40.- SUPPLEMENTAL DISTRICT REGULATIONS
Unless otherwise specified, district boundaries are lot lines or the centerline of streets, alleys, railroad right of way, or such lines extended. Where a district divides a land parcel under a single ownership into two districts, then the entire parcel shall be zoned for the less restrictive use by the adjustment of the boundaries, provided the boundary is a distance of less than 20 feet. If the adjustment involves a distance of more than 20 feet, the procedures for a district change shall be followed.
(Ord. No. 214 § 7-101, 1984)
Cornices, eaves, canopies, sunshades, gutters, chimneys, flues, belt courses, leaders, sills, pilasters, lintels, ornamental features and other similar architectural features may project not more than three feet into a required yard or into required open space as established by coverage standards.
(Ord. No. 214 § 7-102, 1984)
No lot area, yard or other open space, or required off street parking or loading area existing on or after the effective date of these regulations shall be reduced in area, dimension or size below the minimum required by this title, nor shall any lot area which is required by this title for one use be used as the lot area, yard, or other open space or off street parking or loading area requirement for any other use.
(Ord. No. 214 § 7-103, 1984)
If, at the time of passage of the ordinance codified in this title, a lot or the aggregate of contiguous lots or land parcels held in a single ownership has an area or dimension which does not meet the lot size requirements of the district in which the property is located, the lot or aggregate holdings may be occupied by any use permitted outright in the district subject to the other requirements of the district, and providing, if there is an area deficiency, residential use shall be limited to a single-family residence. The minimum lot size requirements of I districts shall not apply to utility installations such as electric substations, sewer lift stations, telephone exchanges, gas regulators and major transmission lines (not including utility offices, repair, storage or production facilities).
(Ord. No. 214 § 7-104, 1984)
The following exception to the front yard requirement for a dwelling is authorized for a lot in any district. If there are dwellings on both abutting lots with front yards of less than the required depth for the district, the front yard for the lot need not exceed the average front yard of the abutting dwellings. If there is a dwelling on one abutting lot with a front yard of less than the required depth for the district, the front yard for the lot need not exceed a depth halfway between the depth of the abutting lot and the required front yard depth.
(Ord. No. 214 § 7-105, 1984)
The following types of structures or structural parts are not subject to the building height limitations of this title: chimneys, tanks, church spires, belfries, domes, monuments, fire and hose towers, observation towers, transmission towers, masts, aerials, cooling towers, elevator shafts, and other similar projections.
(Ord. No. 214 § 7-106, 1984)
All lots shall abut a street other than an alley for a width of at least 25 feet.
(Ord. No. 214 § 7-107, 1984)
(a)
Junk yards (salvage yards) shall be screened with an eight-foot-high opaque, solid fence or earth berm so as to provide visual and aural separation between such use and adjacent areas.
(b)
All extractive industries shall be screened by means of plant materials, earth mounding, or solid fencing at least six feet in height to provide visual and aural separation between such use and adjacent areas.
(c)
No fence or screening shrub shall be placed on a corner lot or within 50 feet of the corner exceeding a height of four feet. No such fence or shrub shall be placed within the town rights of way.
(d)
Any fence or screening shrub that is to be placed on a corner lot or within 50 feet of the corner shall require a building permit prior to construction or placement of the shrub or fence.
(Ord. No. 214 § 7-108, 1984)
Extractive industries and salvage junk yards shall be located a minimum of 300 feet from any residential district.
(Ord. No. 214 § 7-109, 1984)
(a)
Cows, horses, sheep, goats, poultry or other fowl shall not be kept on lots having an area of less than one acre, and under no circumstances shall they be kept for commercial uses.
(b)
Domestic rabbits shall not be kept on lots having an area of less than one-half acre.
(c)
Animal runs or barns and chicken or fowl pens shall be located on the rear half of the lot but no closer than 70 feet from the front lot line nor closer than 50 feet from any residence.
(d)
Animals, chicken and fowl shall be properly caged or housed and proper sanitation shall be maintained at all times. All animal or poultry food shall be stored in metal or other rodentproof containers.
(e)
Should the owner or owners of livestock, chickens or other fowl within the corporate limits of the town allow or cause to allow, livestock, chickens or other fowl to create a nuisance by neglect, unsanitary health conditions, excessive odor, or to allow such livestock, chickens or other fowl to cause property damage, such owner may be charged with a misdemeanor violation after a complaint has been filed with the authorized law enforcement within the town. Upon conviction of any such violation, the owner or owners may be fined a sum not to exceed $100.00.
