(a)

Purpose. The purpose of the general development standards contained herein is to provide standards for general lot requirements; utilities; recreation vehicles; factory-built homes and manufactured homes; environmental quality; off-street parking and landscaping; the organization and layout of buildings, parking areas and landscaped areas; and guidelines on building design so as to promote the general health, safety and welfare of residents of the community.

(b)

Intent. The intent of this Section is to encourage the creation of safe, adequate and attractive uses or activities through use of sound design principles and establishment of minimum requirements. The standards set forth herein are recognized as enhancing the compatibility of dissimilar uses and strengthening property values.

(c)

Application. In addition to the requirements contained elsewhere in this Section II, all uses of land and structures within the Town shall be governed by the general development standards contained in this Section. The general requirements and development standards of this Section II shall not be retroactive on existing uses. However, these standards shall apply to all uses in all zoning districts under the following circumstances:

(1)

New buildings and uses of land.

a.

Additions involving expansion of the gross floor area or developed site area by twenty (20%) percent or more above that in existence prior to May 18, 2000, the effective date of the ordinance codified herein.

b.

There is a change in the use of the building or land which requires a change in the zoning district or a special review permit.

(d)

Administration. Prior to issuance of a building permit, special use permit or granting of a change in use in any zoning district for any property, the applicant shall demonstrate that the property will comply with all applicable regulations in this Section II:

(1)

All buildings, parking areas, landscaping, signs and other improvements addressed by the development standards in this Section II shall be constructed and installed in accordance with the approved plans prior to issuance of a certificate of occupancy for the building or use.

(2)

The Building Official may allow certain improvements to be constructed or installed within an agreed-upon time allowing for seasonal changes. Such arrangements may involve performance bonds or other methods as deemed appropriate by the Building Official to assure eventual compliance with this Section II.

(3)

The Town Administrator may permit in a particular zone a permitted use or temporary use not listed in this Section II, provided that such use is of the same general type as the uses permitted by this Chapter, with Board approval.

(e)

General lot requirements.

(1)

Every building shall be located and maintained on a lot or contiguous lot as defined in this Section II.

(2)

No lot shall be created to contain more dwellings than are permitted by the regulations of the zoning district in which it is located.

(3)

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

(4)

No parcel of land which has less than the minimum width, depth and area requirements for the zone in which it is located may be divided from a larger parcel of land for the purpose of building on or development as a lot.

(5)

Each lot or parcel in separate ownership shall have at least twenty-five (25) lineal feet of frontage on a public street unless otherwise provided elsewhere in this Section II or under planned unit development plans. Each principal building devoted wholly or in part to residential use shall be located on a lot contiguous to a public street with permanent access to the public street sufficient to allow ingress and egress for emergency vehicles providing emergency services to the principal building.

(6)

No lot area, yard, open space, off-street parking or loading area which is required by this Section II for one (1) use shall be used to meet the required lot area, yard, open space, off-street parking or loading area of another use unless authorized by the Town Administrator and as provided under the parking regulations of Section 7-2-29.

(f)

Setback requirements.

(1)

Transition: Where a lot in a nonresidential zone district shares a common side lot line with a lot in a residential district, the required side yard setback of the residential district shall apply along the common lot line to the property in the nonresidential zone district. Where a commercial corner lot immediately adjoins a residential lot, and the side yard lot line of the residential lot coincides with the rear lot line of the nonresidential lot, then the minimum side yard setback of the nonresidential lot on the side adjacent to the street on which the residential lot fronts shall be at least one-half (½) of the required front yard setback applicable to the residential lot.

(2)

Partially developed frontages: When a vacant lot is bordered on two (2) sides by previously constructed buildings both of which do not meet the required front yard setback applicable to the district, the required front yard setback for the vacant lot shall be established as the average front yard setback of the two (2) existing adjacent buildings. Where a vacant lot is bordered on only one (1) side by a previously constructed building which does not meet the required front yard setback for the district, the required front yard setback for the vacant lot shall be established as the average front yard setback of the adjacent building and the minimum required front yard setback for the district.

(3)

Irregular shaped lots: If a lot is not rectangular or square in shape, and a building is constructed so that one (1) side of the building is parallel to an adjacent street or right-of-way, the setback between the building line and that lot line which is not parallel to the building line may be calculated as the average of the nearest and farthest distances between the building corners and the lot line, except that the minimum setback at any point shall not be less than five (5) feet.

