Except as herein provided, no building shall hereafter be erected, constructed, moved or relocated on a lot not having direct vehicular and pedestrian access on a publicly dedicated, publicly accepted or publicly maintained street with a right-of-way of not less than 50 feet.

(Ord. 97-04, passed 12-19-1996)

   For the purpose of this chapter, all public streets in the town are hereby classified as being either major or minor streets. Each major street in the town is designated on the Zoning Map. All other streets shall be considered as minor streets.

(Ord. 97-04, passed 12-19-1996)

   On lots having frontage on more than one street at an intersection, the minimum front yard requirement may be reduced to one-half the regulated distance on the portion of the lot fronting on the street or streets of less importance. If the streets are designated on the Zoning Map as being of equal importance, then the property owner can choose the street along which he or she wishes to reduce his or her front yard requirement. However, in no case, shall the setback be reduced to less than 15 feet. The minimum front yard for the portion of the lot fronting on the street of greater importance shall be provided in accordance with the provisions established by this chapter for the district in which the lot is located.

(Ord. 97-04, passed 12-19-1996)

   (A)   Every building or use hereafter erected or established shall be located on a lot; and every one- and two-family residential structure, except as herein provided, shall be located on an individual lot. In all cases, the principal buildings on a lot shall be located within the area formed by the building lines as outer boundaries and, in no case, shall the buildings infringe beyond the building lines into the respective front, side, rear yards or other setbacks required for the district in which the lot is located.

   (B)   The first floor elevation of all new or moved structures subsequent to the passage of this chapter shall be in compliance with the minimum height requirements of established Federal Flood Insurance Program flood boundaries.

(Ord. 97-04, passed 12-19-1996)

   On lots having frontage on two streets, but not located on a corner, the minimum front yard shall be provided on each street in accordance with the provisions of this chapter. On lots having frontage on more than two streets, the minimum front yard shall be provided in accordance with the provisions of this chapter on at least two of the street frontages. The minimum front yard on the other frontage or frontages may be reduced along the other streets in accordance with the provisions of § 151.122.

(Ord. 97-04, passed 12-19-1996)

   The setback requirements of this chapter shall not apply to any lot where the average setback on already built upon lots located wholly or in part within 100 feet on each side of the lot and within the same block and zoning district and fronting on the same street as the lot, is less than the minimum required setback. In these cases, the setback on a lot may be less than the required setback, but not less than the average of the existing setbacks on the developed lots. However, in no case shall setbacks be less than 15 feet.

(Ord. 97-04, passed 12-19-1996)

   The required front, side and rear yards for individual lots, as set forth for the particular district within which a given lot is located, shall be measured inward toward the center of the lot from all points along the respective front, side and rear property lines of the lot. Once the yard areas of a given lot have been established, the remaining area of the lot which is not included in any required front, side or rear lot shall be known as the “buildable area”.

(Ord. 97-04, passed 12-19-1996)

   (A)   Nonconforming buildings or land uses are declared by this chapter to be incompatible with permitted uses in the districts involved. However to avoid undue hardship, the lawful use of any building or land uses at the time of the enactment of this chapter may be continued even though the use does not conform with the provisions of this chapter, except that the nonconforming building or land use or portions thereof, shall not be:

      (1)   Changed to another nonconforming use;

      (2)   Re-used or re-occupied after discontinuance of use or occupancy for a period of 30 days or more;

      (3)   Re-established, reoccupied or replaced with the same or similar building, or land use after physical removal or relocation from its specific site location at the time of passage of this chapter for a period of 30 days or more;

      (4)   Repaired, rebuilt or altered after damage exceeding 60% of its replacement cost at the time of destruction. Reconstruction or repair, when legal, must begin within six months after damage is incurred; and

      (5)   Enlarged or altered in a way which increases its nonconformity.

   (B)   Nothing in this section shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of the official.

(Ord. 97-04, passed 12-19-1996)

   (A)   Notwithstanding other provisions of this chapter, certain nonconforming buildings or land uses, after this chapter is enacted into law, shall be discontinued, and/or shall be torn down, altered or otherwise made to conform with this chapter within the periods of time set forth below. Upon application to the Board of Appeals, the Board, either according to general rule or upon findings in the specific case, may permit not more than one extension for not more than the time indicated below.

