Uses
(1) District permitted: all districts;
(2) Minimum conditions:
(1) Conditional property uses, because of public convenience and necessity and their effect upon the neighborhood, shall be permitted only upon the approval of the planning commission, after due notice and public hearing, and a finding that they will not be detrimental to the general comprehensive plan or to adjacent and surrounding property.
(2) Permits for conditional property uses shall be signed by the secretary of the planning commission and shall stipulate restrictions or conditions which may include a definite time limit, provisions for a front, side or rear yard greater than the minimum requirements of the zoning ordinance, suitable landscaping, off-street parking, and any other reasonable restrictions, conditions, or safeguards that would uphold the spirit and intent of the zoning ordinance and mitigate any adverse effect upon the neighborhood properties by reason of the use extension, construction, or alteration allowed.
(3) If not otherwise specified by the planning commission, conditional property use permits shall expire at the end of a period of one year from the time they are granted, if the use for which the permit is not established by that time.
(4) The officer having charge of the enforcement of this code shall have at any time the right and duty to investigate any complaints concerning the use of any structure or property or the continuance of use of any structure or property in accordance with the provisions of this title covering conditional property uses. Upon his findings that the use or continued use of said premises is contrary to the provisions of this title establishing conditions for such use, then he shall forthwith issue a cease and desist order prohibiting the use or continuance of use of said premises for said purpose and it shall be abated as a public nuisance. Any cease and desist order issued by the enforcement officer as above provided shall be appealable in writing to the planning commission for a period of 20 days after the issuance of the order.
(5) Any conditional property use shall meet the minimum dimensional standards of the zone in which it is to be located as well as the minimum conditions listed in this chapter.
(6) If a planning commission has not been appointed, then its duties and functions shall be assumed by the council. (Ord. 369 § 11, 1995)
(1) Districts permitted: residential district;
(2) Minimum conditions:
(a) The use of the premises as a home occupation must qualify as a home occupation according to this title’s definition of the same;
(b) Not over 50 percent of the actual total floor area on one floor is to be used for the home occupation;
(c) The home occupation is to be a secondary use of the dwelling;
(d) No structural alterations will be allowed to accommodate the occupation and no entrance to the space devoted to the occupation from other than within the dwelling will be allowed except when otherwise required by law;
(e) No people other than members of the immediate family residing in a dwelling are to be engaged in said home occupation;
(f) No commercial signs shall be posted except one unlighted sign bearing the name and occupation of the resident not exceeding two square feet in area and to be located to the rear of the front yard setback yard;
(g) No window display and no sample commodities are to be displayed outside the building;
(h) No materials or mechanical equipment shall be used which will be detrimental to the residential use of the residence or adjoining residences because of vibration, noise, dust, smoke, odor, interference with radio or television reception or other factors;
(i) No materials or commodities shall be delivered to or from the residence which are of such bulk or quantity as to require delivery by a commercial vehicle or a trailer or the parking of customers’ vehicles in a manner or frequency as to cause disturbance or inconvenience to nearby residents or so as to necessitate off-street parking.
(j) In addition to obtaining a permit from the town, a home occupation must also obtain and maintain a business license as provided for in Chapter 5.05 CMC. (Ord. 637 § 12, 2020; Ord. 369 § 11(A), 1995)
(1) District permitted: residential district.
