The zoning regulations of this article shall apply only to planned development districts approved prior to the effective date of this chapter. This article contains the following five types of obsolete zoning regulations:

(1)

Obsolete districts. The MF-1, MF-2 and CC districts have been removed from the remainder of this chapter and shall not henceforth be applied to any property in the town. The standards of these districts shall continue to apply only in planned development districts approved prior to the effective date of this chapter that reference the regulations of these districts in the adopting ordinance.

(2)

Modified dimensional regulations. Some of the dimensional regulations for single-family detached dwellings have been modified as of the effective date of this chapter. The original regulations existing prior to the effective date of this chapter and retained in this article shall continue to apply only to planned development districts approved prior to the effective date of this chapter that reference the dimensional regulations of such districts in the adopting ordinance.

(3)

Obsolete use. Some planned development districts approved prior to the effective date of this chapter authorize the development of single-family detached (medium density) dwellings. The development standards for single-family detached (medium density) dwellings contained in this article shall continue to apply to such districts.

(4)

Obsolete planned development standards. Prior to the effective date of this chapter, the town's zoning ordinance contained specific development standards for uses other than single-family detached (medium density) dwellings in planned development districts. These standards applied in planned development districts where no other standards were specifically referenced in the adopting ordinance. These standards shall continue to apply to such districts, but shall not be applicable to planned development districts approved after the effective date of this chapter.

(5)

The SF-1, SF-2 and SF-3 districts have been recodified by this chapter. SF-1 has been recodified as SF-30, SF-2 has been recodified as SF-15, and SF-3 has been recodified as SF-10. Zoning that has been approved prior to the effective date of this chapter shall be subject to the corresponding regulations contained in this article. In cases of a planned development district approved prior to the effective date of this chapter, where the regulations of these districts are inconsistent with the regulations enumerated in the ordinance creating the planned development district, the regulations contained in such ordinance will control.

(Code 1989, ch. 12, § 7.01)

(a)

Application of section provisions. For planned development districts approved prior to the effective date of the ordinance from which this chapter is derived, that reference the standards of the MF-1 multiple-family district-1, the standards of this section shall apply. This MF-1 district shall not be applied to any property within the town after the effective date of the ordinance from which this chapter is derived.

(b)

Permitted uses. The following uses shall be permitted in the MF-1 multiple-family district-1, subject to compliance with any applicable conditions and all other provisions of this chapter:

Accessory use, general, subject to section 98-972
Church or rectory
Community center, public
Convent or monastery
Day care home
Dwelling, single-family attached
Dwelling, duplex
Dwelling, multifamily
Dwelling, single-family detached
Fire station
Garage sale, subject to section 98-982
Golf course, public
Guest quarters, subject to section 98-983
Home occupation, subject to section 98-984
Local utility line
Off-street parking, accessory
Park or playground, public
Public building, shop or yard
Railroad track
Recreation center, public
School, elementary or secondary
Swimming pool, public
Swimming pool, private, subject to section 98-996
Telephone equipment station
Water well, storage or pump station

(c)

Specific uses. The following uses shall be permitted in the MF-1 multiple-family district-1 only upon approval of a specific use permit by the town council in accordance with the procedures and standards of section 90-186, specific use permits:

Cemetery or mausoleum
College or university
Country club, private, subject to section 98-978
Day care center
Electrical line/substation, high voltage, subject to section 98-979
Hospital
Private franchise utility (not listed)
Stadium or playfield, public

(d)

Temporary uses. The following uses shall be permitted in the MF-1 multiple-family district-1 only upon approval of a temporary use permit in accordance with the procedures and standards of section 78-87 of this Code, temporary use permits:

Asphalt/concrete batch plant, temporary, subject to section 98-974
Field office, temporary
Sales trailer, temporary, subject to section 98-993

(e)

Minimum lot area per dwelling. The minimum lot area per dwelling unit in the MF-1 multiple-family district-1 shall be as follows, subject to section 98-1023:

(1)

Eight thousand five hundred square feet per single-family detached dwelling unit;

(2)

Five thousand square feet per duplex dwelling unit; and

(3)

Two thousand eight hundred square feet per single-family attached or multifamily dwelling unit.

(f)

Minimum lot width. The minimum lot width for residential uses in the MF-1 multiple-family district-1 shall be as follows, subject to section 98-1024:

(1)

Sixty-five feet for single-family detached dwellings;

(2)

Twenty feet for single-family attached dwellings; and

(3)

Sixty feet for duplex or multifamily dwellings.

