For the purpose of promoting the public health, safety, morals, convenience, and the general welfare of the community, the town is hereby divided into districts of ten different classifications, each district being of such number, shape, kind, and area, and such common unity of purpose, and adaptability of use that is deemed most suitable to carry out the purpose of this Code.

Table No. 30-218
District Classification

(Code 1988, § 9-4; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

The location and boundaries of the zoning districts established by this Code are denoted and defined as shown on the map entitled "Zoning Districts of Dayton, Virginia," and certified by the town recorder. The map, together with everything shown thereon, is hereby incorporated into this Code as if fully set forth and described herein. The zoning map shall be kept and maintained by the zoning administrator and shall be available for inspection and examination by the public at all reasonable times as any other public record.

(Code 1988, § 9-5; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

The regulations applying to each district include specific limitation on the use of land and structure, height and bulk of structures, density of population, lot area, yard dimension, and area of lot that can be covered by structures.

(Code 1988, § 9-6; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

Where uncertainty exists with respect to the precise location of any of the aforesaid districts shown on the zoning map, the following rules shall apply:

(1)

Boundaries shown as following or approximately following streets, highways, or alleys shall be construed to follow the center lines of such streets, highways or alleys.

(2)

Boundaries shown as following or approximately following platted lot lines or other property lines, such lines shall be construed to be said boundary lines.

(3)

Boundaries shown as following or approximately following the center line of streams, rivers, or other continuously flowing water courses shall be construed as following the channel center line of such water courses.

(4)

Boundaries shown as following or closely following the limits of the town shall be construed as following such limits.

(5)

Where the application of the aforesaid rules leaves a reasonable doubt as to the boundaries between two districts, the regulations of the more restrictive district shall govern the entire parcel in question, unless otherwise determined by the board of zoning appeals.

(6)

Whenever any street, alley, or other public easement is vacated, the district classification of the property to which the vacated portions of land accrued shall become the classification of the vacated land.

(Code 1988, § 9-7; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

Any territory hereafter annexed to the town shall continue to be subject to the county zoning classifications and regulations as such territory was subject at the time of annexation until otherwise changed by rezoning.

(Code 1988, § 9-8; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

This district is intended to be used for low density single-family residential development with accessory uses necessary or compatible with residential surroundings. The additional permitted uses, by review of the town council, includes facilities sometimes required to provide the basic elements of a basic and attractive residential area.

(Code 1988, § 9-23; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008; Ord. of 8-10-2020)

The following uses are permitted in the R-1 Residential District:

(1)

One single-family dwelling, occupied by a family or not more than two unrelated persons.

(2)

Temporary buildings for uses incidental to construction work, which buildings shall be immediately adjacent to the construction work and which shall be removed upon completion or abandonment of the work.

(3)

Neighborhood public utilities.

(4)

Home care facilities, as defined in section 30-9.

(5)

Accessory uses and buildings, provided such uses are incidental to the principal use and do not include any activity commonly conducted as a business. Any accessory building shall be located on the same lot with the principal building. Level one home occupations, as defined in section 30-9.

(6)

Short-term rental, owner-occupied.

(7)

Short-term rental, non-owner-occupied.

(Code 1988, § 9-24; Ord. of 12-3-1990; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008; Ord. of 8-10-2020)

The following uses may be permitted in accordance with provisions contained in division 4, article II of this chapter.

(1)

Schools, as defined in section 30-9.

(2)

Churches or similar places of worship, with accessory structures, but not including missions or revival tents.

(3)

Public parks, playgrounds and playfields, golf courses (but not miniature courses or driving tees operated for commercial purposes), swimming pools and tennis courts.

(4)

Wide-area public utilities.

(5)

Childcare centers, as defined, in conformity with the character of the neighborhood.

(6)

Telecommunications towers and telecommunications antennas, in accordance with division 6 of article VII of this chapter.

(Code 1988, § 9-25; Ord. of 12-3-1990; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008; Ord. of 8-10-2020)

The minimum lot area shall be 10,000 square feet if public water and sewer is available. If only one of such services is available, the minimum lot area shall be 15,000 square feet. If neither is available, the minimum lot area shall be 20,000 square feet. There shall be no more than one dwelling unit on each lot.

(Code 1988, § 9-26; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008; Ord. of 8-10-2020)

For all uses permitted as a manner of right the minimum depth of the front yard shall be 30 feet from the street right-of-way if the street is 50 feet or greater in width. If the street is less than 50 feet in width, then the minimum front yard shall be 60 feet from the center of the street. In no case shall an accessory building be located or extend into the front yard.

(Code 1988, § 9-27; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008; Ord. of 11-11-2013; Ord. of 8-10-2020)

The minimum lot width at the setback line shall be 80 feet. Lots must abut on a public street, not an alley, for a distance of not less than 30 feet.

(Code 1988, § 9-28; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008; Ord. of 8-10-2020)

The minimum depth of each lot shall be 100 feet.

(Code 1988, § 9-29; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008; Ord. of 8-10-2020)

For a single-story dwelling located on interior lots, a side yard shall not be less than ten feet in width and the sum of the two side yards shall be not less than 20 feet. For dwellings of more than one story, there shall be side yards of not less than 15 feet each. Additionally, for dwellings located on corner lots, the side yard abutting the street shall be at least as wide as the minimum front yard depth specified in section 30-257. For unattached buildings of accessory use, there shall be a side yard of not less than ten feet, provided that unattached one-story buildings of accessory use shall not be required to set back more than five feet from an interior side lot line when all parts of the accessory building are located more than ten feet behind the main building.

(Code 1988, § 9-30; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008; Ord. of 11-11-2013; Ord. of 8-10-2020)

For dwellings there shall be a rear yard of not less than 30 feet. Unattached buildings of accessory use shall not be located closer to any rear lot line than five feet.

(Code 1988, § 9-31; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008; Ord. of 8-10-2020)

No dwelling shall exceed 2½ stories or 35 feet in height, whichever is less. Accessory buildings shall not exceed 15 feet in height; provided, however, that the council may allow an accessory building to be as tall as 20 feet, upon the issuance of a special use permit.

(Code 1988, § 9-32; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 2-9-2004; Ord. of 12-10-2007; Ord. of 1-28-2008; Ord. of 8-10-2020)

Dwellings and accessory buildings shall cover not more than 40 percent of the lot area.

(Code 1988, § 9-33; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008; Ord. of 8-10-2020)

The off-street parking requirements are as regulated in article VIII of this chapter.

(Code 1988, § 9-34; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008; Ord. of 8-10-2020)

The sign regulations are as provided in article IX of this chapter.

(Code 1988, § 9-35; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008; Ord. of 8-10-2020)

This district is intended to be used for low to moderate density residential development for single-, two-, three-, or four-family dwellings and townhouse units, as well as other compatible uses.

(Code 1988, § 9-36; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

The following uses are permitted as a matter of right in the R-2 Residential District:

(1)

Any use permitted as a matter of right in the R-1 Residential District.

(2)

Temporary buildings for uses incidental to construction work, which buildings shall be immediately adjacent to the construction work and which shall be removed upon completion or abandonment of the work.

(3)

Neighborhood public utilities.

(4)

Two-, three-, or four-family dwellings and/or townhouses. All dwelling units must be occupied by families and/or not more than four unrelated persons.

(5)

Accessory uses and buildings, provided such uses are incidental to the principal use and do not include any activities commonly conducted as a business. Any accessory buildings shall be located on the same lot with the principal building.

(Code 1988, § 9-37; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

The following uses may be permitted in accordance with provisions contained in division 4 of article II of this chapter:

(1)

Schools, as defined in section 30-9.

(2)

Churches or similar places of worship with accessory structures but not including missions or revival tents.

(3)

Public parks, playgrounds and playfields, golf courses (but not miniature courses or driving tees operated for commercial purposes), swimming pools and tennis courts.

(4)

Wide-area public utilities.

(5)

Agencies and offices rendering specialized services in the professions, finance, insurance, real estate, chiropractors, optometrists, osteopaths, dental laboratories, architects and engineers; also, service agencies not involving on-premises retail or wholesale trade nor maintenance of a stock of goods for display or sale.

(6)

Child care centers, as defined in section 30-9, in conformity with the character of the neighborhood.

(7)

Telecommunications towers and telecommunications antennas, in accordance with division 6 of article VII of this chapter.

(8)

Level two home occupations, as defined in section 30-9, upon a finding by the council that the use would have no adverse effects upon the health, safety, or welfare of the neighborhood; provided, however, that any special use permit issued for a level two home occupation shall be personal to the proprietor to whom the permit is issued and shall not inure to the benefit of his successors in interest.

(Code 1988, § 9-38; Ord. of 12-3-1990; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

Wherever a multiple-family dwelling is constructed in accordance with the regulations of this classification and the structure as a whole meets the requirements of this classification, individual units may be sold without regard to area requirements. No such sale of individual units of a multiple-family dwelling shall be deemed a subdivision. This section is subject to the provisions of division 4 of article VII of this chapter.

