Corinne City Zoning Code
CHAPTER 7
ZONE DISTRICTS AND REGULATIONS
9-7-1: SCOPE OF REGULATIONS:
The regulations set forth in this chapter, including the articles following, detail each of the zone districts and describe the various uses, both permitted and conditional, as well as uses prohibited, in each zone. Overlay zones are also detailed in the articles following this chapter.
(Ord. 13-01, 9-3-2013; amd. Ord. 25-01, 2-18-2025)
9-7A-1: PURPOSE, SCOPE AND OBJECTIVES:
The agricultural zone, also known and referred to as the A1 zone, is established to provide areas where the growing of crops and the raising of livestock can be encouraged and supported within the town. The character and essence of the town is the A1 zone and all efforts to protect this zone should be encouraged. The A1 zone is intended to protect agricultural uses from encroachment of urban development until such time as residential, commercial or industrial uses in such areas become necessary and desirable by the town. Uses permitted in the A1 zone, in addition to agricultural uses, must be incidental thereto and should not change the basic agricultural character of the zone. Clustering of homes is encouraged to maximize the amount of open and usable agricultural space. Conversion of the agricultural zone to zones allowing urban uses should be accomplished only in an orderly and careful manner following the general plan with no "leap frog" encroachments of such urban or semiurban uses or developments into the surrounding agricultural areas.
(Ord. 13-01, 9-3-2013; amd. Ord. 25-01, 2-18-2025)
9-7A-2: PERMITTED USES AND CONDITIONAL USES:
Those general uses or categories of uses listed in appendix A to this title may be conducted in the agricultural zone as limited herein. Uses are listed as designated in this title. Detailed permitted uses and conditional uses as well as prohibited uses are listed in the zone district land use table in appendix A to this title, which is on file in the town office. Activities normally considered business or commercial uses or activities listed in said appendix A as permitted or conditional uses in agricultural zones are limited to home occupations in all cases.
(Ord. 13-01, 9-3-2013; amd. Ord. 25-01, 2-18-2025)
9-7A-3: LOT AREA AND DENSITY (SUBZONES):
The minimum area of any single lot or parcel or the density as related to homes per acre (whichever is used) of land in the agricultural zone shall be as indicated by the subzone used in conjunction with the agricultural zone designation. Subzones are designated by appending a number to the agricultural zone symbol. Such a suffix number shall be the minimum lot area for the subzone stated in acres as listed below:
A1 | 1 home per 1 acre | (or) | 1 home/acre |
(Ord. 13-01, 9-3-2013; amd. Ord. 25-01, 2-18-2025)
9-7A-4: DENSITY OF RESIDENTIAL HOUSING DEVELOPMENTS:
To encourage the preservation of agricultural open space, enhance its profitability, minimize the cost of public services, reduce yard sizes to conserve water and improve landscaping quality and to discourage evenly spaced development running along public streets, clustered residential housing may be developed on parcels or combined lots in an approved subdivision that is a master planned development.
A. Density In Developments: Clustering will only be allowed if the total density of housing in the proposed development does not exceed the density of homes per acre without clustering. The unit per acre density may still qualify for bonus adjustment in a master planned development. If the development spans several different types of zones or subzones, the total residential density per acre of the project shall not exceed the total of all residential densities combined in each zone or subzone allowed by this title. Or in other words, the total density shall equal the sum of the individual densities of each zone. Minimum lot sizes per residential unit for each zone must also be adhered to, even if this results in different sizes of residential lots in the same development.
B. Minimum Lot Size And Open Space: When clustering units in the agricultural zone, the minimum lot size for any residential unit shall not be less than one-fourth (1/4) acre. All other acreage beyond that necessary to satisfy the minimum lot sizes for the residential development will be declared as permanent open space for agricultural type uses on the subdivision or MPD plat and appropriate deed restrictions or conservation easements in a form acceptable to the town shall be provided by the owner.
C. Lot Frontage: All lots developed for residential use in the agricultural zone shall abut along the right of way line of a public street or private street (if allowed by the planning commission) for a minimum distance of one hundred sixty five feet (165'), unless it is a clustered master planned development, then the minimum distance is seventy five feet (75').
(Ord. 13-01, 9-3-2013; amd. Ord. 25-01, 2-18-2025)
9-7A-5: ZONE DEPTH ALONG ROADS AND HIGHWAYS:
If an agricultural zone borders or runs along a public or private street with a different zone or subzone of lower residential density or larger minimum lot size placed behind it, a second appended code may be added to that zone or subzone to designate the depth of the zone in feet from the right of way line of the street. If no depth is specified, the zone will be assumed to border a property line, road, major geographic feature or a section, quarter section or quarter-quarter section line, or other legally surveyed boundary. This depth code may only be used in some instances on the official zone map to help clarify certain zone district boundaries.
(Ord. 13-01, 9-3-2013; amd. Ord. 25-01, 2-18-2025)
9-7A-6: PRIOR CREATED LOTS OF RECORD:
Lots or parcels of land which legally existed or were created by preliminary or final plat approval prior to the application of this zone shall not be denied a building permit solely for reason of nonconformance with the parcel or density requirements of this article and are declared a nonconforming use under this title.
(Ord. 13-01, 9-3-2013; amd. Ord. 25-01, 2-18-2025)
9-7A-7: LOT AREA PER DWELLING:
Not more than one primary single-family dwelling may be placed upon a lot or parcel of land in the A zone. Single caretaker facilities or single secondary accessory apartments may be allowed.
(Ord. 13-01, 9-3-2013; amd. Ord. 25-01, 2-18-2025)
9-7A-8: YARD REQUIREMENTS FOR DWELLINGS AND MAIN BUILDINGS:
The following yard setback requirements shall apply on lots in the agricultural zone:
A. Front Yard; Interior And Corner Lots: The minimum front yard for all buildings in the agricultural zone must be thirty feet (30'). All buildings shall maintain a minimum setback of twenty feet (20') on any portion of the lot that is adjacent to a cul-de-sac.
B. Side Yards; Interior Lots: The minimum side yard for all buildings on interior lots in the agricultural zone shall be eight feet (8').
C. Side Yards; Corner Lots: The minimum side yards for all buildings on corner lots in the agricultural zone shall be eight feet (8') on the side adjoining another lot and thirty feet (30') on the side adjoining the street (for corner lots).
D. Rear Yard; Interior And Corner Lots: The minimum rear yard for all buildings in the agricultural zone shall be twenty five feet (25').
E. Easements: No dwelling or main building shall be located within a platted easement area of any kind.
(Ord. 13-01, 9-3-2013; amd. Ord. 25-01, 2-18-2025)
9-7A-9: ACCESSORY BUILDINGS:
Accessory buildings may be located on lots in the agricultural zone according to the following setback requirements:
A. Side Yard: An accessory building may be located in a side yard no closer than eight feet (8') from the side property line and no closer than six feet (6') from the dwelling or main building, except that an accessory building may not be located within thirty feet (30') of the property line adjacent to the street.
