It is recognized that new types of land use will develop and that forms of land use not anticipated will seek to locate in the town. In order to provide for such changes and contingencies, a determination of the appropriate zoning classification of any new or unlisted form of land use shall be made as follows:

(1)

All questions concerning the classification of new or unlisted uses shall be referred to the zoning commission for an interpretation of the zoning classification into which use shall be placed. The referral of the use interpretation question shall be accompanied by a statement of facts listing the nature of the use and whether it involves dwelling activity, sales, processing, type of product, storage and amount and nature thereof, enclosed or open storage, anticipated employment, transportation requirements, nature and time of occupancy or operation of the premises, the amount of noise, odor, fumes, dust, toxic material and vibration likely to be generated and the requirements for public utilities such as sanitary sewer and water.

(2)

The zoning commission shall consider the nature and described performance of the proposed use and its compatibility with the uses permitted in the various districts and determine the zoning districts within which such use should be permitted.

(3)

In accord with the amendment procedures set forth in this chapter, the zoning commission shall transmit its findings and recommendations for the zoning classification of any new or unlisted use to the board of aldermen for enactment as an amendment to this chapter.

(Ord. No. 1-1992, § 11(51-1101), 3-10-1992)

In the R-A districts which are located within 5,000 feet of Cross Lake and in other districts the extraction of oil, gas or other natural mineral deposit may be permitted upon approval of the board of adjustment and subject to such terms and conditions as the board may fix for the protection of adjacent property and uses. In the case of oil or gas well, any such approval by the board of adjustment is limited to the specific drilling sites requested, and the approval is not transferable to other locations on a tract of land even though it may be in the same ownership unless so stated in the board's resolution of approval.

(Ord. No. 1-1992, § 11(51-1116), 3-10-1992)

Lighting facilities used to illuminate signs, parking areas or for other purposes shall be so arranged that the source of light is concealed from adjacent resident properties and does not interfere with traffic.

(Ord. No. 1-1992, § 11(51-1117), 3-10-1992)

In all districts that otherwise prohibit residential uses, land that lies in such districts and was restricted to residential use by covenants (subdivision restrictions) recorded prior to this chapter or any subsequent amendatory chapter that would prohibit residential use, may be put to such residential use; provided, however, that the residential use shall meet all of the building site area, yard, height and other requirements of the latest prior residential zoning, or of the R-3, multifamily residence district, if no prior residential zoning has been established by this chapter for the property.

(Ord. No. 1-1992, § 11(51-1118), 3-10-1992)

One temporary sales office for use in development of a new subdivision may be established and operated within any platted subdivision, and then only upon a platted lot within the boundaries of that subdivision for a period not exceeding three years from the date the plat of such subdivision is recorded; provided, however, that extensions of time of one year may be granted by the zoning administrator upon receipt of a letter request to continue temporary use. Phased development as part of an overall subdivision development plan by a single developer shall be considered a subdivision for the purpose of this section. A subdivision sales office may be located in either a temporary structure or a permanent residential structure and shall not be used to facilitate sales in any other subdivision.

(Ord. No. 1-1992, § 11(51-1119), 3-10-1992)

A temporary facility or a permanent residential structure located on any lot in an active residential subdivision may be used as a construction office or for display purposes for a period not exceeding three years, when used in support of such active subdivision; provided, however, that extensions of time of one year may be granted by the zoning administrator upon receipt of a letter request to continue temporary use. Phased development as part of an overall subdivision development plan by a single developer shall be considered a subdivision for purposes of this section. A temporary construction office shall not be used to support construction in any other subdivision.

(Ord. No. 1-1992, § 11(51-1120), 3-10-1992)

One temporary neighborhood redevelopment office operated by a public or semipublic nonprofit organization in redevelopment of an existing residential area may be established and operated, if approved by the zoning commission within any platted subdivision in a permanent residential structure for a period not exceeding three years from the date of approval by the zoning commission. The zoning commission may hold a public hearing and may notify adjacent property owners prior to making a decision. Extensions of time of one year may be granted by the zoning commission upon receipt or written request to continue temporary use. No other commercial activity shall be conducted at this location.

