The regulations set forth in this chapter qualify or supplement, as the case may be, the regulations appearing elsewhere in this title.

(Ord., 1-18-2005; amd. Ord. 25-01, 2-18-2025)

   Nothing in this title shall be construed as preventing the division of approved and platted duplex lots into separate ownership under the terms of either a condominium ownership structure, a planned unit development ownership structure, or a party wall agreement. No new lots may be platted or created by deed which do not comply with the minimum lot size requirements established for that zone.

(Ord., 1-18-2005; amd. Ord. 25-01, 2-18-2025)

   A.   Any lot under separate ownership of record prior to the adoption of this title, which has dimensions which would prevent building because of the front yard, rear yard and side yard setbacks required by the zone in which it is located, and any lot which has been approved by the town prior to the effective date hereof, which would prevent building because of the front yard, rear yard and side yard setbacks required by the zone in which it is located, shall be deemed to comply with the requirements of the zone in which it is located. The standards of the international building code for development or construction on or near lot lines must still be met.

   B.   This section is not intended to conflict with section 9-3-9 of this chapter, nor shall it be interpreted as taking precedence over the requirements of section 9-3-9 of this chapter.

(Ord., 1-18-2005; amd. Ord. 25-01, 2-18-2025)

   Except as may otherwise be provided in this title, no building permit shall be issued for a lot unless such lot shall have area, width and depth as required by the regulations for the zone in which the lot is located, and the lot has frontage on a street shown as a town street on the streets master plan, land use map, official zoning maps or on private easements connecting the lot to a street as shown on the above mentioned plans and/or maps.

(Ord., 1-18-2005; amd. Ord. 25-01, 2-18-2025)

   No space needed to meet the width, yard, area, coverage, parking or other requirements of this title for a lot or building may be sold or leased away from such lot or building.

(Ord., 1-18-2005; amd. Ord. 25-01, 2-18-2025)

   No parcel of land which has less than the minimum width and area requirements for the district in which it is located may be created from a larger parcel of land for the purpose, whether immediate or future, of building or development as a lot.

(Ord., 1-18-2005; amd. Ord. 25-01, 2-18-2025)

   A.   Permitted Height: Fences, walls and hedges higher than six feet (6') may be erected or allowed within the buildable area; provided, that any physical structure over six feet (6') in height shall require a building permit. Fences, walls and hedges shall not exceed four feet (4') in height within any required front yard or side street side yard and shall not exceed six feet (6') within any required rear yard or interior side yard. Where a fence, wall or hedge occurs along a property line separating two (2) lots and there is a difference in the grade of the properties, the fence, wall or hedge may be erected or allowed to the maximum height permitted on either side of the property line.

   B.   Restrictions On Materials: Chainlink fences over six feet (6') are prohibited in all zones, with the following exceptions, which must be approved by the planning commission:

      1.   For recreational facilities such as tennis courts or other town facilities.

      2.   As temporary vegetation protection during construction as directed by the planning commission.

      3.   Chainlink fences may be permitted in other circumstances by the planning commission when it is found that the fence is necessary in the interest of security or public safety, and when the fencing needs cannot be reasonably met with any other type of fencing.

(Ord., 1-18-2005; amd. Ord. 20-02, 3-17-2020; Ord. 25-01, 2-18-2025)

   The frontage along one or both sides of all state, county and town roads are subject to special review for protection of the highway frontage and safety of access by roads and driveways. These areas, when designated by the planning commission, are shown on the official zoning district map. Any building or development proposal along these sections of roads and highways are subject to special review by the planning commission. The highway frontage review in these designated areas shall be limited to the following factors:

   A.   Consolidated Access: To the extent possible to minimize access points and driveways to the highways, access shall be from existing town or private streets that join with the highways rather than direct highway access. Common driveways between adjoining projects shall be used when possible, and driveways that are required in order to provide access shall be placed where they create the least interference with traffic on the highways.

   B.   Public Safety: All access points along these designated corridors shall be reviewed for public safety of ingress and egress on intersections, pedestrian safety, safety of winter access on steep grades and possible flooding and erosion hazards.

   C.   Pathways, View Corridors And Future Improvements:

      1.   The town shall review proposals for pedestrian and bicycling pathways through the frontage property, proposals for open space, buffered areas and preservation of view corridors where applicable.

      2.   Regardless of the zone setbacks in this title, no structure shall be erected within forty feet (40') of the nearest highway right of way line in order to preserve view corridors, buffer areas, and allow for possible future improvements of the highways themselves. The appeal authority can only grant variances to this setback.

(Ord., 1-18-2005; amd. Ord. 20-02, 3-17-2020; Ord. 25-01, 2-18-2025)

   In all zones, no obstruction to public or private street views in excess of two feet (2') in height above road grade shall be placed on any corner lot within a triangular area formed by the streets at the property line and a line connecting them at points twenty five feet (25') from the intersection of the street right of way lines, except a reasonable number of trees pruned low enough to permit automobile drivers an unobstructed view.

(Ord., 1-18-2005; amd. Ord. 25-01, 2-18-2025)

   Public utility structures may be permitted on less than the required size lots in any district as approved by the planning commission.

(Ord., 1-18-2005; amd. Ord. 20-02, 3-17-2020; Ord. 25-01, 2-18-2025)

   Zero side yard development is not allowed.

(Ord., 1-18-2005; amd. Ord. 25-01, 2-18-2025)

   A.   Permitted: A home occupation in an agricultural or residential zone is a lawful and permitted use if it complies with the definitions and guidelines outlined in this section.

   B.   Conducted Within Dwelling; Secondary Use: The home occupation must be conducted and carried on entirely within a dwelling by persons residing in the dwelling or by those persons at sites away from the dwelling, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof. A home occupation:

      1.   Shall not include the sale of goods or merchandise directly from the home except those which are produced on the premises;

      2.   Shall not involve the use of any yard space or activity outside of the buildings not normally associated with residential use;

      3.   Shall not occupy more than twenty five percent (25%) of the main floor of the dwelling nor more than fifty percent (50%) of the floor area of any garage or outbuilding in which the use is conducted;

      4.   Shall not cause a demand for municipal services in excess of that associated with normal residential use;

      5.   Shall be enclosed within a structure in complete conformity with international building codes as adopted by the town;

      6.   Shall not generate business related vehicular traffic in excess of three (3) vehicles per hour.

   C.   Mechanical Equipment; Types Of Businesses: The use of mechanical equipment shall be limited to small tools whose use shall not generate noise, smoke or odors perceptible beyond the premises of the dwelling. Home occupations would not allow a resident, professional or otherwise, to use the dwelling for his general practice when that practice is normally associated with some other zoning district. Home occupation will, however, allow the use of the dwelling by a physician, dentist, lawyer, clergyman, engineer or the like for consultation or emergency treatment. Consultation shall include the use of a dwelling to receive mail and maintain a telephone, fax or automatic answering device and computer related to the home occupation, but shall not allow frequent or constant visitation to the residence by clients to transact business. Telecommuting in a home satellite office, away from a main office, is permitted.

   D.   Daycare: Home occupation shall include the care of fewer than three (3) children other than members of the family residing in the dwelling or as prescribed by state codes or regulations.

   E.   Advertising; Employees; Outside Storage And Parking:

      1.   There can be identifying signage not in excess of a six (6) square foot nameplate, attached to the building;

      2.   No one outside of the immediate family may be employed within the home;

      3.   Shall not include outdoor storage, outdoor display of merchandise, nor parking/storage of any vehicles in excess of twelve thousand (12,000) pounds gross vehicle weight.

   F.   Covenants Precluding Use; Business License Regulations: In the event covenants applicable to the property preclude this use, the covenants shall control. A home occupation as described by this section would be a permitted use in any residential or agricultural zone and would require compliance with town business licensing regulations in effect at the time of use.

   G.   Administrative:

      1.   Activities normally considered business or commercial uses or activities listed in appendix A to this title, which is on file in the town office, as permitted in residential and agricultural zones are limited to home occupations in all cases and shall follow the review process.

      2.   All home occupations outside of the guidelines of the permitted use as described in this section shall be prohibited. Agricultural businesses that comply with this title in an agricultural zone are permitted uses.

(Ord. 13-01, 9-3-2013; amd. Ord. 20-02, 3-17-2020; Ord. 25-01, 2-18-2025)

   Existing structures shall not be converted to condominium ownership without first receiving the review and recommendation of the planning commission, town attorney and plat approval from the town council. All required public improvements and landscaping shall be completed at the time of conversion or security provided to ensure completion as provided by ordinance. The structure must be brought into substantial compliance with the building code as a condition precedent to plat approval.