   (B)   Notice shall be sent by the Zoning Administrator to all nonconforming users stating wherein they do not conform to this chapter and stating the date by which they must either comply or cease to exist. The date that a nonconforming use must either comply or cease to exist shall be measured from the date of enactment of this chapter and shall be observed regardless of whether notice of nonconformity is sent by the Zoning Administrator or received by the affected owner.

 

 

(Ord. 97-04, passed 12-19-1996)

   A home occupation shall be permitted in any Residential or MH District; provided that, the occupation:

   (A)   Is conducted by no other persons than members of the family residing on the premises;

   (B)   Is conducted within the principal building;

   (C)   Utilizes not more than 25% of the total floor area of the principal building;

   (D)   Produces no alteration or change in the character or exterior appearance of the principal building from that of a dwelling;

   (E)   Involves no sale or offering for sale of any article not produced or assembled by members of the family, or any service not entirely performed by members of the family residing on the premises;

   (F)   Creates no disturbing or offensive noise, vibration, smoke, dust, odor, heat, glare, traffic hazard, unhealthy or unsightly condition; and

   (G)   Is not visibly evident from outside the dwelling, except for a sign of four square feet or smaller in size and mounted against a wall of the principal building.

(Ord. 97-04, passed 12-19-1996)

   In addition to the principal uses, each of the following uses is considered to be a customary accessory use, and as such, may be situated on the same lot with the principal use or uses to which it serves as an accessory.

   (A)   Uses customarily accessory to farms and other agricultural uses.

      (1)   Private airfields or airstrips, together with subordinate uses;

      (2)   Private garages;

      (3)   Cemeteries;

      (4)   Barns, stables and other facilities for livestock;

      (5)   Sheds or tool rooms for the storage of equipment used in grounds or building maintenance;

      (6)   Storage facilities for produce;

      (7)   Greenhouses;

      (8)   Condenseries;

      (9)   Feed lots;

      (10)   Facilities for hatching or butchering of fowl;

      (11)   Private swimming pool and bath house or cabana;

      (12)   Private dock or boat house; and

      (13)   Swimming beach.

   (B)   Uses customarily accessory to dwellings.

      (1)   Private garage not to exceed the following storage capacities:

         (a)   One- or two-family dwelling: four automobiles;

         (b)   Multi-family dwelling: two automobiles per dwelling unit; and

         (c)   Group dwelling: one and one-half automobiles per sleeping room.

      (2)   Open storage space or parking area for motor vehicles; provided that, the space does not exceed the maximum respective storage capacities listed under division (A) above; and, provided that, the space shall not be used for more than one commercial vehicle licensed as one ton or less in capacity per family residing on the premises;

      (3)   Shed or tool room for the storage of equipment used in grounds or building maintenance;

      (4)   Private kennel for no more than three dogs or three cats, four months of age or older;

      (5)   Private swimming pool and bath house or cabana;

      (6)   Private dock or boat house;

      (7)   Swimming beach; and

      (8)   Noncommercial flower, ornamental shrub or vegetable garden, greenhouse or slat house not over eight feet in height.

   (C)   Uses customarily accessory to church buildings.

      (1)   Religious education buildings;

      (2)   Kindergartens;

      (3)   Parsonage, pastorium or parish house, together with any use accessory to a dwelling as listed under division (A) above;

      (4)   Off-street parking area for the use without charge of members and visitors to the church; and

      (5)   Cemeteries.

   (D)   Uses customarily accessory to retail businesses, office uses and commercial recreation facilities.

      (1)   Off-street parking or storage area for customers, clients or employees;

      (2)   Completely enclosed building for the storage of supplies, stock or merchandise;

      (3)   Light manufacturing and/or repair facility incidental to the principal use; provided that, dust, odor, smoke, noise, vibration, heat or glare produced as a result of the manufacturing or repair operation is not perceptible from any boundary line of the lot on which the principal and accessory uses are located and, provided, the operation is not otherwise specifically prohibited in the district in which the principal use is located;

      (4)   Private airfields or airstrips, together with subordinate uses;

      (5)   Sheds or tool rooms for the storage of equipment used in operations or maintenance;

      (6)   Private swimming pools, bath houses or cabanas;

      (7)   Swimming beach; and

      (8)   Bait house.