(Code 1988, § 9-38.1; Ord. of 10-29-1990; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

The minimum lot area where public water and sewer is available shall be 9,000 square feet for a single-family dwelling, 12,500 square feet for a two-family dwelling, 15,000 square feet for a three-family dwelling and 17,500 square feet for a four-family dwelling. If only one of such services is available, the minimum lot area shall be 150 percent of the foregoing areas. If neither water nor sewer service is available, the minimum lot area shall be 200 percent of that specified where both services are available.

(Code 1988, § 9-39; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

If the dwelling unit fronts on a street of at least 50 feet in width, then the minimum depth of the front yard shall be 30 feet. If the street is less than 50 feet in width, then the setback shall be 60 feet from the center of the street. In no case shall an accessory building be located or extend into the front yard.

(Code 1988, § 9-40; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008; Ord. of 11-11-2013)

The minimum lot width at the setback line shall be 75 feet for a one-family dwelling, 100 feet for a two- or three-family dwelling and 120 feet for a four-family dwelling. Lots must abut on a public street, not an alley, for a distance of not less than 30 feet.

(Code 1988, § 9-41; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

The minimum depth for a single-family dwelling shall be 100 feet, for a two-family dwelling 125 feet, and for a three- or four-family dwelling 150 feet.

(Code 1988, § 9-42; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

Dwellings located on interior lots will require the following side yards: for a single-family dwelling, the sum of the two side yards shall be not less than 20 feet, each side yard to be not less than ten feet in width; for two- or three-family dwellings, each side yard shall be not less than 15 feet in width, but the sum of the two side yards shall be not less than 35 feet; for a four-family dwelling, each side yard shall not be less than 20 feet in width but the sum of the two side yards shall not be less than 45 feet. Additionally, for dwellings located on corner lots, the side yard abutting the street shall be at least as wide as the minimum front yard depth specified in section 30-299. For unattached buildings of accessory use, there shall be a side yard of not less than ten feet, provided that unattached one-story buildings of accessory use shall not be required to set back more than five feet from an interior side lot line when all parts of the accessory buildings are located more than ten feet behind the main building.

(Code 1988, § 9-43; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008; Ord. of 11-11-2013)

All dwellings shall have a minimum rear yard of 30 feet. Unattached buildings of accessory use shall not be located closer to any rear lot line than five feet.

(Code 1988, § 9-44; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

No dwelling shall exceed three stories or 35 feet in height, whichever is less. Accessory buildings shall not exceed 15 feet in height; provided, however, that the council may allow an accessory building to be as tall as 20 feet, upon the issuance of a special use permit.

(Code 1988, § 9-45; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 2-9-2004; Ord. of 12-10-2007; Ord. of 1-28-2008)

For single-, two-, and three-family dwellings the total coverage, including dwellings and accessory buildings, shall not exceed 40 percent of the lot area, and for four-family dwellings, the total coverage shall not exceed 35 percent of the lot area.

(Code 1988, § 9-46; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

The regulations regarding townhouses are contained in division 4 of article VII of this chapter.

(Code 1988, § 9-47; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

The off-street parking regulations are in article VIII of this chapter.

(Code 1988, § 9-48; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

The sign regulations are as provided in article IX of this chapter.

(Code 1988, § 9-49; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

This R-3 Residential District is intended to be used for medium to high density development, residential and institutional use with necessary or compatible accessory uses.

(Code 1988, § 9-50; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

The following uses are permitted as a matter of right in the R-3 Residential District:

(1)

Any use permitted as a matter of right in the R-1 or R-2 residential districts.

(2)

Temporary buildings for uses incidental to construction work, which buildings shall be immediately adjacent to the construction work and which shall be removed upon completion or abandonment of the work.

(3)

Multiple-family dwellings, condominiums, and townhouses. All dwelling units, single-family or otherwise, must be occupied by families and/or not more than five unrelated persons.

(4)

Neighborhood public utilities.

(5)

Accessory uses and buildings, provided such uses are incidental to the principal use and do not include any activity commonly conducted as a business. Any accessory building shall be located on the same lot with the principal building.

(Code 1988, § 9-51; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

The following uses may be permitted in the R-3 Residential District in accordance with provisions contained in division 4 of article II of this chapter:

(1)

Schools, as defined in section 30-9.

(2)

Churches or similar places of worship with accessory structures, but not including missions or revival tents.

(3)

Public parks, playgrounds and playfields, golf courses (but not miniature courses or driving tees operated for commercial purposes), swimming pools and tennis courts.

(4)

Wide-area public utilities.

(5)

Agencies and offices rendering specialized services in the professions, finance, insurance, real estate, chiropractors, optometrists, osteopaths, dental laboratories, architects and engineers; also, service agencies not involving on-premises retail or wholesale trade nor maintenance of a stock of goods for display or sale.

(6)

Hospitals, but not an animal hospital.

(7)

Funeral homes.

(8)

University and college buildings and functions.

(9)

Fraternities, sororities, and denominational student headquarters.

(10)

Residential human care facility, including family care homes, foster homes, or group homes serving mentally retarded or other developmentally disabled persons not related by blood or marriage. No conditions may be imposed on this use as a prerequisite for authorization, except those conditions imposed to ensure compatibility with other permitted uses, and these conditions shall not be more restrictive than those imposed on other dwellings in the same district unless such additional conditions are necessary to protect the health and safety of the residents of such facilities.

(11)

Clubs, fraternities, lodges, meeting places and other organizations not including any use that is customarily conducted as a gainful business.

(12)

Police, fire, and rescue squad stations.

(13)

Post offices.

(14)

Governmental, nonprofit, and charitable agencies, providing services to the public.

(15)

Nursing homes and dwelling units for retirement developments.

(16)

A planned unit development as regulated in article VI of this chapter.

(17)

Child care centers, as defined in section 30-9, in conformity with the character of the neighborhood.

(18)

Telecommunications towers and telecommunications antennas, in accordance with division 6 of article VII of this chapter.

(19)

Level two home occupations, as defined in section 30-9, upon a finding by the council that the use would have no adverse effects upon the health, safety, or welfare of the neighborhood; provided, however, that any special use permit issued for a level two home occupation shall be personal to proprietor to whom the permit is issued and shall not inure to the benefit of his successors in interest.

(Code 1988, § 9-52; Ord. of 12-3-1990; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

State Law reference— Requirements regarding assisted-living facilities, group homes, etc., Code of Virginia, § 15.2-2291.

Wherever a multiple-family dwelling is constructed in accordance with the regulations of this classification and the structure as a whole meets the requirements of this classification, individual units may be sold without regard to area requirements. No such sale of individual units of a multiple-family dwelling shall be deemed a subdivision. This section is subject to the provisions of division 4 of article VII of this chapter.

(Code 1988, § 9-52.1; Ord. of 10-29-1990; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

The lot area requirements in the R-3 Residential District for a single-, two-, three- or four-family dwelling shall be in accordance with the R-2 district. The lot area requirements for other multiple family structures in the R-3 Residential District shall be not less than 17,500 square feet, plus an additional 2,000 square feet for each additional dwelling unit.

(Code 1988, § 9-53; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

If the street on which the dwelling fronts is 50 feet or more in width, then all dwelling units shall be at least 35 feet from the street right-of-way. If the street is less than 50 feet in width, then the setback shall be 60 feet from the center of the street. In no case shall an accessory building be located or extended into the front yard.

(Code 1988, § 9-54; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

Minimum lot width at the setback line in the R-3 residential district shall be 75 feet for a single-family dwelling, 100 feet for a two- or three-family dwelling and 120 feet for all other multiple-family dwellings. Lots must abut on a public street, not an alley, for a distance of not less than 30 feet.

(Code 1988, § 9-55; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

The minimum depth in the R-3 residential district for a single-family dwelling shall be 100 feet; for a two-family dwelling 125 feet and for other multiple-family dwellings 150 feet.

(Code 1988, § 9-56; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

Dwellings located on interior lots in the R-3 Residential District will require the following side yards:

(1)

For a single-family dwelling, the sum of the two side yards shall be not less than 25 feet, each side yard to be not less than ten feet in width; for two- or three-family dwellings, each side yard shall be not less than 15 feet in width but the sum of the two side yards shall be not less than 35 feet; for a four-family and other multiple-family dwellings each side yard shall be not less than 20 feet in width but the sum of the two side yards shall be not less than 45 feet.

(2)

Additionally, for dwellings in the R-3 Residential District located on corner lots, the side yard abutting the street shall be at least as wide as the minimum front yard depth specified in section 30-339. For unattached buildings of accessory use, there shall be a side yard of not less than ten feet; provided, that unattached one-story buildings of accessory use shall not be required to set back more than five feet from an interior side lot line when all parts of the accessory buildings are located more than ten feet behind the main building.