B. Rear Yard: An accessory building may be located in a rear yard no closer than six feet (6') from the dwelling or main building and no closer than three feet (3') from the side or rear property lines. An accessory building may be located at or near the side or rear property lines; provided, that all requirements of the international building code are met and that the accessory building is equipped with facilities for the discharge of all roof drainage onto the lot upon which said accessory building is located.
C. Additional Setback Requirement: In addition to the foregoing side yard requirements, accessory buildings exceeding ten feet (10') in height shall be located so that the horizontal distance measured from the property line to any point of the structure shall be thirty percent (30%) or more of the height of the structure at that point (horizontal distance/height = 30 percent or more).
D. Accessory Buildings For Animals: Accessory buildings used for the housing or shelter of animals shall be located a minimum distance of forty feet (40') from any dwelling.
E. Easements: No permanent accessory building shall be located within a platted easement area of any kind.
F. Building Permit: A building permit is not required if an accessory building meets the following criteria:
1. Building footprint is three hundred (300) square feet or less.
2. No power, water, gas or septic utilities are included in the building.
3. Building height is fifteen feet (15') or less.
(Ord. 13-01, 9-3-2013; amd. Ord. 20-02, 3-17-2020; Ord. 25-01, 2-18-2025)
9-7A-10: PROJECTIONS INTO YARDS:
The following structures may be erected on or projected into any required yard:
A. Fences, Walls: Fences and walls in conformance with this title or other town codes or ordinances.
B. Landscaping: Landscape elements, including trees, shrubs, agricultural crops and other plants.
C. Utility: Necessary appurtenances for utility service.
(Ord. 13-01, 9-3-2013; amd. Ord. 25-01, 2-18-2025)
9-7A-11: BUILDING HEIGHT:
No lot or parcel of land in the agricultural zone shall have a building which exceeds a height of thirty feet (30'), except that silos, windmills and other agricultural related accessory structures not used for human occupancy may exceed thirty feet (30') in height.
(Ord. 13-01, 9-3-2013; amd. Ord. 20-02, 3-17-2020; Ord. 25-01, 2-18-2025)
9-7A-12: PARKING AND ACCESS:
Each lot or parcel on which a single-family dwelling is located shall have on the same lot or parcel a minimum of two (2) off street parking spaces. Said spaces shall be paved with asphaltic cement or concrete and shall be provided with a paved or graveled access from a public street. Required parking spaces shall not be provided within a required front yard, including driveways.
(Ord. 13-01, 9-3-2013; amd. Ord. 25-01, 2-18-2025)
9-7A-13: SITE PLAN APPROVAL:
The subdivision and master planned development code and international building code shall be satisfied prior to the issuance of a building permit. A site plan shall be submitted to and approved by the town prior to any such permit issuance.
(Ord. 13-01, 9-3-2013; amd. Ord. 25-01, 2-18-2025)
9-7A-14: OTHER REQUIREMENTS:
A. Fences, Walls: Notwithstanding the setback, yard and height requirements for structures otherwise stated in this title, fences, walls, hedges, shrubs, berms and other unroofed landscaping appurtenances may be located on the property line, or adjacent to the sidewalk, or in the yard between the building setback line and the property line or sidewalk; provided, that the maximum height above natural grade for a fence, wall, hedge, berm or similar unroofed landscape feature is:
1. Four feet (4') where such fence or other feature is located in front of the front building line of the dwelling or main building.
2. Six feet (6') where such fence or other feature is located behind the front building line of the dwelling or main building.
3. Three feet (3') where such fence or other feature is sight obscuring and is located within the clear vision area of a corner lot. Lawn trees are permitted in this area which are pruned to a height of at least seven feet (7') above the established grade or road elevation or curb, whichever is highest, so as not to obstruct clear view of motorists. Shrubs are permitted in this area which are trimmed to a height of three feet (3') or less.
4. Four feet (4') where such fence or other feature is sight obscuring and is located in an area that is within ten feet (10') of a driveway and twenty feet (20') of a street.
B. Temporary Mobile Homes: A temporary conditional use permit may be issued for a temporary mobile home which may be located on the rear portion of a lot in the agricultural zone during the construction of a permanent dwelling on said lot for not longer than one year. The Planning Commission may require that a bond or other guarantee be posted to ensure that the temporary mobile home is removed by the expiration of the permit.
C. Trash And Waste Storage: No trash, used materials or wrecked or nonoperational or abandoned vehicles or equipment shall be stored in an open area or yard. All such materials must be screened from public streets and adjacent property located within the A zones with an opaque fence or wall, or must be stored within an enclosed building. All trash storage areas shall be screened and/or hidden from the public or adjoining residential area view by appropriate fencing and/or landscaping methods and placed in a rear area of the main building, if possible. No hazardous materials or chemicals or oils/solvents shall be stored in areas that do not meet Health Department regulations or are accessible to the public. Trash storage plans must be presented to the Planning Commission for approval, prior to issuance of a building permit.
D. Location Of Boats, Trailers, Campers, Motor Homes And Vehicles: Boats, trailers, campers, motor homes and vehicles may not be stored in the front yard of any lot or in the street side yard of a corner lot in excess of twenty four (24) hours, except that a vehicle owned by a guest of the resident may be stored in a required front yard or street side yard (on corner lots) for up to seven (7) consecutive days per calendar quarter. A motor home, RV or vehicle may be occupied by a resident or guests of the resident for up to seven (7) consecutive days per calendar quarter.
(Ord. 13-01, 9-3-2013; amd. Ord. 18-01, 9-18-2018; Ord. 25-01, 2-18-2025)
9-7B-1: PURPOSE, SCOPE AND OBJECTIVES:
The following residential zones are hereby created under this title and may be collectively referred to as the residential zones or the R zones:
A. R1 Zone: The single-family residential zone, herein referred to as the R1 zone, is established to provide areas for the encouragement and promotion of an environment for family life by providing for the establishment of one-family detached dwellings on individual lots and associated uses as hereinafter defined. This zone is characterized by attractively landscaped or naturally rural lots with lawns and shrubs and natural open spaces. The minimum lot size is nine thousand nine hundred (9,900) square feet, with a depth of one hundred thirty two feet (132').
B. R2 Zone: The two-family residential zone, herein referred to as the R2 zone, is established to provide a residential environment within the town which is characterized by attractively landscaped single-family and two-family residential lots and structures and associated uses as hereinafter defined. This zone is intended to have a residential density the same as the R1 zone, and to maintain a residential character comparable to that of a single-family residential area with large landscaped front yards. The minimum lot size for this zone is nineteen thousand eight hundred (19,800) square feet and a depth of one hundred thirty two feet (132'). The R2 zone overlays the R1 zone. Each two-family residential unit shall be no closer than five (5) blocks to another two-family residential unit.
(Ord. 13-01, 9-3-2013; amd. Ord. 25-01, 2-18-2025)
9-7B-2: PERMITTED USES:
Those general uses or categories of uses listed in appendix A to this title may be conducted in the residential zone. Uses are listed as designated in this title. Detailed permitted uses as well as prohibited uses are listed in the zone district land use table in appendix A to this title, which is on file in the town office. All permitted uses are limited to home occupations.
