All individual buildings or structures shall be landscaped in accordance to section 108-718.

(13)

Access points shall be designated so as not to impede traffic flow. The planning and zoning commission and other state agencies may require acceleration and deceleration lanes and service roads or other traffic control measures where deemed necessary to ensure safe ingress and egress.

(14)

All mechanical structures, storage areas, refuse areas and appurtenances shall be screened as approved by the planning and zoning commission.

(15)

In the event that the development is to be subdivided, no building permit shall be issued until such time as the improvements are completed or that a bond has been posted in the amount of 150 percent of the cost for all proposed improvements.

(16)

Each phase within a phased PIP development shall meet all code requirements, other than the 100-acre requirement.

(17)

During site plan review, the planning and zoning commission may establish such additional conditions or require modifications to the proposed project as it deems necessary to implement the full intent of this chapter and to prevent the project from adversely impacting neighboring properties and property value.

(Code 1977, § 107-43(B); Ord. No. 2000-10, 9-25-2000)

In addition to the standards and provisions contained elsewhere in this chapter, the following standards and guidelines shall be used in the review of the site and building plans. These guidelines are meant to encourage creativity, innovation and aesthetically desirable developments. They apply to all principal buildings, uses, structures, signs and other site features.

(1)

Require the best possible means available for the disposal of refuse matter or water-carried waste, the abatement of obnoxious or offensive odor, dust, smoke, gas, noise, vibration, radiation or similar nuisance and protection against fire and explosives shall be employed.

(2)

Require architectural excellence and creative design through aesthetically oriented development standards and deed restrictions to create a definitive character for the industrial park as a whole while allowing individuality.

(3)

Protect adjacent properties through strict development standards while encouraging innovative site planning.

(4)

Promote development in which the exterior architectural design and the arrangement of features and color schemes blends with the existing structures and natural environment. Materials such as reflective metal or glass, plastics and other manmade materials other than those that emulate natural materials should be avoided. Exterior wall and trim colors should blend with the natural environment. All structures and uses should be compatible with the surrounding environment and all designs should blend aesthetically with existing structures and natural conditions.

(Code 1977, § 107-43(C); Ord. No. 2000-10, 9-25-2000)