Except as otherwise provided by this chapter:

(1)

Every building or group of related buildings shall be located on a lot, as herein defined, having at least the area, width, lot area per family and yards herein prescribed for the district in which such building is located.

(2)

No lot shall be used for dwelling purposes which does not abut for at least 40 feet on a street, as herein defined, except as provided in section 108-240.

(3)

Not more than one dwelling structure shall be located on a lot as herein defined, except as provided for in divisions 4 and 5 of article VI of this chapter.

(Code 1977, § 107-16; Ord. No. 2000-10, 9-25-2000)

(a)

No accessory building shall be located in any required court or in any yard other than a rear yard except as provided hereinafter. Accessory buildings shall be distant at least six feet from alley lines and from any other building on the same lot and at least six feet from lot lines of adjoining lots, which are in any R District.

(b)

Accessory buildings, except stables, may be erected as a part of the principal building or, if at least six feet therefrom, may be connected thereto by a breezeway or similar structure, provided that all yard requirements for a principal building are complied with.

(c)

In any R District, where a corner lot adjoins in the rear a lot fronting on the side street and located in an R District, no part of any accessory building on such corner lot shall be nearer the side street lot line than the least depth of the front yard required along such side street for a dwelling on such adjoining lot; and in no case shall any part of such accessory building be nearer to the common lot line than the least width of a side yard required for the principal building.

(Code 1977, § 107-17; Ord. No. 2000-10, 9-25-2000)

No lot shall be reduced in area so as to make any yard or any other open space less than the minimum required by this chapter, and if already less than the minimum required, said yard or open space shall not be further reduced. No part of a yard or other open space provided about any building or structure for the purpose of complying with the provisions of this article shall be considered as part of a yard or other open space required under this article for any other building or structure.

(Code 1977, § 107-18; Ord. No. 2000-10, 9-25-2000)

In every district, spaces for off-street parking and for loading or unloading of vehicles shall be provided in accordance with the requirements in divisions 2 and 3 of article IX of this chapter. Off-street parking and loading areas may occupy all or part of any required yard or open space except as specified in sections 108-767 and 108-788.

(Code 1977, § 107-19; Ord. No. 2000-10, 9-25-2000)

In any R-1 or R-2 District, a transitional use shall be permitted on a lot, which adjoins either directly or across an alley, a B or M District. The permitted transitional uses for any such lot shall be of any use permitted in the R-3 District. In such case, the requirements governing lot area per family, off street parking, yards and other open spaces shall be the same as in an R-3 District. Any transitional use shall not extend more than 75 feet from the district boundary line.

(Code 1977, § 107-20; Ord. No. 2000-10, 9-25-2000)

Each front yard depth or setback specified herein shall be measured at right angles (or radial) from the nearest street right-of-way line, except that where the right-of-way of any existing street is less than 40 feet wide in the case of a minor street, or less than 60 feet wide in the case of a major street, the front yard or setback shall be measured from a line 25 feet or 30 feet, as the case may be, from the center line of the street. The foregoing rules shall apply also to the measurement of a side yard on the street side of a corner lot.

(Code 1977, § 107-21; Ord. No. 2000-10, 9-25-2000)

Where a court is provided in any building other than a single-family dwelling, for the purpose of furnishing light and air to rooms in which persons are to live, sleep or work, except storage rooms, such court shall comply with the regulations as specified in the building code, in effect in the town, and all amendments, as may be adopted by the Mayor and Council.

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

Along any zoning line, on a lot adjoining such boundary line in the less restricted district, any abutting front yard, side yard, rear yard or court, unless subject to greater restrictions or requirements stipulated by other provisions of this chapter, shall have a minimum width or depth equal to the average of the required minimum widths or depths for such yards or courts in the two districts on either side of such zoning boundary line. In case the height of a proposed structure on such lot in the less restricted district is greater than the maximum height permitted in the adjoining more restricted district, the minimum width or depth of the yard or court for such structure shall be determined by increasing the minimum width or depth required for the highest structure permitted in such more restricted district by one foot for each two feet by which the proposed structure exceeds the maximum height permitted in said more restricted district.

(Code 1977, § 107-23; Ord. No. 2000-10, 9-25-2000)

In any district on any corner lot, no fence, structure or planting that would interfere with traffic visibility, as determined by the planning director, across the corner shall be erected or maintained within 25 feet of the intersection of the street lines.

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

The conversion of a building into a dwelling or the conversion of a dwelling so as to accommodate an increased number of dwelling units or families shall be permitted only within a district in which a new building for similar occupancy would be permitted under this article and only when the resulting occupancy will comply with the requirements governing new construction in such district.

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

Essential services, as defined in section 108-5, shall be permitted in any district, as authorized and regulated by law and ordinances, it being the intention hereof to exempt such essential services from the application of this chapter.

(Code 1977, § 107-26; Ord. No. 2000-10, 9-25-2000)

All uses, buildings or premises for which compliance with the distance requirement in this article is stipulated elsewhere in this chapter shall be at least 200 feet from any lot in any R District.