(Ord. No. 214 § 7-110, 1984)
Only one building devoted to use for which the lot is zoned shall be permitted on any lot.
(Ord. No. 214 § 7-111, 1984)
Any use permitted in a zoning district which intends to conduct a portion or all of its business with persons desiring to remain in their automobiles or which allows products to be consumed on the premises outside the principal building, must submit a site plan to be reviewed and approved by the governing body. In reviewing and approving the site plan for such a use, the governing body must be satisfied that the traffic circulation on and adjacent to the site conforms to the following criteria:
(a)
Traffic circulation shall be arranged so that internal pedestrian and vehicular movement are compatible and traffic hazards are minimized.
(b)
Traffic circulation, ingress and egress shall be arranged so as to avoid hazardous or adverse effects on adjacent sites and streets.
(Ord. No. 214 § 7-112, 1984)
(a)
In no case shall a commercial vehicle used for hauling explosives, gasoline or liquified petroleum products be permitted.
(b)
Storage and parking of mobile homes and trailers shall be subject to the requirements specified in chapter 17.68, "mobile home parks" of this title, and any other pertinent ordinances.
(Ord. No. 214 § 7-113, 1984)
Residential storage sheds shall be governed by the following setback requirements:
(a)
Minimum front yard:
(1)
For all lots with an area of one acre or larger, the minimum front setback shall be no less than 30 feet.
(2)
For all lots with an area of less than one acre, the minimum front setback shall be no less than 20 feet.
(b)
Minimum side yard: Ten feet on one side and ten feet on the other side, except that on corner lots, the setback for the shed shall be a minimum of 20 feet on the side abutting a street or 30 feet if the lot is one acre or larger.
(c)
Minimum rear yard: Where an alley or easement is plotted, the setback shall be no less than ten feet from the center of the easement or alley. Where there is no alley or easement, the setback shall be no less than five feet from the rear lot line.
(Ord. No. 249 § 1, 1987)
40.- SUPPLEMENTAL DISTRICT REGULATIONS
Unless otherwise specified, district boundaries are lot lines or the centerline of streets, alleys, railroad right of way, or such lines extended. Where a district divides a land parcel under a single ownership into two districts, then the entire parcel shall be zoned for the less restrictive use by the adjustment of the boundaries, provided the boundary is a distance of less than 20 feet. If the adjustment involves a distance of more than 20 feet, the procedures for a district change shall be followed.
(Ord. No. 214 § 7-101, 1984)
Cornices, eaves, canopies, sunshades, gutters, chimneys, flues, belt courses, leaders, sills, pilasters, lintels, ornamental features and other similar architectural features may project not more than three feet into a required yard or into required open space as established by coverage standards.
(Ord. No. 214 § 7-102, 1984)
No lot area, yard or other open space, or required off street parking or loading area existing on or after the effective date of these regulations shall be reduced in area, dimension or size below the minimum required by this title, nor shall any lot area which is required by this title for one use be used as the lot area, yard, or other open space or off street parking or loading area requirement for any other use.
(Ord. No. 214 § 7-103, 1984)
If, at the time of passage of the ordinance codified in this title, a lot or the aggregate of contiguous lots or land parcels held in a single ownership has an area or dimension which does not meet the lot size requirements of the district in which the property is located, the lot or aggregate holdings may be occupied by any use permitted outright in the district subject to the other requirements of the district, and providing, if there is an area deficiency, residential use shall be limited to a single-family residence. The minimum lot size requirements of I districts shall not apply to utility installations such as electric substations, sewer lift stations, telephone exchanges, gas regulators and major transmission lines (not including utility offices, repair, storage or production facilities).
(Ord. No. 214 § 7-104, 1984)
The following exception to the front yard requirement for a dwelling is authorized for a lot in any district. If there are dwellings on both abutting lots with front yards of less than the required depth for the district, the front yard for the lot need not exceed the average front yard of the abutting dwellings. If there is a dwelling on one abutting lot with a front yard of less than the required depth for the district, the front yard for the lot need not exceed a depth halfway between the depth of the abutting lot and the required front yard depth.
