Statement of intent. This district is composed of certain quiet, low-density residential areas plus certain open areas where similar residential development appears likely to occur. The regulations for this district are designed to stabilize and protect the essential characteristics of the district, to promote and encourage a suitable environment for family life where there are children and to prohibit most activities of a commercial nature. To these ends, development is limited to relatively low concentration of single-unit dwellings providing homes for the residents, as well as commercial activities conducted in such a manner as to not disturb the peace and harmony of the district. This district requires that public streets, utilities and drainage be installed prior to approval.

Statement of intent. This district is composed of the basic components of the R-1 single family residential district, maintaining the same essential characteristics of that district but with a mix of community facilities and home occupations.

Statement of intent. This district is composed of certain medium to high concentrations of residential uses, ordinarily located adjacent to commercial areas, and/or between residential and commercial areas, plus certain open space areas where similar development appears likely to occur. The regulations for this district are designed to stabilize and protect the essential characteristics of the district, to promote and encourage, insofar as compatible with the intensity of land use, a suitable environment for family life, and to permit, under certain conditions, certain neighborhood commercial uses of a character unlikely to develop extreme concentrations of traffic and crowds of customers, with the limitation of permitted outdoor advertising to only six sign types. The positive characteristics of residential neighborhoods shall be maintained while allowing for appropriate infill and redevelopment on vacant and under-utilized parcels. Specific building types will be permitted only by conditional use permit to assure neighborhood compatibility.

(Amended 4-2-2012)

Statement of intent. This district is intended to encourage the continuation of seasonally and permanently occupied homes, and limited resort commercial use. These uses support the town's role as a visitor destination and improve the local economy. The regulations for this district are designed to stabilize and protect the essential characteristics of the district, to promote and encourage, insofar as compatible with the intensity of land use, a suitable environment for family life, and to permit, under certain conditions, certain limited commercial uses of a character unlikely to develop extreme concentrations of traffic and crowds of customers. To these ends, retail activity is limited and this district is protected against encroachment of general commercial and industrial uses. Most residential types of structures for both permanent and transient occupancy, including institutions, are permitted. Some structures for commercial uses conforming to the pattern of the district and several low-impact commercial uses are allowed.

(Amended 4-2-2012)

Statement of intent. This district covers those portions of the town occupied by various open spaces, forests, farmlands, beaches and parks. The agricultural district is established for the specific purpose of promoting and encouraging the development of agricultural and forest lands for continuing agricultural operations, and for the purpose of conserving essential lands and open spaces for the protection of natural resources and waters and the reduction of pollution, soil erosion, and hazards from floods, fires and storms. Uses within this district shall be limited to those agricultural and conservation uses expressly permitted by right. Any proposal for the conversion of such lands to another use shall be evaluated for its impact on the town's existing resources and needs, and may be authorized only after reasonable and orderly process in accordance with the review procedures and standards specified in this ordinance.

The following uses shall be permitted in R-1 single family residential district subject to all other provisions of this ordinance:

3.1.1. Single-family dwelling.

3.1.2. Limited home occupation.

3.1.3. Tourist rental homes.

3.1.4. Accessory building/structure.

(1)

No accessory building/structure may be closer than five feet to any side or rear property line. No accessory building/structure may be closer than 25 feet from the front property line or more than the average setback of the structures on either side.

(2)

The use of semi-trailers, trailers or other types of vehicles or parts of vehicles as storage or accessory structures is not allowed.

3.1.5. Fences.

(1)

All fences to be located from a point even with the rear of the main structure (excluding open decks and open porches) extending to the front lot line shall have a maximum height of four feet and shall be at least 30 percent open space when viewed at any point perpendicular (90-degree angle) to the fence line, regardless of construction materials. Any fence on the remainder of the property shall have a maximum height of six feet and may be of solid construction. A fence previously in compliance with this section may remain in place if a new addition is constructed to an existing residence.

(2)

As to any lot on which there is no existing main structure, all fences shall have a maximum height of four feet and shall be at least 30 percent open space, when viewed at any point perpendicular (90-degree angle) to the fence line, except for a fence erected or constructed along the rear lot line which may have a maximum height of six feet and may be of solid construction.