   (E)   Uses customarily accessory to public uses, buildings or activities. There shall be no limitations regarding accessory uses to any use, building or activity operated within the public domain; except that, the uses, buildings or activities must be directly related and subordinate to the principal public use.

(Ord. 97-04, passed 12-19-1996)

   All accessory uses operated in structures above ground level shall observe all setbacks, yards and other requirements set forth for the district within which they are located, except those water-oriented facilities such as beaches, docks and the like, which shall be permitted to infringe into required setback areas along shorelines and into rivers, lakes, streams and other waterways.

(Ord. 97-04, passed 12-19-1996)

   Areas suitable for parking or storing automobiles in off-street locations shall hereafter be required in all districts at the time of the initial construction of any principal building producing an increase in dwelling units, guest rooms, floor area, seating or bed capacity or when a conversion in use occurs. Off-street parking spaces shall have direct access to a street or alley and shall be provided and maintained in accordance with the following requirements.

 

(Ord. 97-04, passed 12-19-1996)

   Including aisles, entrances and exits, each required off-street parking area, lot or other facility shall contain a minimum of 300 square feet of space for each automobile to be accommodated.

(Ord. 97-04, passed 12-19-1996)

   (A)   If the required automobile parking space cannot reasonably be provided on the same lot on which the principal use is conducted, the spaces may be provided on other off-street property; provided, the property lines are within 400 feet of the main entrance to the principal use.

   (B)   The automobile parking space shall be associated with the principal use and shall not thereafter be reduced or encroached upon in any manner.

(Ord. 97-04, passed 12-19-1996)

   A single use encompassing more than one of the activities, as specified in § 151.132, or two or more principal uses whether located on the same or separate lots, may utilize a common area in order to comply with off-street requirements; provided that, the total number of individual spaces available in the common area is not less than the sum of the spaces required for the individual uses as separately computed in accordance with the provisions of § 151.132; and, provided that, the owner of the lot relinquished his or her development rights over the property until the time as parking space is provided elsewhere.

(Ord. 97-04, passed 12-19-1996)

   When determining parking area requirements for individual uses, portions of the public rights-of-way on minor streets may be considered as permissible for maneuvering incidental to parking. On major streets, parking facilities shall provide space outside the public rights-of-way for maneuvering incidental to parking.

(Ord. 97-04, passed 12-19-1996)

   Required parking space may extend up to 120 feet into a residential district; provided that:

   (A)   The parking space adjoins a commercial or industrial district;

   (B)   It has its only access to, or fronts upon, the same street as the property in the commercial or industrial district for which it provides the required parking space; and

   (C)   It is separate from abutting properties in the residential district by a continuous planted buffer or a solid brick, concrete block or stone wall, or a uniformly painted board fence. The buffer strip shall not be less than six feet in height and if planted, shall be composed of healthy plants which possess growth characteristics of a nature as to produce a dense, compact planting screen.

(Ord. 97-04, passed 12-19-1996)

   (A)   Every lot on which a business, trade, industry, residential use or mobile home park containing ten or more units hereafter established, shall provide space as indicated herein for the loading and unloading of vehicles off public rights-of-way. The space shall have access to an alley or, if there is no alley, to a street. For the purpose of this section, an off-street loading space shall have minimum dimensions of 12 feet by 40 feet and be clear and free of obstructions at all times.

   (B)   Required space shall be considered as follows:

      (1)   Retail business: one space for each 5,000 feet of gross floor space;

      (2)   Transportation, wholesale, industrial, governmental and institutional uses, including all public assembly places, hospitals and educational institutions, public or private outdoor and indoor recreational areas or activities: one space for the first 25,000 square feet of total floor area. For anything in excess of 25,000 square feet, the uses shall provide loading spaces according to the following schedule:

 

 

      (3)   Any residential use or mobile home park consisting of ten or more dwelling units: one space.

   (C)   All uses, whether specified in this chapter or not, shall provide off-street loading areas sufficient for their requirements. The space shall be adequate so that no vehicle being loaded or unloaded in connection with normal operations shall stand in or project into a public street, walk, alley or way.