(Ord. No. 1-1992, § 11(51-1121), 3-10-1992)

(a)

Intent. The purpose of this section is to promote the reasonable, orderly and effective display of off-premises outdoor advertising while remaining consistent with the national policy to protect the public investment in the interstate and federal aid primary highways, to promote the safety and recreational value of public travel, to promote and enhance the beauty, order and attractiveness of the town to residents, tourists and visitors and thus positively influence the economic prosperity of the area, and to support and complement land use objectives in this chapter. The uncontrolled use of off-premises outdoor advertising signs and their location, density, size, shape, motion, illumination and their demand for attention are destructive to adjacent property values, and to the objectives stated above. It has now become common knowledge that these conditions can be relieved, in a measure prevented and often eliminated through planned and properly enforced ordinances, thereby resulting in the overall enhancement of the general health, safety and welfare of the people of the town. All outdoor advertising displays, signs and billboards shall be constructed, erected and maintained, in accordance with the provisions of this section.

(b)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Interstate system means that portion of the national system of interstate and/or defense highways located within the town as officially designated, or as may hereafter be so designated by the state and approved by the United States government.

Off-premises outdoor advertising means any outdoor sign, display, figure, painting, drawing, message, plaque, poster, billboard, flag, or any other thing which is designed, intended or used to advertise or inform, which is not located within this public right-of-way, and part of which advertising or information content is visible from any place on the main travel way of the interstate system or any public street in the town. The term "off-premises outdoor advertising," however, does not include signs with subject matter relating to the premises on which it is located (business signs) or signs of noncommercial nature placed on the premises by the owner or occupant thereof, and such on-premises advertising or identifying structures shall not be considered outdoor advertising structures for any purpose of this section.

Public street means any street, expressway, or highway prescribed in the master plan for streets and roads but not included in the above definition of interstate system.

(c)

Location of signs.

(1)

No off-premises outdoor advertising display, sign or billboard shall be permitted in any residentially zoned area or B-1 (commercial) zoned area except as allowed in this section. However, in the town, signs may be placed in R-A, residence-agriculture district under the following conditions:

a.

Signs up to 72 square feet permitted as of right.

b.

Signs from 72 square feet to 300 square feet, permitted with zoning commission approval.

(2)

Signs up to 72 square feet in area may be placed in B-1 zoning districts where the sign premises are adjacent to an arterial or major collector street right-of-way.

(3)

Approved off-premises outdoor advertising displays, signs or billboards may be constructed, erected and maintained in B-2 or B-3 (commercial) and industrially zoned areas.

(4)

Off-premises outdoor advertising structures with a sign surface in excess of 72 square feet must maintain a minimum front yard (setback) of 30 feet from the front property line. This will apply to all zoning classifications except in I-1 and I-2 where the setback will be 15 feet. Off-premises outdoor advertising structures with a sign surface of 72 square feet or smaller must maintain a minimum foot yard (setback) of ten feet from the front property line. No side yard will be required. No rear yard will be allowed unless the adjacent property is a residential zoning district where the rear yard will be 25 feet.

(5)

No off-premises sign shall be located on or project over a building.

(6)

No off-premises outdoor advertising structure shall be located in such a manner as to obscure, obstruct, or otherwise physically interfere with the clear or unobstructed view of an official traffic sign, signal or device, or obstruct or physically interfere with the driver's view of approaching, merging or intersecting traffic.

(7)

No off-premises advertising sign, except temporary signs as described in subsection (g) of this section, may be built on wood poles but must be constructed on steel beams, metal pipes, or similar material, and painted any neutral, subdued color.

(d)

Size of signs.

(1)

The following table specifies sign requirements per location for each facing for the noted zoning districts.

(2)

The term "surface" means the total area of a plane that contains the sign faces.

(3)

The maximum area, heights of surface, and length of surface dimensions in the above table are exclusive of any border or trim, the base or supports, and other structural members. For signs in industrial or B-3 districts, cutouts or extensions up to 150 square feet of additional area will be allowed.