(3)

Fully enclosed containment fences of solid construction may be erected to enclose aboveground sewage disposal systems and fuel storage tanks. Such containment fences shall not extend more than three feet beyond the perimeter of that to be enclosed. The containment fence shall not extend more than one foot above that to be enclosed and shall not exceed a maximum height of six feet. Such containment fences shall not be placed closer than five feet from any side or rear lot line and shall not be placed closer than 15 feet from the front lot line.

3.1.6. Public utilities.

3.1.7. Signs (see article VII, signs.)

(1)

Street address signs.

(2)

Home occupation signs.

(3)

Resident identification signs.

(4)

Temporary signs.

(5)

Business signs only to advertise the sale or yearly rental of the premises upon which erected. Only one sign, limited to four square feet, will be allowed on each lot.

3.1.8. Parks.

3.1.9. Pony Penning sales.

3.1.10. Yard sales.

3.1.11. Other. The temporary location of construction "site trailers" or other protective, storage or other office-type structures for construction purposes are permitted providing that such structures are removed prior to the issuance of a certificate of occupancy or whenever significant construction activity is discontinued or halted for 30 days or longer.

3.1.12. Any parcel which is located in two or more zoning districts may, at the property owner's request, apply the permitted usages of the district in which a majority of the parcel is located to the entire parcel, so long as it remains a part of the original lot.

(Ord. of 8-1-1994; Ord. of 4-3-1995; Ord. of 11-4-1996; Ord. of 4-13-1998; Ord. of 4-5-1999; Amended 6-2-2003, 9-2-2003, 6-19-2008)

3.2.1. Such other temporary or permanent use of land, buildings, or structures as may be permitted by the town council as a conditional use in accordance with article IX of this appendix.

3.2.2. Repealed 3-1-2010.

(Ord. of 4-3-1995; Ord. of 5-17-2001; Amended 5-3-2004)

3.3.1. Lot size. The minimum lot size for permitted uses shall be 15,000 square feet. (For permitted uses utilizing individual sewage disposal systems, a larger area may be required by the health official.)

3.3.2. Setback. Structures excluding steps, and a landing not greater than five feet by five feet shall be located a minimum of 50 feet from any street right-of-way. When a structure is to be built in an area where there are existing structures, the minimum setback may be waived and the setback line may be the average setback of the structures on either side. This rule shall be known as the "average setback rule" and shall not apply to corner lots or new subdivisions after enactment of this ordinance. This distance shall be known as the setback line.

3.3.3. Open space.

(1)

The minimum side yard setback for each main structure shall be 15 feet.

(2)

Each main structure shall have a minimum rear yard setback of 35 feet except waterfront properties would have no required setback.

3.3.4. Height regulations.

(1)

Buildings and other structures may be erected up to 36 feet in height in accordance with section 2.24 (definition of building and structure height). No structure shall exceed three stories in height. Exception: enclosures below the base flood elevation used for incidental storage, parking garages, and means of egress shall be exempt from being considered a story if such total space is less than 600 square feet in area, however the height restriction still applies. Structures using the "average setback rule" as referenced in 3.3.2 must not exceed the average height of structures on either side of the proposed structure. The building official may make minimum allowances for compliance with applicable flood zone and building code requirements.

(2)

No accessory building or structure shall be more than 25 feet in height.

(3)

Roof area extending above the maximum three-story building height shall not be constructed or converted for human occupancy or use. Exception: HVAC equipment if visually screened from view, elevator bulkheads or stair structures for roof access.

(4)

Chimneys and flues shall not be more than six feet above the height of the main buildings upon which they rest.

(5)

Church spires, belfries, monuments, flagpoles, television antennae and radio aerials may be no higher than 70 feet above mean sea level (excluding public utilities).

(6)

Parapet walls shall not extend more than four feet above the maximum building height for non-residential structures.

3.3.5. Corner lots.

(1)

Of the two sides of a corner lot the front shall be deemed to be the shortest of the two sides fronting on streets.

(2)

The side yard abutting or next to the street shall be 35 feet for both the main and accessory buildings/structures excluding steps, and a landing not greater than five feet by five feet.