(g)

Minimum floor area per unit. The minimum floor area per dwelling unit in the MF-1 multiple-family district-1 shall be as follows, subject to section 98-1025:

(1)

One thousand four hundred fifty square feet per single-family detached dwelling unit;

(2)

One thousand one hundred square feet per single-family attached or duplex dwelling unit; and

(3)

Seven hundred square feet per multifamily dwelling unit.

(h)

Minimum front yard. The minimum front yard for all uses in the MF-1 multiple-family district-1 shall be 25 feet, subject to section 98-1026.

(i)

Minimum side yard. The minimum side yard for residential uses in the MF-1 multiple-family district-1 shall be as follows, with no minimum requirement for nonresidential uses, subject to section 98-1027:

(1)

Eight feet for single-family detached and duplex dwellings;

(2)

No side yard requirement for single-family attached dwellings, provided that no building complex shall exceed 300 feet in length and provided that a minimum side yard of five feet shall be provided at the end of building complexes to maintain a minimum ten-foot separation between buildings; and

(3)

Ten feet for multifamily dwellings.

(j)

Minimum rear yard. The minimum rear yard in the MF-1 multiple-family district-1 shall be ten feet for residential uses and 15 feet for nonresidential uses, subject to section 98-1028.

(k)

Maximum lot coverage. The maximum lot coverage in the MF-1 multiple-family district-1 shall be 40 percent for all uses, subject to section 98-1029.

(l)

Maximum floor area ratio. There shall be no maximum floor area requirement in the MF-1 multiple-family district-1.

(m)

Maximum height. The maximum height of buildings and structures in the MF-1 multiple-family district-1 shall be three stories or 35 feet for all uses, subject to section 98-1031.

(Code 1989, ch. 12, § 7.02)

(a)

Generally. For planned development districts approved prior to the effective date of the ordinance from which this chapter is derived, that reference the standards of the MF-2 multiple-family district-2 shall apply. This MF-2 district shall not be applied to any property within the town after the effective date of the ordinance from which this chapter is derived.

(b)

Permitted uses. The following uses shall be permitted in the MF-2 multiple-family district-2, subject to compliance with any applicable conditions and all other provisions of this chapter:

Accessory use, general, subject to section 98-972
Boardinghouse or roominghouse
Church or rectory
College or university
Community center, public
Convent or monastery
Dwelling, single-family attached
Dwelling, duplex
Dwelling, multifamily
Dwelling, single-family detached
Fire station
Garage sale, subject to section 98-982
Golf course, public
Guest quarters, subject to section 98-983
Home occupation, subject to section 98-984
Hotel or motel
Local utility line
Nursing or congregate care facility
Off-street parking, accessory
Park or playground, public
Public building, shop or yard
Railroad track
Recreation center, public
School, elementary or secondary
Stadium or playfield, public
Swimming pool, public
Swimming pool, private, subject to section 98-996
Telephone equipment station
Theater
Water well, storage or pump station

(c)

Specific uses. The following uses shall be permitted in the MF-2 multiple-family district-2 only upon approval of a specific use permit by the town council in accordance with the procedures and standards of section 90-186 of this Code, specific use permits:

Cemetery or mausoleum
Communication tower, commercial, subject to section 98-977
Country club, private, subject to section 98-978
Day care center
Electrical line/substation, high voltage, subject to section 98-979
Hospital
Private franchise utility (not listed)

(d)

Temporary uses. The following uses shall be permitted in the MF-2 multiple-family district-2 only upon approval of a temporary use permit in accordance with the procedures and standards of section 78-87 of this Code, temporary use permits:

Asphalt/concrete batch plant, temporary, subject to section 98-974
Field office, temporary
Sales trailer, temporary, subject to section 98-993

(e)

Minimum lot area per dwelling. The minimum lot area per dwelling unit in the MF-2 multiple-family district-2 shall be as follows, subject to section 98-1023:

(1)

Eight thousand five hundred square feet per single-family detached dwelling unit;

(2)

Five thousand square feet per duplex dwelling unit; and

(3)

Two thousand eight hundred square feet per single-family attached or multifamily dwelling unit.

(f)

Minimum lot width. The minimum lot width for residential uses in the MF-2 multiple-family district-2 shall be as follows, subject to section 98-1024:

(1)

Sixty-five feet for single-family detached dwellings;

(2)

Twenty feet for single-family attached dwellings; and

(3)

Sixty feet for duplex or multifamily dwellings.