(Ord., 1-18-2005; amd. Ord. 25-01, 2-18-2025)

The area of a required rear yard shall be open and unobstructed, except for the following which are permitted:

   A.   A bay window or chimney not over ten feet (10') long projecting not more than two feet (2').

   B.   Window wells extending not more than four feet (4').

   C.   The projection of eaves or cornices not more than two feet (2').

   D.   Private swimming pools, tennis courts and similar uses shall be allowed in a rear yard, provided they are located at least thirty feet (30') from any dwelling on an adjoining lot and at least ten feet (10') from any property line.

   E.   Garages and other accessory buildings as hereinafter provided. Such structures shall not cover over fifty percent (50%) of the rear yard area.

   F.   Hard surfaced parking areas subject to the same location requirements of a garage. A driveway leading to a properly located garage or parking area.

   G.   Underground bomb or fallout shelters for emergency use only, provided they are constructed at least four feet (4') from any property line and also that they conform to all requirements established by the civil defense agency for approved shelters.

   H.   Air conditioners.

   I.   Fences not over six feet (6') in height.

   J.   Hot tubs or similar uses shall be allowed in a rear yard, provided they are located at least ten feet (10') from a dwelling on an adjoining lot or five feet (5') from the property line.

(Ord., 1-18-2005; amd. 2007 Code; Ord. 25-01, 2-18-2025)

The area of a required front yard shall be open and unobstructed, except for the following which are permitted:

   A.   A fence or wall not more than four feet (4') in height; no fence more than two feet (2') in height shall be allowed within twenty five feet (25') of the intersection on any corner lot.

   B.   Uncovered steps leading to the main building; provided, however, that they are not more than four feet (4') in height and do not cause any danger or hazard to traffic by obstructing the view of the street or intersection. Any portion of any steps, covered or uncovered, that are more than four feet (4') above grade must maintain the required setback line.

   C.   Eaves or cornices projecting not more than two feet (2').

   D.   A driveway leading to a properly located garage or parking area; provided, however, no portion of a front yard, as required in this title except for those approved driveways, shall be hard surfaced or graveled so as to encourage or make possible the parking of automobiles, nor shall the town allow any curb cuts or approve any driveways except for entrance and exit driveways leading to properly located parking areas.

   E.   Circular driveways shall be permitted in required front yard areas of single-family dwellings leading to and from a properly located garage or carport on the property subject to the following conditions:

      1.   Such drives shall be hard surfaced.

      2.   Such drives shall not be over sixteen feet (16') in width.

      3.   There shall be an area in landscaping at least fifteen feet (15') in depth from the front property line to the inside of the drive.

      4.   Passenger automobiles may be parked on driveways serving private residences, provided the automobile is parked completely on private property.

(Ord., 1-18-2005; amd. 2007 Code; Ord. 25-01, 2-18-2025)

The total height of the building shall be measured as the vertical distance from the natural grade, as defined in section 9-2-1 of this title to the highest point of a flat roof or the deck line of mansard roof, or to a point midway between the lowest part of the eaves or cornice and the ridge of a hip or gable roof. In no case shall a mansard roof or the parapet wall of a flat roof extend more than thirteen inches (13") above the maximum height limitation in the zone. Roofs not fitting clearly any of the above three (3) classifications shall be classified by the planning commission in accordance with the roof it most clearly resembles. Roofs which drain to the center shall be considered as flat or mansard depending on their configuration. To allow for roof pitches and provide usable space within the structure, the following exceptions apply:

   A.   The ridge of a gable, hip, gambrel or similarly pitched roof may extend up to five feet (5') above the specified maximum height limit for the zone.

   B.   Antennas, chimneys, flues, vents or similar structures may extend up to ten feet (10') above the specified maximum height limit for the zone.

   C.   Water towers and mechanical equipment may extend up to five feet (5') above the specified maximum height limit.

   D.   Church spires, bell towers and like architectural features, may extend over the specified maximum height limit, but shall not contain any habitable spaces above the maximum zone height stated.

(Ord., 1-18-2005; amd. Ord. 20-02, 3-17-2020; Ord. 25-01, 2-18-2025)

Accessory dwelling units (ADUs) and internal accessory dwelling units (IADUs) may be a permitted or conditional use in various zones as designated in this title.

   A.   Purpose: The purposes of this section and any rules, regulations, standards and specifications adopted pursuant hereto are:

      1.   Minimal Impacts: Any request for single secondary living quarters or single accessory apartments such as basement, attic or garage apartments within residential dwellings must be reviewed and approved by the planning commission. The limit is one freestanding secondary living quarters or apartment per lot/dwelling. Secondary living quarters and accessory apartments within residential dwellings are permitted uses in all zones; however, the following criteria must be established prior to building permit issuance or the use shall become conditional:

   B.   Size: The maximum size for secondary living quarters shall be one thousand (1,000) square feet. This amount shall be included in the total building square footage calculations for all structures.

   C.   Parking: One on site parking space shall be provided in addition to the underlying parking requirements for the zone.

   D.   Single Utility Meters: The main dwelling and the secondary quarters shall be on the same utility meters.

   E.   Building And Fire Codes: The structure and/or improvements must meet international building code regulations as well as any fire codes in effect.

(Ord., 1-18-2005; amd. Ord. 25-01, 2-18-2025)

   A.   Policy:

      1.   Security Required:

         a.   In order to protect the town from the financial burdens resulting from damage to or increased maintenance costs for town facilities and infrastructure that may occur as a result of incomplete or inadequate site improvements on private construction projects or off site improvements performed by the developer as required by the town and as required through the market analysis and infrastructure impact review analysis processes as defined in chapter 1 of this title, it is the policy of the town to require that developers either complete all required on or off site improvements prior to occupancy, or if that is not possible, that adequate financial security for that completion, together with a right of entry to the property to complete that work, be granted to the town. It is specifically the intention of the town to require that storm drainage work, paving, curb and gutter, water and sewer facilities, soil retention structure, and landscaping as needed to control erosion, be completed according to standards adopted by the town, so that residents and taxpayers at large are not required to pay the costs of damage, repair or disproportionately increased maintenance for any of these facilities.

         b.   No plat will be approved, where required, and no certificate of occupancy granted, unless and until adequate financial security is posted in accordance with this section.

      2.   No Third Party Beneficiaries Intended: It is the intention of the town that this financial security given by the developer be limited to a contract between the town and the developer for the express purpose of providing for the protection of town facilities and elimination of conditions which could become public nuisances. It is not intended that this security be available for payment of subcontractors or material suppliers in the nature of a surety bond, or that the security provided become available to the purchasers of property to correct construction flaws or defects which are the fault of the developer. In no event will the funds be used for purposes other than those stated in this section and the time and manner of the expenditure, and prioritization of work performed shall rest in the sole discretion of the town.

   B.   Construction According To Approved Plans: All construction shall be completed according to the approved plans and specifications on which the building permits were issued. The approved plans shall also include the site improvements shown on the site plan. For purposes of this title, the term "site improvements" shall include all roads, sidewalks, curbs, gutters, drains, drainage works, grades, walls, landscaping, planting, paving, utility lines and related facilities, paths and trails, and similar improvements, as shown on the set of plans on which the final approval and building permits are based. "Off site improvements" shall refer to all facilities defined as "site improvements" in this subsection, above but off of the development parcel and required by the infrastructure impact review studies. These improvements will be constructed at the same time as the building development that required the improvements and will be constructed to town standards and approved, inspected and constructed under the authority of the town engineer or his/her representative. These two (2) types of improvements may be referred to collectively as "improvements". Deviations from the approved plans must be approved in advance by the town or its staff.

   C.   Security For Completion: No certificate of occupancy will be issued, nor any plat approved when plats are required by this title, unless the building and all required on and off site improvements are completed, or the developer has provided adequate security to guarantee timely completion of the improvements. When all of the improvements and the building cannot be completed simultaneously due to weather conditions or other factors beyond the control of the developer (excluding financial inability to complete the project), the town may grant plat approval for recording and/or issue certificates of occupancy for the project, provided the following conditions are met:

      1.   The building or buildings, or portions thereof, on the property to be platted or occupied have been constructed in accordance with the approved plans for those buildings, and are in full compliance with applicable building and fire codes, and are completed to the extent that only exterior site improvement work remains unfinished; and

      2.   The building official determines that occupancy of the buildings, or portions thereof, prior to completion of required site improvements is safe and that access for emergency vehicles is adequate with the site improvements unfinished; and

      3.   The developer posts adequate security for the benefit of the town to ensure completion of the site improvements in full compliance with the approved plans within one year from the date of plat approval (if required) or issuance of the certificate of occupancy, whichever occurs first.