(Ord. of 4-3-95; Ord. of 7-3-1995; Ord. of 11-6-1995; Ord. of 7-7-1997; Ord. of 4-13-98; Ord. of 4-5-99; Ord. of 5-17-2001; Amended 10-19-2007, 3-22-2012, 4-2-2012, 5-4-2015, 12-5-2016; Ord. of 8-17-2023)

The following uses shall be permitted in the R-2 one and two family residential district subject to all other provisions of this ordinance:

3.4.1. Single-family dwelling.

3.4.2. Two-family dwelling.

3.4.3. Home occupation.

3.4.4. Tourist rental homes.

3.4.5. Tourist homes.

3.4.6. Bed and breakfast.

3.4.7. Accessory building/structure.

(1)

No accessory building/structure may be closer than five feet to any side or rear property line. No accessory building/structure may be closer than 25 feet from the front property line or more than the average setback of the structures on either side.

(2)

The use of semi-trailers, trailers or other types of vehicles or parts of vehicles as storage or accessory structures is not allowed.

3.4.8. Fences.

(1)

All fences to be located from a point even with the rear of the main structure (excluding open decks and open porches) extending to the front lot line shall have a maximum height of four feet and shall be at least 30 percent open space when viewed at any point perpendicular (90-degree angle) to the fence line, regardless of construction materials. Any fence on the remainder of the property shall have a maximum height of six feet and may be of solid construction. A fence previously in compliance with this section may remain in place if a new addition is constructed to an existing residence.

(2)

As to any lot on which there is no existing main structure, all fences shall have a maximum height of four feet and shall be at least 30 percent open space, when viewed at any point perpendicular (90-degree angle) to the fence line, except for a fence erected or constructed along the rear lot line which may have a maximum height of six feet and may be of solid construction.

(3)

Fully enclosed containment fences of solid construction may be erected to enclose aboveground sewage disposal systems and fuel storage tanks. Such containment fences shall not extend more than three feet beyond the perimeter of that to be enclosed. The containment fence shall not extend more than one foot above that to be enclosed and shall not exceed a maximum height of six feet. Such containment fences shall not be placed closer than five feet from any side or rear lot line and shall not be placed closer than 15 feet from the front lot line.

3.4.9. Public utilities.

3.4.10. Signs (see article VII, signs.)

(1)

Street address signs.

(2)

Home occupation signs.

(3)

Resident identification signs.

(4)

Temporary signs.

(5)

Business signs only to advertise the sale or yearly rental of the premises upon which erected. Only one sign, limited to four square feet, will be allowed on each lot.

(6)

Church bulletin boards and identification signs as defined in article VII.

3.4.11. Parks.

3.4.12. Pony Penning sales.

3.4.13. Yard sales.

3.4.14. Schools.

3.4.15. Churches.

3.4.16. Other. The temporary location of construction "site trailers" or other protective, storage or other office-type structures for construction purposes are permitted providing that such structures are removed prior to the issuance of a certificate of occupancy or whenever significant construction activity is discontinued or halted for 30 days or longer.

3.4.17. Any parcel which is located in two or more zoning districts may, at the property owner's request, apply the permitted usages of the district in which a majority of the parcel is located to the entire parcel, so long as it remains a part of the original lot.

(Ord. of 8-1-1994; Ord. of 4-3-1995; Ord. of 11-4-1996; Ord. of 4-13-1998; Ord. of 4-5-1999; Amended 6-2-2003, 9-2-2003; 6-19-2008, 4-2-2012)

3.5.1 Light waterfront seafood industry.

3.5.2. Such other temporary or permanent use of land, buildings, or structures as may be permitted by the town council as a conditional use in accordance with article IX of this appendix.

3.5.3. Repealed 3-1-2010.

(Ord. of 4-3-1995, Ord of 5-17-2001; Amended 5-3-2004)

3.6.1. Lot size.

(1)

The minimum lot size for permitted uses shall be 12,500 square feet. (For permitted uses utilizing individual sewage disposal systems, a larger area may be required by the health official).

(2)

For each additional attached family or dwelling unit permitted above one, the lot size required shall increase by 5,000 square feet.

3.6.2. Setback. Structures excluding steps, and a landing not greater than five feet by five feet shall be located a minimum of 25 feet from any street right-of-way. When a structure is to be built in an area where there are existing structures, the minimum setback may be waived, and the setback line may be the average setback of the structures on either side. This shall not apply to corner lots or new subdivisions after enactment of this ordinance. This distance shall be known as the setback line.

3.6.3. Open space.

(1)

The minimum side yard setback for each main structure shall be ten feet.