(g)

Minimum floor area per unit. The minimum floor area per dwelling unit in the MF-2 multiple-family district-2 shall be as follows, subject to section 98-1025:

(1)

One thousand four hundred fifty square feet per single-family detached dwelling unit;

(2)

One thousand one hundred square feet per single-family attached or duplex dwelling unit; and

(3)

Seven hundred square feet per multifamily dwelling unit.

(h)

Minimum front yard. The minimum front yard for all uses in the MF-2 multiple-family district-2 shall be 25 feet, subject to section 98-1026.

(i)

Minimum side yard. The minimum side yard for residential uses in the MF-2 multiple-family district-2 shall be as follows, with no minimum requirement for nonresidential uses, subject to section 98-1027:

(1)

Eight feet for single-family detached and duplex dwellings;

(2)

No side yard requirement for single-family attached dwellings, provided that no building complex shall exceed 300 feet in length and provided that a minimum side yard of five feet shall be provided at the end of building complexes to maintain a minimum ten-foot separation between buildings; and

(3)

Ten feet for multifamily dwellings.

(j)

Minimum rear yard. The minimum rear yard in the MF-2 multiple-family district-2 shall be ten feet for residential uses and 15 feet for nonresidential uses, subject to section 98-1028.

(k)

Maximum lot coverage. The maximum lot coverage in the MF-2 multiple-family district-2 shall be 40 percent for all uses, subject to section 98-1029.

(l)

Maximum floor area ratio. There shall be no maximum floor area requirement in the MF-2 multiple-family district-2.

(m)

Maximum height. The maximum height of buildings and structures in the MF-2 multiple-family district-2 shall be three stories or 35 feet for all uses, subject to section 98-1031.

(Code 1989, ch. 12, § 7.03)

(a)

Generally. For planned development districts approved prior to the effective date of the ordinance from which this chapter is derived that reference the standards of the CC community center district, the following standards shall apply. This CC district shall not be applied to any property within the town after the effective date of the ordinance from which this chapter is derived.

(b)

Permitted uses. The following uses shall be permitted in the CC community center district, subject to compliance with any applicable conditions and all other provisions of this chapter:

Accessory use, general, subject to section 98-972
Accessory retail/service use
Antique shop
Art gallery or handicraft sales
Art supply store
Auto parts and accessory sales (indoors)
Bait and sporting goods sales
Bakery or confectionery shop, retail
Bank or savings and loan
Book or stationary store or newsstand
Bus station or terminal
Church or rectory
Cleaning shop or laundry pickup station
College or university
Communication tower, commercial
Community center, public
Country club, private, subject to section 98-978
Custom personal service
Day care center
Drugstore or pharmacy
Dwelling, duplex
Dwelling, multifamily
Dwelling, single-family detached
Fire station
Fraternal club or lodge
Golf course, public
Guest quarters
Hardware store
Home occupation, subject to section 98-984
Hospital
Laboratory, medical and dental
Local utility line
Mortuary or funeral home
Museum, library or art gallery (public)
Nursing or congregate care facility
Off-street parking, accessory
Office, general business and professional
Office, medical or dental
Park or playground, public
Parking lot or structure, commercial
Personal improvement services
Pet store
Plant nursery or garden shop
Public building, shop or yard
Railroad track
Recreation center, public
Repair services, limited
Restaurant, general
Retail, general (indoors)
School, business
School, elementary or secondary
Stadium or playfield, public
Swimming pool, public
Telephone equipment station
Theater
Travel bureau or consultant
Water well, storage or pump station

(c)

Specific uses. The following uses shall be permitted in the CC community center district only upon approval of a specific use permit by the town council in accordance with the procedures and standards of section 90-186 of this Code, specific use permits:

Boat storage and service
Cemetery or mausoleum
Convent or monastery
Electrical energy generating plant
Electrical line/substation, high voltage
Helistop
Private club, subject to section 98-989
Private franchise utility (not listed)
Swimming pool, commercial

(d)

Temporary uses. The following uses shall be permitted in the CC community center district only upon approval of a temporary use permit in accordance with the procedures and standards of section 78-87 of this Code, temporary use permits:

Asphalt/concrete batch plant, temporary, subject to section 98-974
Field office, temporary
Sales trailer, temporary, subject to section 98-993

(e)

Minimum lot area per dwelling. The minimum lot area per dwelling unit in the CC community center district shall be as follows, subject to section 98-1023:

(1)

Eight thousand five hundred square feet per single-family detached dwelling unit;

(2)

Five thousand square feet per duplex dwelling unit; and

(3)

Two thousand eight hundred square feet per multifamily dwelling unit.