(g)

Land dedications. Land designed as conservation land or open space through dedication, reservation or easement for any reason shall be indicated as such on the appropriate zoning district map. Such land and facilities shall be built and maintained either by a unit of government, by a nonprofit corporation or by private interests as part of a subdivision or development of land for use by the inhabitants thereof; ownership of the land may be deeded or reserved to a property owner's association or it may be dedicated to the public; or as required by any condition for granting of a zone district or Planned Unit Development amendment, including designation of a park or other open recreation use.

(h)

Utilities. All new transmission and distribution lines shall be placed underground, unless the Town Board authorizes in writing overhead installation. Such authorization shall be granted if the Town Board finds at a hearing that overhead installation is necessary, no reasonable alternative to overhead lines exists and overhead installation will meet the purposes of this Section II. Nothing in this Chapter shall be construed to prohibit construction or installation of a public utility use or structure necessary for transmission of commodities or services of a utility company, through mains or distribution lines, in any zone district. Storage, maintenance facilities, substation or exchanges and business offices shall be restricted by special review to their appropriate zone district.

(i)

Recreational vehicles and factory-built homes.

(1)

No recreational vehicle, camper, motor home, trailer or similar vehicle shall be used for a dwelling unit, accessory building, home occupation or other use except when located in an approved development park for such uses, and no business shall be conducted within such equipment while parked or stored unless the Town Administrator has given approval as a temporary use.

(2)

Manufactured housing is not allowed in any zone except by temporary permit or use by special review.

(3)

Factory-built homes: All modular structures and factory-built homes shall meet the following criteria to be eligible for a certificate of occupancy:

a.

Must comply with all requirements of this Chapter and Chapter 6, as well as all other applicable chapters within the this Code;

b.

Must be partly or entirely commercially manufactured in a factory;

c.

Must be not less than twenty-four (24) feet wide nor less than thirty-six (36) feet long;

d.

Must be installed on a permanent foundation which has been certified by a professional engineer licensed by the State;

e.

Must have wood, brick or equivalent siding and a pitched or gabled roof;

f.

Is certified pursuant to the "National Manufactured Housing Construction and Safety Standards Act of 1974," 42 U.S.C. §5402, etc., as amended;

g.

Meets or exceeds, on an equivalent performance engineering basis, the standards established by the applicable Uniform Building Code adopted in this Code;

h.

In determining the engineering basis, normal engineering calculations for testing following commonly accepted engineering practices, all components and sub-systems of a manufactured home must meet or exceed health, safety and functional requirements to the same extent as other single-family dwellings as outlined in the Uniform Building Code; and

i.

As an equivalent performance engineering standard for manufactured homes, snow loads shall meet the requirements as outlined in Chapter VI of this Code.

(Ord. 480 §1, 2000; Ord. 605 § 5, 2020)

(a)

Purpose. This Section imposes minimum standards for the development of parking areas in conjunction with the various uses permitted in this Section II. The purpose of this Section is to require that the owner of a land use provide and maintain sufficient quantities of parking for land use. The extent of these standards is to require attractive, convenient, efficiently developed parking areas which provide sufficient quantities of parking spaces with ample area for fire lanes, maneuvering, snow storage, retention of drainage, landscaping and public safety. The required parking standards contained herein are minimum standards. "Provide and maintain" also means that the off-street parking area shall remain free from pavement deterioration, chuckholes, pavement failure and cave-in.

(b)

Procedure and administration. Off-street parking shall be provided as set forth in this Section II in association with any use generating demand for parking. Nothing in this Section II shall be deemed to deprive the owners or operators of property generating a need for parking, the right to maintain control over such property devoted to off-street parking not inconsistent with this Section II or to charge whatever fees they deem appropriate to off-street parking users.

(1)

The proposed method of complying with this Section shall be indicated on all plans required to be submitted to the Town as a part of an application and on any plot plan submitted for a building permit.

(2)

When any addition to or enlargement of an existing building or use or a change in use increases the building or the developed area of the use or the parking requirements of the building or structure, the parking requirements of this Section II must be met. Moreover, if the addition, enlargement or change in use increases the building or the developed area of the use or the required parking by twenty percent (20%) or more, then the parking for the entire building shall be brought into conformance with all requirements of this Section II, including required number of spaces, access, landscaping, lighting, screening and other applicable standards.

(3)

Any change in the use of a building or lot which increases the off-street parking as required under this Section II shall be unlawful and a violation of this Section II until such time as the off-street parking complies with the provisions of this Section II.

(Ord. 480 §1, 2000)

(a)

Minimum requirements: All uses shall, at a minimum, provide the number of off-street parking spaces listed below. Buildings with more than one (1) use shall provide parking required for each use.