(2)

Each main structure shall have a minimum rear yard setback of 25 feet except waterfront properties would have no required setback.

3.6.4. Height regulations.

(1)

Buildings and other structures may be erected up to 36 feet in height in accordance with section 2.24 (definition of building and structure height). No structure shall exceed three stories in height. Exception: enclosures below the base flood elevation used for incidental storage, parking garages, and means of egress shall be exempt from being considered a story if such total space is less than 600 square feet in area, however the height restriction still applies.

(2)

No accessory building or structure shall be more than 25 feet in height.

(3)

Roof area extending above the maximum three-story building height shall not be constructed or converted for human occupancy or use. Exception: HVAC equipment if visually screened from view, elevator bulkheads or stair structures for roof access.

(4)

Chimneys and flues shall not be more than six feet above the height of the main buildings upon which they rest.

(5)

Church spires, belfries, monuments, flagpoles, television antennae and radio aerials may be no higher than 70 feet above mean sea level (excluding public utilities).

(6)

Parapet walls shall not extend more than four feet above the maximum building height for non-residential structures.

3.6.5. Corner lots.

(1)

Of the two sides of a corner lot the front shall be deemed to be the shortest of the two sides fronting on streets.

(2)

The side yard setback abutting a street, road, right-of-way, or easement shall be 15 feet for both main and accessory structures excluding steps, and a landing not greater than five feet by five feet.

(Ord. of 4-3-1995; Ord. of 7-3-1995; Ord. of 11-6-1995; Ord. of 7-7-1997; Ord. of 2-5-2001; Ord. of 5-17-2001; Amended 12-4-2006, 10-19-2007, 4-2-2012, 5-4-2015, 12-5-2016)

The following uses shall be permitted in the R-3 mixed use residential district subject to all other provisions of this ordinance:

3.7.1. Single-family dwelling.

3.7.2. Two-family dwelling.

3.7.3. Repealed 4-2-2012.

3.7.4. Home occupation.

3.7.5. Tourist home/tourist rental home.

3.7.6. Vacation rental cottages.

3.7.7. Boardinghouse.

3.7.8. Bed and breakfast.

3.7.9. Rest home.

3.7.10. Beauty/barber shop.

3.7.11. Professional office.

3.7.12. Day care facilities.

3.7.13. Nursing homes.

3.7.14. Municipal facilities.

3.7.15. Accessory structure.

(1)

No accessory building/structure may be closer than five feet to any side or rear property line. No accessory building/structure may be closer than 25 feet from the front property line or more than the average setback of the structures on either side.

(2)

The use of semi-trailers, trailers or other types of vehicles or parts of vehicles as storage or accessory structures is not allowed.

3.7.16. Fences.

(1)

All fences to be located from a point even with the rear of the main structure (excluding open decks and open porches) extending to the front lot line shall have a maximum height of four feet and shall be at least 30 percent open space when viewed at any point perpendicular (90-degree angle) to the fence line, regardless of construction materials. Any fence on the remainder of the property shall have a maximum height of six feet and may be of solid construction. A fence previously in compliance with this section may remain in place if a new addition is constructed to an existing residence.

(2)

As to any lot on which there is no existing main structure, all fences shall have a maximum height of four feet and shall be at least 30 percent open space, when viewed at any point perpendicular (90-degree angle) to the fence line, except for a fence erected or constructed along the rear lot line which may have a maximum height of six feet and may be of solid construction.

(3)

Fully enclosed containment fences of solid construction may be erected to enclose aboveground sewage disposal systems and fuel storage tanks. Such containment fences shall not extend more than three feet beyond the perimeter of that to be enclosed. The containment fence shall not extend more than one foot above that to be enclosed and shall not exceed a maximum height of six feet. Such containment fences shall not be placed closer than five feet from any side or rear lot line and shall not be placed closer than 15 feet from the front lot line.

3.7.17. Public utilities.

3.7.18. Signs (see article VII, signs.)

(1)

Street address signs.

(2)

Home occupation signs.

(3)

Resident identification signs.

(4)

Temporary signs.

(5)

Business signs only to advertise the sale or yearly rental of the premises upon which erected. Only one sign, limited to four square feet, will be allowed on each lot.

(6)

Church bulletin boards and identification signs as defined in article VII.