   D.   Amount Of Security: The amount of the security to be posted by the developer shall be determined by the planning commission and/or town engineer and shall be equal to one hundred twenty five percent (125%) of the amount reasonably estimated by the town as being necessary to complete remaining on and off site improvements as shown on the approved plans. In the event that the developer disputes the cost estimate of the town, the developer may prove a lower construction cost by providing binding contracts between the developer and contractor or subcontractor appropriate to perform the required work at a stated, fixed price. These contracts must be supported by a one hundred percent (100%) performance bond, ensuring performance by the subcontractor or contractor. Bid proposals are not satisfactory for this purpose. If the contracts submitted are acceptable in form, the amount of security required shall be one hundred twenty five percent (125%) of the total contract price of all such contracts submitted, plus the estimated reasonable cost of performing any work not covered by the contracts. Specifications in such contracts shall be sufficiently clear to identify the work called for under the contract.

   E.   Terms Of Security: The terms of any security arrangement offered to the town shall state a date certain by which the developer agrees to have on and/or off site improvement work completed in accordance with the plans, and further provide that in the event that the developer has not completed required site improvement work by that date, the town may at its option and on its schedule, draw on the funds escrowed, or credit established, or such other security device by its own act, and shall not be required to obtain consent of developer to withdraw funds for completion of the work shown on approved plans. The town's actual costs in administering the completion of work in the event of a default by the developer shall be reimbursed from the escrow or other security arrangements in an acceptable and timely manner.

   F.   Form Of Security: Security arrangements offered in lieu of simultaneous completion at buildings and site improvements shall be in an amount fixed under the terms of subsection D of this section, and shall be in one or more of the following forms as approved by the town attorney:

      1.   An irrevocable letter of credit from a bank authorized to do business in the state, naming the town as the payee of funds drawn against that letter of credit and guaranteeing the availability of funds for one year; or

      2.   A deposit of cash with a third party escrow; or

      3.   An agreement with the construction lender providing that the lender will withhold funds in the construction loan in an amount equal to the amount calculated in subsection D of this section, and will disburse those funds only with the written consent of the town, and only for the completion of any required improvements. As improvement work is completed, the town will consent to the disbursement of the funds set aside by the lender.

      4.   Some combination of the above approved by the town.

   G.   Retainage: The amount in excess of the actual construction costs, but in no event more than twenty five percent (25%) of the actual construction cost, shall be held for a period of one year following final inspection and approval of the required on and/or off site improvement work by the town. No retainage shall be held for landscaping improvements once the installation of the required materials has been approved by the town. The retainage amount may be provided in any of the ways described in subsection F of this section. If the developer fails to provide new security instruments within thirty (30) days from the expiration of the security instruments provided for the initial construction under subsection F of this section, the town shall make a demand or draw on that security to the extent of the required retainage amount, and hold the proceeds in cash until and unless other adequate security, as provided in this title, is posted by the developer. Retainage will be used to replace or repair any site improvements which fail or appear to be defective during the one year retainage period. The corrective work may be done by the town or the developer. At the completion of that work, the retainage, or so much of it as remains, shall be released. Retainage amounts may be drawn and applied to any outstanding fees owed by the developer to the town; provided, that such fees are imposed by ordinance and the amount of the fees is not to be contested by the developer.

   H.   Modification Of Plans: A developer may, at its option, request modifications to plans covering on and/or off site improvement work by submitting revised plans to the town for review and action. Until the revised plans have received approval by the town, the developer shall be required to offer security, for the performance of the improvement work as shown on the last set of plans to have received town approval. Upon acceptance of revised plans by the town, the town shall release any cash, credit or other security held, which is in excess of one hundred twenty five percent (125%) of the completion cost (estimated) of work shown on the most recently revised plan. If the modification of the plan increases the cost of required improvements, additional security must be provided by the developer to cover the increased costs.

   I.   Payment Of Interest: Any interest accruing on escrowed funds shall, unless expended for completion of site improvements required, inure to the benefit of the developer upon release and not to the town, and the town shall not be required to pay interest to the developer on any funds escrowed for this purpose.

   J.   Detailed Improvement Plans And Specifications: Detailed on and/or off site improvement plans and specifications shall be presented, showing the location, design and nature of all streets, drainage, drainage works, utility pipelines, storage tanks, pumping systems and related facilities, grade changes, retaining walls and landscaping, together with any trails, paths or walkways that may be included or required under these or other provisions of the subdivision and master planned development code. All plans and supporting documentation must be approved by the town and/or its engineer before commencement of any work by the developer. The developer is responsible for all plan review fees that must be incurred by the town or its consultants.

   K.   Single-Family Homes: This provision shall apply to all construction in the town, including single-family homes, if improvements are required in the impact analysis; provided, however, that the amount of security required for single-family homes shall be the reasonably estimated cost to complete construction of any improvements and drainage works on a labor and materials basis, and the estimated cost to complete required landscaping (to the extent necessary to hold the soil in place and prevent erosion) on the basis of materials only.

   L.   Phased Projects And Concurrency: On and/or off site improvements applicable to each phase of a phased project or development shall be completed concurrently with the first phase of the project and appropriate securities shall be put in place to ensure that the total infrastructure is completed along with the first phase. Phasing of improvements may be allowed only under special circumstances as outlined by the planning commission and approved by the town council. If phasing is allowed, adequate security for completion of each phase must be provided to ensure that each phase of infrastructure is constructed and either platted or occupied.

(Ord., 1-18-2005; amd. Ord. 25-01, 2-18-2025)

All lots shall have a front, two (2) side and a rear setback, with the following exceptions and clarifications:

   A.   Development on corner lots shall have two (2) front setbacks. The rear yard will be the side of the property opposite the driveway access from the street. If it is not clear which boundary should border the rear yard, the owner or developer may specify which is the rear yard.

   B.   Lots with more than four (4) sides shall have a side yard on either side of the front yard. The third side yard and rear yard may be specified by the developer or owner.

   C.   Lots with three (3) sides will have a front setback, side setback and rear setback. In those cases where one is clearly opposite the front, the rear setback must be opposite the driveway. If it is not clear where side and rear setbacks should be, the developer or owner may choose which is side and which is rear.

   D.   On those lots which border a street on both the back and front, both sides must have a front setback.

   E.   Any lots which are not specified in this section shall have setbacks determined by the planning commission.

(Ord., 1-18-2005; amd. Ord. 25-01, 2-18-2025)

   Any project falling within the sensitive lands overlay zone or containing lands designated as sensitive by the planning commission and town council, may be subject to additional requirements and regulations as outlined in the sensitive lands regulations of chapter 10 of this title.

(Ord., 1-18-2005; amd. 2007 Code; Ord. 25-01, 2-18-2025)

A bed and breakfast inn shall be approved only in compliance with this title and the following:

   A.   The lot shall have at least thirty five feet (35') of frontage on a dedicated street.

   B.   One off street parking space shall be provided per employee, plus one space per guestroom. On street curbside parking may be used to satisfy this requirement at the rate of two (2) spaces per sixty feet (60') of lot frontage on a dedicated street.

   C.   Meals may be served to residents, employees, overnight lodgers and guests of overnight lodgers only. No cooking facilities shall be allowed in guestrooms.

   D.   Such use shall conform to all applicable health, safety and building codes and must be capable of such use without structural or site alteration which changes the residential character of the structure and yards.

   E.   No alcoholic beverages shall be sold on the premises.

   F.   No receptions, banquets or catering shall be permitted, other than for registered lodgers.

   G.   Any commercial use shall be incidental to the bed and breakfast use, i.e., gift shop, etc., and shall be limited to five percent (5%) of the total square foot area of the main floor of the building.

   H.   The dwelling must be at least fifty (50) years old or receive planning commission approval on a finding that, because of its existing or proposed prominent spatial location, contrasts of siting or scale, it is or would be an easily identifiable visual feature of its neighborhood or the agricultural and rural setting of the town, or contributes to the distinctive quality or identity of the town.

   I.   One identification sign not exceeding the area requirements for the respective zone in which the inn is located may be placed on an ornamental masonry wall, monument or structure that is unobtrusive and blends in well with the surrounding character of the neighborhood or building design. The freestanding sign shall not be higher than five feet (5'), unless the sign is located adjacent to an arterial road, in which case the height of the sign shall not exceed ten feet (10'). If illuminated, only hooded spot lighting is allowed, thus prohibiting back lighted signs. In any case, the sign must be approved by the planning commission prior to its construction.

   J.   No long term rental of rooms shall be permitted. The maximum stay for lodgers shall be seven (7) days.

   K.   A town business license shall be obtained as a condition of approval.

   L.   Supervision by an on site manager or owner shall be required on a twenty four (24) hour per day basis.

   M.   Care shall be taken to ensure that no exterior lighting shines directly into adjoining properties.

(Ord., 1-18-2005; amd. Ord. 20-02, 3-17-2020; Ord. 25-01, 2-18-2025)

Any application for a permit to maintain a liquor store or private club shall conform to the following additional conditions beyond those created by the planning commission and shall comply to all aspects of this title:

   A.   No liquor store or private club may be established within three hundred feet (300') of the nearest residential zone boundary line, measured in a straight line from the nearest entrance of the liquor or club outlet.