(4)

The maximum height of any sign shall be measured as the vertical distance between the highest part of the sign and either the ground level at its supports or the nearest edge of the adjacent interstate highway right-of-way or public street right-of-way, whichever is higher in elevation.

(5)

When two off-premises sign surfaces are placed back-to-back or V-type on the same structure with an angle between them of not more than 60 degrees, each sign surface shall conform to the maximum size limitations. No more than two signs surfaces are allowed on one structure. No more than two signs faces may comprise one sign surface.

(e)

Spacing of signs. Property facing on the interstate system and public streets and all other property within 660 feet of the nearest edge of the right-of-way of such roads or streets which is zoned so as to permit the construction and maintenance of outdoor advertising signs, shall be subject to the following spacing restrictions:

(1)

For the purpose of the regulations of this subsection, each side of the interstate system or public street shall be considered separately.

(2)

V-type or back-to-back sign surfaces on the same structure with an angle between them of not more than 60 degrees shall be considered one sign. However, the foregoing notwithstanding, only two sign surfaces are allowed on one structure, and each surface shall conform to the size restrictions in the above table and to subsections (d)(4) and (d)(5) of this section.

(3)

The following spacing requirements shall be applied:

Interstate 20: 1,000 feet.

Industrial loop: 1,000 feet.

Public streets:

For signs larger than 72 square feet: 300 feet.

For signs 72 square feet or smaller: 300 feet.

(4)

The maximum distance between off-premises signs shall be measured along the nearest edge of the pavement between points directly opposite the signs on each side of the highway and shall apply only to off-premises signs located on the same side of the highway.

(5)

An off-premises sign shall maintain a minimum spacing of 200 feet from any residential zoning district, except R-3 districts, with frontage on the same side of the same street, as measured linearly along the same street right-of-way frontage.

(6)

No sign shall be located within 200 feet of any public park of more than one acre.

(f)

Lighting. Signs may be illuminated, subject to the following restrictions:

(1)

No revolving or rotating beam or beacon of light that simulates any emergency light or device shall be permitted as part of any sign. Flashing devices shall not be permitted upon a sign; however, illuminated signs which indicate such customary public service as time, date, temperature or other similar information shall be permitted.

(2)

External lighting, such as floodlights, thin line and gooseneck reflectors are permitted, provided that the light source is directed on the face of the sign and effectively shielded so as to prevent beams or rays of light from being directed or reflected onto any portion of the interstate highway or public street.

(g)

Temporary signs. Temporary signs related to political elections may be erected in any zoning district of the town but may not be within the public right-of-way. Temporary signs may also be erected in any zoning district of the town in connection with nonprofit promotions or special events, provided that they are of community-wide interest and approved for placement by the board of adjustment. Temporary signs placed in residential areas shall not exceed eight square feet in area and no such sign in other zoning districts shall exceed 16 square feet. Such temporary signs shall be removed within one week of the event's conclusion. For the purposes of this subsection, the term "temporary signs" shall refer to those signs described in subsection (h)(4) of this section.

(h)

Prohibited signs. The following signs shall not be permitted to remain or be erected:

(1)

Signs which are obsolete, including billboards that have been blank for six months, structures not meeting construction standards, and signs or structures which have been erected without a permit having been issued therefor and thus are illegal.

(2)

Signs which are illegal under state laws or regulations.

(3)

Signs which are not clean and/or in good repair.

(4)

Signs that are not securely fixed on a substantial structure, securely connected to the ground in such a way that it cannot easily be moved from one location to another, including skid-mounted signs or trailer-mounted signs.

(5)

Signs which attempt or appear to attempt to regulate, warn or direct the movement of traffic, or which interfere with, imitate or resemble any official traffic sign, signal or device.

(6)

Signs which are erected or maintained upon trees or painted or drawn upon rocks or other natural features.

(7)

Signs located on public property, unless placed thereon under lease arrangements or otherwise permitted by legal authority.

(8)

Signs which contain statements, words, or pictures of an obscene nature as defined by law.