3.7.19. Recreational parks and playgrounds.

3.7.20. Schools.

3.7.21. Churches.

3.7.22. Public piers, public boat ramps.

3.7.23. Pony Penning sales, yard sales.

3.7.24. Repealed 4-2-2012.

3.7.25. Other. The temporary location of construction "site trailers" or other protective, storage or other office-type structures for construction purposes are permitted providing that such structures are removed prior to the issuance of a certificate of occupancy or whenever significant construction activity is discontinued or halted for 30 days or longer.

3.7.26. Any parcel which is located in two or more zoning districts may, at the property owner's request, apply the permitted usages of the district in which a majority of the parcel is located to the entire parcel so long as it remains a part of the original lot.

(Ord. of 8-1-1994; Ord. of 4-3-1995; Ord. of 11-4-1996; Ord. of 4-13-1998; Ord. of 4-5-1999; Amended 6-2-2003, 9-2-2003, 6-19-2008)

3.8.1. Cemetery.

3.8.2. Light waterfront seafood industry.

3.8.3. Townhouse.

3.8.4. Condominiums.

3.8.5. Multifamily dwelling.

3.8.6. Campgrounds.

3.8.7. Camper/travel trailer parks.

3.8.8. Hotels/motels.

3.8.9. Repealed 3-1-2010.

3.8.10. Mobile Home.

3.8.11. Mobile Home Parks.

3.8.12. Such other temporary or permanent use of land, buildings, or structures as may be permitted by the town council as a conditional use in accordance with article IX of this appendix.

(Ord. of 4-3-1995; Ord. of 8-2-1999; Ord. of 5-17-2001; Amended 5-3-2004, 4-2-2012)

3.9.1. Lot size.

(1)

The minimum lot size for permitted uses shall be 10,500 square feet. (For permitted uses utilizing individual sewage disposal systems, a larger area may be required by the health official.)

(2)

For each additional attached family or dwelling unit permitted above one, the lot size required shall increase by 3,000 square feet.

3.9.2. Setback. Structures excluding steps, and a landing not greater than five feet by five feet shall be located a minimum of 25 feet from any street right-of-way. When a structure is to be built in an area where there are existing structures, the minimum setback may be waived, and the setback line may be the average setback of the structures on either side. This shall not apply to comer lots or new subdivisions after enactment of this ordinance. This distance shall be known as the setback line.

3.9.3. Open space.

(1)

The minimum side yard for each main structure shall be ten feet.

(2)

Each main structure shall have a minimum rear yard of 25 feet except waterfront properties would have no required setback.

3.9.4. Height regulations.

(1)

Buildings and other structures may be erected up to 36 feet in height in accordance with section 2.24 (definition of building and structure height). No structure shall exceed three stories in height. Exception: enclosures below the base flood elevation used for incidental storage, parking garages, and means of egress shall be exempt from being considered a story if such total space is less than 600 square feet in area, however the height restriction still applies.

(2)

No accessory building or structures shall be more than 25 feet in height.

(3)

Roof area extending above the maximum three-story building height shall not be constructed or converted for human occupancy or use. Exception: HVAC equipment if visually screened from view, elevator bulkheads or stair structures for roof access.

(4)

Chimneys and flues shall not be more than six feet above the height of the main buildings upon which they rest.

(5)

Church spires, belfries, monuments, flagpoles, television antennae and radio aerials may be no higher than 70 feet above mean sea level (excluding public utilities).

(6)

Parapet walls shall not extend more than four feet above the maximum building height for non-residential structures.

3.9.5. Corner lots.

(1)

Of the two sides of a corner lot the front shall be deemed to be the shortest of the two sides fronting on streets.

(2)

The side yard setback abutting a street, road, right-of-way, or easement shall be 15 feet for both main and accessory structures excluding steps, and a landing not greater than five feet by five feet.