   B.   Liquor stores and private clubs shall locate on either collector or arterial streets as may be defined in the general plan.

   C.   Off street parking shall be provided at the rate of one space per one hundred (100) square feet of total floor space in the building for liquor stores or clubs.

   D.   A permit to maintain a liquor store or private club must be approved directly by the planning commission.

(Ord., 1-18-2005; amd. Ord. 20-02, 3-17-2020; Ord. 25-01, 2-18-2025)

   A.   "Family daycare" services, as defined in chapter 2 of this title, require a business license. The provider is limited to the number of children permitted by state law. The provider must reside in the residence where services are provided. The provider must receive a license from the state within sixty (60) days after approval by the town.

   B.   "Family group daycare" services, as defined in chapter 2 of this title, requires a city business license. The provider is limited to the number of children permitted by state law. The provider must reside in the residence where services are provided. The subject residence must conform to the international building code prior to operating the facility. The provider must receive a license from the state within sixty (60) days after approval by the town.

   C.   "Child daycare" or "childcare center", as defined in chapter 2 of this title, requires a city business license. All centers must comply with the international building code prior to occupancy and must receive a license from the state within sixty (60) days after approval by the town.

(Ord., 1-18-2005; amd. 2007 Code; Ord. 20-02, 3-17-2020; Ord. 25-01, 2-18-2025)

   A.   Purpose And Objectives: The following regulations are provided to accommodate those uses of land or buildings which are temporary in nature and are not therefore listed as regular permitted or conditional uses in any zone of the town. The character of these uses is such that proper conditions are required to protect adjacent properties and the general health, safety and welfare of the citizens of the town. Any building or structure which does not meet the requirements of this section shall be treated as a permanent land use and shall conform to all required standards of the building, health, fire, zoning and other similar codes.

   B.   Uses Allowed:

      1.   Uses allowed on a temporary basis in accordance with provisions of this section may include, but are not limited to, the following: carnivals, circuses, fireworks stands, fireworks displays, Christmas tree lots, promotional displays, tents for religious services, revivals, retreats, political rallies or campaign headquarters. Uses shall be allowed for not more than forty five (45) days' duration and shall not be allowed in the sensitive lands overlay zones.

      2.   A temporary use permit shall not be required for a garage sale; provided, that the garage sale shall not operate for more than a total of five (5) days in any calendar year, and shall be conducted by bona fide residents of the premises. Goods for sale shall consist of personal belongings of the residents. Goods offered for sale shall not be placed over a public sidewalk or in a public right of way.

   C.   Prior Approval Required: Prior to the establishment of any of the above uses, or any qualifying temporary use (except fireworks stands or fireworks displays, permits for which shall be administered by the fire department), a temporary use permit must be obtained from the planning commission with any conditions specified on the permit as required by the town. Specific conditions may be required of the applicant and compliance to the conditions and the international building code, if applicable, shall become necessary to the granting, continuance or administration of the permit. Any application for such permit shall meet any necessary requirements of this title and this section, and shall be made by the property owner or his/her authorized agent. The granting of said permit shall require the following findings:

      1.   The conduct of the requested use will not have any detrimental effects on adjacent properties and will be in general harmony with surrounding uses.

      2.   The requested use will not create excessive traffic or parking hazards on adjacent streets and that traffic control, if necessary, shall be provided at the expense of the applicant.

      3.   The applicant shall have sufficient liability insurance for the requested use or event.

   D.   Standards And Requirements: A temporary use established under the provisions of this section shall conform to the following standards and requirements:

      1.   Any structure requiring sanitary facilities by building, fire, health or other similar codes shall be located on the same lot as a host structure unless independent water and sewer service is provided to the temporary structure. Where such codes require sanitary facilities, they may be provided by a host structure; provided, that there is:

         a.   No preparation of any food on the premises;

         b.   No indoor seating of patrons;

         c.   Written evidence that a host structure will provide permanent sanitary facilities for any employees and that such facilities are conveniently located not more than three hundred feet (300') from the structure and will be accessible during all periods of operation of the use;

         d.   Written evidence from the town or county health department that all food will be prepared and delivered from an approved commissary and that all waste resulting from the operation of the use will be properly disposed.

      2.   The minimum required parking shall be two (2) spaces, except that a reasonable number of additional parking places may be required. Such parking shall not have the effect of decreasing any existing parking that is required for any other use existing on the site. All parking shall meet the standards for off street parking as specified in this chapter, except that required parking may be provided on a gravel rather than a concrete or asphalt cement surface.

      3.   The layout of the proposed use shall be compatible with the access, parking, circulation and other significant elements of any other uses or structures existing on the site.

      4.   All structures shall be securely anchored to the ground at not less than four (4) points as directed by the building official or town engineer.

      5.   The right to occupy the site shall be secured by a written agreement with the owner of the parcel and the owner of any host structures. Said agreement shall address the question of use of restroom facilities by employees, responsibility for maintenance and restoration of the site upon termination of the use. A copy of the proposed agreement shall be part of the application.

      6.   Approval for each temporary use permit shall bear an expiration date based upon the nature of the use. In no case shall approval be given for a period exceeding forty five (45) days. Garage sales need not obtain a temporary use permit, but shall not operate the sale for a period exceeding five (5) days in any calendar year, and shall be conducted by bona fide residents or lessors of the premises. Goods for sale shall consist of household type items used by residents of the premises. If any temporary structure becomes vacant prior to the expiration of the permit, it shall be removed within fifteen (15) days of the vacancy.

      7.   The landowner of the parcel shall provide a cash bond for the restoration of the site of said use to its original condition, including cleanup, replacement of facilities, and removal of any structures according to the following schedule:

         a.   Circus, carnival or related uses: One thousand dollars ($1,000.00).

         b.   All other temporary uses: Three hundred dollars ($300.00).

   E.   Action On Application: A use meeting the requirements stated above shall be approved and a use not meeting the requirements stated above shall be denied, or may be approved with appropriate conditions to assure that the use will be compatible with and will not pose any detriment to persons or property. Said conditions may include a limitation upon hours of operation and/or a time limitation which is less than the maximum established by this section.

   F.   Revocation Of Permit: A permit may be revoked in the event of a violation of any of the provisions of this section or the conditions set forth in the temporary use permit.

   G.   Business License Required: A temporary use permit is not a business license and the granting of said permit shall not relieve the permittee of any other license requirement of the town or any other public agency.

   H.   Fees: In order to offset a portion of the costs incurred by the town in processing temporary use permits, a fee may be charged as established by the town in its fee and/or rate resolutions as may be applicable at the time.

   I.   Christmas Tree Sales; Permit:

      1.   It shall be unlawful for any person to sell or offer for sale in the town, any cut fir, evergreen or Christmas tree, without a permit, except when the permit requirement is specifically waived by the planning commission.

      2.   A permit to sell cut fir, evergreen or Christmas trees shall be obtained as otherwise described in this section. The permit required by this section shall allow tree sales for a period of forty five (45) days ending December 25 of the year in which the permit is issued. The fee charged for the permit described in this section shall be in lieu of a business license fee; provided, however, that no fee shall be charged for the permit required by this section if:

         a.   The applicant possesses a business license for which the applicable fee, if any, has been paid; and

         b.   The applicant complies with the provisions of this section, except for the payment of a permit fee; and

         c.   The applicant provides documentation showing that the trees to be sold have been lawfully cut, and are owned by the applicant.

   J.   Town Celebrations Or Events: Any town sponsored celebrations or special events of a temporary nature, including, but not limited to, the annual Fourth of July celebration, is exempt from the requirements of obtaining a temporary use permit as described by this section.

(Ord., 1-18-2005; amd. Ord. 20-02, 3-17-2020; Ord. 25-01, 2-18-2025)

   A.   General Requirements: There shall be provided and maintained at the time of erection of any main building or structure off street parking space with adequate provisions for ingress and egress by standard sized vehicles as hereinafter set forth. Such parking space shall be located on the same lot as the building it is to serve. No parking shall back directly onto any street.

   B.   Remodeling Or Enlargement Of Buildings: Whenever existing buildings are enlarged or increased in capacity, or a change in use occurs, additional off street parking spaces shall be provided which will meet the requirements applying to such enlargement or change in use.

   C.   Quantity Of Parking Spaces: The number of parking spaces for uses not specified herein shall be determined by the planning commission being guided where appropriate by the regulations set forth herein and table 9-3-28, subsection K of this section, for uses of buildings which are similar to the use or building under consideration.

