Statement of intent. The primary purpose of this district is to establish and protect a district that will provide an appropriate array of public facilities and services to meet the basic needs of the community. This includes public facilities and services that are available to all portions of the town. The district will not include any parcel that is in private individual ownership. Public land uses are defined as those uses, which are owned and controlled by a public body for use as a service to the general public. Public land uses comprise a variety of uses for the health, education, safety, and general well-being of the public such as town offices, post offices, or other government service buildings. Semi-public land uses are uses owned and controlled by a private or civic group for the purpose of aiding in the health, education, safety, or well-being of the general public or a specific segment of the public. Small-scale semi-public uses may be located in residential neighborhoods. Large-scale semi-public uses should be located in commercial districts.

Statement of intent. The purpose of this district is to provide parks, recreational and open space areas for use by visitors and residents of the town. Parks and open spaces help to define neighborhoods, serve as natural drainageways, and satisfy the aesthetic and recreational needs of the community.

Statement of intent. The resource conservation district is established for the specific 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 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 zoning amendment process in accordance with the review procedures and standards specified in this ordinance.

The following uses shall be permitted in the PSP public/semi-public district, subject to all other provisions of this ordinance:

5.1.1. Health clubs, spas, and gyms.

5.1.2. Professional office.

5.1.3. Tourist information center, gift shops.

5.1.4. Day care facilities.

5.1.5. Nursing home.

5.1.6. Caterer.

5.1.7. Schools.

5.1.8. Municipal facilities.

5.1.9. Marina, boat ramp, harbor, including fuel sales.

5.1.10. Light waterfront seafood industry.

5.1.11. Light industry.

5.1.12. Civic center.

5.1.13. Public parking lot.

5.1.14. State or federal facilities

5.1.15. Stormwater management facilities

5.1.16. Accessory structures.

(1)

No accessory structure may be closer than five feet to any property line.

5.1.17. Public utilities.

5.1.18. Signs, see article VII, signs.

5.1.19. Pony Penning sales, carnival grounds.

5.1.20. Fences.

(1)

All fences located from a point even with the front, for commercial uses, [or] rear, for residential uses, of the main structure 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. Open decks and open porches are exempted from being considered the rear of the main structure for residential uses. A fence previously in compliance with this section may remain in place if a new addition is constructed to the existing residential main structure.

(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)

Containment fences of solid construction may be erected to enclose fuel storage tanks, dumpsters and aboveground sewage disposal systems. 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 eight 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.

5.1.21. 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.

5.1.22. 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.

(Amended 4-2-2012)

5.2.1. Cemetery.

5.2.2. Reserved.

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

5.2.4. 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.

5.2.5 Parking garages and other similar structures.

5.2.6. Recycling center/waste transfer center.

5.3.1. Lot size. No minimum lot size for permitted uses shall be required.

5.3.2. Setback. Structures excluding steps, and a landing not greater than five feet by five feet shall be located a minimum of ten feet from 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.

5.3.3. Open space.

(1)

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

(2)

Each main structure shall have a minimum rear yard of 15 feet except waterfrontproperties would have no required setbacks for both residential and commercial structures.

5.3.4. Height regulations.

(1)

Buildings or 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.

5.3.5. 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 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 2-5-2001; Amended 10-19-2007, 4-2-2012, 5-4-2015, 12-5-2016)

The following uses shall be permitted in the POS park and open space district, subject to all other provisions of this ordinance:

5.4.1. Accessory building/structure.

(1)

No accessory 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.

5.4.2. Fences.

(1)

All fences 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 the existing residential main structure.

(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 above ground 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.

5.4.3. Public utilities.

5.4.4. Signs.

(1)

Street address signs.

(2)

Temporary signs.

(3)

Public signs. See article VII, signs.

5.4.5. Parks.

5.4.6. Pony Penning sales.

5.4.7. Farmers market or festival sales.

5.4.8. Other. 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.

5.4.9. 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.

(Amended 4-2-2012)

[5.5.1.] 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.

5.6.1. 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.)

5.6.2. 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 shall not apply to corner lots or new subdivisions after enactment of this ordinance. This distance shall be known as the setback line..

5.6.3. Open space.

(1)

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

(2)

Each main structure shall have a minimum rear yard of 35 feet except waterfrontproperties would have no required setbacks.

5.6.4. 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.

5.6.5. 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 abutting or next to the street shall be 35 feet for both main and accessory building/structure excluding steps, and a landing not greater than five feet by five feet.

(Ord. of 2-5-2001; Amended 4-2-2012, 5-4-2015, 12-5-2016)

The following uses shall be permitted in the RC resource conservation district, subject to all other provisions of this ordinance:

5.7.1. Game preserves and conservation areas.

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

5.7.3. Drainage, erosion and flood control devices.

5.7.4. Wells, water reservoirs and water control structures.

5.7.5. Seafood and shellfish landing and receiving areas.

5.7.6. Aquaculture and mariculture activities.

5.7.7. Public parks and recreational areas.

5.7.8. 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.

5.7.9. Public utilities.

(Ord. of 8-7-2023)

5.8.1. Public utilities generating, booster or relay stations, transformer substations, transmission and distribution lines and towers, pipes, meters and other facilities for the provision and maintenance of public utilities, including water and sewage facilities.

5.8.2. 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.

Editor's note— An Ord. adopted August 7, 2023 repealed § 5.9 which pertained to area regulations and derived from an Ord. adopted February 5, 2001; and amendments adopted April 2, 2012, May 4, 2015, and December 5, 2016.