(Ord. of 4-3-1995; Ord. of 7-3-1995; Ord. of 11-6-1995; Ord. of 7-7-1997; Ord. of 2-5-2001; Ord. of 5-17-2001; Amended 12-4-2006, 10-19-2007, 4-2-2012, 5-4-2015, 12-5-2016)

The following uses shall be permitted in the R-4 resort residential district subject to all other provisions of this ordinance:

3.10.1. Single-family dwelling.

3.10.2. Two-family dwelling.

3.10.3. Mobile home.

3.10.4. Home occupation.

3.10.5. Tourist home/tourist rental home.

3.10.6. Vacation rental cottages.

3.10.7. Boardinghouse.

3.10.8. Bed and breakfast.

3.10.9. Rest home.

3.10.10. Beauty/barber shop.

3.10.11. Professional office.

3.10.12. Day care facilities.

3.10.13. Nursing homes.

3.10.14. Municipal facilities.

3.10.15. Accessory structure.

(1)

No accessory building/structure may be closer than five feet to any side or rear property line. No accessory building/structure may be closer than 25 feet from the front property line or more than the average setback of the structures on either side.

(2)

The use of semi-trailers, trailers or other types of vehicles or parts of vehicles as storage or accessory structures is not allowed.

3.10.16. Fences.

(1)

All fences to be located from a point even with the rear of the main structure (excluding open decks and open porches) extending to the front lot line shall have a maximum height of four feet and shall be at least 30 percent open space when viewed at any point perpendicular (90-degree angle) to the fence line, regardless of construction materials. Any fence on the remainder of the property shall have a maximum height of six feet and may be of solid construction. A fence previously in compliance with this section may remain in place if a new addition is constructed to an existing residence.

(2)

As to any lot on which there is no existing main structure, all fences shall have a maximum height of four feet and shall be at least 30 percent open space, when viewed at any point perpendicular (90-degree angle) to the fence line, except for a fence erected or constructed along the rear lot line which may have a maximum height of six feet and may be of solid construction.

(3)

Fully enclosed containment fences of solid construction may be erected to enclose aboveground sewage disposal systems and fuel storage tanks. Such containment fences shall not extend more than three feet beyond the perimeter of that to be enclosed. The containment fence shall not extend more than one foot above that to be enclosed and shall not exceed a maximum height of six feet. Such containment fences shall not be placed closer than five feet from any side or rear lot line and shall not be placed closer than 15 feet from the front lot line.

3.10.17. Public utilities.

3.10.18. Signs (see article VII, signs.)

(1)

Street address signs.

(2)

Home occupation signs.

(3)

Resident identification signs.

(4)

Temporary signs.

(5)

Business signs only to advertise the sale or yearly rental of the premises upon which erected. Only one sign, limited to four square feet, will be allowed on each lot.

(6)

Church bulletin boards and identification signs as defined in article VII.

3.10.19. Recreational parks and playgrounds.

3.10.20. Schools.

3.10.21. Churches.

3.10.22. Public piers, public boat ramps.

3.10.23. Pony Penning sales, yard sales.

3.10.24. Mobile home parks.

3.10.25. Other. The temporary location of construction "site trailers" or other protective, storage or other office-type structures for construction purposes are permitted providing that such structures are removed prior to the issuance of a certificate of occupancy or whenever significant construction activity is discontinued or halted for 30 days or longer.

3.10.26. Any parcel which is located in two or more zoning districts may, at the property owner's request, apply the permitted usages of the district in which a majority of the parcel is located to the entire parcel so long as it remains a part of the original lot.

(Ord. of 8-1-1994; Ord. of 4-3-1995; Ord. of 11-4-1996; Ord. of 4-13-1998; Ord. of 4-5-1999; Amended 6-2-2003, 9-2-2003, 6-19-2008)

3.11.1. Cemetery.

3.11.2. Light waterfront seafood industry.

3.11.3. Townhouse.

3.11.4. Condominiums.

3.11.5. Multifamily dwelling.

3.11.6. Campgrounds.

3.11.7. Camper/travel trailer parks.

3.11.8. Hotels/motels.

3.11.9. Such other temporary or permanent use of land, buildings, or structures as may be permitted by the town council as a conditional use in accordance with article IX of this appendix.

(Ord. of 4-3-1995; Ord. of 8-2-1999; Ord. of 5-17-2001; Amended 5-3-2004)

3.12.1. Lot size—General.

(1)

The minimum lot size for permitted uses shall be 10,500 square feet. (For permitted uses utilizing individual sewage disposal systems, a larger area may be required by the health official.)

(2)

For each additional attached family or dwelling unit permitted above one, the lot size required shall increase by 3,000 square feet.