(Ord. No. 214 § 7-105, 1984)
The following types of structures or structural parts are not subject to the building height limitations of this title: chimneys, tanks, church spires, belfries, domes, monuments, fire and hose towers, observation towers, transmission towers, masts, aerials, cooling towers, elevator shafts, and other similar projections.
(Ord. No. 214 § 7-106, 1984)
All lots shall abut a street other than an alley for a width of at least 25 feet.
(Ord. No. 214 § 7-107, 1984)
(a)
Junk yards (salvage yards) shall be screened with an eight-foot-high opaque, solid fence or earth berm so as to provide visual and aural separation between such use and adjacent areas.
(b)
All extractive industries shall be screened by means of plant materials, earth mounding, or solid fencing at least six feet in height to provide visual and aural separation between such use and adjacent areas.
(c)
No fence or screening shrub shall be placed on a corner lot or within 50 feet of the corner exceeding a height of four feet. No such fence or shrub shall be placed within the town rights of way.
(d)
Any fence or screening shrub that is to be placed on a corner lot or within 50 feet of the corner shall require a building permit prior to construction or placement of the shrub or fence.
(Ord. No. 214 § 7-108, 1984)
Extractive industries and salvage junk yards shall be located a minimum of 300 feet from any residential district.
(Ord. No. 214 § 7-109, 1984)
(a)
Cows, horses, sheep, goats, poultry or other fowl shall not be kept on lots having an area of less than one acre, and under no circumstances shall they be kept for commercial uses.
(b)
Domestic rabbits shall not be kept on lots having an area of less than one-half acre.
(c)
Animal runs or barns and chicken or fowl pens shall be located on the rear half of the lot but no closer than 70 feet from the front lot line nor closer than 50 feet from any residence.
(d)
Animals, chicken and fowl shall be properly caged or housed and proper sanitation shall be maintained at all times. All animal or poultry food shall be stored in metal or other rodentproof containers.
(e)
Should the owner or owners of livestock, chickens or other fowl within the corporate limits of the town allow or cause to allow, livestock, chickens or other fowl to create a nuisance by neglect, unsanitary health conditions, excessive odor, or to allow such livestock, chickens or other fowl to cause property damage, such owner may be charged with a misdemeanor violation after a complaint has been filed with the authorized law enforcement within the town. Upon conviction of any such violation, the owner or owners may be fined a sum not to exceed $100.00.
(Ord. No. 214 § 7-110, 1984)
Only one building devoted to use for which the lot is zoned shall be permitted on any lot.
(Ord. No. 214 § 7-111, 1984)
Any use permitted in a zoning district which intends to conduct a portion or all of its business with persons desiring to remain in their automobiles or which allows products to be consumed on the premises outside the principal building, must submit a site plan to be reviewed and approved by the governing body. In reviewing and approving the site plan for such a use, the governing body must be satisfied that the traffic circulation on and adjacent to the site conforms to the following criteria:
(a)
Traffic circulation shall be arranged so that internal pedestrian and vehicular movement are compatible and traffic hazards are minimized.
(b)
Traffic circulation, ingress and egress shall be arranged so as to avoid hazardous or adverse effects on adjacent sites and streets.
(Ord. No. 214 § 7-112, 1984)
(a)
In no case shall a commercial vehicle used for hauling explosives, gasoline or liquified petroleum products be permitted.
(b)
Storage and parking of mobile homes and trailers shall be subject to the requirements specified in chapter 17.68, "mobile home parks" of this title, and any other pertinent ordinances.
(Ord. No. 214 § 7-113, 1984)
Residential storage sheds shall be governed by the following setback requirements:
(a)
Minimum front yard:
(1)
For all lots with an area of one acre or larger, the minimum front setback shall be no less than 30 feet.
(2)
For all lots with an area of less than one acre, the minimum front setback shall be no less than 20 feet.
(b)
Minimum side yard: Ten feet on one side and ten feet on the other side, except that on corner lots, the setback for the shed shall be a minimum of 20 feet on the side abutting a street or 30 feet if the lot is one acre or larger.
(c)
Minimum rear yard: Where an alley or easement is plotted, the setback shall be no less than ten feet from the center of the easement or alley. Where there is no alley or easement, the setback shall be no less than five feet from the rear lot line.
(Ord. No. 249 § 1, 1987)