SUPPLEMENTAL REGULATIONS
Access to public streets shall be maintained in accordance with the following requirements: Each principal use shall be placed on a lot or parcel which provides frontage on a public street (or private easement) having a right-of-way (or easement) of not less than 20 feet.
(Ord. No. 00-10-1, § 3.3, 10-4-2000)
In all use districts, no fence, wall, shrubbery, sign, marquee or other obstruction to vision between the heights of 2½ and ten feet from the street level shall be permitted within 25 feet of the intersection of the right-of-way lines of two streets.
(Ord. No. 00-10-1, § 3.6, 10-4-2000)
Cross reference— Traffic and vehicles, ch. 46.
The height restriction for all new construction east and west of Highway AlA shall be 35 feet measured from one foot above the centerline of the roadway fronting the property where the structure shall be constructed or the existing natural grate of the property whichever is higher (the "building height"). The building height for gable-style roofs shall be measured as an average building formatting height between elevation of the peak and the eaves of the roof. The building height shall not exceed 38½ feet, and shall not exceed three stories.
(Ord. No. 00-10-1, § 4.1, 10-4-2000; Ord. No. 2005-ORD-1, § 3, 6-6-2005)
There shall be no more permits issued for new mobile home parks, travel trailer parks, RV parks, or campgrounds.
(Ord. No. 00-10-1, § 4.2, 10-4-2000)
(a)
Applicability. All uses of land and buildings not specifically provided for in any zoning district or in other provisions of this article shall be subject to the regulations of this section.
(b)
Public and semipublic uses. Public and semipublic uses, excluding utilities, shall be permitted as follows:
(1)
Any public or semipublic uses may be permitted in any district providing that the request for such use is officially made to the planning and zoning board by the public body or semipublic body desiring such use. The planning and zoning board shall determine whether or not such requested use is necessary, and if the necessity is established there shall be further established recommended requirements to be met concerning such use. The planning and zoning board's recommendation shall be forwarded to the town commission, which shall hold a public hearing on such request.
(2)
Public and semipublic uses existing at the time of the effective date of the ordinance from which this article is derived and as indicated on the zoning map or in supporting documents are hereby legally established as conforming public and semipublic uses.
(c)
Special uses. Special uses shall be permitted as follows:
(1)
Essential public and private utility services shall be permitted in any zoning district. Essential utility services are hereby defined as installations for water, sewer, gas, telephone, electrical lines, drainage systems, and other similar installations, but excluding major installations such as electrical or gas generating plants, water and sewage treatment plants, and other similar major installations.
(2)
Major utility installations, including telephone, telegraph, electricity, natural and artificial gas, radio and television stations, water and sewer treatment plants, and electronic transmissions tower, may be permitted as defined in supporting ordinances, provided that such application is made to the planning and zoning board for its review and recommendations to the town commission, which shall hold a public hearing prior to approval.
(3)
Transportation terminals may be permitted in any nonresidential district, provided that such application is made to the planning and zoning board for its review and recommendations to the town commission, which shall hold a public hearing prior to approval.
(d)
Lot and building requirements. All public, semipublic and special uses shall meet the lot and building requirements of the district in which they are located unless it is determined by the planning and zoning board that such lot and building requirements would not permit the best use of the land and would not provide the best return of the public investment. If a variance is found necessary, such variance shall be submitted to the planning and zoning board for approval.
(Ord. No. 00-10-1, §§ 4.5, 4.6, 10-4-2000)
There shall be no permanent outdoor signs permitted except as defined for use in that particular zoned area, and which are considered an accessory use as approved by the planning and zoning board. Per article X of this chapter, permanent outdoor off-site business advertising signs are not allowed in any zoning/land use district.
(Ord. No. 00-10-1, § 4.7, 10-4-2000)
Regulations for home occupations are as follows:
(1)
The applicant must demonstrate to the planning and zoning board clear evidence that the proposed home occupation will not:
a.
Disturb the peace, quiet and domestic tranquility of the residential neighborhood.
b.
Create excessive odor, noise, parking or traffic above that of the residential neighborhood.
c.
Create a fire hazard or nuisance.
d.
Use or generate toxic or hazardous materials or waste.
(2)
Permitted uses for home occupations are subject to the following regulations:
a.
No more than one home occupation shall be permitted within any single dwelling unit (excluding cases where a person requires multiple professional or vocational licenses and the actual performance or work occurs somewhere other than the applicant's dwelling unit).
b.
Permitted home occupations shall not include the employment of any persons not residing on the premises in the performance of the occupation.
c.
No one other than residents of the dwelling shall be employed in the conduct of a home occupation (excluding those cases where actual performance of work occurs somewhere other than the applicant's dwelling unit).
d.
No stock in trade shall be displayed on the premises, and no retail sales on the premises shall occur.
e.
A home occupation shall produce no noise or obnoxious odors, vibrations, glare, fumes or electrical interference detectable to normal sensory perception.
f.
No traffic or parking shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood.
g.
There shall be no exterior indication of the home occupation, no exterior signs shall be used, and no other on-site advertising visible from the exterior shall be used that informs the public of the address of the home occupation.
h.
No mechanical equipment shall be used or stored on the premises in connection with the home occupation except that which is normally used for purely domestic or household purposes or as specifically provided for in a special exception permit.
(3)
All home occupation land uses are subject to review and a rehearing of the approved home occupation by the town commission upon written and justifiable complaints from surrounding property owners. Such rehearing may result in the revoking of the use or additional conditions for continued operation of a home occupation.
(4)
Home occupation uses shall be subject to all applicable county occupational licenses and other business taxes.
(Ord. No. 00-10-1, § 4.8, 10-4-2000)
Cross reference— Businesses, ch. 14.