(2) Minimum conditions:
(a) Minimum land area standards as now established and as they may be subsequently established by the State Department of Public Instruction;
(b) Fifty-foot setback on front, side and rear yards;
(c) Off-street parking area equal to at least five times the floor area of the auditorium or two stalls per classroom, whichever is the greater;
(d) Conformance with the neighborhood or comprehensive plan. (Ord. 369 § 11(B), 1995)
(1) District permitted: all districts;
(2) Minimum conditions:
(a) Sixty-foot frontage on a public street;
(b) Three hundred square feet of outdoor play space per student, exclusive of garage area and located to the rear of the front setback line;
(c) Thirty-five square feet of room space per student;
(d) Fifteen percent of the wall area shall be in window space exclusive of window wells. (Ord. 369 § 11(C), 1995)
(1) District permitted: all districts;
(2) Minimum conditions: same minimum conditions as specified for home occupations. (Ord. 369 § 11(D), 1995)
(1) Districts permitted: all districts; conditional use in residential districts only;
(2) Minimum conditions:
(a) Minimum lot area: 10,000 square feet;
(b) Minimum lot frontage: 100 feet;
(c) Maximum coverage: 25 percent for all buildings;
(d) Maximum height: 40 feet;
(e) Minimum setback distances: front yard same as required in district regulations, 15 feet for side yard, and 20 feet for rear yard. Buildings on corner lots shall observe the minimum setback on both streets;
(f) Signs not to exceed 18 square feet;
(g) Parking: one off-street parking space, located to the rear of the front setback line, for each 200 square feet of gross floor area. (Ord. 369 § 11(E), 1995)
(1) Districts permitted: conditional use in residential and commercial; permitted in commercial/industrial;
(2) Minimum conditions:
(a) One off-street parking space for each 200 square feet of gross floor area;
(b) Side and rear yard must be one and one-half times the minimum required for the zone in which it is located. (Ord. 369 § 11(F), 1995)
(1) Districts permitted: all districts; conditional in residential districts;
(2) Minimum conditions:
(a) Maximum coverage: 65 percent for all buildings within the R zone; that of the district in which the structure is located within all other zones;
(b) Handicap access: shall comply with applicable laws relating to handicap access;
(c) Parking: one off-street parking space located to the rear of the front yard setback line for each 200 square feet of gross floor area. (Ord. 369 § 11(G), 1995)
(1) Districts permitted: all districts;
(2) Minimum conditions:
(a) Parking: one off-street parking space, located to the rear of the front yard setback line, for each 200 square feet of gross floor area or one off-street parking space for each four seats of the seating capacity within the structure, whichever is the greater.
(b) Other requirements of the district in which the structure is located. (Ord. 369 § 11(H), 1995)
Uses
(1) District permitted: all districts;
(2) Minimum conditions:
(1) Conditional property uses, because of public convenience and necessity and their effect upon the neighborhood, shall be permitted only upon the approval of the planning commission, after due notice and public hearing, and a finding that they will not be detrimental to the general comprehensive plan or to adjacent and surrounding property.
(2) Permits for conditional property uses shall be signed by the secretary of the planning commission and shall stipulate restrictions or conditions which may include a definite time limit, provisions for a front, side or rear yard greater than the minimum requirements of the zoning ordinance, suitable landscaping, off-street parking, and any other reasonable restrictions, conditions, or safeguards that would uphold the spirit and intent of the zoning ordinance and mitigate any adverse effect upon the neighborhood properties by reason of the use extension, construction, or alteration allowed.
(3) If not otherwise specified by the planning commission, conditional property use permits shall expire at the end of a period of one year from the time they are granted, if the use for which the permit is not established by that time.
(4) The officer having charge of the enforcement of this code shall have at any time the right and duty to investigate any complaints concerning the use of any structure or property or the continuance of use of any structure or property in accordance with the provisions of this title covering conditional property uses. Upon his findings that the use or continued use of said premises is contrary to the provisions of this title establishing conditions for such use, then he shall forthwith issue a cease and desist order prohibiting the use or continuance of use of said premises for said purpose and it shall be abated as a public nuisance. Any cease and desist order issued by the enforcement officer as above provided shall be appealable in writing to the planning commission for a period of 20 days after the issuance of the order.
(5) Any conditional property use shall meet the minimum dimensional standards of the zone in which it is to be located as well as the minimum conditions listed in this chapter.