(f)

Minimum lot width. The minimum lot width for residential uses in the CC community center district shall be as follows, subject to section 98-1024:

(1)

Sixty-five feet for single-family detached dwellings; and

(2)

Sixty feet for duplex or multifamily dwellings.

(g)

Minimum floor area per unit. The minimum floor area per dwelling unit in the CC community center district shall be as follows, subject to section 98-1025:

(1)

One thousand four hundred fifty square feet per single-family detached dwelling unit;

(2)

One thousand one hundred square feet per duplex dwelling unit; and

(3)

Seven hundred square feet per multifamily dwelling unit.

(h)

Minimum front yard. The minimum front yard for residential uses in the CC community center district shall be as follows, with no requirement for nonresidential uses, subject to section 98-1026:

(1)

Thirty feet for single-family detached dwellings; and

(2)

Twenty-five feet for duplex and multifamily dwellings.

(i)

Minimum side yard. The minimum side yard for residential uses in the CC community center district shall be as follows, with no minimum requirement for nonresidential uses, subject to section 98-1027:

(1)

Eight feet for single-family detached and duplex dwellings; and

(2)

Ten feet for multifamily dwellings.

(j)

Minimum rear yard. The minimum rear yard in the CC community center district shall be ten feet for residential uses and 15 feet for nonresidential uses, subject to section 98-1028.

(k)

Maximum lot coverage. The maximum lot coverage in the CC community center district shall be 50 percent for all uses, subject to section 98-1029.

(l)

Maximum floor area ratio. The maximum floor area ratio in the CC community center district shall be 1:1.

(m)

Maximum height. The maximum height of buildings and structures in the CC community center district shall be three stories or 35 feet for all uses, subject to section 98-1031.

(Code 1989, ch. 12, § 7.04)

The dimensional regulations for single-family detached units in planned developments, approved prior to the effective date of the ordinance from which this chapter is derived, where reference was made in the planned development approval ordinance to the standards of a residential zoning district, shall be the current standards of the referenced district, with the following exceptions:

(1)

Minimum lot size. The minimum lot size shall be 8,500 square feet where the SF-A, 2F, MF-1, MF-2 or MH district standards are referenced.

(2)

Minimum side yard. The minimum side yard shall be ten feet where the SF-2 district is referenced and eight feet where the SF-3 district is referenced.

(3)

Minimum rear yard. The minimum rear yard shall be ten feet for all referenced districts.

(Code 1989, ch. 12, § 7.05)

(a)

Generally. For planned development districts approved prior to the effective date of the ordinance from which this chapter is derived that allowed single-family detached (medium density) dwellings, the standards of this section shall apply to areas designated for such uses, except as otherwise provided in the planned development approval ordinance.

(b)

Minimum lot area per dwelling. The minimum lot area per dwelling for single-family detached (medium density) dwellings shall be 3,500 square feet, subject to section 98-1023.

(c)

Minimum lot width. The minimum lot width for single-family detached (medium density) dwellings shall be 35 feet, subject to section 98-1024.

(d)

Minimum floor area per unit. The minimum floor area per dwelling unit for single-family detached (medium density) dwellings shall be 1,100 square feet, subject to section 98-1025.

(e)

Minimum front yard. The minimum front yard for single-family detached (medium density) dwellings shall be as follows, subject to section 98-1026:

(1)

Where the garage faces the street, a minimum 20-foot front yard shall be provided from the face of the garage to the right-of-way line;

(2)

Where the side of the garage faces the street, a minimum ten-foot front yard shall be provided from the side of the garage to the right-of-way line; and

(3)

Where a rear entry garage is provided, the minimum front yard shall be 15 feet from the foundation line to the right-of-way line.

(f)

Minimum side yard. The minimum side yard for single-family detached (medium density) dwellings shall be five feet from the foundation line to the side property line, subject to the following and subject to section 98-1027:

(1)

A side yard may be reduced to zero, provided that no doors, windows or other openings are provided on the wall of the building facing or along the reduced side yard and provided an access and maintenance easement of five feet shall be provided and indicated within the subdivision plat on all contiguous lots to allow the adjacent owner to maintain and repair the side of a structure with a reduced or no yard space.

(2)

A minimum distance of ten feet from foundation line to foundation line shall be provided between all buildings.

(3)

Side yards on corner lots shall be no less than ten feet from the foundation line to the street right-of-way line.