SUPPLEMENTAL REGULATIONS
Access to public streets shall be maintained in accordance with the following requirements: Each principal use shall be placed on a lot or parcel which provides frontage on a public street (or private easement) having a right-of-way (or easement) of not less than 20 feet.
(Ord. No. 00-10-1, § 3.3, 10-4-2000)
In all use districts, no fence, wall, shrubbery, sign, marquee or other obstruction to vision between the heights of 2½ and ten feet from the street level shall be permitted within 25 feet of the intersection of the right-of-way lines of two streets.
(Ord. No. 00-10-1, § 3.6, 10-4-2000)
Cross reference— Traffic and vehicles, ch. 46.
The height restriction for all new construction east and west of Highway AlA shall be 35 feet measured from one foot above the centerline of the roadway fronting the property where the structure shall be constructed or the existing natural grate of the property whichever is higher (the "building height"). The building height for gable-style roofs shall be measured as an average building formatting height between elevation of the peak and the eaves of the roof. The building height shall not exceed 38½ feet, and shall not exceed three stories.
(Ord. No. 00-10-1, § 4.1, 10-4-2000; Ord. No. 2005-ORD-1, § 3, 6-6-2005)
There shall be no more permits issued for new mobile home parks, travel trailer parks, RV parks, or campgrounds.
(Ord. No. 00-10-1, § 4.2, 10-4-2000)
(a)
Applicability. All uses of land and buildings not specifically provided for in any zoning district or in other provisions of this article shall be subject to the regulations of this section.
(b)
Public and semipublic uses. Public and semipublic uses, excluding utilities, shall be permitted as follows:
(1)
Any public or semipublic uses may be permitted in any district providing that the request for such use is officially made to the planning and zoning board by the public body or semipublic body desiring such use. The planning and zoning board shall determine whether or not such requested use is necessary, and if the necessity is established there shall be further established recommended requirements to be met concerning such use. The planning and zoning board's recommendation shall be forwarded to the town commission, which shall hold a public hearing on such request.
(2)
Public and semipublic uses existing at the time of the effective date of the ordinance from which this article is derived and as indicated on the zoning map or in supporting documents are hereby legally established as conforming public and semipublic uses.
(c)
Special uses. Special uses shall be permitted as follows:
(1)
Essential public and private utility services shall be permitted in any zoning district. Essential utility services are hereby defined as installations for water, sewer, gas, telephone, electrical lines, drainage systems, and other similar installations, but excluding major installations such as electrical or gas generating plants, water and sewage treatment plants, and other similar major installations.
(2)
Major utility installations, including telephone, telegraph, electricity, natural and artificial gas, radio and television stations, water and sewer treatment plants, and electronic transmissions tower, may be permitted as defined in supporting ordinances, provided that such application is made to the planning and zoning board for its review and recommendations to the town commission, which shall hold a public hearing prior to approval.
(3)
Transportation terminals may be permitted in any nonresidential district, provided that such application is made to the planning and zoning board for its review and recommendations to the town commission, which shall hold a public hearing prior to approval.
(d)
Lot and building requirements. All public, semipublic and special uses shall meet the lot and building requirements of the district in which they are located unless it is determined by the planning and zoning board that such lot and building requirements would not permit the best use of the land and would not provide the best return of the public investment. If a variance is found necessary, such variance shall be submitted to the planning and zoning board for approval.
(Ord. No. 00-10-1, §§ 4.5, 4.6, 10-4-2000)
There shall be no permanent outdoor signs permitted except as defined for use in that particular zoned area, and which are considered an accessory use as approved by the planning and zoning board. Per article X of this chapter, permanent outdoor off-site business advertising signs are not allowed in any zoning/land use district.
(Ord. No. 00-10-1, § 4.7, 10-4-2000)
Regulations for home occupations are as follows:
(1)
The applicant must demonstrate to the planning and zoning board clear evidence that the proposed home occupation will not:
a.
Disturb the peace, quiet and domestic tranquility of the residential neighborhood.
b.
Create excessive odor, noise, parking or traffic above that of the residential neighborhood.
c.
Create a fire hazard or nuisance.
d.
Use or generate toxic or hazardous materials or waste.
(2)
Permitted uses for home occupations are subject to the following regulations:
a.
No more than one home occupation shall be permitted within any single dwelling unit (excluding cases where a person requires multiple professional or vocational licenses and the actual performance or work occurs somewhere other than the applicant's dwelling unit).
b.
Permitted home occupations shall not include the employment of any persons not residing on the premises in the performance of the occupation.
c.
No one other than residents of the dwelling shall be employed in the conduct of a home occupation (excluding those cases where actual performance of work occurs somewhere other than the applicant's dwelling unit).
d.
No stock in trade shall be displayed on the premises, and no retail sales on the premises shall occur.
e.
A home occupation shall produce no noise or obnoxious odors, vibrations, glare, fumes or electrical interference detectable to normal sensory perception.
f.
No traffic or parking shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood.
g.
There shall be no exterior indication of the home occupation, no exterior signs shall be used, and no other on-site advertising visible from the exterior shall be used that informs the public of the address of the home occupation.
h.
No mechanical equipment shall be used or stored on the premises in connection with the home occupation except that which is normally used for purely domestic or household purposes or as specifically provided for in a special exception permit.
(3)
All home occupation land uses are subject to review and a rehearing of the approved home occupation by the town commission upon written and justifiable complaints from surrounding property owners. Such rehearing may result in the revoking of the use or additional conditions for continued operation of a home occupation.
(4)
Home occupation uses shall be subject to all applicable county occupational licenses and other business taxes.
(Ord. No. 00-10-1, § 4.8, 10-4-2000)
Cross reference— Businesses, ch. 14.