(Ord. 13-01, 9-3-2013; amd. Ord. 20-02, 3-17-2020; Ord. 25-01, 2-18-2025)
9-7B-3: LOT AREA AND DENSITY (SUBZONES):
The minimum area of any single lot or parcel, or the density as related to homes per acre (whichever is used) of land in residential zones, shall be as indicated by the subzone used in conjunction with the R1 or R2 designation. Subzones are designated by appending a number to the residential zone symbol. Such a number shall be the minimum lot area for the subzone stated in acreage. The following is a list of the current residential zones and densities, if subdivision master planned development (MPD) clustering is used, that is currently allowed:
Zone | Lot Size | Density | |
R1 | 1 home per 9,900 square feet | or | 4 homes/acre |
R2 | 1 home per 19,800 square feet | or | 2 homes/acre |
(Ord. 13-01, 9-3-2013; amd. Ord. 25-01, 2-18-2025)
9-7B-4: DENSITY OF RESIDENTIAL HOUSING DEVELOPMENTS; SEWER SERVICES:
To encourage the preservation of agricultural and natural open space, enhance its profitability, minimize the cost of public services, reduce yard sizes to conserve water and improve landscaping quality, and to discourage evenly spaced development running along public streets, clustered residential housing may be developed on parcels or combined lots in an approved subdivision that is a master planned development.
A. Density In Developments: Clustering will only be allowed if the total density of housing in the proposed development does not exceed the density of homes per acre without clustering. The unit per acre density may still qualify for bonus adjustment in a master planned development if the development spans several different types of zones or subzones. The total residential density per acre of the project shall not exceed the total of all residential densities combined in each zone or subzone allowed by this title. Or in other words, the total density shall equal the sum of the individual densities of each zone. Minimum lot sizes per residential unit for each zone must also be adhered to, even if this results in different sizes of residential lots in the same development.
B. Minimum Lot Sizes And Open Space: When clustering units in the residential zones, the minimum lot size for any residential unit shall not be less than one-fourth (1/4) acre. All other acreage beyond that necessary to satisfy the minimum lot sizes for the residential development will be declared as permanent open space for preservation, recreational or agricultural type uses on the subdivision or MPD plat, and appropriate deed restrictions or conservation easements in a form acceptable to the town shall be provided by the owner.
C. Lot Frontage And Sewer Service: Each lot or parcel of land located in residential zones shall abut along the right of way line of a public street or private street (if allowed by the planning commission) for a minimum distance of seventy five feet (75'). If the lot is one-half (1/2) acre or less in density and is not served by a public sewer system, the minimum distance is one hundred thirty two feet (132').
(Ord. 13-01, 9-3-2013; amd. Ord. 25-01, 2-18-2025)
9-7B-5: ZONE DEPTH ALONG ROADS AND HIGHWAYS:
If a residential zone borders or runs along a public or private street with a different zone or subzone of lower residential density or larger minimum lot size placed behind it, a second appended code may be added to that zone or subzone to designate the depth of the zone in feet from the right of way line of the street. If no depth is specified, the zone will be assumed to border a property line, road, major geographic feature or a section, quarter section or quarter-quarter section line, or other legally surveyed boundary. This depth code may only be used in some instances on the official zone map to help clarify certain zone district boundaries.
(Ord. 13-01, 9-3-2013; amd. Ord. 25-01, 2-18-2025)
9-7B-6: PRIOR CREATED LOTS OF RECORD:
Lots or parcels of land which legally existed or were created by a preliminary or final plat approval prior to the application of this zone shall not be denied a building permit solely for reason of nonconformance with the parcel requirements of this article and are declared a nonconforming use under this title.
(Ord. 13-01, 9-3-2013; amd. Ord. 25-01, 2-18-2025)
9-7B-7: PANHANDLE LOTS:
Panhandle lots are not permitted.
(Ord. 13-01, 9-3-2013; amd. Ord. 20-02, 3-17-2020; Ord. 25-01, 2-18-2025)
9-7B-8: LOT AREA PER DWELLING:
Not more than one single-family dwelling may be placed on a lot or parcel in the residential zones, except in the R2 zone, which allows one two-family dwelling on a lot or parcel. Master Planned Developments may allow two (2) two-family dwellings per ten (10) acres according to this article and must be a master planned development as regulated by this title. Single caretaker facilities or single secondary accessory apartments may be allowed (as detailed in section 9-7B-10 of this article).
(Ord. 13-01, 9-3-2013; amd. Ord. 25-01, 2-18-2025)
9-7B-9: YARD REQUIREMENTS FOR DWELLINGS AND MAIN BUILDINGS:
The following yard setback requirements shall apply on all lots in residential zones:
A. Front Yard; Interior And Corner Lots: The minimum front yard setback for all buildings in residential zones shall be thirty feet (30'). All buildings shall have a minimum setback of twenty feet (20') on any portion of the lot that is adjacent to a cul-de-sac.
B. Side Yards; Interior Lots: The minimum side yard for all buildings on interior lots in residential zones (except in multi-family residential developments) shall be eight feet (8').
C. Side Yards; Corner Lots: The minimum side yards for all buildings on corner lots in residential zones (except in multi-family residential developments) shall be eight feet (8') on the side adjoining another lot and thirty feet (30') on the side adjoining the street (for corner lots).
D. Rear Yard; Interior And Corner Lots: The minimum rear yard for all buildings in residential zones (except in multi-family residential developments) shall be twenty five feet (25'); except, that on corner lots, the rear yard may be reduced to a minimum of ten feet (10').
E. Easements: No dwelling or main building shall be located within a platted easement area of any kind.
(Ord. 13-01, 9-3-2013; amd. Ord. 25-01, 2-18-2025)
9-7B-10: ACCESSORY BUILDINGS:
Accessory buildings such as garages and sheds may be located on lots in residential zones according to the following requirements, but only in conjunction with an existing dwelling or main building on the same lot:
A. Side Yards: An accessory building shall be located in a side yard no closer than eight feet (8') from the side property line and no closer than six feet (6') from the dwelling or main building; except, that an accessory building may not be located within thirty feet (30') of the property line adjacent to the street.
B. Rear Yard: An accessory building may be located in a rear yard no closer than six feet (6') from the dwelling or main building and not closer than three feet (3') from the side or rear property lines. An accessory building may be located at or near the side or rear property lines; provided, that all requirements of the international building code are met and that the accessory building is equipped with facilities for the discharge of all roof drainage onto the lot upon which said accessory building is located.
C. Additional Setback Requirement: In addition to the foregoing side yard requirements, accessory buildings exceeding ten feet (10') in height shall be located so that the horizontal distance measured from the property line to any point of the structure shall be thirty percent (30%) or more of the height of the structure at that point (horizontal distance/height = 30% or more).
D. Accessory Buildings For Animals: Accessory buildings used for the housing or shelter of animals shall be located a minimum distance of forty feet (40') from any dwelling.