   D.   Setback Exclusions And Conflicts: In a residential zone, no part of any private or public parking lot shall be located in a setback adjacent to a street, except under the following circumstances:

      1.   A parking lot may be approved in the portion of a front setback area which is outside the area formed by two (2) lines which extend from the outermost dimensions of the building perpendicular to the property line adjacent to the street, provided there is a minimum of ten feet (10') of landscaping adjacent to the street, there is a total of at least thirty feet (30') of landscaping between the street and the building, and the landscaping plan is approved by the planning commission.

      2.   A parking lot may be approved in any portion of a front setback area, provided there is a minimum of ten feet (10') of landscaping adjacent to the street, there is a total of at least thirty feet (30') of landscaping between the street and the building, and the landscaping plan is approved by the planning commission.

      3.   A parking lot may be approved in the area of a side setback facing a street, provided there is a minimum of ten feet (10') of landscaping adjacent to the street, there is a total of twenty feet (20') of landscaping between the street and the building, and the landscaping plan is approved by the planning commission.

      4.   In cases where there is a unique lot configuration, or an existing structure that the applicant is remodeling, or when it is necessary to change the parking requirements, the appeal authority may, upon appeal of the applicant, consider lowering the landscaping requirements immediately adjacent to an arterial street, providing such variance does not create increased unreasonable hazards to the health, safety and general welfare of the residents in the area.

   E.   Landscaping: In reviewing the landscape plans, the planning commission shall consider the location, number, size and type of plants, the method of irrigation to be used and other similar factors.

   F.   Conversion Of Parking To Other Uses: Space allocated to comply with these regulations shall not be used later for additional structures or uses unless other space so complying is provided.

   G.   Area Of Spaces: For the purpose of this chapter, a space of not less than eight and one-half feet by twenty feet (8½' x 20') of lot area with access to public streets by standard sized automobiles shall be deemed to be parking space for one vehicle.

   H.   Mixed Or Combined Parking Uses: In the case of mixed uses on the same site, the amount of off street parking spaces required shall be the sum of the parking required under this section for the principal use, together with a reasonable amount for all accessory uses. Said reasonable amount shall be determined in light of the uses, location and circumstances of the building or structure and in consideration of the provisions of this title.

   I.   Parking Surfaces: All required parking areas shall be surfaced with either concrete or bituminous asphalt as approved as to specifications by the town engineer.

   J.   Parking Vehicles On Vacant Lots: It shall be unlawful for the owner of a motor vehicle to park it or allow it to be parked on the property of another person for the purpose of displaying it for sale, unless the person upon whose property it is parked or the lessee of such property has a town business license to engage in the business of selling motor vehicles at that location. It shall also be unlawful for the owner or lessee of such property to allow another person to park a motor vehicle on the property for the purpose of displaying it for sale unless such owner or lessee has a business license to engage in the business of selling motor vehicles at that location.

   K.   Specific Requirements By Use: Minimum on site and off street parking spaces for individual or similar uses shall be provided for in accordance with table 9-3-28 as follows and as interpreted by the planning commission for uses not specific to those listed in the following table. Note that SLU means standard land use codes, and corresponding codes may be found in appendix A to this title, which is on file in the city office:

 

(Ord., 1-18-2005; amd. Ord. 20-02, 3-17-2020; Ord. 25-01, 2-18-2025)

   A.   General Requirements: The following general requirements shall apply to all signs and outdoor advertising structures which may be erected or maintained within the town.

      1.   Sign Approval: Except as otherwise provided, it shall be unlawful and a class C misdemeanor, subject to penalty as provided in section 1-4-1 of this code, to erect or maintain any sign or outdoor advertising structure in the town without first obtaining the approval of the planning commission for said sign or advertising structure, the giving of which shall be based upon the provisions of this section. Said approval shall not be required for temporary nonelectrical wall and nonelectrical freestanding signs of less than thirty two (32) square feet in area. (Examples of signs not requiring planning commission approval are real estate "for sale" signs and election campaign signs.)

      2.   Permits: The approval of the planning commission shall be evidenced by a permit issued by the building official. All signs shall be constructed and all permits shall be in accordance with the provisions of the international building code. All standards in this section are minimum standards, greater restrictions or limitations may be imposed by the planning commission. Permits for off premises nonconforming signs shall be renewed on an annual basis. Applications for permits, or for the renewal of permits, shall require the applicant to disclose the owner of the sign and the owner of the property on which the sign is or will be located, all relevant dates in regard to expiration of any lease or lease option, the date and cost of construction of the sign, the date and cost of any modification of the sign, the fair market value as appraised for property tax purposes, the date the sign will be depreciated for federal income tax purposes, the cost of operating the sign, and any other information reasonably required by the planning commission. A permit may be revoked and a sign removed pursuant to subsection A7 of this section if the applicant for a permit makes a false or misleading statement in the permit application or renewal.

      3.   Animated Signs: Flashing or rotating signs may be allowed in business (B) and retail (RT2) zones with appropriate conditions. Flashing shall be limited to sequential, chasing or subdued color change. No intense strobe type flashing will be permitted. Rotation shall be limited to eight (8) revolutions per minute; provided, however, that the lights described above may not be used within five hundred feet (500') of a residence, apartment, hotel or other residential structure.

      4.   Sound Or Emissions: No sign shall be designed for the purpose of emitting sound, smoke or steam.

      5.   Movable, Freestanding Signs: Movable, freestanding signs are acceptable for a thirty (30) day period.

      6.   Canopy Signs: Signs painted on or affixed to canopies which are part of the building shall be considered part of the total allowed area of wall signs for the walls from which the canopy projects. Signs painted on or affixed to canopies which are freestanding shall be considered part of the total allowable area of freestanding signs for that use. Signs suspended under canopies (marquees) which project over public rights of way shall be limited to six (6) square feet.

      7.   Violations:

         a.   It is unlawful to erect or maintain a sign contrary to the provisions of this section. If a sign is erected or maintained in violation of this section, the planning commission may do the following:

            (1)   Order the defect corrected within a fixed period of time, not exceeding thirty (30) days, if correction of the defect will bring the subject sign into compliance with the provisions of this section; but

            (2)   If correction of the defect will result in a violation of the provisions of this section, order that the subject sign be removed by, and at the expense of, the owner of the sign, within a fixed period of time not exceeding thirty (30) days.

         b.   If the owner of the sign contests the order of the planning commission, the remedy shall be an appeal to the board of adjustment, which appeal shall be taken in the time and manner otherwise provided in this title for appeals to the board of adjustment. If the owner of the sign fails or refuses to remove the subject sign at the order of the planning commission, the town may remove the sign at any time after the owner thereof exhausts his or her administrative remedies in relation thereto, unless otherwise ordered by a court of law. Removal by the town shall be at the expense of the owner, and the town may obtain judgment against the owner in an amount equal thereto, together with reasonable attorney fees and costs.

   B.   Signs On Premises: Except as provided within the provisions of respective zoning districts, and unless otherwise expressly provided in this section, no sign shall be permitted which is not used exclusively to advertise the ownership, sale or lease of property upon which said sign is placed, or to advertise a business conducted, services rendered, goods produced or sold upon such premises, or to advertise or identify any other lawful activity conducted upon such premises.

   C.   Exceptions: This chapter shall have no application to signs used exclusively for:

      1.   The display of official notices used by any court or public body or official, or the posting of notices by any public officer in the performance of a duty, or by any person giving legal notice.

      2.   Directional, warning or information signs of a public or semipublic nature, directed and maintained by an official body or public utility.

      3.   Barber poles not to exceed six feet (6') in height located on private property and bearing no advertising copy or message.

      4.   Any sign of a noncommercial nature when used to protect the health, safety or welfare of the general public.

      5.   Any official flag, pennant or insignia of any nation, state, city, town or other political unit.

      6.   Time and temperature signs and elements of commercial signs which convey only time, temperature or weather conditions.

   D.   Location Standards: All signs and outdoor advertising structures shall comply with the following location requirements:

      1.   Fire Escapes: No sign shall be erected in such a manner that any portion of the sign or its support will interfere with the use of any fire escape, exit or standpipe, or obstruct any required stairway, door, ventilator or window.

      2.   Traffic: No freestanding or projecting sign shall be erected at any intersection improved for vehicular traffic within a triangular area formed by the property lines and their projections and a line connecting them at points twenty five feet (25') from the intersections of the projecting property lines; unless the sign in its entirety is less than three feet (3'), or more than eight feet (8') above the curb grade, no part of its means or support has a single or joined horizontal dimension exceeding twelve inches (12"), or said sign is within an area in which a building or structure is permitted by the provisions of the respective zone.

      3.   Utility Lines: No sign shall be erected or maintained which has less horizontal or vertical clearance from communication lines and energized electrical power lines than that prescribed by the laws of the state or rules and regulations duly promulgated by agencies thereof.