(9)

Signs which contain as part of the message mirror-like surfaces.

(10)

Signs which are constructed so as to periodically change the direction toward which any plane containing the sign surface area is oriented.

(11)

Signs which emit smoke, vapor, particles or odor.

(12)

Signs which are not consistent with the standards in this section.

(i)

Visible sign backs. Visible backs of signs shall be suitably painted or otherwise covered to present a neat and clean appearance.

(j)

Enforcement. The zoning administrator is hereby authorized and directed to enforce all the provisions of this section. Upon presentation of proper credentials, he or his authorized representative may enter any building, structure or premises in the town to perform any duty imposed upon him by this section.

(k)

Permit requirement. No sign shall be erected, altered or relocated without first securing a permit from the zoning administrator and the office in charge of inspections. Such permit shall contain the location of the sign structure, the name and address of the sign owner, the sign erector, a drawing showing the design and location of the sign and such other pertinent information as the zoning administrator may require to ensure compliance with all ordinances.

(l)

Sign removal. The zoning administrator may order the removal of any sign erected or maintained in violation of this section. He shall give ten days' notice in writing to the owner of such sign or of the building, structure or premises on which such sign is located, to remove the sign or to bring it into compliance. He may remove a sign at cost to the owner immediately, and without notice, if in his opinion, which shall be final, the sign presents an immediate threat of danger to the safety of the public.

(m)

Identification plaque required. All outdoor advertising structures shall include an identification plaque of 200 square inches or less on each sign surface. The plaque shall contain the name (or easily recognized logo) of the sign owner and be clearly legible.

(n)

Grandfathering. All signs legally in existence on the effective date of this section but not meeting the provisions of this section shall be considered legal, nonconforming signs and shall be "grandfathered." Reasonable repair and maintenance must be conducted on such signs. Should any of these signs become damaged by any means to the extent of 50 percent of its original structure, it must be removed. Subsequent to January 1, 1992, the town may require the removal of any and all nonconforming signs provided just compensation is paid to the owner.

(o)

Penalty. All persons and or sign companies, operating in the town must be licensed and submit to the building director an annual certificate of liability insurance, with minimum limits of $500,000.00 for any one accident, prior to the issuance of any permit. This section does not apply to the erection of signs as set forth in subsection (g) of this section.

(Ord. No. 1-1992, § 11(51-1122), 3-10-1992)

(a)

Intent of section. The town recognizes the need for some citizens to use their place of residence for limited nonresidential activities. However, the town believes that the need to protect the integrity of its residential districts is of primary concern. The intent and purpose of the provisions of this section are to provide certain types of occupational uses within residential districts which:

(1)

Are compatible with residential uses;

(2)

Are incidental to the use of the premises as a residence;

(3)

Are limited in extent; and

(4)

Do not detract from the residential character of the neighborhood.

(b)

Definition. A home occupation is defined as any business or commercial activity that is conducted or petitioned to be conducted from property that is zoned for residential use.

(c)

Criteria. All home occupations shall meet the following criteria:

(1)

A home occupation shall be conducted within a dwelling unit and shall be clearly incidental to the use of the structure for residential purposes. No more than 25 percent of the floor area of a dwelling unit, or no more than 500 square feet of the dwelling unit, (whichever is less), may be used in connection with a home occupation or for storage purposes in connection with a home occupation.

(2)

No person other than a resident of the dwelling unit shall be engaged or employed in the home occupation on the premises.

(3)

Storage, other than within the dwelling unit, of goods, materials, or products connected with a home occupation shall be limited to a maximum area of 100 square feet and must be completely within an enclosed accessory building or garage.

(4)

There shall be no sales conducted on the premises other than sales previously made by appointment.

(5)

There shall be no exterior indication of the home occupation or variation from the residential character of the principal dwelling.

(6)

The use shall not require additional off-street parking spaces for clients or customers of the home occupation.

(7)

The home occupation shall not create greater vehicular or pedestrian traffic than normal for the district in which it is located.