E. Easements: No permanent accessory building shall be located within a platted easement area of any kind.
F. Building Permit: A building permit is not required if an accessory building meets the following criteria:
1. Building footprint is three hundred (300) square feet or less.
2. No power, water, gas or septic utilities are included in the building.
3. Building height is fifteen feet (15') or less.
(Ord. 13-01, 9-3-2013; amd. Ord. 20-02, 3-17-2020; Ord. 25-01, 2-18-2025)
9-7B-11: PROJECTIONS INTO YARDS:
A. The following structures may be erected on or projected into any required yard:
1. Fences and walls in conformance with this title and other town codes or ordinances;
2. Landscape elements, including trees, shrubs, agricultural crops and other plants;
3. Necessary appurtenances for utility service.
B. The structures listed below may project into a minimum front or rear yard not more than four feet (4') and into a minimum side yard not more than two feet (2'). See the supplemental regulations in chapter 3 of this title for more detailed regulations:
1. Cornices, eaves, belt courses, sills, buttresses or other similar architectural features;
2. Fireplace structures and bays; provided, that they are not wider than eight feet (8'), measured generally parallel to the wall of which they are a part;
3. Stairways, balconies, door stoops, decks, steps, fire escapes, awnings, porches and patio covers;
4. Planting boxes not exceeding twenty four inches (24") in height.
(Ord. 13-01, 9-3-2013; amd. Ord. 25-01, 2-18-2025)
9-7B-12: SIDE YARD EXCEPTIONS:
The area of a required side yard shall be open and unobstructed, except for the following and similar uses:
A. The ordinary projections of window sills, belt courses, cornices and other ornamental features to the extent of not more than twelve inches (12").
B. The projection of eaves not more than two feet (2').
C. The projection of a step not over two feet (2').
D. Awnings projecting over doorways and windows not more than three feet (3').
E. A bay window or chimney not over ten feet (10') long projecting not more than two feet (2'), providing such extension maintains the minimum side yard allowable for the smallest side yard in that district.
F. A light or window well not over two feet (2') in width.
G. Walls or fences not more than six feet (6') in height.
H. A driveway leading to a properly located garage or parking area; however, a side yard cannot be used for a parking area except as hereinafter provided, nor for storage, nor can it be hard surfaced in such a way as to make possible the parking of automobiles or other vehicles unless it is a driveway that leads to a garage or a properly located parking area in the rear yard.
I. A detached garage may be located in a side yard, provided said garage meets the requirements specified for the district in which it is located, and the requirements of the building and fire codes for buildings in close proximity to the lot lines.
J. Hot tubs, decks or similar uses at ground level shall be allowed in a side 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. Ord. 25-01, 2-18-2025)
9-7B-13: HEIGHT AND BUILDING LOCATION:
No lot or parcel of land in the residential zones shall have a building which exceeds a height of thirty feet (30').
(Ord. 13-01, 9-3-2013; amd. Ord. 25-01, 2-18-2025)
9-7B-14: PERMISSIBLE LOT COVERAGE:
In the residential zones, the area of the lot or parcel of land covered by buildings and structures shall not exceed fifty percent (50%), unless waived by the board of adjustment or is part of an MPD and is subject to the conditions of the MPD.
(Ord. 13-01, 9-3-2013; amd. Ord. 25-01, 2-18-2025)
9-7B-15: PARKING AND ACCESS:
A. Each lot or parcel on which a single-family dwelling is located shall have on the same lot or parcel a minimum of two (2) off street parking spaces. Required parking spaces shall not be provided within a required front yard, including driveways. Said spaces shall be paved with asphaltic cement or concrete and shall be provided with a paved access from a public street or graveled access on lots in the R1 or R2 zones. Fully enclosed two (2) car attached garages which have a minimum outside dimension width of twenty feet (20'), as measured from outside of foundation to outside of foundation and have at least four hundred (400) square feet of area, shall satisfy the off street parking requirement. All platted subdivision lots shall meet the parking requirements in effect when the subdivision was platted.
B. When a driveway is used for access to a rear parking area in an R1 or R2 zone, or for a nonresidential use having less than five (5) parking spaces, the side yard shall be wide enough to accommodate an unobstructed ten foot (10') paved driveway. When used for access to a garage, carport or parking area having six (6) or more parking spaces, the side yard shall be wide enough to provide for an unobstructed twelve foot (12') paved driveway for one-way traffic, or a twenty four foot (24') paved driveway for two-way traffic.
(Ord. 13-01, 9-3-2013; amd. Ord. 25-01, 2-18-2025)
9-7B-16: SITE PLAN APPROVAL:
The subdivision and master planned development code and international building code shall be satisfied prior to the issuance of a building permit. A site plan shall be submitted and approved prior to the issuance of any permit.
(Ord. 13-01, 9-3-2013; amd. Ord. 25-01, 2-18-2025)
9-7B-17: OTHER REQUIREMENTS:
A. Animal Limitations: The maintenance and keeping of animals and fowl on a lot or parcel of land in an R1 zone, where such use is permitted, shall be limited to a total of forty (40) animal points per one-half (1/2) acre of land, excluding the residence (1/2 acre minimum required for animal points) as determined from the chart below:
Horses and cattle | 20 points |
Sheep and goats | 10 points |
All animals located on a lot or parcel of land must be contained upon said lot or parcel | |
1. Small Animals: Chickens, ducks, geese, pigeons, rabbits, chinchillas and other small animals are allowed according to the following requirements.
a. The permitted number of small animals based on the size of the lot is as follows:
7,000 square feet | 2 small animals |
8,000 square feet | 4 small animals |
10,000 square feet | 6 small animals |
14,000 square feet | 8 small animals |
20,000 square feet | 10 small animals |
No more than 10 small animals will be permitted on any lot. | |
b. Small animals are allowed in most residential areas of the city. Roosters and crowing hens are prohibited. The number of small animals you may be allowed depends upon your size of lot. Minimum number of chickens is two (2) for the social wellness of the chickens.
c. A minimum of two and one half (2.5) square feet per small animal shall be provided. The coop shall not be larger than two hundred (200) square feet and shall be located in the back yard. All coops and shelters are considered accessory buildings and must meet all setback requirements. The setback requirements for an accessory building can be found in section 9-7B-10. There shall be an enclosed run with a minimum of five (5) square feet per small animal. Small animals are not allowed to run or roam free outside of a fenced area. All coops and runs shall be kept clean and free from objectionable odor.
d. The keeping of residential small animals cannot be used for a business or monetary gain, including the sale of eggs. Dead animals and unused eggs must be removed and disposed of within twenty four (24) hours. If a complaint is made to the city about noise, odor or other violation(s) as verified by the city Animal Control Officer, if the owner of the property fails to mitigate the noise, odor or other violation, small animals will no longer be allowed at that property. Any violation of this section shall be considered a Class C Misdemeanor.