(b)

Determination of requirements for uses not listed. Requirements for types of buildings and uses not specifically listed in this Chapter shall be determined by the Planning Commission after study and recommendation which should include all relevant factors, including but not limited to:

(1)

Vehicle occupancy studies;

(2)

Comparable requirements from other relevant municipalities;

(3)

Requirements of comparable uses listed in this Chapter;

(4)

Suitable and adequate means will exist for provision of public, community, group or common facilities;

(5)

Provision of adequate loading facilities and for a system for distribution and pickup of goods;

(6)

Use is in the interest of the area to be affected and in the interests of the Town at large;

(7)

Use will not be detrimental to adjacent properties or improvements in the vicinity to the area; and

(8)

The proposed use will not confer any special privilege or benefit on the properties or improvements in the area which privilege or benefit is not conferred upon similarly situated properties elsewhere in the Town.

(Ord. 480 §1, 2000; Ord. No. 511 §1, 2003)

(a)

Calculation of parking space requirements. Where parking facilities are combined and shared by two (2) or more uses, parking requirements shall be the sum of the standards of all the various uses.

(b)

Measurement of floor area. Floor areas used in calculating the required number of parking spaces shall be gross floor areas of the building calculated from the exterior outside wall without regard to specific inside uses.

(c)

In mixed use facilities. Calculations shall be based on gross square footage of each identifiable use within the building, and the total square footage of each identifiable use shall be the same as the gross floor area calculated from outside wall to outside wall.

(d)

Joint use of parking facilities or shared parking. When two (2) or more businesses, structures and/or uses are served by the same parking area, the applicant may apply for special parking approval. The standard for shared parking shall be based on the shared parking study done by the Urban Land Institute and published in 1983 (as amended). The off-street parking area or parking facilities shall not exceed twenty percent (20%) of the required parking. Applicants wishing to utilize joint or shared parking facilities or areas shall provide satisfactory legal evidence to the Town Administrator in the form of deeds, leases or contracts to establish joint use or shared parking.

(e)

Sales or service restriction. No off-street parking space shall be used for the sale, repair, dismantling or servicing of any vehicle, equipment, material or supplies.

(f)

Stacking space for drive-through, parking attendants or paid parking collection devices. The applicant's plans shall show the location, size and dimensions of all such facilities. The plans shall follow the stacking space schedule and shall demonstrate that such facilities will not result in the stacking of vehicles on public rights-of-way, and that an adequate area is reserved for the safe transfer of the motor vehicle between any parking attendant or valet and the driver of the vehicle. In no event shall parking attendants, paid parking collection devices, drive-throughs or areas associated with such uses be located in a public street or right-of-way, or interfere with vehicular or pedestrian traffic on a public street, sidewalk or other right-of-way.

(g)

Stacking space schedule. (Stacking space equals a 9' x 18' area)

(Ord. 480 §1, 2000)

(a)

Dimensional standards. The standard parking space shall measure nine (9) by eighteen (18) feet. All parallel parking spaces shall measure nine (9) by twenty-two (22) feet to allow for sufficient maneuvering. Recreational vehicle parking spaces shall measure ten (10) by twenty-four (24) feet.

(b)

All parking areas shall be properly graded for drainage by maintaining grades from a minimum of one-half percent (.5%) to four percent (4%), provide on-site detention of run-off from precipitation and be surfaced with concrete, asphalt concrete or other acceptable surfacing, in conformance with specifications on file with the Town. They shall be maintained in good condition, free of weeds, dust, trash and debris.

(c)

No more than two (2) driveways will be permitted per parcel. In parcels accommodating twenty (20) or more parking spaces, driveways must be separated by at least two hundred fifty (250) feet. In parcels with less than twenty (20) parking spaces, driveways must be separated by at least one hundred (100) feet.

(d)

In residential areas, off-street parking spaces shall be used by vehicles up to but not to exceed three-fourths-ton manufacturer's capacity rating.

(e)

Vehicles shall not overhang any public property, walkway or bicycle path, and shall be a minimum of four (4) feet from any walkway or bicycle path.

(f)

All lights used to illuminate parking spaces, driveways or maneuvering areas shall be so designed, arranged and screened so that the source of lighting shall not be visible from any point on adjoining lots or streets. All lighting fixtures, including security lighting facilities, shall be directed away from adjacent residential uses and public streets, shall not be of an intensity which unreasonably disturbs adjacent residential users or users of public streets and shall not be installed above a maximum height of fifteen (15) feet.