(Code 1988, § 9-57; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

All dwellings in the R-3 Residential District shall have a minimum rear yard of 30 feet. Unattached buildings of accessory use shall not be located closer to any rear lot line than five feet.

(Code 1988, § 9-58; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

Dwellings in the R-3 Residential District shall not exceed three stories or 40 feet in height, whichever is less. Accessory buildings shall not exceed 15 feet in height; provided, however, that the council may allow an accessory building to be as tall as 20 feet, upon the issuance of a special use permit.

(Code 1988, § 9-59; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 2-9-2004; Ord. of 12-10-2007; Ord. of 1-28-2008)

For single-, two-, and three-family dwellings in the R-3 Residential District, the total coverage including dwellings and accessory buildings shall not exceed 40 percent of the lot area and for all other multiple-family dwellings the total coverage shall not exceed 35 percent of the lot area.

(Code 1988, § 9-60; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

The regulations for townhouses in the R-3 Residential District are in division 4 of article VII of this chapter.

(Code 1988, § 9-61; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

The off-street parking regulations for the R-3 Residential District are in article VIII of this chapter.

(Code 1988, § 9-62; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

The regulations regarding signs for the R-3 Residential District are as provided in article IX of this chapter.

(Code 1988, § 9-63; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

The regulations regarding condominiums for the R-3 Residential District are in division 3 of article VII of this chapter.

(Code 1988, § 9-64; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

This B-1 Business District is intended to be used for general business to which the public requires direct and frequent access.

(Code 1988, § 9-65; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008; Ord. of 8-10-2020)

The following uses are permitted as a matter of right in the B-1 Business District:

(1)

(Repealed December 10, 2007.) (Note: With respect to property being used for residential purposes as of December 10, 2007, this repeal shall take effect only upon the transfer (by deed, devise, intestacy, or otherwise) of the property. The previous text read as follows: "Any use permitted as a matter of right in the R-1, R-2, or R-3 Residential Districts but those uses permitted in these residential districts shall be subject to the area regulations, parking, sign, and height regulations of the district in which such use is permitted and if permitted in more than one district then the regulations of the less restrictive district shall prevail. Town houses shall be subject to division 4 of article VII of this chapter. Condominiums are subject to division 3 of article VII of this chapter.")

(2)

The following uses which are permitted with a special use permit in the R-3 Residential District: those set out in section 30-336(1), (2), (3), (7), (8), (10) and (12) through (16).

(3)

Retail stores of less than 20,000 square feet in which substantially all stock is kept indoors.

(4)

Restaurants.

(5)

Veterinary establishments, provided that all animals shall be kept inside soundproofed, air-conditioned buildings.

(6)

Banks.

(7)

Barbershops, beauty parlors, chiropody, or similar personal service shops.

(8)

Garden centers, greenhouses, and nurseries.

(9)

Pet shops.

(10)

Accessory uses and buildings, provided such uses are incidental to the principal use and do not include any activity commonly conducted as a business. Any accessory building shall be located on the same lot with the principal building.

(11)

Temporary buildings for uses incidental to construction work, which buildings shall be immediately adjacent to the construction work and which shall be removed upon completion or abandonment of the work.

(12)

Agencies and offices rendering specialized services in the professions, finance, insurance, real estate, chiropractors, optometrists, osteopaths, dental laboratories, architects and engineers; also, service agencies not involving on-premises retail or wholesale trade nor maintenance of a stock of goods for display or sale:

a.

Neighborhood public utilities.

b.

Short-term rentals, owner-occupied only if located above a business use in the same building.

c.

Short-term rentals, non-owner-occupied only if located above a business use in the same building.

d.

Bed and breakfasts, only if located above a business use in the same building.

(Code 1988, § 9-66; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008; Ord. of 8-10-2020)

The following uses may be permitted in the B-1 Business District in accordance with provisions contained in division 4 of article II of this chapter:

(1)

Residential human care facility, including family care homes, foster homes, or group homes serving mentally retarded or other developmentally disabled persons not related by blood or marriage. No conditions may be imposed on this use as a prerequisite for authorization except those conditions imposed to ensure compatibility with other permitted uses and these conditions shall not be more restrictive than those imposed on other dwellings in the same district unless such additional conditions are necessary to protect the health and safety of the residents of such facilities.

(2)

Residential uses located above a business use, in the same building.

(3)

Upon a clear and convincing showing that the town's interests in promoting a thriving business district will not be infringed, any residential use permitted as a matter-of-right in the R-1, R-2, or R-3 Residential Districts. Notwithstanding the remaining provisions of this division, such uses shall be subject to the area regulations, parking, sign, and height regulations of the district in which such use is permitted (and if permitted in more than one district, then the regulations of the more restrictive district shall prevail).

(4)

Pool halls, bowling alleys, dance halls, and amusement centers.

(5)

Mobile home parks in accordance with division 2 of article VII of this chapter.

(6)

Child care centers, as defined in section 30-9, in conformity with the character of the neighborhood.

(7)

Hotels and motels.

(8)

Service stations, but major repairs shall be under cover, and all tires shall be stored inside.

(9)

General service, automobile repair, other repair shops, provided not more than ten persons are employed on the premises in a single shift (not including persons whose principal duties are off-premises) and provided that all storage and activities are conducted within a building. Examples of repair shops other than automobile repair shops include cleaning and dyeing establishments, laundries, painting, printing and plumbing jobs, dressmaking, millinery and tailoring shops, radio and television repair shops, upholstery and furniture repair shops.

(10)

Auction houses.

(11)

Hospitals.

(12)

Warehouses and commercial storage facilities.

(13)

Other neighborhood retail business uses upon a finding by the town council that such uses are of the same general character as those permitted and which will not be detrimental to other uses within the district or to adjoining land uses.

(14)

Wide-area public utilities.

(15)

Telecommunications towers and telecommunications antennas, in accordance with division 6 of article VII of this chapter.

(Code 1988, § 9-67; Ord. of 12-3-1990; Ord. of 5-1-1995; Ord. of 9-16-1996; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008; Ord. of 8-10-2020)

No minimum lot area is required in the B-1 Business District, except where individual water or sewage disposal systems, as opposed to public systems, are required, then regulations of the state health department and other regulatory bodies must be complied with.

(Code 1988, § 9-68; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008; Ord. of 8-10-2020)

If the street on which the building fronts is 50 feet or more in width, then all buildings in the B-1 Business District shall be at least 25 feet from the street right-of-way. If the street is less than 50 feet in width, then the minimum front yard shall be 50 feet from the center of the street.

(Code 1988, § 9-69; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008; Ord. of 8-10-2020)

No minimum frontage is required in the B-1 Business District, but the building must front on a public street, and not an alley.

(Code 1988, § 9-70; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008; Ord. of 8-10-2020)

No minimum depth is required in the B-1 Business District.

(Code 1988, § 9-71; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008; Ord. of 8-10-2020)

In the B-1 Business District, on the side of a lot adjoining a residential district or a dwelling, there shall be a side yard of not less than 25 feet. There shall be a side yard setback from an intersecting street of not less than 25 feet. In all other cases the side yard for commercial buildings in the B-1 Business District shall not be required.

(Code 1988, § 9-72; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008; Ord. of 8-10-2020)

No rear yard is required in the B-1 Business District except on the rear of a lot adjoining either a residential district or a dwelling and then it is a minimum of 20 feet.

(Code 1988, § 9-73; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008; Ord. of 8-10-2020)

Buildings in the B-1 Business District shall not exceed three stories or 40 feet in height, whichever is less. Accessory buildings shall not exceed 15 feet in height.

(Code 1988, § 9-74; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008; Ord. of 8-10-2020)

The total coverage, including main and accessory buildings, in the B-1 Business District shall not exceed 40 percent of the lot area.

(Code 1988, § 9-75; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008; Ord. of 8-10-2020)

Off-street parking in the B-1 Business District is regulated in article VII of this chapter.

(Code 1988, § 9-76; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008; Ord. of 8-10-2020)

Signs in the B-1 Business District are regulated as provided in article IX of this chapter.

(Code 1988, § 9-77; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008; Ord. of 8-10-2020)

The B-2 Business District is intended to be composed of land and structured use to furnish a wider range of retail goods and services to satisfy the household and personal needs of the neighborhood.

(Code 1988, § 9-78; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008; Ord. of 8-10-2020)

The following uses are permitted as a matter of right in the B-2 Business District:

(1)

All of the uses permitted as a matter of right or with a special use permit in the B-1 Business (except the uses permitted under sections 30-373 and 30-374(1), (2), (3), (14), and (15).

(2)

General service, automobile repair, or other repair shops as permitted under section 30-374(9) but without the limitation as to the number of employees.