   (D)   Required off-street loading and unloading areas shall in all cases be located on the same lot or parcel of land as the structure they are intended to serve. In no case shall the required off-street loading space be considered as part of the area provided to satisfy off-street parking requirements as listed herein.

   (E)   (1)   When situated adjacent to a residential district or a residential property, an institutional, commercial or industrial use, an off-street loading and unloading area shall be separated from the adjoining residential district or property line by a continuous planted buffer strip or a solid brick, concrete block or stone wall or a uniformly painted board fence.

      (2)   The buffer strip shall not be less than six feet in height and if planted, shall be composed of healthy plants which possess growth characteristics of a nature as to produce a dense, compact planting screen.

(Ord. 97-04, passed 12-19-1996)

   In all districts established by this chapter, no fence, wall, terrace, sign, shrubbery, planting or other structure or object capable of obstructing driver vision between the heights of three and ten feet above the finished street level shall be permitted on a corner lot within 25 feet of the point formed by the intersection of the street right-of-way lines (or the lines extended in case of a rounded corner) which bound the lot.

(Ord. 97-04, passed 12-19-1996)

   At the intersection of any private drive or entrance or exit with a public street, no fence, wall, hedge or other planting or sign forming a material impediment to visibility over a height of two and one-half feet shall be erected, planted, placed or maintained.

(Ord. 97-04, passed 12-19-1996)

   The height limitations of this chapter shall not apply to church spires, belfries, cupolas and domes not intended for human occupancy, monuments, water towers, observation towers, transmission towers, silos, chimneys, smokestacks, conveyors, roof signs, flag poles, masts and aerials; provided, evidence from appropriate authorities is submitted to the effect that the building or structure will not interfere with any airport approach zones or flight patterns.

(Ord. 97-04, passed 12-19-1996)

   (A)   No major recreational equipment shall be parked or stored on any lot in a residential district, except in a carport or enclosed building or behind the nearest portion of a building to a street; provided, however, that, equipment may be parked anywhere on residential premises for a period not to exceed 24 hours during loading or unloading.

   (B)   The equipment shall observe all setbacks, yard and other requirements set forth within the residential districts in which they are located.

   (C)   No equipment shall be used for living, sleeping or housekeeping purposes when parked or stored on a residential lot, or in any location not approved for the uses.

(Ord. 97-04, passed 12-19-1996)

   Automotive vehicles or trailers of any kind or type without current license plates shall not be parked or stored on any residentially zoned property other than in completely enclosed buildings.

(Ord. 97-04, passed 12-19-1996)

   Ingress-egress openings in concrete, asphalt, rock or other curbing provisions, commonly referred to as “curb cuts”, as well as other means of vehicular access to and from private property, shall be regulated in the several zoning districts established by this chapter in accordance with the following requirements.

   (A)   Number, size and spacing of curb cuts and other access points. In no case shall a curb cut or other access point be less than nine feet or more than 50 feet in length. No more than one curb cut per lot shall be permitted, except in FA, Commercial and Industrial Districts where two shall be permitted on each street the lot fronts.

   (B)   Location of curb cuts and other access points. At street intersections, no curb or other access point shall be located closer than:

      (1)   Twenty feet from the intersection point of the two street right-of-way or property lines involved (or in lines extended in case of a rounded corner); or

      (2)   Twenty-five feet from the intersection of the two curb lines involved (or the lines extended in case of a rounded corner), whichever is the least restrictive.

   (C)   Access points in the vicinity of interchanges. In no case shall any curb cut, point of access or other means of vehicular ingress and egress from private property onto a public street be permitted closer than 200 feet to the intersection point of that street’s right-of-way line and with the right-of-way line of any portion of an interchange, involving grade separations with that road and any limited access highways; the interchange to include all portions of all ramps, accelerating and deceleration lanes, merge lanes and other facilities specifically designed to facilitate traffic movement onto and off of the limited access highway.

(Ord. 97-04, passed 12-19-1996)

   All uses must satisfactorily comply with the requirements of the State Department of Health and Environmental Control and the County Board of Health, regarding the protection of waterways from pollution by waste materials and the protection of the atmosphere from pollution by dust, smoke or other waste materials.

(Ord. 97-04, passed 12-19-1996)