(g)

Minimum rear yard. The minimum rear yard for single-family detached (medium density) dwellings shall be as follows, subject to section 98-1028:

(1)

Ten feet from the foundation line to the rear property line, except that a rear yard may be reduced to zero, provided that no doors, windows or other openings are provided on the wall of the structure facing or adjacent to the rear yard and provided an access and maintenance easement of five feet shall be provided and indicated within the subdivision plat on all contiguous lots to allow the adjacent owner to maintain and repair the side of the structure with a reduced or no yard space.

(2)

On lots backing up to any other single-family residential district, and not separated by a public street, a minimum rear yard of 20 feet shall be provided where any adjacent structures are two stories in height or more. On lots backing up to any other single-family residential district and not separated by a public street, a minimum rear yard of 15 feet shall be provided where any adjacent structures are less than two stories in height.

(3)

A minimum distance of ten feet from foundation line to foundation line shall be provided between all buildings.

(h)

Maximum lot coverage. The maximum lot coverage for single-family detached (medium density) dwellings shall be 45 percent, subject to section 98-1029.

(i)

Maximum floor area ratio. The maximum floor area ratio for single-family detached (medium density) dwellings shall be 1:1, subject to section 98-1030.

(j)

Maximum height. The maximum height for single-family detached (medium density) dwellings shall be two stories or 25 feet, subject to section 98-1031.

(Code 1989, ch. 12, § 7.06)

(a)

Generally. For planned development districts approved before June 6, 1994, Ordinance No. 24-94, from which this section is derived, that contained no references to the development standards of other districts for uses other than single-family detached (medium density) dwellings, the following standards shall apply to areas designated for such uses, except as otherwise provided in the planned development approval ordinance.

(b)

Minimum lot area per dwelling. The minimum lot area per dwelling unit in the PD planned development district shall be as follows, subject to section 98-1023:

(1)

Eight thousand five hundred square feet per single-family detached dwelling unit;

(2)

Five thousand square feet per duplex dwelling unit; and

(3)

Two thousand eight hundred square feet per single-family attached or multifamily dwelling unit.

(c)

Minimum lot width. The minimum lot width for residential uses in the PD planned development district shall be as follows, subject to section 98-1024:

(1)

Sixty-five feet for single-family detached dwellings;

(2)

Sixty feet for duplex and multifamily dwellings; and

(3)

Twenty feet for single-family attached dwellings.

(d)

Minimum floor area per unit. The minimum floor area per dwelling unit in the PD planned development district shall be as follows, subject to section 98-1025:

(1)

One thousand four hundred fifty square feet per single-family detached dwelling unit;

(2)

One thousand one hundred square feet per single-family attached or duplex dwelling unit; and

(3)

Seven hundred square feet per multifamily dwelling unit.

(e)

Minimum front yard. The minimum front yard for all uses in the PD planned development district shall be as established by the approved site plan. Where the front yard is not specified on the site plan, the minimum front yard shall be 25 feet with the following exceptions, subject to section 98-1026. The minimum front yard for shopping center or retail development shall be 60 feet, except drive-in service buildings may have a minimum 30-foot front yard and gasoline service station pump islands may not be located nearer than 18 feet to the front property line.

(f)

Minimum side yard. The minimum side yard requirements in a planned development shall be one of the following, subject to section 98-1027:

(1)

Ten percent of the width of the lot but not less than six feet between property line and foundation line for single-family detached and multifamily dwellings.

(2)

No side yard requirement for single-family attached dwellings, provided that no building complex shall exceed 300 feet in length and provided that a minimum side yard of five feet shall be provided at the end of building complexes to maintain a minimum ten-foot separation between buildings.

(g)

Minimum rear yard. The minimum rear yard in a PD planned development district shall be established on the site plan, which shall be made a part of the amending ordinance. In no case shall the required rear yard for the main building be less than ten feet, except as provided in section 98-1028.

(h)

Maximum lot coverage. The maximum lot coverage in the PD planned development district shall be 50 percent for all uses, subject to section 98-1029.

(i)

Maximum floor area ratio. The maximum floor area ratio in the PD planned development district shall be 1:1, provided that floor area ratios up to 2:1 may be approved in a planned development district when plans illustrating how such structures relate to the overall community are submitted to and approved by the planning and zoning commission.

(j)

Maximum height. The maximum height of buildings and structures in the PD planned development district shall be three stories or 35 feet for all uses, subject to section 98-1031.

(Code 1989, ch. 12, § 7.07; Ord. No. 13-24, § 13, 4-1-2024)