(3)

Retail stores permitted under section 30-373(3) but without the limitations as to size and outdoor stock. This section permits but is not limited to automobile dealerships, lumber yards, and manufactured housing lots.

(4)

Radio or television broadcasting stations, studios, or offices, except transmission towers.

(5)

Accessory uses and buildings, provided such uses are incidental to the principal use and do not include any activity commonly conducted as a business. Any accessory building shall be located on the same lot with the principal building.

(6)

Temporary buildings for uses incidental to construction work, which buildings shall be immediately adjacent to the construction work and which shall be removed upon completion or abandonment of the work.

(7)

Neighborhood public utilities.

(Code 1988, § 9-79; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008; Ord. of 8-10-2020)

The following uses may be permitted in the B-2 Business District in accordance with provisions contained in division 4 of article II of this chapter.

(1)

Processing and manufacturing establishments that are not objectionable because of smoke, odor, dust or noise but only when such processing and manufacturing is incidental to a retail business conducted on the premises and where not more than ten persons are employed on the premises in the processing or manufacturing activities.

(2)

Tire recapping and vulcanizing within a completely enclosed building and with no outdoor storage of tires, discarded rubber or similar material.

(3)

Other retail business uses upon finding by the town council that such uses are of the same character as those permitted and which will not be detrimental to other uses within the district or to adjoining land uses.

(4)

Wide-area public utilities.

(5)

Telecommunications towers and telecommunications antennas, in accordance with division 6 of article VII of this chapter.

(6)

Adult businesses.

(7)

Bed and breakfasts, only if located above a business use in the same building.

(Code 1988, § 9-80; Ord. of 12-3-1990; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 7-11-2005; Ord. of 12-10-2007; Ord. of 1-28-2008; Ord. of 8-10-2020)

No minimum lot area is required in the B-2 Business District, except where individual water or sewage disposal systems, as opposed to public systems, are required, then regulations of the state department of health and other regulatory bodies must be complied with.

(Code 1988, § 9-81; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008; Ord. of 8-10-2020)

In the B-2 Business District, if the street on which the building fronts is 50 feet or more in width, then all buildings shall be at least 25 feet from the street right-of-way. If the street is less than 50 feet in width, then the minimum front yard shall be 50 feet from the center of the street.

(Code 1988, § 9-82; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008; Ord. of 8-10-2020)

No minimum frontage is required in the B-2 Business District, but building must front on a public street, but not an alley.

(Code 1988, § 9-83; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008; Ord. of 8-10-2020)

No minimum depth is required in the B-2 Business District.

(Code 1988, § 9-84; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008; Ord. of 8-10-2020)

In the B-2 Business District on the side of a lot adjoining a residential district or a dwelling, there shall be a side yard of not less than 20 feet. There shall be a side yard setback from an intersecting street of not less than 20 feet. In all other cases, the side yard for commercial buildings shall not be required.

(Code 1988, § 9-85; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008; Ord. of 8-10-2020)

In the B-2 Business District, no rear yard is required except on the rear of a lot adjoining either a residential district or a dwelling and then a minimum of 20 feet.

(Code 1988, § 9-86; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008; Ord. of 8-10-2020)

In the B-2 Business District, buildings shall not exceed three stories or 45 feet in height, whichever is less. Accessory buildings shall not exceed 15 feet in height.

(Code 1988, § 9-87; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008; Ord. of 8-10-2020)

In the B-2 Business District, the total lot coverage, including main and accessory buildings, shall not exceed 75 percent of the lot area.

(Code 1988, § 9-88; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008; Ord. of 8-10-2020)

Off-street parking in the B-2 Business District is regulated as provided in article VIII of this chapter.

(Code 1988, § 9-89; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008; Ord. of 8-10-2020)

Signs in the B-2 Business District are regulated as provided in article IX of this chapter.

(Code 1988, § 9-90; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008; Ord. of 8-10-2020)

The M-1 Industrial District is intended primarily for manufacturing, processing, storage, wholesaling, and distribution activities.

(Code 1988, § 9-91; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

The following uses are permitted as a matter of right in the M-1 Industrial District:

(1)

Any use permitted in the B-2 Business District as a matter of right or by special use permit except the uses permitted under section 30-414(7).

(2)

Building material sales or storage yards except materials shall not be extracted from the premises.

(3)

Contractors' equipment storage yards or plants.

(4)

Cold storage, frozen food, and bottling plants.

(5)

Grain and feed manufacturing and storage.

(6)

Veterinary hospitals.

(7)

Other than the uses prohibited under this division, all industrial or manufacturing operations, compounding, processing, packaging, or treatment of products.

(8)

Accessory uses and buildings, provided such uses are incidental to the principal use and do not include any activity commonly conducted as a business. Any accessory building shall be located on the same lot with the principal building.

(9)

Water treatment facilities.

(10)

Sewage treatment facilities.

(11)

Neighborhood public utilities.

(Code 1988, § 9-92; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 7-11-2005; Ord. of 12-10-2007; Ord. of 1-28-2008)

The following uses are prohibited in the M-1 Industrial District:

(1)

Slaughter houses, but this section does not prohibit the killing or processing of poultry.

(2)

Acid manufacturers.

(3)

Ammonia, bleaching powder or chlorine manufacturers.

(4)

Asphalt manufacturers or refining.

(5)

Blast furnaces.

(6)

Boiler works.

(7)

Brick, tile or terracotta manufacturers not requiring ovens.

(8)

Coke ovens.

(9)

Creosote treatment or manufacturers.

(10)

Distillation of bones.

(11)

Fat rendering.

(12)

Dyestuff manufacturers.

(13)

Fertilizer manufacturers.

(14)

Forge plants.

(15)

Fuel manufacturers.

(16)

Gas manufacturers or storage in excess of 1,000 cubic feet.

(17)

Gelatin or glue manufacturers or any process involving recovery from fish or animal material.

(18)

Glass manufacturers.

(19)

Gunpowder manufacturers or storage.

(20)

Incineration or reduction of garbage, dead animals, outfall, or refuse other than by an authorized public agency.

(21)

Iron, steel, brass or copper works or foundry.

(22)

Lime, gypsum or plaster of Paris manufacturers.

(23)

Oil, paint, turpentine or varnish manufacturers.

(24)

Pulp mills.

(25)

Petroleum products.

(26)

Printing ink manufacturers.

(27)

Rendering plant or other comparable processing of fish or animal material.

(28)

Sawmills.

(29)

Melting or refining of metals.

(30)

Soap manufacturing.

(31)

Stockyards.

(32)

Tanning, curing or storage of raw hides or skins or leather dressing or coloring.

(33)

Tar distillation or manufacturers.

(34)

Any use reasonably deemed harmful to health, safety or welfare because of undue noise, vibration, smoke, dust, odor, heat or glare.

(Code 1988, § 9-93; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

The following uses may be permitted in the M-1 Industrial District in accordance with the provisions contained in division 4 of article II of this chapter:

(1)

Wide-area public utilities.

(2)

Telecommunications towers and telecommunications antennas, in accordance with division 6 of article VII of this chapter.

(3)

Any other use which the town council determines is consistent with the character of the M-1 Industrial District zoning classification and which is not unreasonably offensive to owners and occupants of adjacent lands.

(4)

Adult businesses.

(Code 1988, § 9-93.1; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 7-11-2005; Ord. of 12-10-2007; Ord. of 1-28-2008)

No minimum lot area is required in the M-1 Industrial District, except where individual water or sewage disposal systems, as opposed to public systems, are required, then regulations of the state department of health and other regulatory bodies must be complied with.

(Code 1988, § 9-94; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

If the street on which the building fronts is 50 feet or more in width in the M-1 Industrial District, then all buildings shall be at least 25 feet from the street right-of-way. If the street is less than 50 feet in width, then the minimum front yard shall be 50 feet from the center of the street.

(Code 1988, § 9-95; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

No minimum frontage is required in the M-1 Industrial District, but a building must front on a public street, and not an alley.

(Code 1988, § 9-96; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

No minimum depth is required in the M-1 Industrial District.

(Code 1988, § 9-97; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

In the M-1 Industrial District on the side of a lot adjoining a residential district or a dwelling, there shall be a side yard of not less than 15 feet. There shall be a side yard setback from an intersecting street of not less than 15 feet. In all other cases, the side yard for commercial buildings shall not be required.

(Code 1988, § 9-98; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

No rear yard is required in the M-1 Industrial District, except on the rear of a lot adjoining either a residential district or a dwelling and then a minimum of 15 feet.

(Code 1988, § 9-99; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

In the M-1 Industrial District, buildings shall not exceed three stories or 45 feet in height, whichever is less. Accessory buildings shall not exceed 15 feet in height.

(Code 1988, § 9-100; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

The total lot coverage including main and accessory buildings in the M-1 Industrial District shall not exceed 85 percent of the lot area.