B. Landscaping: All open disturbed areas in residential zones between the front lot line and the rear line of the main building, except driveways, parking areas, walkways, utility areas, improved decks, patios and porches, shall be maintained with suitable landscaping of plants, shrubs, trees, grass and xeriscaping.
(Ord. 13-01, 9-3-2013; amd. Ord. 21-01, 11-3-2020; Ord. 25-01, 2-18-2025)
9-7C-1: PURPOSE AND OBJECTIVES:
The retail (RT2) zone is established to provide a district primarily for the accommodation of retail uses and retail areas which have been established in locations within or close to the central core of the town. The town is not to be an area of big box retail development. Such uses are more compatible with other local communities. Though this zone may be applied to areas which may be developed as "strip retail" developments along major streets and highways, it shall not be used to promote or establish areas in which such development can be promulgated or encouraged in violation of good planning principles. The location of the RT2 zone should be close to major arterials to provide convenient access for higher traffic volumes without hazard and without traversing through a residential area. The RT2 zone shall not be applied to the internal areas of residential neighborhoods. Although the RT2 zone may be applied to existing retail and commercial areas which have a variety of characteristics, the provisions contained herein should be used to encourage greater integrity and aesthetic improvements as these areas are redeveloped, expanded and improved. Integrated and coordinated landscaping, parking, ingress, egress and signing and building design should be encouraged and regulated through the use of project plan approval procedures. New construction should be in harmony with the characteristics of the surrounding developed retail, commercial and residential areas. The uses characteristic of this zone will be a wide range of small retail and service stores and shops.
(Ord. 13-01, 9-3-2013; amd. Ord. 25-01, 2-18-2025)
9-7C-2: PERMITTED USES:
All permitted uses allowed under the RT2 zone are designated in appendix A to this title (land uses by zone), on file in the town office, which designates each use in the standard land use code format as published and maintained by the planning commission. Those uses or categories of uses as listed therein, and no others, are permitted in the RT2 zone. All such categories listed therein and all specific uses contained within them in the standard land use code will be permitted in the RT2 zone, subject to the limitations set forth herein.
(Ord. 13-01, 9-3-2013; amd. Ord. 25-01, 2-18-2025)
9-7C-3: PERMITTED ACCESSORY USES:
Accessory uses and structures are permitted in the RT2 zone, provided they are incidental to, and do not substantially alter the character of, the permitted principal use or structure. Such permitted uses and structures include, and are limited to, the following:
Accessory buildings, such as garages, carports, equipment storage buildings and supply garage buildings which are customarily used in conjunction with and incidental to a principal use or structure permitted in the RT2 zone.
Storage of materials used for construction of buildings, including the contractor's temporary office; provided, that such use be located on the building site or immediately adjacent thereto, and provided further, that such use shall be permitted only during the construction period and thirty (30) days thereafter.
(Ord. 13-01, 9-3-2013; amd. Ord. 25-01, 2-18-2025)
9-7C-5: LOT AREA:
There shall be no minimum lot area requirements in the RT2 zone, except as may be dictated by off street parking requirements, adequate circulation and property site utilization.
(Ord. 13-01, 9-3-2013; amd. Ord. 25-01, 2-18-2025)
9-7C-6: RETAIL AND RESIDENTIAL AREA REQUIREMENTS IN MIXED RESIDENTIAL/RETAIL USE STRUCTURES:
In mixed residential/retail use structures, the residential residence shall not be permitted on the ground level and is permitted only above the retail structure. Stand alone residential units shall comply with all R1 requirements.
(Ord. 13-01, 9-3-2013; amd. Ord. 25-01, 2-18-2025)
9-7C-7: LOT WIDTH:
Each lot or parcel shall have a minimum width of thirty five feet (35'), or a width providing that all requirements of necessary parking regulations and yard requirements can be satisfied.
(Ord. 13-01, 9-3-2013; amd. Ord. 25-01, 2-18-2025)
9-7C-8: LOT FRONTAGE:
Each lot or parcel of land in the RT2 zone shall have frontage on a public street for a minimum distance of thirty five feet (35').
(Ord. 13-01, 9-3-2013; amd. Ord. 25-01, 2-18-2025)
9-7C-9: PRIOR CREATED LOTS:
Lots or parcels of land which were created prior to the application of this zone shall not be denied a building permit solely for reasons of nonconformance to the parcel requirements of this article. No new lot shall be created which does not comply with section 9-7C-8 of this article.
(Ord. 13-01, 9-3-2013; amd. Ord. 25-01, 2-18-2025)
9-7C-10: AREA OF ZONE:
Each single RT2 zone zoning district shall contain a minimum of ten (10) acres, except those existing, previously developed retail and commercial facilities and areas to which the RT2 zone is applied.
(Ord. 13-01, 9-3-2013; amd. Ord. 25-01, 2-18-2025)
9-7C-11: YARD REQUIREMENTS:
The following yard requirements shall apply in the RT2 zone:
A. Front Yard: Each lot or parcel of land in the RT2 zone shall have a front yard of not less than ten feet (10'), except that in areas developed prior to the establishment of this zone, the front yard shall be equal to the average of existing front yards on all parcels of property along the block face in which a building or structure is to be located.
B. Side Yards: Except as provided in subsections C through E of this section, each lot or parcel of land in the RT2 zone shall have a side yard of at least twenty feet (20') when located adjacent to a residential zone. There shall be no requirements in those instances where the side property line abuts a consolidated business zone.
C. Side Yard; Corner Lots: On corner lots, the side yard contiguous with the street shall be not less than ten feet (10') in width, and shall not be used for vehicular parking. Said area shall be appropriately landscaped, except those portions devoted to access and driveway use.
D. Side Yard; Driveway: When used for access to any garage, carport or parking area having less than five (5) parking spaces, a side yard shall be wide enough to accommodate an unobstructed twelve foot (12') paved driveway. When used for access to a garage, carport or parking area having six (6) or more parking spaces, a side yard shall be wide enough to provide an unobstructed fifteen foot (15') paved driveway for one-way traffic, or a twenty foot (20') paved driveway for two-way traffic.
E. Side Yard; Accessory Building: An accessory building may be located on a side property line if, and only if, all of the following conditions are met:
1. An accessory building has no openings on the side which is contiguous to the property line, and the wall of said building adjacent to the property line has a four (4) hour fire retardant rating.
2. The accessory building has facilities for the discharge of all roof drainage onto the lot or parcel on which it is erected.
F. Rear Yard: There shall be no rear yard requirements, except as may be dictated by provisions of the international building code.
G. Rear Yard; Accessory Building: Not permitted.
(Ord. 13-01, 9-3-2013; amd. Ord. 25-01, 2-18-2025)
9-7C-12: PROJECTIONS INTO YARDS:
A. The following structures may be erected on, or project into, any required yard, except into a required driveway:
1. Fences and walls in conformance with town codes and ordinances;
2. Landscaping elements, including trees, shrubs and other plants;
3. Necessary appurtenances for utility service.
B. The structures listed below may project into a minimum front or rear yard not more than four feet (4') and into a minimum side yard not more than two feet (2'), except that required driveways shall remain unobstructed from the ground upward:
1. Cornices, eaves, belt courses, sills, buttresses or other similar architectural features;
2. Stairways, balconies, door stoops, fire escapes, awnings and planter boxes or masonry planters not exceeding twenty four inches (24") in height;
3. Carports and loading docks in a side yard; provided, that such a structure is not more than one story in height and is entirely open on at least three (3) sides, except for necessary supporting columns and customary architectural features.
