(a)

Regulations specified in other sections of this Chapter shall be subject to the following interpretations and exceptions:

(1)

Illumination: Refer to Article VIII of this Chapter for illumination.

(2)

Flood plan: For the purpose of this Chapter, there are hereby established and designated on the Zoning District Map of the Town "major flood channels" within which no building or other structure is allowed unless first approved by the Board of Trustees (or Planning Commission) following a public notice as described in Section 16-2-40 and a public hearing related to the following special conditions:

a.

No building shall be allowed in a floodplain as determined by FEMA mapping.

b.

No building or structure shall be located so as to offer obstruction to the flow of floodwater, nor shall it cause lands outside of the natural flood channel to be flooded.

c.

No dwellings, schools, places of religious assembly or other places of public assembly shall be permitted.

d.

Storage of materials which could be moved by floodwaters is prohibited.

(3)

Until such time as the Board of Trustees designates major flood channels, no structure shall be erected within three hundred (300) feet from the centerline of a stream located in any zoning district.

(4)

Visibility at intersections: No substantial impediment to visibility above two and one-half (2½) feet above ground level shall be created or maintained at street intersections in any zoning district within a triangular area described as follows: Beginning at the point of intersection of the edges of the driving surface, then to points twenty-five (25) feet along both intersecting edges, and then along a direct line connecting these points.

(5)

Inoperative automobiles: Inoperative automobiles, as defined in Chapter 8, Article III of this Code, are not allowed in any R, MH, RC, P-I, CMU or DT Zoning District unless their storage is in conjunction with a business engaged in the repair or storage of automobiles as an approved use.

(6)

Individual water systems: Where individual water systems are used in place of public water facilities, minimum lot area and minimum lot frontage per dwelling unit shall be subject to approval of the County Health Officer or his or her authorized representative, but shall not be less than the following requirements:

a.

Unsubdivided land, two (2) acres and three hundred (300) feet.

b.

Subdivided land, one (1) acre and one hundred fifty (150) feet.

(7)

Individual sewerage facilities: No individual sewerage facilities will be allowed in the Town. All new structures and/or uses shall be connected to the Town's sewerage system.

(8)

Reduction: No part of any area or frontage required for a lot for the purpose of complying with the provisions of this Chapter shall be included as an area or frontage required for another building.

(9)

Maximum height of buildings, special exceptions: The height limitations of this Chapter shall not apply to spires for structures associated with places of religious assembly, belfries, cupolas, penthouses or domes not used for human occupancy, nor to chimneys, ventilators, skylights, water tanks, silos, parapet walls, cornices without windows, antennas or necessary mechanical appurtenances usually carried above the roof level, or to public buildings or structures located more than one (1) foot horizontally from the property line for each foot of building height.

(10)

Minimum yards:

a.

Reduction: No part of a yard required for any building for the purpose of complying with the provisions of this Chapter shall be included as a yard for another building, and all yards shall be open and unobstructed except as otherwise provided herein.

b.

Architectural features: Cornices, canopies, eaves or similar architectural features may extend into a required yard not more than two (2) feet.

c.

Porches: Open, unenclosed, uncovered porches at ground level may extend into a required yard not more than six (6) feet.

d.

Fire escapes: Fire escapes may extend into a required yard not more than six (6) feet.

(11)

Minimum front yard, major highways: In accordance with the procedure required by this Chapter, there may be established and designated on the Zoning District Map major highways, on which the minimum front yard setback shall not be less than one hundred (100) feet from the highway centerline. Where these requirements may conflict with a front yard otherwise required in a zoning district, the larger front yard setback shall be required, except in the case of identification signs and off-street parking areas, which shall not be bound by the major highway setback requirement.

a.

Reversed corner lots: The side yard along the street side of a reversed corner lot shall be not less than the required front yard for principal buildings and accessory buildings along such a side street.

b.

Public utility facilities: Public utility transmission and distribution facilities may build to within two (2) feet of a side lot line.

(12)

Minimum rear yard:

a.

Accessory buildings: Permitted accessory buildings may be located in the required rear yard of a principal building.

b.

Public utility facilities: Public utility transmission and distribution facilities may be exempt from minimum rear yard requirements.

(13)

Minimum off-street parking: Refer to Article VI of this Chapter.

(14)

Excavation, grading and erosion control: Refer to the Storm Drainage Design and Technical Criteria as adopted at Section 16-3-120 of this Chapter.

(15)

Site plan review:

a.

Any and all new construction in all zoning districts (except in an approved subdivision and MH-2 Districts) shall be in accordance with an approved site development plan as is more specifically described in Article II of this Chapter. Certain exceptions may be made to this requirement as set forth below.

b.

Exceptions:

1.

Unless otherwise required by this Code, new construction in R-2 and R-3 Districts may be reviewed in-house by the Town staff.

2.

The Planning Commission or Board of Trustees may waive its opportunity to review uses that are permitted by right if, after being consulted by the Town staff, it determines that the size of the project does not warrant its review.

3.

A business which obtains a temporary transient license.

c.

New construction is defined as any new permanent building, addition or temporary structure. New construction is also considered a change of use or any remodeling that exceeds fifty percent (50%) of the currently assessed County property valuation, any remodeling that encompasses more than fifty percent (50%) of the existing building floor area or any addition which adds more than twenty-five percent (25%) of additional useable floor area to the existing building.

d.

The Town shall refuse to issue any building permit that is contrary to the requirements contained in this Chapter from the date the ordinance codified herein was passed on first reading to the date said ordinance becomes final pursuant to the "pending ordinance doctrine."

(16)

Prohibiting the use of recreational vehicles as dwelling units within the Town: No recreational vehicle, as defined under Section 16-1-20 of this Article, shall be used for a dwelling unit, accessory building, home occupation or other use allowed in any zoning district for a period in excess of fourteen (14) days, except when located in an approved campground or when located in a zoning district in which mobile homes are a permitted use.

(17)

The use of property as a medical marijuana center, optional premises cultivation operation or a facility for which a medical marijuana-infused products manufacturer's license could otherwise be obtained within the Town are all uses prohibited in any zoning district.

(18)

The use of property as a marijuana cultivation facility, marijuana product manufacturing facility, marijuana testing facility or retail marijuana store is prohibited in any zoning district in the Town.

(b)

Building is defined as any structure which is used or intended for supporting or sheltering any use or occupancy.

(Ord. 10-09 §2; Ord. 12-02 §1; Ord. 13-14 §1)