(Code 1988, § 9-101; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

Off-street parking in the M-1 Industrial District is regulated as provided in article VIII of this chapter.

(Code 1988, § 9-102; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

Signs in the M-1 Industrial District are regulated as provided in article IX of this chapter.

(Code 1988, § 9-103; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

This classification is intended to allow agriculture and closely related activities.

(Code 1988, § 9-128.1; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008; Ord. of 8-10-2020)

The following uses are permitted as a matter of right in the A-1 Agricultural District:

(1)

Agriculture; general farm use (including the current employment of land and buildings supporting accepted farming practice) for the purpose of raising, harvesting and selling crops or for the feeding, breeding, management and sale of, or the produce of, livestock, fur-bearing animals or honeybees or for dairying and the sale of dairy products or any other agricultural use of animal husbandry or horticultural use or any combination thereof. Farm use shall include the preparation and storage of the products raised on such land for man's use and animal use. Nothing in this section, however, shall authorize poultry houses or hog farms.

(2)

The growing and harvesting of timber and the maintenance of structures needed for the execution of those activities. This shall not include either uses or structures related to the production, manufacture or storage of wood products.

(3)

Public and private conservation areas and structures for the retention of water, soil, open space, forest or wildlife resources.

(4)

Public and private parks, playgrounds, recreational grounds and grounds for games and sports, except those the chief activity of which is carried on, or is customarily carried on as a business.

(5)

Single-family dwellings if incidental to the above listed uses.

(6)

Accessory uses and buildings, provided such uses are incidental to the principal use and do not include any activity commonly conducted as a business. Any accessory building shall be located on the same lot with the principal building.

(7)

Water treatment facilities.

(8)

Sewage treatment facilities.

(9)

Neighborhood public utilities.

(10)

Level one home occupations, as defined in section 30-9.

(11)

Short-term rentals, owner-occupied.

(12)

Short-term rentals, non-owner-occupied.

(13)

Bed and breakfasts.

(Code 1988, § 9-128.2; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008; Ord. of 8-10-2020)

The following uses may be permitted in accordance with provisions contained in division 4 of article II of this chapter:

(1)

Any use permitted by the county's A-1 or A-2 zoning classification by right or as a special use. The primary intent of this subsection is to reduce any hardship on farmers occurring as a result of annexation, by giving them the right to petition the council and be heard, should the county zoning code allow uses not permitted herein.

(2)

Wide-area public utilities.

(3)

Telecommunications towers and telecommunications antennas, in accordance with division 6 of article VII of this chapter.

(4)

Level two home occupations, as defined in section 30-9, upon a finding by the council that the use would have no adverse effects upon the health, safety, or welfare of the neighborhood; provided, however, that any special use permit issued for a level two home occupation shall be personal to proprietor to whom the permit is issued and shall not inure to the benefit of his successors in interest.

(Code 1988, § 9-128.3; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008; Ord. of 8-10-2020)

Notwithstanding any other provision of this chapter:

(1)

The area and dimensional regulations in this division apply to dwellings only;

(2)

Area and dimensional regulations for farm uses shall be established by the board of zoning appeals upon application of the landowner; and

(3)

Other uses shall be controlled by the area and dimensional regulations of the least restrictive zoning classification which allows the use and provides area and dimensional regulations.

(Code 1988, § 9-128.4; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008; Ord. of 8-10-2020)

Minimum lot area shall be 20,000 square feet. There shall be no more than one single-family dwelling unit on each lot.

(Code 1988, § 9-128.5; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008; Ord. of 8-10-2020)

The minimum depth of the front yard shall be 35 feet from the street right-of-way if the street is 50 feet or greater in width; and if the street is less than 50 feet in width, then the minimum front yard shall be 60 feet from the center of the street. In no case shall an accessory building be located or extend into the front yard.

(Code 1988, § 9-128.6; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008; Ord. of 8-10-2020)

The minimum lot width at setback line shall be 100 feet. Lots must abut on a public street, not an alley, for a distance of not less than 30 feet.

(Code 1988, § 9-128.7; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008; Ord. of 8-10-2020)

The minimum depth of each lot shall be 150 feet.

(Code 1988, § 9-128.8; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008; Ord. of 8-10-2020)

For a single-story dwelling the side yard shall be not less than ten feet in width; however, the sum of the two side yards shall be not less than 25 feet. For a dwelling of more than one story there shall be side yards of not less than 15 feet each. For unattached buildings of accessory use, there shall be a side yard of not less than ten feet, provided that unattached single-story buildings of accessory use shall not be required to set back more than five feet from an interior side lot line when all parts of the accessory buildings are located more than ten feet behind the main building.

(Code 1988, § 9-128.9; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008; Ord. of 8-10-2020)

For dwellings, there shall be a rear yard of not less than 35 feet. Unattached buildings of accessory use shall not be located closer to any rear lot line than five feet.

(Code 1988, § 9-128.10; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008; Ord. of 8-10-2020)

No dwelling shall exceed 2½ stories or 35 feet in height, whichever is less. Accessory buildings shall not exceed 15 feet in height.

(Code 1988, § 9-128.11; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008; Ord. of 8-10-2020)

Dwellings and accessory buildings shall cover not more than 40 percent of the lot area.

(Code 1988, § 9-128.12; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008; Ord. of 8-10-2020)

Off-street parking in the A-1 Agricultural District shall be as regulated in article VIII of this chapter.

(Code 1988, § 9-128.13; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008; Ord. of 8-10-2020)

Signs parking in the A-1 Agricultural District shall be as provided in article IX of this chapter.

(Code 1988, § 9-128.14; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008; Ord. of 8-10-2020)

The A-2 Agricultural District is designed primarily to accommodate farming and kindred rural activities, permitting the development of other uses by special use permit.

(Code 1988, § 9-128.15; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008; Ord. of 8-10-2020)

The following uses are permitted in the A-2 Agricultural District:

(1)

Agriculture, general farming, including dairying.

(2)

Orchards.

(3)

Nurseries.

(4)

Churches or similar places of worship, with accessory structures.

(5)

Golf courses, miniature golf courses and golf driving tees.

(6)

Public parks, playgrounds, and playfields.

(7)

Swimming pools and tennis courts.

(8)

Grain storage bins as a primary use.

(9)

Greenhouses.

(10)

Tree farms.

(11)

Wildlife areas, game refuges and forest preserves.

(12)

Single-family dwellings, but not including residential subdivisions.

(13)

Accessory uses and buildings, provided such uses are incidental to the principal use and do not include any activity commonly conducted as a business. Any accessory building shall be located on the same lot with the principal building.

(14)

Agencies and offices rendering specialized services in the professions, finance, insurance, real estate, chiropractors, optometrists, osteopaths, dental laboratories, architects and engineers; also, service agencies not involving on-premises retail or wholesale trade nor maintenance of a stock of goods for display or sale.

(15)

Hospitals, but not an animal hospital.

(16)

Neighborhood public utilities.

(17)

Level one home occupations, as defined in section 30-9.

(18)

Short-term rentals, owner-occupied.

(19)

Short-term rentals, non-owner-occupied.

(20)

Bed and breakfasts.

(Code 1988, § 9-128.16; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008; Ord. of 8-10-2020)

The following uses may be permitted in the A-2 Agricultural District in accordance with provisions contained in division 4 of article II of this chapter:

(1)

Cemeteries and memorial gardens.

(2)

Clubs, fraternities, lodges and meeting places of other organizations, not including any use that is customarily conducted as a gainful business.

(3)

Family campgrounds.

(4)

Home occupations.

(5)

Police, fire and rescue squad stations.

(6)

Raising fur-bearing animals and pelt processing.

(7)

Schools, as defined in section 30-9.

(8)

Funeral homes.

(9)

Gravel pits and quarries.

(10)

Convalescent, nursing and rest homes.

(11)

Machine shops with equipment and materials under cover.

(12)

Manufacture and sale of feed and other farm supplies.

(13)

Radio or television transmitting stations and towers.

(14)

Riding academies and stables.

(15)

Dumps and sanitary landfill operations.

(16)

Shooting range or galleries.

(17)

Farm, lawn and garden machinery and equipment sales and service.

(18)

Airports.

(19)

Roadside stands or markets.

(20)

Blacksmith shops.

(21)

Wineries.

(22)

Water treatment facilities.

(23)

Sewage treatment facilities.

(24)

Mobile home parks in accordance with division 2 of article VII of this chapter.

(25)

Any use permitted the county's A-1 or A-2 zoning classification by right or as a special use. The primary intent of this subsection is to reduce any hardship on farmers occurring as a result of annexation, by giving them the right to petition the council and be heard should the county zoning code allow uses not permitted herein.

(26)

Wide-area public utilities.

(27)

Telecommunications towers and telecommunications antennas, in accordance with division 6 of article VII of this chapter.