3.12.2. Setbackgeneral. Structures excluding steps, and a landing not greater than five feet by five feet shall be located a minimum of 25 feet from any street right-of-way. When a structure is to be built in an area where there are existing structures, the minimum setback may be waived, and the setback line may be the average setback of the structures on either side. This shall not apply to comer lots or new subdivisions after enactment of this ordinance. This distance shall be known as the setback line.

3.12.3 Mobile home parks and camper parks. Refer to article VI, section B for area regulations that apply to certain uses such as mobile home parks, and camper/travel trailer parks.

3.12.4. Open space.

(1)

The minimum side yard for each main structure shall be ten feet.

(2)

Each main structure shall have a minimum rear yard of 25 feet except waterfront properties would have no required setback.

3.12.5. Height regulations.

(1)

Buildings and other structures may be erected up to 36 feet in height in accordance with section 2.24 (definition of building and structure height). No structure shall exceed three stories in height. Exception: enclosures below the base flood elevation used for incidental storage, parking garages, and means of egress shall be exempt from being considered a story if such total space is less than 600 square feet in area, however the height restriction still applies.

(2)

No accessory building or structure shall be more than 25 feet in height.

(3)

Roof area extending above the maximum three-story building height shall not be constructed or converted for human occupancy or use. Exception: HVAC equipment if visually screened from view, elevator bulkheads or stair structures for roof access.

(4)

Chimneys and flues shall not be more than six feet above the height of the main buildings upon which they rest.

(5)

Church spires, belfries, monuments, flagpoles, television antennae and radio aerials may be no higher than 70 feet above mean sea level (excluding public utilities).

(6)

Parapet walls shall not extend more than four feet above the maximum building height for non-residential structures.

3.12.6. Corner lots.

(1)

Of the two sides of a corner lot the front shall be deemed to be the shortest of the two sides fronting on streets.

(2)

The side yard setback abutting a street, road, right-of-way, or easement shall be 15 feet for both main and accessory structures excluding steps, and a landing not greater than five feet by five feet.

(Ord. of 4-3-1995; Ord. of 7-3-1995; Ord. of 11-6-1995; Ord. of 7-7-1997; Ord. of 2-5-2001; Ord. of 5-17-2001; Amended 12-4-2006, 10-19-2007, 4-2-2012, 5-4-2015, 12-5-2016)

The following uses shall be permitted in the A agricultural district, subject to all other provisions of this ordinance:

3.13.1. Single-family dwelling.

3.13.2. Home occupation.

3.13.3. Horticultural uses including nurseries, truck farming and the cultivation of crops, and including on-site facilities for grading, storing and shipping, and/or sales of items grown or produced on site.

3.13.4. Raising, grazing and feeding of animals including dairy cows, livestock, swine and poultry, and the keeping of bees.

3.13.5. Game preserves and conservation areas.

3.13.6. Fish hatcheries and fish ponds; wildlife/waterfowl ponds.

3.13.7. Drainage, erosion and flood control devices.

3.13.8. Wells, water reservoirs and water control structures.

3.13.9. Public utilities' generating, booster or relay stations, transformer substations, transmission and distribution lines and towers, pipes, meters and other facilities for the

3.13.10. Accessory structures. provision and maintenance of public utilities, including water and sewage facilities.

3.13.11. Schools, churches.

3.13.12. Seafood and shellfish landing, receiving, storage and shipping facilities.

3.13.13. Aquaculture and mariculture facilities and activities.

3.13.14. Commercial kennels.

3.13.15. Commercial riding and boarding stables.

3.13.16. Public parks, recreational areas, golf courses, yacht and country clubs, marinas and other public buildings.

3.13.17. Facilities for repair and fueling of watercraft.

3.13.18. Commercial seafood and shellfish receiving, processing, packing and shipping facilities.

3.13.19. Lodges, hunting clubs, boating clubs, golf clubs.

3.13.20. Commercial facilities for grading, processing, packing, storage and marketing of agricultural and horticultural products.

3.13.21. Fences.

(1)

All fences to be located from a point even with the rear of the main structure (excluding open decks and open porches) extending to the front lot line shall have a maximum height of four feet and shall be at least 30 percent open space when viewed at any point perpendicular (90-degree angle) to the fence line, regardless of construction materials. Any fence on the remainder of the property shall have a maximum height of six feet and may be of solid construction. A fence previously in compliance with this section may remain in place if a new addition is constructed to an existing residence.