      4.   Clearance: No sign shall be erected in such a manner that any portion of the sign or its support will extend over a public or private walkway with a minimum clearance of less than ten feet (10').

   E.   Special Purpose Signs: In addition to any other permitted signs, signs for special purposes set forth in this subsection shall be permitted as provided herein:

      1.   For Sale, Rent Or Lease Signs: In all zoning districts, signs may be erected to advertise the sale, rent or lease of property upon which said signs are placed. Said signs shall be limited to one sign per street face, unless otherwise provided by the zoning provisions, and shall not exceed an area of six (6) square feet in residential zones or thirty two (32) square feet in nonresidential zoning districts. Said signs shall be exempt from project plan approval.

      2.   Directory Signs: In all districts where group occupancies in office buildings, commercial buildings or industrial buildings are permitted, directory signs may be erected displaying the names of occupants of a building who are engaged in a particular profession, business or industrial pursuit. Said sign shall be situated at least two feet (2') inside the property line and shall not exceed ten feet (10') in height. Said sign shall not exceed an area of fifty (50) square feet and shall not be placed within a clear vision area of a corner lot as set forth in this section.

      3.   Construction Project Signs: Signs may be erected in conjunction with construction projects and used for the purpose of publicizing the future occupants of the building; architects, engineers and construction organizations participating in the project; and such other information as may be approved by the planning commission. In residential districts, no such sign shall exceed thirty two (32) square feet in area. In other districts, no such sign shall exceed an area of sixty four (64) square feet, and no freestanding sign shall exceed twelve feet (12') in height. All such signs shall be removed before a final inspection is granted by the building inspector or an occupancy permit is issued.

      4.   On/Off Site Directional Signs: Directional signs may be erected for the purpose of facilitating or controlling the efficient or safe movement of pedestrians or vehicles on or into private property and shall be located on the properties to which they pertain. No such sign shall exceed six (6) square feet.

      5.   Open House Signs: Open house signs advertising real estate open for inspection for a prospective sale may be placed on private property in all districts with the consent of the owner, lessee or occupant. Such signs may state the name of the person or firm sponsoring the open house. Such signs shall not exceed six (6) square feet.

      6.   Church, Quasi-Public Organizations And Apartment House Identification Signs: In all districts, a church or quasi-public organization may erect one wall sign on the premises to identify the name of the organization and announce activities thereof. Apartment houses of five (5) or more dwelling units may erect one sign on the premises to identify only the name of the apartment complex and to indicate a vacancy. Said wall sign shall not exceed an area of twenty five (25) square feet, and may be mounted upon a freestanding, ornamental masonry, wood or stone wall.

      7.   Bus Bench Signs: In all zones, one bus bench sign may be installed at each bona fide bus stop along a public transit route, provided the owners of said benches are authorized to operate in the town and advertising on said benches does not exceed an area of twenty (20) square feet each.

      8.   Development Promotional And Directional Signs: One development promotional sign may be placed on the premises of each subdivision, master planned development or condominium project having four (4) or more lots or approved dwelling units. Said promotional sign may have an area of thirty two (32) square feet. A second development promotional sign may be placed on the premises of each subdivision, planned development or condominium project having two (2) or more separate, major points of access and having fifty (50) or more lots or approved dwelling units. Said promotional sign may have an area of thirty two (32) square feet. In addition, two (2) directional signs may be located off site to contain only the name and direction of any subdivision or master planned development. Said signs may have a maximum area of twelve (12) square feet each and shall not be located in the right of way of any public street. All of the signs in this subsection shall be removed not later than thirty (30) days following the sale of all lots or dwelling units in said development, and before a final inspection is granted by the building inspector.

      9.   Nameplates: One nameplate or marker shall be allowed for each dwelling to indicate only the occupant's name. Said nameplate shall not exceed two (2) square feet in area, and shall not contain an occupation designation.

   F.   Classification Of Signs: Every sign erected or proposed to be erected within the town shall be classified by the planning commission in accordance with the definitions of signs contained in this section. Any sign which does not clearly fall within one of the classifications shall be placed in the classification which the sign, in view of its design, location and purpose, most clearly approximates, in the opinion of the planning commission.

   G.   Agricultural And Residential Zones: No sign shall be erected in any agricultural or any residential zones except as provided within the provisions of the respective zoning districts as established in this title, except that certain special purpose signs may be erected in all zones in compliance with the provisions of subsection E of this section.

   H.   Commercial Zones: For each place of business or occupancy within a commercial zone, the following types of signs shall be permitted in conformance with the standards set forth:

      1.   Freestanding Signs Under Five Feet (5') In Height: Appurtenant freestanding signs five feet (5') or less in height shall meet the following requirements:

         a.   Area: Area shall not exceed fifty (50) square feet.

         b.   Number: There may be one such sign for each frontage of the property, plus one additional sign for each one hundred foot (100') increment of said frontage in excess of two hundred feet (200'). Said signs shall be placed no closer than fifty feet (50') apart. In the case of a parcel of property having multiple occupancies with a common frontage, the frontage shall be deemed to be that of the entire commonly used parcel of property and not the frontage of the individual business or occupancies.

      2.   Freestanding Signs Over Five Feet (5') In Height: Appurtenant, freestanding signs over five feet (5') in height shall comply with the following provisions:

         a.   Area: Shall not exceed one hundred (100) square feet.

         b.   Number: There may be one such sign on each street frontage and one additional sign for any portion of each such frontage in excess of three hundred feet (300').

         c.   Height: No such sign shall exceed fifteen feet (15') in height.

         d.   Projection: No such sign shall project over a property line, nor more than five feet (5') into any required front yard.

      3.   Wall Signs And Painted Wall Signs: Except as otherwise provided in this section, every wall sign and painted wall sign in a commercial zone shall comply with the following requirements:

         a.   Area: The maximum area shall not exceed twenty five percent (25%) of the wall on which the sign is painted or mounted.

         b.   Number: There may be two (2) such signs for each building face, the size to be determined by the planning commission. No building shall be deemed to have more than four (4) building faces.

         c.   Height: No part of any such sign shall extend above the top level of the wall upon, or in front of, which it is situated.

         d.   Projection: No such sign, including any light box or structural part, shall project more than eighteen inches (18") from the face of the part of the building to which it is attached. No copy is permitted on the sides of any such sign.

      4.   Roof Signs: Roof signs in commercial zones shall comply with the following requirements:

         a.   Area: The area of a roof sign shall not exceed twenty five percent (25%) of the wall face area under the roof in the direction the sign is facing, or one hundred (100) square feet, whichever is less.

         b.   Number: There shall be no more than one such sign for the roof of each business establishment.

         c.   Height: No part of any such sign shall extend more than five feet (5') above the highest point of the roof.

         d.   Projection: No part of any such sign shall project beyond the front line of the building.

         e.   Support: No roof sign shall be erected in such a manner that there is any visible support.

         f.   Animation: No part of any such sign shall have any animation.

   I.   Business (B) Zone: Signs permitted in the business (B) zone shall include freestanding signs under five feet (5'), and wall signs and painted wall signs, all in conformance with the following provisions:

      1.   Freestanding Signs Under Five Feet In Height: Freestanding signs under five feet (5') in height may be permitted in any business (B) zone in conformance with the following:

         a.   Area: The maximum area shall not exceed one hundred (100) square feet.

         b.   Number: There may be one such sign for each parcel of land in the business (B) zone.

         c.   Height: The maximum height of such sign shall be five feet (5').

      2.   Wall Signs And Painted Wall Signs: Wall signs and painted wall signs may be created in any business (B) zone as follows:

         a.   Area: Sign area shall not exceed twenty five percent (25%) of the wall on which the sign is painted or mounted.

         b.   Number: There shall be one such sign only on each face of the building which fronts upon a public street.

         c.   Height: No part of any such sign shall project above the wall or building face upon which it is mounted or painted.

         d.   Projection: No such sign, including any light box or structural part, shall project more than eighteen inches (18") from the face of the part of the building to which it is attached. No copy is permitted on the sides of any such sign.

   J.   Other Zones: For those zoning districts which do not have sign regulations as a part of the zone provisions, and for those which are not readily placed into classifications referred to in preceding subsections, the planning commission shall classify said zones as either: residential, agricultural, retail or business zones, depending upon the similarity of the characteristics and permitted uses of said zone to those already classified. When such a classification has been made by the planning commission, the sign provisions applying to the respective classification shall apply to said zones.

   K.   Off Premises Advertising Structures:

      1.   Prohibition Of New Off Premises Signs: Except for off premises public information and logo signs meeting the size, shape, color and other requirements described in subsection K2 of this section, no permits shall be issued for the construction of off premises signs or outdoor advertising structures. All lawfully existing off premises signs and outdoor advertising structures are nonconforming uses in all zones of the town.