(28)

Level two home occupations, as defined in section 30-9, upon a finding by the council that the use would have no adverse effects upon the health, safety, or welfare of the neighborhood; provided, however, that any special use permit issued for a level two home occupation shall be personal to proprietor to whom the permit is issued and shall not inure to the benefit of his successors in interest.

(Code 1988, § 9-128.17; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008; Ord. of 8-10-2020)

Notwithstanding any other provision of this chapter:

(1)

The area and dimensional regulations in this division apply to dwellings only;

(2)

Area and dimensional regulations for farm uses shall be established by the board of zoning appeals upon application of the landowner; and

(3)

Other uses shall be controlled by the area and dimensional regulations of the most restrictive zoning classification which allows the use and provides area and dimensional regulations.

(Code 1988, § 9-128.18; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008; Ord. of 8-10-2020)

Minimum lot area in the A-2 Agricultural District shall be 20,000 square feet. There shall no more than one single-family dwelling unit on each lot.

(Code 1988, § 9-128.19; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008; Ord. of 8-10-2020)

The minimum depth of the front yard in the A-2 Agricultural District shall be 35 feet from the street right-of-way if the street is 50 feet or greater in width; and if the street is less than 50 feet in width, then the minimum front yard shall be 60 feet from the center of the street. In no case shall an accessory building be located or extend into the front yard.

(Code 1988, § 9-128.20; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008; Ord. of 8-10-2020)

The minimum lot width at setback line in the A-2 Agricultural District shall be 100 feet. Lots must abut on a public street, not an alley, for a distance of not less than 30 feet.

(Code 1988, § 9-128.21; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008; Ord. of 8-10-2020)

Minimum depth of each lot in the A-2 Agricultural District shall be 150 feet.

(Code 1988, § 9-128.22; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008; Ord. of 8-10-2020)

In the A-2 Agricultural District, the side yard for a single-story dwelling shall be not less than ten feet in width; however, the sum of the two side yards shall be not less than 25 feet. For a dwelling of more than one story, there shall be side yards of not less than 15 feet each. For unattached buildings of accessory use, there shall be a side yard of not less than ten feet, provided that unattached single-story buildings of accessory use shall not be required to set back more than five feet from an interior side lot line when all parts of the accessory building are located more than ten feet behind the main building.

(Code 1988, § 9-128.23; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008; Ord. of 8-10-2020)

For dwellings in the A-2 Agricultural District there shall be a rear yard of not less than 35 feet. Unattached buildings of accessory use shall not be located closer to any rear lot line than five feet.

(Code 1988, § 9-128.24; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008; Ord. of 8-10-2020)

No dwelling in the A-2 Agricultural District shall exceed 2½ stories or 35 feet in height, whichever is less. Accessory buildings shall not exceed 15 feet in height.

(Code 1988, § 9-128.25; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008; Ord. of 8-10-2020)

Dwellings and accessory buildings in the A-2 Agricultural District shall cover not more than 40 percent of the lot area.

(Code 1988, § 9-128.26; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008; Ord. of 8-10-2020)

Off-street parking in the A-2 Agricultural District shall be as provided in article VIII of this chapter.

(Code 1988, § 9-128.27; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008; Ord. of 8-10-2020)

Signage in the A-2 Agricultural District shall be as provided in article IX of this chapter.

(Code 1988, § 9-128.28; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008; Ord. of 8-10-2020)

The HB-1 Business District is intended to allow a complimentary mix of uses along John Wayland Highway and Mason Street. Low density, low traffic uses are allowed near the highway. Compatible higher density uses are also allowed, provided they are set back from the highway and are organized into developments designed to minimize the burden on the public infrastructure.

(Code 1988, § 9-128.50; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-1-1999; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

The provisions of this division shall apply only to property which is within a Commercial Planned Unit Development (CPUD).

(Code 1988, § 9-128.51; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-1-1999; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

The Commercial Planned Unit Developments are intended to provide optional methods of land development which encourage imaginative solutions to design problems and minimize the burden on public infrastructure. Developments thus established are to be largely self-contained, with as few entrances onto existing streets and highways as possible.

(Code 1988, § 9-128.52; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-1-1999; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

Within a Commercial Planned Unit Development, the following uses are permitted in accordance with an approved master plan:

(1)

Professional, administrative, and clerical offices. This provision, in conjunction with subsection (17) of this section, allows certain goods or equipment to be stored in connection with an administrative office. All goods shall be stored indoors, and all equipment shall be fully screened from view from public highways and other properties. Such screening shall be accomplished through fencing or landscaping.

(2)

Retail stores of less than 25,000 square feet in which substantially all stock is kept indoors. This provision allows gasoline stations, provided that the buildings shall be less than 25,000 square feet and substantially all products for sale are stored indoors or underground.

(3)

Retail stores of any size, without any limitations as to outdoor stock. This subsection permits, but is not limited to, automobile dealerships, lumber yards, and manufactured housing sellers.

(4)

Restaurants.

(5)

Banks and similar financial institutions.

(6)

Hotels and motels.

(7)

General service, automobile repair, other repair shops provided not more than ten persons are employed on the premises in a single shift (not including persons whose principal duties are off-premises) and provided that all storage and activities are conducted within a building. Examples of repair shops other than automobile repair shops are: cleaning and dyeing establishments, laundries, painting, printing and plumbing jobs, dressmaking, millinery and tailoring shops, radio and television repair shops, upholstery and furniture repair shops.

(8)

Radio or television broadcasting stations, studios, or offices, but not transmission towers.

(9)

Nursing homes and retirement home projects.

(10)

Hospitals, but not animal hospitals.

(11)

Personal service establishments, including barbershops, beauty parlors, and similar enterprises.

(12)

Greenhouses and nurseries.

(13)

Recreational uses, including community centers, golf courses, swimming pools, parks, playgrounds or any other public recreational uses.

(14)

Community facilities such as churches and other religious institutions.

(15)

Child care centers, as defined in section n 30-9, in conformity with the character of the neighborhood.

(16)

Bowling alleys.

(17)

Accessory uses and buildings incidental to the principal use.

(18)

Neighborhood public utilities.

(19)

Other neighborhood business uses upon a finding by the town council that such uses are of the same general character as those permitted and which will not be detrimental to other uses within the district or to adjoining land uses.

(Code 1988, § 9-128.53; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-1-1999; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

The minimum size of any Commercial Planned Unit Development shall be five acres of contiguous land. There is no minimum size for individual lots within a CPUD.

(Code 1988, § 9-128.54; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-1-1999; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

(a)

No building within a Commercial Planned Unit Development may be located or maintained within 75 feet of John Wayland Highway or Mason Street.

(b)

Additionally, all buildings within a Commercial Planned Unit Development shall be set back from the perimeter of the Commercial Planned Unit Development by at least 50 feet. This 50-foot setback can be reduced to 30 feet, if the area is planted with dense landscaping sufficient to block sightlines, pedestrian traffic, and vehicular traffic within 15 years. This landscaping must be maintained and replanted as necessary for the buffer reduction to remain in force.

(Code 1988, § 9-128.55; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-1-1999; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

In the Commercial Planned Unit Development, no structure shall exceed three stories or 45 feet in height, whichever is less. Accessory structures shall not exceed 15 feet in height.

(Code 1988, § 9-128.56; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-1-1999; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

The town's standards and policies concerning streets, utilities, drainage, and monuments as expressed in chapter 20 and related addenda shall apply to improvements within Commercial Planned Unit Developments.

(Code 1988, § 9-128.57; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-1-1999; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

(a)

The Commercial Planned Unit Development shall be designed so as to minimize entrances onto John Wayland Highway or Mason Street.

(b)

In no event shall a Commercial Planned Unit Development have more than one entrance within any 500 linear foot segment of John Wayland Highway or Mason Street. Entrance standards and procedures are controlled by the state department of transportation.

(c)

Streets and parking areas within a Commercial Planned Unit Development shall be designed to allow for smooth and efficient traffic flow.

(Code 1988, § 9-128.58; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-1-1999; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

All Commercial Planned Unit Developments shall be designed so as to maintain an appropriate separation between the uses within the Commercial Planned Unit Development and any adjoining agricultural uses.

(Code 1988, § 9-128.59; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-1-1999; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

Off-street parking shall be as regulated in article VIII of this chapter, provided that all parking required for any use within a Commercial Planned Unit Development shall be located within the Commercial Planned Unit Development, notwithstanding any provisions to the contrary in article VIII of this chapter.

(Code 1988, § 9-128.60; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-1-1999; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

Signs within a Commercial Planned Unit Development shall be as provided in article IX of this chapter.

(Code 1988, § 9-128.61; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-1-1999; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

(a)

With respect to land zoned HB-1, a Commercial Planned Unit Development may be established upon the submission of a master plan, which may consist of one or more sheets, and shall show:

(1)

The boundaries of the proposed Commercial Planned Unit Development.