(Ord. 13-01, 9-3-2013; amd. Ord. 25-01, 2-18-2025)
9-7C-13: BUILDING HEIGHT:
In the RT2 zone, the height of every building or structure hereinafter designed, erected or structurally altered or enlarged, shall be regulated by conformance to the requirements of the most recent edition of the international building code. After the effective date hereof, all new structures exceeding two (2) stories in height shall be served with elevators or escalators in addition to the stairways otherwise required by law.
(Ord. 13-01, 9-3-2013; amd. Ord. 20-02, 3-17-2020; Ord. 25-01, 2-18-2025)
9-7C-14: DISTANCE BETWEEN BUILDINGS:
No requirements, providing all necessary parking regulations can be met.
(Ord. 13-01, 9-3-2013; amd. Ord. 25-01, 2-18-2025)
9-7C-15: PERMISSIBLE LOT COVERAGE:
No requirements, except as may be dictated by yard requirements, landscape requirements and compliance with off street parking provisions.
(Ord. 13-01, 9-3-2013; amd. Ord. 25-01, 2-18-2025)
9-7C-16: PARKING, LOADING AND ACCESS:
A. Each lot or parcel in the RT2 zone shall have automobile parking sufficient to meet the requirements as set forth in section 9-3-28 of this title.
B. All parking spaces shall be paved with asphaltic cement or concrete, and shall be provided with adequate drainage which shall not run across a public sidewalk.
C. Parking spaces shall not be provided within a required front yard or side yard adjacent to a public street.
(Ord. 13-01, 9-3-2013; amd. Ord. 25-01, 2-18-2025)
9-7C-17: PROJECT PLAN APPROVAL:
Prior to the construction of any project in the RT2 zone, a project plan shall be submitted and approved. Said project shall be drawn to scale and shall contain all required information designated on the application and/or checklist.
(Ord. 13-01, 9-3-2013; amd. Ord. 25-01, 2-18-2025)
9-7C-18: OTHER REQUIREMENTS:
The following other requirements shall apply to developments within the RT2 zone:
A. Signs: All signs erected in the RT2 zone shall be in conformance with the sign provisions of section 9-3-29 of this title.
B. Uses Within Buildings: All uses established in the RT2 zone shall be conducted entirely within a fully enclosed building, with the exception of service stations associated with convenience stores.
C. Landscaping: Each building or project in the RT2 zone shall be landscaped, which shall be preapproved by the planning commission, subject to the following:
1. Required front yard areas and required side yard areas adjacent to a public street, except those portions devoted to driveways, shall be reasonably landscaped with plants, shrubs, trees, grass and similar landscaping materials (maintained with suitable landscaping of plants, shrubs, trees, grass and similar landscaping materials).
2. All landscaped areas shall have sprinkling and/or irrigation systems.
3. The use of natural landscaping materials with strong visual impact shall be emphasized, including the use of bedding areas with perennial shrubs where appropriate, clustering of trees and large sized plants.
4. Parking areas shall be landscaped where possible around the periphery and at the ends of parking rows in accordance with the landscaping plan approved as part of the project plan approval procedure.
D. Trash And Waste Storage: No trash, used materials or wrecked or nonoperational or abandoned vehicles or equipment shall be stored in an open area or yard. All such materials must be screened from public streets and adjacent property located within the RT2 zones with an opaque fence or wall, or must be stored within an enclosed building. All trash storage areas shall be screened and/or hidden from the public or adjoining residential area view by appropriate fencing and/or landscaping methods and placed in a rear area of the main building, if possible. No hazardous materials or chemicals or oils/solvents shall be stored in areas that do not meet health department regulations or are accessible to the public. Trash storage plans must be presented to the planning commission for approval prior to issuance of a building permit.
E. Walls And Fences:
1. No wall, fence or opaque hedge or screening material higher than thirty six inches (36") shall be maintained within a required front yard in an RT2 zone.
2. A decorative masonry wall at least six feet (6') in height shall be erected along all property lines which lie adjacent to a residential zone.
F. Remodeling In Existing RT2 Zones: If the remodeling of a building in the RT2 zone causes the exterior of the building to be enlarged, the landscaping requirements of this section shall apply, with the following limitations:
1. The requirements of subsection C of this section shall not apply where those requirements would conflict with parking requirements, be incompatible with the design of existing buildings, or impair ingress or egress to existing buildings or parking areas.
2. The requirements of subsection C of this section shall not be applied to require improvements which cost more than five percent (5%) of the total remodeling project.
G. Storage Facilities: All storage facilities shall be enclosed by a fence or wall of a material and screening system that provides adequate security and is architecturally compatible with the district that the facility is in.
(Ord. 13-01, 9-3-2013; amd. Ord. 25-01, 2-18-2025)
9-7D-1: PURPOSE AND OBJECTIVES:
The consolidated business (B) zone is established to provide a district for the accommodation of a wide variety of business activities, including mixed retail uses; light and medium commercial uses; and light manufacturing and light industrial uses. Firms can engage in processing, assembling, manufacturing, warehousing and storage; and for incidental service facilities and public facilities to serve the business area. The zone is intended to encourage sound development by providing and protecting an environment for such developments, subject to regulations necessary to assure the orderly growth of the town and the protection of agricultural and residential land uses from noise and other disturbances. This zone is characterized by flat, open land suited for industrial uses because of the proximity to good transportation routes and the availability of utilities necessary for successful manufacturing or processing. The areas in which this zone is applied provides for land reserves for retail, commercial, industrial and manufacturing uses. Some land may therefore be placed in agricultural and other open land uses until its business development potential is realized. Uses which generate excessive noise, vibration, smoke, odor, dust, fumes or excessive danger of explosion have been excluded from this zone. This zone is designed to accommodate clean manufacturing or industrial types of uses as well as retail and commercial uses. The basic objectives of the B zone are to:
A. Provide space for retail, commercial, light manufacturing and processing uses within the town in appropriate locations and to prohibit uses from locating within this zone which will tend to deteriorate general business and light manufacturing environment, and thwart the use of land for commercial business purposes.
B. Broaden the tax base and improve the job potential and the economic base of the community.
C. Promote new small industry to the end that the economic and social well being of the town and its inhabitants shall be enhanced.
D. Discourage the undesirable mixture of incompatible business uses and residential uses.
(Ord. 13-01, 9-3-2013; amd. Ord. 25-01, 2-18-2025)
9-7D-2: PERMITTED USES:
All permitted uses allowed under the B zone are designated in appendix A to this title (land uses by zone), on file in the town office, which designates each use in the standard land use code format as published and maintained by the planning commission. Those uses or categories of uses as listed therein, and no others, are permitted in the B zone. All such categories listed therein and all specific uses contained within them in the standard land use code will be permitted in the B zone, subject to the limitations set forth herein.