      2.   Public Information And Logo Signs: Off premises public information signs are permitted pursuant to this subsection for the purpose of directing the traveling public to points of interest, historical sites and other locations of interest, approved as such by the planning commission. Specifications for off premises information signs are set forth in the "Manual Of Uniform Traffic Control Devices", as adopted by the town and all such signs shall comply with these specifications. Off premises "logo" signs are permitted under this section for the purpose of directing the traveling and general public to business establishments which provide lodging, food, camping, gas or other services. Identified by the state department of transportation as the logo sign program, these signs shall comply with the following regulations:

         a.   Logo Sign Program: In constructing and maintaining a logo sign program of signs, the owner and installation contractor shall comply with and adhere to all applicable state and federal laws and regulations, and to UDOT policy and procedure. All signs that will be placed within the town, must be approved by the town planning commission prior to installation.

         b.   Logo Structures: All logo structures shall conform to specifications as shown in the state department of transportation approved drawings or must be approved by the planning commission. Directional signs shall not exceed forty two inches by forty eight inches (42" x 48") in size and accommodate no more than two (2) businesses.

         c.   Placement: Placement of logo signs within the town shall follow the guidelines outlined in any applicable contracts with the state department of transportation. Contractors shall obtain the necessary approval and permits from the town.

         d.   Height: No sign shall exceed twelve feet (12') from ground level.

         e.   Offset: In general, the offset (location) of the sign shall be set back equal to existing signage in the right of way. If no other signage exists, offsets shall be no less than eight feet (8'). All locations must be reviewed and approved by the town for traffic safety.

         f.   Design: Business logo sign design shall consist of the business name, trademark or symbol, provided it does not resemble any traffic sign, symbol or device. The business symbol, name, etc., must be consistent on all business signs for that business. Business logos will contain no supplemental advertising and be uniform in size. The size of the logo plates shall be eighteen inches by twenty four inches (18" x 24").

         g.   Number: There may not be more than one directional sign per type (camping, gas, lodging, food, etc.) per each location.

         h.   Removal: If any business which is participating in logo sign program closes, the logo for said business must be removed within fifteen (15) days from closure of said business. If said signs are declared to be a traffic hazard, they must be removed as determined by the town engineer. Failure to remove the sign within the fifteen (15) day period shall be unlawful, the sign shall be a nuisance, and the sign thereafter may be removed by the town and the expense of removal charged to the owner.

      3.   Acquisition Of Interests: The town may acquire title to off premises nonconforming signs or outdoor advertising structures by gift, purchase agreement, exchange or eminent domain, and shall have the right to amortize off premises nonconforming signs as permitted by state or federal law.

   L.   Nonconforming Signs:

      1.   On Premises Signs: All on premises or appurtenant signs which have been made nonconforming by the adoption of provisions contained within this title shall be subject to the following regulations:

         a.   Unsafe Signs: Any sign or portion thereof declared unsafe by a proper public authority must be restored to a safe condition or removed within thirty (30) days of mailing or otherwise given notice of the unsafe condition.

         b.   Alterations: A nonconforming sign shall not be reconstructed, raised, moved, placed, extended or enlarged unless said sign is changed so as to conform to all provisions of this title. Alterations shall also mean changing of the text or message that the sign is conveying from one use of the premises to another use of the premises, and the changing of the ownership of the sign when that ownership necessitates a change in the text or message of the sign. Alterations shall not be interpreted to include changing the text or copy on off premises advertising signs, theater signs, outdoor billboards or other similar signs which are designed to accommodate changeable copy.

         c.   Restoration: Nonconforming signs which have been allowed to deteriorate or which have been damaged by fire, explosion, act of God, act of a public enemy, or damaged by any other cause, to the extent of more than sixty percent (60%) of its assessed value shall, if repaired or rebuilt, be repaired or rebuilt in conformity with the regulations of this title or shall be removed.

      2.   Off Premises Signs: All off premises signs which are made nonconforming uses by the provisions of this title shall be subject to the following:

         a.   Unsafe Signs: Any sign or portion thereof found or declared unsafe in a manner provided by law, which may be repaired without violating subsection L2b of this section, must be restored to a safe condition within thirty (30) days after the owner is given notice of the unsafe condition. Any sign not repaired as required and permitted by this subsection is unlawfully maintained and subject to the provisions of this subsection.

         b.   Alterations: All off premises signs and their supporting structures shall be kept in good appearance and condition with normal maintenance and repair (example: painting), but it shall be unlawful to reconstruct, raise, move, place, extend or enlarge such signs or the structure supporting such signs. Any sign altered contrary to the provisions of this subsection is unlawfully maintained and subject to the provisions of this subsection.

         c.   Deterioration And Abandonment: A nonconforming off premises sign or sign structure that ceases to be used for sign purposes for a period of one year shall be deemed abandoned on the grounds that: 1) the nonconforming use has been abandoned; 2) the nonconforming use has substantially changed; and/or 3) such other grounds as may be appropriate. Any sign or sign structure which is abandoned or in an unreasonable state of repair is unlawfully maintained and subject to immediate revocation of its permit and removal pursuant to the provisions of this title.

         d.   Termination Of Nonconforming Signs: Except where preempted by federal law, a sign permit for an existing off premises nonconforming sign shall terminate and the sign shall be removed pursuant to the provisions of this title on the date the owner of the sign has been able to recover or amortize the fair market value of the sign pursuant to state law. Using relevant information, including, but not limited to, information provided by the sign owner in the sign permit application, relevant aesthetic and traffic engineering information, and amortization periods used by other jurisdictions, the town may establish an amortization period and condemnation value for each nonconforming sign as of March 14, 1995, that balances the harm to the owner against the public good, without imposing an undue burden upon the owner. The amortization value may not be less than the condemnation value, but no more, and shall take into consideration the cost of operation to the owner over the amortization period. A sign maintained after expiration of the related permit, as described in this subsection, is unlawfully maintained and subject to revocation of its permit and removal.

   M.   Definitions: The following words and phrases, whenever used in this title, shall be construed as defined in this section:

   FREESTANDING SIGN: Any sign that is standing on or erected into the ground. Such signs are usually, but not necessarily, supported from the ground by one or more poles or posts or similar uprights, with or without braces. Any sign which is mounted into the ground, but has the supports passing through any portion of the roof of a building or structure, shall be considered to be a roof sign.

   PROPERTY: Land or real estate, with or without structures; not goods or services.

   WALL SIGN: Any sign posted or painted upon, suspended from or otherwise affixed to a wall, fascia, canopy or marquee in an essentially vertical position, or with exposed face of the sign in a place approximately parallel with the wall or fascia upon which it is attached.

   WIND SIGN: Any propeller, whirligig or similar commercial device which is designed to flutter, rotate or display other movement under the influence of wind. This definition shall not include pennants, flags or banners.

(Ord., 1-18-2005; amd. 2007 Code; Ord. 25-01, 2-18-2025)

   A.   Scope Of Regulations:

      1.   The town council and planning commission, which advises the town council on zoning matters, have determined that the various aspects of architectural design have a significant impact on the character and value of the town's rural agricultural neighborhoods and business districts, and that preserving and enhancing this character requires the existence of a certain harmony and compatibility in these aspects, from one building to the next and throughout the particular neighborhood or district. They have also determined that preserving and enhancing the visual character of certain entryways to the town, and areas of unique historical and/or architectural significance, furthers the economic and cultural well being of the community.

      2.   These minimum design standards address valuable design relationships and site planning principles. They are standards that could apply to any area of the town. However, the requirements of this section shall only apply to areas of the town for which the design review process has been designated by the planning commission and town council. How they apply in any given district or zone will depend on the characteristics of that particular area. To that end, the town council and planning commission will adopt, from time to time, district guidelines based on existing design characteristics and needs commonly observed in those districts and/or zones. Those specific guidelines shall be referenced in the particular zone for which the design review process has been designated.

      3.   The intent of these standards is to identify a range of design options which will encourage development compatible with the existing character of a district and which will discourage introduction of incompatible features. If the planning commission wishes, they may recommend to the town council that a design review committee be formed to assist the planning commission in the administering of this section.

   B.   Design Review Committee:

      1.   In accordance with the duties and powers of the planning commission outlined in chapter 4 of this title, the planning commission may recommend persons to serve on a design review committee when one is needed to help implement this section. Those recommended shall be representative of the following groups: the planning commission, the staff, design professionals, development community, and property owners from the affected district. Members of the committee shall be appointed by the mayor, with the advice and consent of the town council. The design review committee shall organize bylaws or administrative procedures and operate under the authority of this section. The committee may adopt design standards as appropriate that meet those guidelines or enhance upon those listed below. The committee shall meet at such times and places and as often as they or the planning commission shall deem necessary to review the applications.