(2)

The overall scheme of development, including the general location of the various types of uses to which the property will be put, and the provision of this chapter which allows the use. (For example, "Bank: section 30-564(5).")

(3)

The general location of all streets and easements of right-of-way, and the location of and specifications for all proposed entrances onto John Wayland Highway, Mason Street, or other existing public streets.

(4)

The general location of all parking areas, and a notation as to the number of parking spaces in each.

(5)

The proposed general location of all buildings and other improvements.

(6)

Reasonably detailed plans for water, sanitary sewer, storm sewer, and other utilities.

(7)

Proposed agreements, rules, or covenants which will govern the use of any property within the development.

(8)

Proposed building types, height, and approximate floor areas.

(9)

Any landscaping required by law.

(b)

The planning commission shall review the master plan and other documents filed and shall issue to the council a recommendation for approval, disapproval, or approval with modification of the layout, scheme of development, deed restrictions, or other matters concerning the development.

(c)

In reviewing the application and the planning commission's recommendation, the council will be guided by the standards and intent expressed in this division. If the council approves the application for the Commercial Planned Unit Development, the owner or developer may proceed to develop any section of the project upon the submission and approval of a final plan for that section. The final plan shall comply in all respects with the requirements for final plats set forth in section 20-70. The final plan need be approved only by the planning commission, which shall issue approval if it complies with this section and it is in substantial compliance with the master plan. Such approval shall be contingent upon the guaranty requirement of subsection (d) of this section.

(d)

Before a final plan is approved, the installation of all improvements required by chapter 20 or any other provision of law shall be guaranteed, as provided in section 20-142.

(Code 1988, § 9-128.62; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-1-1999; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

(a)

Except as provided in subsection (b) of this section, the procedures governing the issuance of new master plans shall govern amendments to existing plans. A master plan is amended through the approval of a superseding plan.

(b)

In an existing Commercial Planned Unit Development, the owner of a portion of the property in the development may apply for the amendment of the master plan as it relates to his property only. Such application will be approved only if the amendment would not materially change the character of the development, all other requirements are met, and the council determines that the amendment is appropriate.

(c)

Any amendments to final plans shall be made in accordance with law pertaining to the amendment of subdivision plats. If a final plan amendment does not entail a master plan amendment, no additional procedures need be followed. If the final plan as amended would deviate from the master plan, the master plan must be amended also.

(Code 1988, § 9-128.63; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-1-1999; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

Upon the abandonment of a project authorized under this section or upon the expiration of two years from the authorization of the Commercial Planned Unit Development which has not by then been commenced, the authorization shall expire, and the land and structures thereon may be used without such approval for any other lawful purpose permissible in the HB-1 Business District.

(Code 1988, § 9-128.64; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-1-1999; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

The purpose of this division is to prevent the loss of life and property, the creation of health and safety hazards, the disruption of commerce and governmental services, the extraordinary and unnecessary expenditure of public funds for flood protection and relief, and the impairment of the tax base by:

(1)

Regulating activities, and development which, alone or in combination with other existing or future uses, activities, and development, will cause unacceptable increases in flood heights, velocities, and frequencies.

(2)

Restricting or prohibiting certain uses, activities, and development from locating within areas subject to flooding.

(3)

Requiring all those uses, activities, and developments that do occur in floodprone areas to be protected and/or floodproofed against flooding and flood damage.

(4)

Protecting individuals from buying land and structures which are unsuited for intended purposes because of flood hazards.

(Code 1988, § 9-135.1; Ord. of 8-6-1990; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

These provisions shall apply to all lands within the jurisdiction of the town and identified as being in the 100-year floodplain by the Federal Insurance Administration.

(Code 1988, § 9-135.2; Ord. of 8-6-1990; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

(a)

No land shall hereafter be developed, and no structure shall be located, relocated, constructed, reconstructed, enlarged, or structurally altered except in full compliance with the terms and provisions of this division and any other applicable ordinances and regulations which apply to uses within the jurisdiction of this division.

(b)

The degree of flood protection sought by the provisions of this division is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur on rare occasions. Flood heights may be increased by manmade or natural causes, such as ice jams and bridge openings restricted by debris. This division does not imply that areas outside the floodplain area, or that land uses permitted within such area will be free from flooding or flood damages.

(c)

This division shall not create liability on the part of the town or any officer or employee thereof for any flood damages that result from reliance on this division or any administrative decision thereunder.

(Code 1988, § 9-135.3; Ord. of 8-6-1990; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

This division supersedes any ordinance currently in effect in floodprone areas. However, any underlying ordinance shall remain in full force and effect to the extent that its provisions are more restrictive than this division.

(Code 1988, § 9-135.4; Ord. of 8-6-1990; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

If any section, subsection, paragraph, sentence, clause, or phrase of this division shall be declared invalid for any reason whatever, such decision shall not affect the remaining portions of this division. The remaining portions shall remain in full force and effect; and for this purpose, the provisions of this division are hereby declared to be severable.

(Code 1988, § 9-135.5; Ord. of 8-6-1990; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Base flood, 100-year flood means the flood having a one percent chance of being equaled or exceeded in any given year.

Base flood elevation means the elevation shown on the flood insurance rate map (FIRM) described in section 30-582 that indicates the water surface elevation resulting from a flood that has a one percent chance of equaling or exceeding that level in any given year.

Basement means any area of a building having its floor subgrade (below ground level) on all sides.

Board of zoning appeals means the board appointed to review appeals made by individuals with regard to decisions of the zoning administrator in the interpretation of this chapter.

Development means any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, the placement of manufactured homes, paving, filling, grading, excavation, mining, dredging, drilling operations, or storage of equipment or materials.

Elevated building means a nonbasement building built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, or columns (posts and piers).

Encroachment means the advance or infringement of uses, plant growth, fill excavation, buildings, permanent structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain.

Existing manufactured home park/subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the initial effective date of the ordinance from which this division is derived.

Expansion to an existing manufactured home park or subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads).

Flood orflooding means:

(1)

A general or temporary condition of partial or complete inundation of normally dry land area from:

a.

The overflow of inland or tidal waters; or

b.

The unusual and rapid accumulation or runoff of surface waters from any source.

(2)

The collapse or subsistence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by some similarly unusual and unforeseeable event with results as defined in subsection (1)a of this definition.

Floodplain or floodprone area means any land area susceptible to being inundated by water from any source.

Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.

Freeboard means a factor of safety usually expressed in feet above a flood level for purposes of floodplain management. The term "freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and hydrological effect of urbanization in the watershed.

Historic structure means any structure that is:

(1)

Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

(2)

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district;

(3)

Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

(4)

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

a.

By an approved state program as determined by the Secretary of the Interior; or

b.

Directly by the Secretary of the Interior in states without approved programs.

Lowest floor means the lowest floor of the lowest enclosed areas (including basement). An unfinished or flood-resistant enclosure, usable solely for parking vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of 44 CFR 60.3.

Manufactured home means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. For floodplain management purposes, the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days.

Manufactured home park/subdivision means a parcel (or contiguous parcels) of land divided into two or more lots for rent or sale.

New construction means, for the purposes of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial flood insurance rate map or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, the term "new construction" means structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.

New manufactured home, park/subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the initial effective date of these regulations.

Recreational vehicle means a vehicle which is:

(1)

Built on a single chassis;

(2)

400 square feet or less when measured at the largest horizontal projection;

(3)

Designed to be self-propelled or permanently towable by a light duty truck; and

(4)

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational camping, travel, or seasonal use.

Shallow flooding area means a special flood hazard area with base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

Special flood hazard area means the land in the floodplain subject to one percent or greater chance of being flooded in any given year as determined as determined under section 30-582.

Start of construction means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, substantial improvement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not the alteration affects the external dimensions of the building.

Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

Substantial improvement means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. The term "substantial improvement" includes structures which have incurred "substantial damage" regardless of the actual repair work performed. The term "substantial improvement" does not, however, include either:

(1)

Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to ensure safe living conditions; or

(2)

Any alteration of a "historic structure," provided that the alteration will not preclude the structures continued designation as a "historic structure."

Watercourse means a lake, river, creek, stream, wash, channel or other topographic feature on or over which waters flow at least periodically. The term "watercourse" includes specifically designated areas in which substantial flood damage may occur.

(Code 1988, § 9-135.6; Ord. of 8-6-1990; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

(a)

Basis of district.

(1)

The Flood Plain District shall include areas to one percent or greater chance of being flooded in any given year. The basis for the delineation of the district shall be the 100-year flood elevations or profiles contained in the flood insurance study for the town, prepared by the Federal Emergency Management Agency, Federal Insurance Administration, dated February 6, 2008, as amended.