(2)

As to any lot on which there is no existing main structure, all fences shall have a maximum height of four feet and shall be at least 30 percent open space, when viewed at any point perpendicular (90-degree angle) to the fence line, except for a fence erected or constructed along the rear lot line which may have a maximum height of six feet and may be of solid construction.

(3)

Fully enclosed containment fences of solid construction may be erected to enclose aboveground sewage disposal systems and fuel storage tanks. Such containment fences shall not extend more than three feet beyond the perimeter of that to be enclosed. The containment fence shall not extend more than one foot above that to be enclosed and shall not exceed a maximum height of six feet. Such containment fences shall not be placed closer than five feet from any side or rear lot line and shall not be placed closer than 15 feet from the front lot line.

3.13.22. Public utilities.

3.13.23. Signs: temporary signs; see article VII, signs.

3.13.24. Pony Penning sales.

3.13.25. Yard sales.

3.13.26. Mobile home.

3.13.27. Site trailers. The temporary location of construction site trailers or other such protective storage or temporary office-type structures for construction purposes are permitted providing that such structures are removed prior to the issuance of a certificate of occupancy or whenever significant construction activity is discontinued for 30 days or longer.

3-13.28. Any parcel which is located in two or more zoning districts may, at the property owner's request, apply the permitted usages of the district in which a majority of the parcel is located to the entire parcel, so long as it remains a part of the original lot.

(Ord. of 8-1-1994; Ord. of 11-4-1996; Ord. of 4-7-1997; Ord. of 4-13-1998; Ord. of 4-5-1999; Amended 6-2-2003, 9-2-2003)

3.14.1. Cemetery.

3.14.2. Airports and aircraft landing strips.

3.14.3. Radiowave and microwave transmission and relay towers, and appurtenant structures and facilities.

3.14.4. Repealed 3-1-2010.

3.14.5. The use of semi-trailers or trailers as accessory structures for storage.

3.14.6. Such other temporary or permanent use of land, buildings, or structures as may be permitted by the town council as a conditional use in accordance with article IX of this appendix.

(Ord. of 4-3-1995; Ord. of 4-7-1997; Ord. of 8-2-1999; Ord. of 5-17-2001; Amended 9-2-2003)

3.15.1. Lot size.

(1)

The minimum lot size for permitted residential dwellings shall be five acres, or a minimum individual lot size of one acre as long as the allowable gross density does not exceed one unit per five acres on any given parcel of land.

3.15.2. Setback. Structures excluding steps, and a landing not greater than five feet by five feet shall be located a minimum of 50 feet from the edge of any street right-of-way. This distance shall be known as the setback line. When a structure is to be built in an area where there are existing structures, the minimum setback may be waived, and the setback line may be the average setback of the structures on either side. This shall not apply to corner lots or new subdivisions after enactment of this ordinance.

3.15.3. Open space.

(1)

The minimum side yard setback for each main structure shall be 50 feet, and the total width of the two required side yards shall be 100 feet or more.

(2)

The minimum side yard for accessory structures shall be 30 feet or more.

3.15.4. Height regulations.

(1)

Buildings and other structures may be erected up to 36 feet in height in accordance with section 2.24 (definition of building and structure height). No structure shall exceed three stories in height. Exception: enclosures below the base flood elevation used for incidental storage, parking garages, and means of egress shall be exempt from being considered a story if such total space is less than 600 square feet in area, however the height restriction still applies.

(2)

No accessory building or structure shall be more than 25 feet in height.

(3)

Roof area extending above the maximum three-story building height shall not be constructed or converted for human occupancy or use. Exception: HVAC equipment if visually screened from view, elevator bulkheads or stair structures for roof access.

(4)

Chimneys and flues shall not be more than six feet above the height of the main buildings upon which they rest.

(5)

Church spires, belfries, monuments, flagpoles, television antennae and radio aerials may be no higher than 70 feet above mean sea level (excluding public utilities).

(6)

Parapet walls shall not extend more than four feet above the maximum building height for non-residential structures.

3.15.5. Corner lots.

(1)

Of the two sides of a corner lot the front shall be deemed to be the shortest of the two sides fronting on streets.

(Ord. of 7-3-1995; Ord. of 7-7-1997; Ord. of 2-5-2001; Ord. 5-17-2001; Amended 10-19-2007, 4-2-2012, 5-4-2015, 12-5-2016)