(Ord. 13-01, 9-3-2013; amd. Ord. 25-01, 2-18-2025)
9-7D-3: PERMITTED ACCESSORY USES:
Accessory uses and structures are permitted in the B zone, provided they are incidental to, and do not substantially alter the character of, the permitted principal use or structure. Such permitted uses and structures include, but are not limited to, the following:
Accessory buildings such as equipment storage buildings and supply storage buildings which are customarily used in conjunction with and incidental to a principal use or structure permitted in the B zone.
Storage of materials used for construction of buildings, including the contractor's temporary office; provided, that such use be located on the building site or immediately adjacent thereto; and provided, further, that such use shall be permitted only during the construction period and thirty (30) days thereafter.
(Ord. 13-01, 9-3-2013; amd. Ord. 25-01, 2-18-2025)
9-7D-5: LOT AREA:
There shall be no minimum lot area requirements in the B zone, except as may be dictated by off street parking requirements, adequate circulation and property site utilization.
(Ord. 13-01, 9-3-2013; amd. Ord. 25-01, 2-18-2025)
9-7D-6: BUSINESS AND RESIDENTIAL AREA REQUIREMENTS IN MIXED RESIDENTIAL/BUSINESS USE STRUCTURES:
Mixed residential/business use structures are not permitted.
(Ord. 13-01, 9-3-2013; amd. Ord. 25-01, 2-18-2025)
9-7D-7: LOT WIDTH:
There shall be a minimum thirty five foot (35') requirement for lot width.
(Ord. 13-01, 9-3-2013; amd. Ord. 25-01, 2-18-2025)
9-7D-8: LOT FRONTAGE:
Each lot or parcel of land in the B zone shall have frontage on a public street for a minimum distance of thirty five feet (35').
(Ord. 13-01, 9-3-2013; amd. Ord. 25-01, 2-18-2025)
9-7D-9: PRIOR CREATED LOTS:
Lots or parcels of land which were created prior to the application of this zone shall not be denied a building permit solely for reasons of nonconformance to the parcel requirements of this article.
(Ord. 13-01, 9-3-2013; amd. Ord. 25-01, 2-18-2025)
9-7D-10: AREA OF ZONE:
Each single B zone district shall contain a minimum of fifty (50) acres.
(Ord. 13-01, 9-3-2013; amd. Ord. 25-01, 2-18-2025)
9-7D-11: YARD REQUIREMENTS:
The following yard requirements shall apply in the B zone:
A. Front Yard: Each lot or parcel of land in the B zone shall have a front yard of not less than ten feet (10'). The front yard shall be equal to the average of existing front yards on all parcels of property along the block face in which a building or structure is to be located.
B. Side Yards: There shall be no requirements.
C. Side Yard; Corner Lots: On corner lots, the side yard contiguous with the street shall be not less than ten feet (10') in width, and shall not be used for vehicular parking. Said area shall be appropriately landscaped, except those portions devoted to access and driveway use.
D. Side Yard; Driveway: When used for access to any garage, carport or parking area having less than five (5) parking spaces, a side yard shall be wide enough to accommodate an unobstructed twelve foot (12') paved driveway. When used for access to a garage, carport or parking area having six (6) or more parking spaces, a side yard shall be wide enough to provide an unobstructed fifteen foot (15') paved driveway for one-way traffic, or a twenty foot (20') paved driveway for two-way traffic.
E. Side Yard; Accessory Building: An accessory building may be located on a side property line if, and only if, all of the following conditions are met:
1. An accessory building has no openings on the side which is contiguous to the property line, and the wall of said building adjacent to the property line has a four (4) hour fire retardant rating.
2. The accessory building has facilities for the discharge of all roof drainage onto the lot or parcel on which it is erected.
F. Rear Yard: There shall be no rear yard requirements, except as may be dictated by provisions of the international building code.
G. Rear Yard; Accessory Building: An accessory building may be located on a rear property line if, and only if, all of the following conditions are met:
1. An accessory building has no openings on the side which is contiguous to the property line, and the wall of said building adjacent to the property line has a four (4) hour fire retardant rating.
2. The accessory building has facilities for the discharge of all roof drainage onto the lot or parcel on which it is erected.
(Ord. 13-01, 9-3-2013; amd. Ord. 25-01, 2-18-2025)
9-7D-12: PROJECTIONS INTO YARDS:
A. The following structures may be erected on, or project into, any required yard, except into a required driveway:
1. Fences and walls in conformance with town codes and ordinances;
2. Landscaping elements, including trees, shrubs and other plants;
3. Necessary appurtenances for utility service.
B. The structures listed below may project into a minimum front or rear yard not more than four feet (4'), and into a minimum side yard not more than two feet (2'), except that required driveways shall remain unobstructed from the ground upward:
1. Cornices, eaves, belt courses, sills, buttresses or other similar architectural features;
2. Stairways, balconies, door stoops, fire escapes, awnings and planter boxes or masonry planters not exceeding twenty four inches (24") in height;
3. Carports and loading docks in a side yard or rear yard; provided, that such a structure is not more than one story in height and is entirely open on at least three (3) sides, except for necessary supporting columns and customary architectural features.
(Ord. 13-01, 9-3-2013; amd. Ord. 25-01, 2-18-2025)
9-7D-13: SIDE YARD EXCEPTIONS:
The area of a required side yard shall be open and unobstructed, except for the following and similar uses:
A. The ordinary projections of window sills, belt courses, cornices and other ornamental features to the extent of not more than twelve inches (12").
B. The projection of eaves not more than two feet (2').
C. The projection of a step not over two feet (2').
D. Awnings projecting over doorways and windows not more than three feet (3').
E. A bay window or chimney not over ten feet (10') long projecting not more than two feet (2'), providing such extension maintains the minimum side yard allowable for the smallest side yard in that district.
F. A light or window well not over two feet (2') in width.
G. Walls or fences not more than six feet (6') in height.
H. A driveway leading to a properly located garage or parking area; however, a side yard cannot be used for a parking area except as hereinafter provided, nor for storage, nor can it be hard surfaced in such a way as to make possible the parking of automobiles or other vehicles unless it is a driveway that leads to a garage or a properly located parking area in the rear yard.
I. A detached garage may be located in a side yard, provided said garage meets the requirements specified for the district in which it is located, and the requirements of the building and fire codes for buildings in close proximity to the lot lines.
J. Hot tubs, decks or similar uses at ground level shall be allowed in a side 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. Ord. 25-01, 2-18-2025)
9-7D-14: BUILDING HEIGHT:
In the B zone, the height of every building or structure hereinafter designed, erected or structurally altered or enlarged shall be regulated by conformance to the requirements of the most recent edition of the international building code. After the effective date hereof, all new structures exceeding two (2) stories in height shall be served with elevators or escalators in addition to the stairways otherwise required by law.