      2.   The administrative procedures adopted shall apply to all requests for a certificate of appropriateness. For purposes of these procedures, the design review committee shall be considered staff to the planning commission. Unless the planning commission shall otherwise direct, an applicant for a certificate of appropriateness may in writing consent to the committee's recommendation and waive further design action by the planning commission. If the applicant waives further action by the planning commission, the committee recommendation shall be considered approved by the planning commission and the certificate of appropriateness may be issued. Any appeal from the committee's decision shall be reviewed by the full planning commission. If necessary, the decision of the commission may then be appealed to the board of adjustment, and ultimately to the courts.

   C.   Types Of Certificates Of Appropriateness: The planning commission and its design review committee will be reviewing five (5) different kinds of "construction" activity that need certificates of appropriateness, and each kind will need a slightly different application of the guidelines below and additional standards as may be adopted:

      1.   For the construction of new buildings and parts of buildings, the focus of the guidelines is on the compatibility of new construction with the existing character of the district without dictating style or taste.

      2.   For reconstruction, remodeling and repair of existing structures, the guidelines seek to guide and encourage rehabilitation in line with the original character of the structure.

      3.   For relocation of buildings to sites within the district, the guidelines seek to ensure that buildings moved to sites within the district are compatible with the surrounding buildings and are suitably situated on the lot.

      4.   For the demolition or removal of all or parts of existing buildings, the focus of the guidelines is to find feasible alternatives to the demolition, or at least compatible replacement.

      5.   For sign permits, the guidelines seek to ensure that the sign is designed as an integral architectural element of the building and site to which it relates and is compatible with the overall character of the district.

   D.   Harmony Of Design Guidelines:

      1.   To preserve the design character of the existing development, to protect the rural, countryside visual pattern of the community, and to promote harmony in the visual relationships and transitions between new and older buildings, new buildings should be made sympathetic to scale, form and proportion of existing development. This can be done by repeating building lines and surface treatment and by requiring some uniformity of detail, scale, proportion, textures, materials, color and building form.

      2.   The use of unusual shapes, color and other characteristics that cause new buildings to call excessive attention to themselves and create a jarring disharmony shall be avoided, or reserved for structures of broad public significance.

      3.   The height and bulk of new buildings shall be related to the prevailing scale of development to avoid overwhelming or dominating existing development.

      4.   Building additions should be designed to reflect existing buildings in scale, materials and color. Facade renovations should include as few different materials as possible.

      5.   The architectural style of new or redeveloped structures shall be compatible with the predominant architectural themes of the district. Contemporary design for new buildings in old neighborhoods and additions to existing buildings or landscaping should be discouraged if such design is not compatible with the size, scale, color, material and character of the neighborhood, building or its environment. Rural, agricultural or mountain type living designs should be implemented whenever possible.

      6.   Adjacent buildings of different architectural styles shall be made compatible by such means as materials, rhythm, color, repetition of certain plant varieties, screens, sight breaks, etc.

      7.   The construction of additions to existing buildings should be generally discouraged in yards adjoining public streets and should instead be confined to side and rear yards which are generally out of public view.

      8.   To preserve the continuity prevailing along each block face, the orientation of the building's principal facade shall complement that of the majority of buildings in the same block face (either parallel or perpendicular to the street).

      9.   The open expanse of front lawns or meadows/open spaces and the quantities of planting within them of new or redeveloped structures shall be comparable to that of existing structures.

   E.   Building Details:

      1.   Rehabilitation work should not destroy the distinguishing qualities or character of the property and its environment. The removal or alteration of architectural features should be held to the minimum, consistent with the proposed use.

      2.   Distinctive stylistic features or examples of skilled craftsmanship which characterize older structures and often predate the mass production of building materials, should be treated and/or preserved with sensitivity.

      3.   Wherever possible, new additions or alterations to buildings should be done in such a manner that if they were to be removed in the future, the essential form and integrity of the original building would be unimpaired.

   F.   Signs: Signs should complement the architectural style and scale of the building and should be designed as an integral architectural element of the building and site to which it principally relates. As an architectural element, the sign should reflect the period of architecture and be in harmony with building character and use. It must not interfere with architectural lines and details. Each sign shall be compatible with signs on adjoining premises and shall not compete for attention. The number of graphic elements on a sign shall be held to the minimum needed to convey the sign's major message and shall be in proportion to the area of the sign face.

   G.   Demolition: Except for building condemnation proceedings for health and safety reasons, no demolition permit will be issued until plans have been submitted, reviewed and approved for a replacement structure or appropriate landscaping. This is to assure that vacant lots are not created in the district, and to make sure the new structure is compatible with its surroundings.

(Ord., 1-18-2005; amd. Ord. 25-01, 2-18-2025)

   A.   Scope Of Regulations: The town council and planning commission, which advises the town council on zoning matters, have determined that the various aspects of the permitted and conditional review process, as well as the infrastructure review and environmental impact review process of sensitive lands, require certain expertise in dealing with special or unique technical situations. These situations may be better dealt with through the formation of a technical review committee made up of experts in the field to review the permit and make recommendations to the planning commission and/or town council regarding conditions of approval. The members shall be appointed by the planning commission, with input of the town council when necessary, and the members shall act as staff to the planning commission.

   B.   Authority Of Committee; Appeal: The committee may review a project as directed by the planning commission and submit a certificate of review with findings and/or concerns to the planning commission prior to their adoption of conditions to the permit. Any appeal from the committee's decision shall be reviewed by the planning commission. If necessary, the decision of the commission may then be appealed to the board of adjustment, and ultimately to the courts.

   C.   Administration: This committee may be formed on a case by case basis as the need may arise and may consist of the same members or additional and replacement members as necessary. The committee may adopt administrative procedures as appropriate, and the committee derives its authority to meet and act under this section of this title.

(Ord., 1-18-2005; amd. Ord. 25-01, 2-18-2025)

   Since the town has many existing lots that do not have survey monuments (markers) on all corners of said lots, it is required that surveys be made to identify the boundaries on such lots before a building permit can be issued for new residential buildings or residential remodelings that extend the building footprint into a yard area. Accessory buildings in rear yards do not require a survey to be done on such lots.

(Ord., 1-18-2005; amd. Ord. 25-01, 2-18-2025)

Since the town is an agricultural community and because the town council places such a high value on the protection and preservation of agricultural land uses, the town has adopted the following right to farm provisions of this title:

   A.   Impact Analysis: All subdivisions and master planned developments that: 1) border an agricultural area; or 2) contain within them an agricultural or irrigation right of way or easement; or 3) will contain an agricultural open space or preservation, shall have additional requirements imposed upon the developer in the form of an analysis to be reviewed and implemented as part of the MPD review process or subdivision process. This impact analysis shall be used to determine the impact on associated farming and/or livestock operations affected by the development, and implement remediation and protection designs in the development to alleviate conflicts with the affected agricultural operations.

   B.   Applicability: The developer is responsible for the performance of the analysis with the input and review by the town. The planning commission and developer shall use the following review guidelines or issues in determining the impact on farming operations of the development, and will apply appropriate conditions during the approval process to ensure that the farm or ranch affected is assured a right to farm without undue burden of residential or commercial growth and complaints by neighbors. All rights to farm are preserved to the best ability of the town, taking into consideration practical land use applications and private property rights and concerns.

   C.   Factors Considered: The following factors shall be used as guidelines or issues in the preparation and review of the agricultural impact analysis. Impact solutions may be developed as permit conditions and restrictive covenants or agreements:

      1.   Protection of irrigation access and maintenance of ditches and canals.

      2.   Safety and protection of the public from ditches, canals, ponds and drainage systems.

      3.   Livestock movement corridor protections and safety concerns.

      4.   Fencing safety (i.e., electrical, barbed wire) and design.

      5.   Private property protection issues.

      6.   Hunting protection, access and livestock safety concerns.

      7.   Protection of farm equipment ingress and egress.

      8.   Erosion and soil protection and conservation concerns.

      9.   Drainage of the subdivision and designs to minimize the discharge or impact on agricultural lands and soils.

      10.   Noxious weeds, pests and pet (dog) controls in the subdivision.

      11.   Provisions, acknowledgments and understandings by new property owners (including hold harmless agreements, if necessary) that farm work hours run late and begin early, and that farm operations may contribute to noises and odors objectionable to some subdivision residents.

      12.   Screening provisions and landscaping designs to reduce noise or visual impact on surrounding or conflicting land uses.

      13.   Any other provisions or concerns that the planning commission deems necessary to protect the right to farm on adjoining or appurtenant properties.

(Ord., 1-18-2005; amd. Ord. 20-02, 3-17-2020; Ord. 25-01, 2-18-2025)