(6) If a planning commission has not been appointed, then its duties and functions shall be assumed by the council. (Ord. 369 § 11, 1995)
(1) Districts permitted: residential district;
(2) Minimum conditions:
(a) The use of the premises as a home occupation must qualify as a home occupation according to this title’s definition of the same;
(b) Not over 50 percent of the actual total floor area on one floor is to be used for the home occupation;
(c) The home occupation is to be a secondary use of the dwelling;
(d) No structural alterations will be allowed to accommodate the occupation and no entrance to the space devoted to the occupation from other than within the dwelling will be allowed except when otherwise required by law;
(e) No people other than members of the immediate family residing in a dwelling are to be engaged in said home occupation;
(f) No commercial signs shall be posted except one unlighted sign bearing the name and occupation of the resident not exceeding two square feet in area and to be located to the rear of the front yard setback yard;
(g) No window display and no sample commodities are to be displayed outside the building;
(h) No materials or mechanical equipment shall be used which will be detrimental to the residential use of the residence or adjoining residences because of vibration, noise, dust, smoke, odor, interference with radio or television reception or other factors;
(i) No materials or commodities shall be delivered to or from the residence which are of such bulk or quantity as to require delivery by a commercial vehicle or a trailer or the parking of customers’ vehicles in a manner or frequency as to cause disturbance or inconvenience to nearby residents or so as to necessitate off-street parking.
(j) In addition to obtaining a permit from the town, a home occupation must also obtain and maintain a business license as provided for in Chapter 5.05 CMC. (Ord. 637 § 12, 2020; Ord. 369 § 11(A), 1995)
(1) District permitted: residential district.
(2) Minimum conditions:
(a) Minimum land area standards as now established and as they may be subsequently established by the State Department of Public Instruction;
(b) Fifty-foot setback on front, side and rear yards;
(c) Off-street parking area equal to at least five times the floor area of the auditorium or two stalls per classroom, whichever is the greater;
(d) Conformance with the neighborhood or comprehensive plan. (Ord. 369 § 11(B), 1995)
(1) District permitted: all districts;
(2) Minimum conditions:
(a) Sixty-foot frontage on a public street;
(b) Three hundred square feet of outdoor play space per student, exclusive of garage area and located to the rear of the front setback line;
(c) Thirty-five square feet of room space per student;
(d) Fifteen percent of the wall area shall be in window space exclusive of window wells. (Ord. 369 § 11(C), 1995)
(1) District permitted: all districts;
(2) Minimum conditions: same minimum conditions as specified for home occupations. (Ord. 369 § 11(D), 1995)
(1) Districts permitted: all districts; conditional use in residential districts only;
(2) Minimum conditions:
(a) Minimum lot area: 10,000 square feet;
(b) Minimum lot frontage: 100 feet;
(c) Maximum coverage: 25 percent for all buildings;
(d) Maximum height: 40 feet;
(e) Minimum setback distances: front yard same as required in district regulations, 15 feet for side yard, and 20 feet for rear yard. Buildings on corner lots shall observe the minimum setback on both streets;
(f) Signs not to exceed 18 square feet;
(g) Parking: one off-street parking space, located to the rear of the front setback line, for each 200 square feet of gross floor area. (Ord. 369 § 11(E), 1995)
(1) Districts permitted: conditional use in residential and commercial; permitted in commercial/industrial;
(2) Minimum conditions:
(a) One off-street parking space for each 200 square feet of gross floor area;
(b) Side and rear yard must be one and one-half times the minimum required for the zone in which it is located. (Ord. 369 § 11(F), 1995)
(1) Districts permitted: all districts; conditional in residential districts;
(2) Minimum conditions:
(a) Maximum coverage: 65 percent for all buildings within the R zone; that of the district in which the structure is located within all other zones;
(b) Handicap access: shall comply with applicable laws relating to handicap access;
(c) Parking: one off-street parking space located to the rear of the front yard setback line for each 200 square feet of gross floor area. (Ord. 369 § 11(G), 1995)
(1) Districts permitted: all districts;
(2) Minimum conditions:
(a) Parking: one off-street parking space, located to the rear of the front yard setback line, for each 200 square feet of gross floor area or one off-street parking space for each four seats of the seating capacity within the structure, whichever is the greater.
(b) Other requirements of the district in which the structure is located. (Ord. 369 § 11(H), 1995)