(Ord. 13-01, 9-3-2013; amd. Ord. 20-02, 3-17-2020; Ord. 25-01, 2-18-2025)
9-7D-15: DISTANCE BETWEEN BUILDINGS:
No requirements, providing all necessary parking regulations can be met.
(Ord. 13-01, 9-3-2013; amd. Ord. 25-01, 2-18-2025)
9-7D-16: PERMISSIBLE LOT COVERAGE:
No requirements, except as may be dictated by yard requirements, landscape requirements and compliance with off street parking provisions.
(Ord. 13-01, 9-3-2013; amd. Ord. 25-01, 2-18-2025)
9-7D-17: PARKING, LOADING AND ACCESS:
A. Each lot or parcel in the B zone shall have automobile parking sufficient to meet the requirements as set forth in section 9-3-28 of this title.
B. All parking spaces shall be paved with asphaltic cement or concrete, and shall be provided with adequate drainage which shall not run across a public sidewalk.
C. Parking spaces shall not be provided within a required front yard or side yard adjacent to a public street.
(Ord. 13-01, 9-3-2013; amd. Ord. 25-01, 2-18-2025)
9-7D-18: PROJECT PLAN APPROVAL:
Prior to the construction of any project in the B zone, a project plan shall be submitted and approved. Said project shall be drawn to scale and shall contain all required information designated on the application and/or checklist.
(Ord. 13-01, 9-3-2013; amd. Ord. 25-01, 2-18-2025)
9-7D-19: OTHER REQUIREMENTS:
The following other requirements shall apply to developments within the B zone:
A. Signs: All signs erected in the B zone shall be in conformance with the sign provisions of section 9-3-29 of this title.
B. Uses Within Buildings: All uses established in the B zone shall be conducted entirely within a fully enclosed building, except those uses deemed by the planning commission to be customarily and appropriately conducted in the open. Such uses may include, but would not be limited to, service stations, ice skating, miniature golf, plant nurseries, etc.
C. Landscaping: Each building or project in the B zone shall be landscaped which shall be preapproved by the planning commission subject to the following:
1. Required front yard areas and required side yard areas adjacent to a public street, except those portions devoted to driveways, shall be reasonably landscaped with plants, shrubs, trees, grass and similar landscaping materials (maintained with suitable landscaping of plants, shrubs, trees, grass and similar landscaping materials).
2. All landscaped areas shall have sprinkling and/or irrigation systems.
3. All parking areas shall be screened from public streets by a landscaped berm, decorative screening wall, planted hedge or other reasonable methods.
4. The use of natural landscaping materials with strong visual impact shall be emphasized, including the use of bedding areas with perennial shrubs where appropriate, clustering of trees and large sized plants.
5. Parking areas shall be landscaped where possible around the periphery and at the ends of parking rows in accordance with the landscaping plan approved as part of the project plan approval procedure.
D. Trash And Waste Storage: No trash, used materials or wrecked or nonoperational or abandoned vehicles or equipment shall be stored in an open area or yard. All such materials must be screened from public streets and adjacent property located within the B zones with an opaque fence or wall, or must be stored within an enclosed building. All trash storage areas shall be screened and/or hidden from the public or adjoining area view by appropriate fencing and/or landscaping methods and placed in a rear area of the main building if possible. No hazardous materials or chemicals or oils/solvents shall be stored in areas that do not meet health department regulations or are accessible to the public. Trash storage plans must be presented to the planning commission for approval prior to issuance of a building permit.
E. Walls And Fences:
1. No wall, fence or opaque hedge or screening material higher than thirty six inches (36") shall be maintained within a required front yard in a B zone.
2. A decorative masonry wall at least six feet (6') in height shall be erected along all property lines which lie adjacent to a residential zone.
F. Remodeling In Existing B Zones: If the remodeling of a building in the B zone causes the exterior of the building to be enlarged, the landscaping requirements of this section shall apply, with the following limitations:
1. The requirements of subsection C of this section shall not apply where those requirements would conflict with parking requirements, be incompatible with the design of existing buildings or impair ingress or egress to existing buildings or parking areas.
2. The requirements of subsection C of this section shall not be applied to require improvements which cost more than five percent (5%) of the total remodeling project.
G. Storage Facilities: All commercial storage or warehousing facilities shall be enclosed by a fence or wall of a material and screening system that provides adequate security and is architecturally compatible with the consolidated business district neighborhood that the facility is in.
(Ord. 13-01, 9-3-2013; amd. Ord. 25-01, 2-18-2025)
9-7E-1: PURPOSE AND OBJECTIVES:
A. The sensitive lands overlay zone is a special zone that may be placed over any other existing zone that is in an area designated or believed to posses lands that are sensitive due to excessive slopes, ridgeline and hillside visual protection areas, unsuitable or sensitive soils for building, wetlands, stream protection areas, critical wildlife habitats or migration areas, fire hazards, flooding hazards and any other geologic type hazards. The designation of this overlay to a particular zone below it is accomplished by prefixing the zone with the (S) designation. For example: S-A1 would mean that the agricultural one acre zone (A1) would lie either partially or completely within the sensitive lands overlay zone. When used elsewhere as an abbreviation, the sensitive lands overlay zone will be referred to as (SLOZ).
B. The treatment of development proposals in this overlay zone are treated very critically to protect not only the residents of the development, but the developer, project owners and town residents from hazards, potential liability and/or property damage.
(Ord. 13-01, 9-3-2013; amd. Ord. 25-01, 2-18-2025)
9-7E-2: REGULATIONS:
The regulations covering additional studies and treatment of these areas prior to any development taking place are detailed in chapter 10 of this title. All regulations in chapter 10 of this title are in addition to any zone regulations in this chapter or any other studies, conditions or regulations in any other chapter of this title, including, but not limited to, the infrastructure review process outlined in section 9-1-13 of this title, the right to farm provisions of section 9-3-33 of this title, and the subdivision and master planned development (MPD) regulations of chapter 8, articles A through E, and chapter 9 of this title.
(Ord. 13-01, 9-3-2013; amd. Ord. 25-01, 2-18-2025)
9-7E-3: APPLICABILITY OF PARTIALLY COVERED LOTS:
If a property or lot is covered only partially by the sensitive lands overlay zone, all the conditions and regulations of chapter 10 of this title will still apply to that portion, or all of the lot or parcel if the overlay zone covers over fifty percent (50%) of the parcel. All types of development, including any necessary infrastructure needed to service the development, are subject to the environmental impact review and remediation or treatments of impacts derived therefrom, including density transfers, clustering, buildings or facilities relocation or prohibitions from development.
(Ord. 13-01, 9-3-2013; amd. Ord. 25-01, 2-18-2025)
9-7E-4: SUBDIVISION PROPOSALS:
All subdivision proposals within the sensitive lands overlay zone must be submitted and applied for as a master planned development.
(Ord. 13-01, 9-3-2013; amd. Ord. 20-02, 3-17-2020; Ord. 25-01, 2-18-2025)