(Code 1977, § 107-27; Ord. No. 2000-10, 9-25-2000)

Temporary buildings and structures, including recreational vehicles, for uses incidental to construction work on the premises shall be permitted in any district where such construction is being done by a responsible contractor or builder under a contract having a definite completion date and on condition that such temporary buildings and structures shall be removed upon the completion or discontinuance of construction.

(Code 1977, § 107-28; Ord. No. 2000-10, 9-25-2000)

(a)

The moving of all buildings, structures and dwellings from one location to another within the town, or the moving of buildings from outside the town to a location within the town or from within the town to a location outside the town, is permitted only as a special exception to this chapter, as herein provided in division 5, article II of this chapter, and shall require site plan review in accordance with article V of this chapter.

(b)

Notice of special house moving exceptions shall comply as provided in division 5, article II of this chapter, section 108-191. In addition, all adjacent property owners shall be notified by regular mail.

(Code 1977, § 107-29; Ord. No. 2000-10, 9-25-2000; Ord. No. 2005-1, 3-28-2005)

Townhouse and multifamily developments shall comply with the following requirements, in addition to the other applicable provisions of this chapter:

(1)

Townhouse buildings.

a.

Townhouse buildings shall consist of a group of not less than three and not more than six townhouse dwellings attached to each other by party walls. No more than two adjacent townhouse dwellings in any townhouse building shall have the same back and front setback line. The minimum variation of front and back setback lines shall be four feet.

b.

The minimum building width shall be 18 feet for each dwelling.

c.

Minimum horizontal distances.

1.

The minimum horizontal distance between facing walls of any two buildings on one lot or any one building with facing walls shall be as follows:

(i)

Where two facing walls both contain a window or windows, not less than 35 feet.

(ii)

Between two facing walls only one of which contains a window or windows, not less than 30 feet.

(iii)

Between two facing walls neither of which contains a window or windows, not less than 25 feet.

2.

Facing walls are walls opposite to and parallel with one another and/or any opposite walls whose lines, if extended, would intersect at angles of less than 65;deg;.

d.

Maximum height shall not exceed two stories or 30 feet, except that the basement floor of any dwelling may open to grade at the rear only.

(2)

Multifamily buildings.

a.

Multifamily buildings shall consist of a group of not more than 12 dwelling units unless the planning commission finds that an improved development plan can be achieved and that public necessity, convenience, general welfare and good zoning practice will be better served, in which case, the planning commission may allow a multifamily building to consist of up to, but not to exceed, 36 units as determined on a case by case basis.

b.

No building shall have any wall greater than 100 feet in horizontal length and shall be separated by at least 25 feet from other buildings on the lot.

c.

The provisions of subsection (1)c of this section, relating to minimum horizontal distances between facing walls, shall also apply to multifamily developments.

(3)

All townhouse and multifamily developments shall provide sidewalks, curbs, and gutters in accordance with the specifications.

(Code 1977, § 107-30; Ord. No. 2000-10, 9-25-2000; Ord. No. 2015-06, 11-9-2015)

All nonresidential uses, townhouse and multifamily developments and single-family subdivisions involving three or more dwelling units or lots shall provide open space (see definition of "open space" in section 108-5) in accordance with the following table:

(Code 1977, § 107-31; Ord. No. 2000-10, 9-25-2000)

In multifamily-unit developments, at least 500 square feet per unit, with a minimum of 5,000 square feet, of the open space per project shall be devoted to usable common area open space. Common area open space may include such areas as playgrounds and landscaped or seating areas. Common open space areas shall be improved by grading, seeding, landscaping and the installation of benches, playground equipment, landscape features or the like as shown on the approved site plan. Such improvements shall be provided and maintained at the sole expense of the developer, subdivision owner or bona fide community association.

(Code 1977, § 107-32; Ord. No. 2000-10, 9-25-2000)

(a)

Purpose. The purpose of this section is to enhance, maintain, preserve and improve the appearance of the open space, vehicular use areas and property abutting public rights-of-way; to require buffering between noncompliant land uses; to protect, preserve and promote the aesthetic appeal, scenic beauty, character and value of the town, and to promote public health and safety through the reduction of noise pollution, stormwater runoff, air pollution, visual pollution, and artificial light glare.

(b)

Landscaping plan. A landscaping plan shall be submitted for all nonresidential uses, townhouse and multifamily developments and single-family subdivisions with three or more dwelling units for review and approval prior to final plat or site plan approval.

(c)

Landscaping criteria. Landscape plans shall be in accordance with landscape criteria adopted by the planning and zoning commission.

(d)

Landscaping to be installed. Landscaping must be installed and maintained in accordance with the approved landscape plan.

(e)

Installation of landscaping; bond. Installation of landscaping shall be complete or bonded in the same manner in which other site improvements are required to be installed or bonded prior to the approval of the subdivision plat or issuance of a zoning certificate or other approval.

(f)

Maintenance bond. The planning and zoning commission shall require a maintenance and replacement bond for required landscaping for a period not to exceed two years and in an amount not to exceed 100 percent of the installation cost.

(Code 1977, § 107-33; Ord. No. 2000-10, 9-25-2000)