(a)

A "X" in a cell of the permitted use table indicates that the use is permitted by right in that zoning district, subject to compliance with any use-specific standards cross-referenced in the right-hand column of that line of the table.

(b)

A "C" in a cell of the permitted use table indicates that the use is permitted only after the petitioner obtains conditional use approval pursuant to section 12-53(d), and subject to any use-specific standards cross-referenced in the right-hand column of that line of the table.

(c)

An "A" in a cell of the permitted use table indicates that the use is permitted as an accessory use only in support of a permitted use on the site, and subject to any use-specific standards cross-referenced in the right-hand column of that line of the table.

(d)

A "T" in a cell of the permitted use table indicates that the use is permitted as a temporary use only after a temporary use permit is obtained pursuant to section 12-53(f), and subject to any use-specific standards cross-referenced in the right-hand column of that line of the table.

(e)

An "*" indicates that a use-specific standard cross-referenced in the right-hand column of the table applies to the use.

(f)

A blank cell in the permitted use table indicates that the use is not allowed in that zoning district.

(g)

When a proposed land use is not explicitly listed in table 3-1: permitted use table, the use in not permitted in any district.

(Ord. No. 2022-03, § 1(Exh. A), 12-13-2022)

When a proposed primary, accessory, or temporary land use is not explicitly listed in the permitted uses table, the use is not permitted in the town, unless staff determines that it is included in the definition of a listed use or is so similar to a listed use that it shall be treated as the same use. Staff shall make that determination based on a comparison of the size, scale, operating characteristics, multi-modal traffic impacts, storm drainage impacts, utility impacts, and neighborhood impacts of the proposed use with other uses listed in the permitted uses table. Staff's interpretation shall be made available to the public and shall be binding on future decisions of the town until this LUC is amended to treat the use differently.

(Ord. No. 2022-03, § 1(Exh. A), 12-13-2022)

(a)

Residential uses.

(1)

Manufactured home park.

a.

Manufactured homes that are not installed on a permanent foundation shall be skirted with materials similar in color, texture, and appearance to the siding of the manufactured home.

b.

Anchorages and tie-downs shall be provided on each manufactured home space or lot to prevent overturning or uplift of the manufactured home.

c.

All yard areas and other open spaces not otherwise paved or occupied by structures shall be landscaped and maintained.

d.

In cases where the owner of a manufactured home community intends to change the use resulting in expiration or termination of resident occupancy, the owner shall mail each resident written notice of his intent at least 18 months prior to the change of use.

(b)

Public, institutional, and civic uses.

(1)

Community garden.

a.

Greenhouses and hoop houses are limited to a maximum height of 15 feet, shall be located at least ten feet from any lot line.

b.

Retail sales shall be prohibited on the community garden site, except for the sale of produce grown on that site.

c.

The site drainage and maintenance shall prevent water and fertilizer from draining onto adjacent property that is not part of the contiguous land in the urban agricultural use.

d.

Refuse and compost areas shall be enclosed at ground level to be rodent-resistant.

e.

No outdoor work activity that involves power equipment or generators may occur between sunset and sunrise.

(c)

Commercial uses.

(1)

Adult entertainment.

a.

All adult entertainment uses shall be located not less than 750 feet from an R-1 or R-2 district boundary, place of worship or school.

b.

No adult entertainment establishment shall locate within 750 feet of another adult entertainment use.

c.

For the purposes of this use the distance shall be a horizontal measurement from the nearest district boundary or lot line of a place of worship, school, or another adult entertainment use to the nearest point on the lot line of the lot where the adult entertainment use is proposed.

(d)

Utility, communication, and energy uses.

(1)

Ground- or building-mounted solar collectors accessory ground-mounted solar collectors shall:

a.

Be set back at least six feet from the side and rear property line;

b.

Not be located within an easement;

c.

Be located so as to minimize glare visible from abutting properties;

d.

Not exceed 15 feet in height with panels oriented in a vertical position; and

e.

Be included in determining the maximum coverage of structures on the lot.

(2)

Wind energy conversion system (WECS), ground or building mounted.

a.

A ground-mounted WECS located on a single lot shall be set back from each property line at least 1.1 times the total height of the WECS.

b.

A WECS that is placed on a primary or accessory structure and does not exceed the maximum height in the applicable zoning district shall meet the minimum setback for the primary or accessory structure in the zoning district where it is located.

c.

The blades of a WECS placed on a primary building shall not extend beyond the property line in any operational position.

d.

Each ground-mounted WECS with blades that spin on a horizontal axis and with a height of more than 100 feet shall not be located within 600 feet of any State wildlife management areas, wetlands, and flood control reservoirs.

(e)

Accessory uses and structures and temporary uses.

(1)

Accessory dwelling unit.

a.

Accessory dwelling units shall only be permitted on lots greater than 5,000 square feet.

b.

There shall be no more than one accessory dwelling unit on a lot.

c.

An accessory dwelling unit must not contain more than 1,000 square feet of gross floor area.

d.

No portion of a lot on which an accessory dwelling unit is located may be subdivided from or legally described differently than, the lot containing the primary residential unit, and no portion of a structure containing an accessory dwelling unit may have ownership different from the ownership of the primary dwelling unit.

e.

There shall be one additional off-street parking space provided for the accessory dwelling unit.

f.

Recreational vehicles may not be used as accessory dwelling units.

(2)

Carnival or festival. Parking and traffic mitigation requirements shall be determined by staff on a case-by-case basis.

(3)

Home occupations.

a.

The home occupation shall not involve internal or external alterations or construction features not normally found in dwellings.

b.

Home occupations that involve the boarding animals shall be limited to six animals at any one time.

c.

No home occupation may use a mechanical equipment or process that creates noise, vibration, glare, fumes, odors, or electrical interference detectable off the premises, including those that create visual or audible interference on any radio or television receiver located off the premises.

d.

No exterior storage of equipment or materials in connection with the Home Occupation and no display of products, goods, or services that is visible from outside the dwelling unit are permitted.

(4)

Outdoor eating area. Outdoor eating areas shall not interfere with pedestrian access to any public or private door, shall provide at least 36 inches wide of unobstructed sidewalk for pedestrian traffic, and shall not obstruct required parking or parking lot circulation.

(5)

Short-term rentals.

a.

Short-term rentals shall require a permit in accordance with chapter 5, article VII of the Town Municipal Code and meet all requirements therein.

b.

The use of outdoor wood-burning fire pits shall be prohibited for all short-term rentals.

(Ord. No. 2022-03, § 1(Exh. A), 12-13-2022)