(2)

The approximated Flood Plain District shall be that floodplain area for which no detailed flood profiles or elevations are provided, but where a 100-year floodplain boundary has been approximated. Such areas are shown as Zone A on the flood insurance rate map dated February 6, 2008. For these areas, the 100-year flood elevations and floodway information from federal, state, and other acceptable sources shall be used, when available. Where the specific 100-year flood elevation cannot be determined for this area using other sources of data, such as the U.S. Army Corps of Engineers Floodplain Information Reports, U.S. Geological Survey Floodprone Quadrangles, etc., then the applicant for the proposed use, development and/or activity shall determine this elevation in accordance with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough review by the town.

(3)

The Special Flood Plain District shall be those areas identified as either an AE zone or A1-30 zone on the maps accompanying the flood insurance study for which 100-year flood elevations have been provided but for which no floodway has been delineated.

(b)

Overlay concept.

(1)

The Flood Plain District described above shall be overlays to the existing underlying area as shown on the official zoning map, and as such, the provisions for the Flood Plain District shall serve as a supplement to the underlying district provisions.

(2)

In case of any conflict between the provisions or requirements of the Flood Plain District and those of any underlying district the more restrictive provisions and/or those pertaining to the Flood Plain District shall apply.

(3)

In the event any provision concerning a Flood Plain District declared inapplicable as a result of any legislative or administrative actions or judicial decision, the basic underlying provisions shall remain applicable.

(Code 1988, § 9-135.7; Ord. of 8-6-1990; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008; Ord. of 2-6-2008)

The boundaries of the Flood Plain District are established as shown on the flood insurance rate map which is declared to be a part of this division and which shall be kept on file in the office of the town manager.

(Code 1988, § 9-135.8; Ord. of 8-6-1990; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

The delineation of any of the Flood Plain District may be revised by the town council where natural or manmade changes have occurred or where more detailed studies have been conducted or undertaken by the U.S. Army Corps of Engineers or other qualified agency, or an individual documents the need for such change. However, prior to any such change, approval must be obtained from the Federal Insurance Administration.

(Code 1988, § 9-135.9; Ord. of 8-6-1990; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

Initial interpretations of the boundaries of the Flood Plain District shall be made by the zoning officer. Should a dispute arise concerning the boundaries of any of the district, the board of zoning appeals shall make the necessary determination. The person questioning or contesting the location of the district boundary shall be given a reasonable opportunity to present his case to the board and to submit his own technical evidence if he so desires.

(Code 1988, § 9-135.10; Ord. of 8-6-1990; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

(a)

Permit requirement. All uses, activities, and development occurring within any Flood Plain District shall be undertaken only upon the issuance of a zoning permit. Such development shall be undertaken only in strict compliance with the provisions of this division and with all other applicable codes and ordinances, such as the uniform statewide building code and the subdivision regulations in chapter 20. Prior to the issuance of any such permit, the zoning officer shall require all applications to include compliance with all applicable state and federal laws. Under no circumstance shall any use, activity, and/or development adversely affect the capacity of the channels or floodways of any watercourse, drainage ditch, or any other drainage facility or system.

(b)

Alteration or relocation of watercourse. Prior to any proposed alteration or relocation of any channels or of any watercourse, stream, etc., within this jurisdiction, a permit shall be obtained from the U.S. Army Corps of Engineers, the state marine resources commission, the state water control board (a joint permit application is available from anyone of these organizations). Notification of the proposal shall be given to all adjacent jurisdictions, the division of dam safety and floodplain management (department of conservation and recreation), and the Federal Insurance Administration.

(c)

Site plans and permit applications. All applications for development in the Flood Plain District and all building permits issued for the floodplain shall incorporate the following information:

(1)

For structures to be elevated, the elevation of the lowest floor (including basement).

(2)

For structures to be floodproofed (nonresidential only), the elevation to which the structure will be floodproofed.

(3)

The elevation of the 100-year flood.

(4)

Topographic information showing existing and proposed ground elevations.

(d)

Encroachment provisions.

(1)

No new construction or development shall be permitted within the Flood Plain District unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the elevation of the 100-year flood more than one foot at any point.

(2)

Within any floodway area, no encroachments, including fill, new construction, substantial improvements or other development shall be permitted unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in the 100-year flood elevation.

(e)

Manufactured homes.

(1)

Manufactured homes that are placed or substantially improved on sites:

a.

Outside of a manufactured home park or subdivision;

b.

In a new manufactured home park or subdivision;

c.

In an expansion to an existing manufactured home park or subdivision;

d.

In an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage as the result of a flood;

shall be elevated on a permanent foundation such that the lowest referenced elevation of the manufactured home is elevated to a minimum of one foot above the base flood elevation and is securely anchored to an adequately anchored foundation system to resist floatation collapse and lateral movement.

(2)

Manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision that are not subject to the provisions of subsection (e)(1) of this section shall be elevated so that either:

a.

The lowest floor of the manufactured home is at or above the base flood elevation; or

b.

The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above-grade and securely anchored to an adequately anchored foundation system to resist floatation, collapse, and lateral movement.

(f)

Recreational vehicles. Recreational vehicles shall either:

(1)

Be on the site for fewer than 180 consecutive days;

(2)

Be fully licensed and ready for highway use; or

(3)

Meet the permit requirements for placement and the elevation and anchoring requirements for manufactured homes in subsection (e) of this section.

A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions.

(Code 1988, § 9-135.11; Ord. of 8-6-1990; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

(a)

Sanitary sewer facilities. All new or replacement sanitary sewer facilities and private package sewage treatment plants (including all pumping stations and collector systems) shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into the floodwaters. In addition, they should be located and constructed to minimize or eliminate flood damage and impairment.

(b)

Water facilities. All new or replacement water facilities shall be designed to minimize or eliminate infiltration of floodwaters into the system and be located and constructed to minimize or eliminate flood damages.

(c)

Drainage facilities. All storm drainage facilities shall be designed to convey the flow of surface waters without damage to persons or property. The systems shall ensure drainage away from buildings and onsite waste disposal sites. The town may require a primarily underground system to accommodate frequent floods and a secondary surface system to accommodate larger, less frequent floods. Drainage plans shall be consistent with local and regional drainage plans. The facilities shall be designed to prevent the discharge of excess runoff onto adjacent properties.

(d)

Utilities. All utilities, such as gas lines, electrical and telephone systems being placed in floodprone areas should be located, elevated (where possible), and constructed to minimize the chance of impairment during a flooding occurrence.

(e)

Streets and sidewalks. Streets and sidewalks should be designed to minimize their potential for increasing and aggravating the levels of flood flow. Drainage openings shall be required to sufficiently discharge flood flows without unduly increasing flood heights.

(Code 1988, § 9-135.12; Ord. of 8-6-1990; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

(a)

In passing upon applications for variances, the board of zoning appeals shall satisfy all relevant factors and procedures specified in other sections of the zoning ordinance and consider the following additional factors:

(1)

The danger to life and property due to increased flood heights or velocities caused by encroachments. No variance shall be granted for any proposed use, development, or activity within any floodway area that will cause any increase in the 100-year flood elevation.

(2)

The danger that materials may be swept onto other lands or downstream to the injury of others.

(3)

The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions.

(4)

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners.

(5)

The importance of the services provided by the proposed facility to the community.

(6)

The requirements of the facility for a waterfront location.

(7)

The availability of alternative locations not subject to flooding for the proposed use.

(8)

The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.

(9)

The relationship of the proposed use to the comprehensive plan and floodplain management program for the area.

(10)

The safety of access by ordinary and emergency vehicles to the property in time of flood.

(11)

The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site.

(12)

The repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

(13)

Such other factors which are relevant to the purposes of this division.

(b)

The board of zoning appeals may refer any application and accompanying documentation pertaining to any request for a variance to any engineer or other qualified person or agency for technical assistance in evaluating the proposed project in relation to flood heights and velocities, and the adequacy of the plans for flood protection and other related matters.

(c)

Variances shall be issued only after the board of zoning appeals has determined that the granting of such will not result in unacceptable or prohibited increases in flood heights, additional threats to public safety, extraordinary public expense, and will not create nuisances, cause fraud or victimization of the public, or conflict with local laws or ordinances.

(d)

Variances shall be issued only after the board of zoning appeals has determined that variance will be the minimum required to provide relief from exceptional hardship to the applicant.

(e)

The board of zoning appeals shall notify the applicant for a variance, in writing, that the issuance of a variance to construct a structure below the 100-year flood elevation increases the risks to life and property and will result in increased premium rates for flood insurance.

(f)

A record shall be maintained of the above notification as well as all variance actions, including justification for the issuance of the variances. Any variances which are issued shall be noted in the annual or biennial report submitted to the Federal Insurance Administrator.

(Code 1988, § 9-135.13; Ord. of 8-6-1990; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

The substantial damage or substantial improvement of any structure shall require the entire structure to be brought into full compliance with the provisions of this division.

(Code 1988, § 9-135.14; Ord. of 8-6-1990; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)