(g)

Vehicular ingress and egress to public major or minor arterials from off-street parking shall be so combined, limited, located, designed and controlled with flared and/or channeled intersections as to direct traffic to and from such public right-of-way conveniently, safely and in a manner which minimizes traffic friction and promotes free traffic flow on the streets without excessive interruption.

(h)

Parking spaces shall be marked and maintained on the pavement, and any other directional markings or signs shall be installed as permitted or required by the Town to ensure the approved utilization of space, direction of traffic flow and general safety.

(i)

To ensure the proper maintenance and utilization of these facilities, public parking areas shall be designed so that a parked vehicle does not overhang any public property, walkway and landscaped area or bicycle path. A concrete or otherwise permanent curb, bumper, wheel stop or similar device shall be installed which shall be adequate to protect the public right-of-way, public sidewalk or planters from vehicular overhangs and to protect any structure from vehicular damage.

(j)

All parking lots will require compliance with federal ADA regulations (Americans with Disability Act).

(Ord. 480 §1, 2000)

(a)

A minimum of five (5%) percent of all parking lots shall be landscaped. Such landscaping may occur on the perimeter or on parking islands within the lot.

(b)

A minimum of (1) tree shall be provided for every eight (8) parking spaces. A minimum of twenty-five percent (25%) of required trees shall be mature and the remaining shall be a minimum of fifteen (15) gallons in size.

(Ord. 480 §1, 2000)

(a)

Purpose. This Section establishes minimum standards for landscaping and site design; the Town encourages developers and landowners to exceed these minimums whenever possible.

(b)

Required landscaping. All lots in all zones not covered by impervious materials shall be landscaped to prevent land erosion, improper drainage, damage to properties and unsightliness. All undeveloped building areas within partially developed commercial or industrial uses shall be landscaped with a groundcover to control dust and erosion.

(c)

Allowable landscape materials.

(1)

Planted areas and plant materials, including trees, shrubs, lawns, flower beds and groundcover. Native vegetation or low water usage vegetation on water-conserving design concepts shall be used whenever possible.

(2)

Natural or significant rock outcroppings.

(3)

Decorative elements such as walks, decks, terraces, water features and the like shall not occupy more than twenty percent (20%) of a landscaped area.

(d)

Obstructions. No walls, buildings or other obstructions to view in excess of three and one-half (3½) feet in height shall be placed on any corner lot within a triangular area formed by the curb lines and a line connecting them at points twenty-five (25) feet from the intersection of the curblines.

(e)

Lighting. All outdoor lighting shall be directed down and screened away from adjacent properties and streets.

(f)

Landscaped areas adjacent to streets, vehicular parking and access areas shall be protected by six (6) inches of vertical concrete curbing, bumper block or other approved method to minimize damage to landscaping by vehicular traffic.

(g)

Maintenance.

(1)

All landscaping shall be reasonably maintained and any plant material shall be replaced within thirty (30) days of its demise or by an agreed-upon date if seasonal conditions prohibit replacement with the thirty-day time requirement.

(2)

Failure to maintain landscaping required with approval of a permit shall be a violation of this Section II and applicable penalties may be imposed.

(3)

The maintenance of landscaping in the public right-of-way in all zoning districts shall be the responsibility of the abutting property owner, whether an individual, corporation or homeowners' association.

(4)

No building, construction or grading permit shall be issued without a plan for landscaping approved by the Town Board or its authorized designee.

(5)

No certificate of occupancy shall be issued where landscaping requirements are not complied with unless a suitable plan and agreement is made with the Town Administrator.

(Ord. 480 §1, 2000)

The intent of all required screening is to completely hide stored materials from view of persons standing on the ground outside the storage area in the locations described in the particular section requiring the screening. If no particular location is specified, it shall be interpreted as screened from view on all sides.

(1)

Height: All trash or refuse collection areas other than those in single-family districts shall be enclosed by a six-foot-high solid fence or masonry wall, styled to match the material of adjacent walls or the main building on the site. No materials stored within an outdoor storage area or behind a screening fence, wall or structure shall be stacked or stored in a manner in which they exceed the height of the walls, fence or structure.

(2)

Materials: Screening walls, fences or structures shall be constructed from durable materials suited to the Town's climate and which will require low maintenance. Materials which are architecturally compatible with the primary building on the site or with the streetscape or landscaping of the site shall be used.

(3)

Colors: Screening devices shall blend into the landscaping and not be so colored as to call attention. Muted earth tones shall be used as opposed to bright colors.

(4)

Maintenance: All walls, fences or structures shall be maintained in good condition or they shall be in violation of this Section II. The owner of such fence, wall or screening structure may be cited for such violation and penalties enforced.

(Ord. 480 §1, 2000)