(8)

Deliveries and pickups from commercial suppliers shall not be made more than once each week, and the deliveries shall not restrict traffic circulation.

(9)

No advertising display signs shall be permitted on the site other than the allowance of one vehicle with attached signs advertising the home occupation to be in compliance with subsection (c)(10) of this section.

(10)

Advertising shall only carry the name and telephone number of the applicant. No advertising, other than business cards, shall carry the residential address of the applicant.

(11)

There shall be no use or storage of tractor trailers, semitrucks, or heavy equipment such as construction equipment used in a commercial business.

(12)

No toxic, explosive, flammable, combustible, corrosive, etiologic, radioactive, or other restricted materials shall be used or stored on the site.

(13)

The use shall not produce offensive noise, obnoxious odors, vibrations, smoke, fumes, heat or dust detectable to normal sensory perception beyond the premises.

(14)

No equipment or process shall be used which creates visual or audible electrical interference in any radio or television receiver beyond the premises or cause fluctuation in line voltage beyond the premises.

(d)

Procedure.

(1)

Application. Application for a home occupation permit shall be made to the zoning administrator on a form provided by the department. A reasonable inspection of the applicant's premises shall be undertaken by the code enforcement inspectors to determine compliance with this section. The zoning administrator will make a decision and notify the applicant in writing within five calendar days of the date the application is received. In cases where the zoning administrator considers the application not within the scope of the home occupation criteria, the application will be denied.

(2)

Time limit/renewal. All home occupation permits shall be valid for a period of two years. Requests for renewals shall be submitted to the zoning administrator in writing prior to expiration of the permit. The zoning administrator may refuse to approve a request for renewal based on one or more violations of the provisions of this section.

(3)

Appeal to the zoning board of adjustment. The decision of the zoning administrator concerning approval or renewal shall be final unless a written appeal is filed with the zoning board of adjustment within ten calendar days of the decision. An appeal may only be filed by the applicant.

(4)

Special exception from criteria. An application requesting special exception from strict application of any of the criteria above, may be filed with the board of adjustment and may be approved in individual cases if the special exception is in accordance with the intent of this section.

(5)

Prior legal home occupation/home business. Any home occupation or home business which is legally permitted prior to March 10, 1992, shall not be required to conform to the criteria of this section. Prior legal home occupations or home businesses shall be subject to renewal every two years and shall not expand or alter the uses as stated in the original permit agreement.

(Ord. No. 1-1992, § 11(51-1123), 3-10-1992)

Cross reference— Businesses, ch. 18.

(a)

Intent of section. The town recognizes that there are individuals in the community who are unable to meet the demands of independent living and need to live together for mutual support in larger numbers than what is currently allowed by this chapter. It is further recognized that through the deinstitutionalization of persons that are mentally handicapped, many persons have been returned to our community unprepared to live alone and without an adequate support system. It is further recognized that through personal interaction and involvement with the community these individuals can reach their fullest potential. Although these individuals may not require daily medical care, they may need guidance with daily living skills. The intent and purpose of the provisions of this section is to provide a safe residence for these persons which:

(1)

Constitutes a single housekeeping unit in which residents share responsibilities, meals and recreation;

(2)

Is limited as to number of occupants;

(3)

Is maintained in keeping with the residential character of the neighborhood.

(b)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Personal care means protective care of a resident who does not require chronic or convalescent medical or nursing care. Personal care involves responsibility for the safety of the resident. Personal care may include a daily awareness by the management of the resident's functioning, his or her whereabouts, the making and reminding a resident of appointments, the ability and readiness to intervene if a crisis arises for a resident, supervision in areas of nutrition and medication, and the actual provision of temporary medical care.

Service dependent person means any person who has a mental or physical impairment which substantially limits one or more of the following major life activities:

(1)

Self-care;

(2)

Receptive or expressive language;

(3)

Learning;

(4)

Mobility;

(5)

Self-direction;

(6)

Capacity for independent living; and

(7)

Economic self-sufficiency.

This definition shall not include persons impaired by reasons of drug abuse, alcohol abuse, nor shall it apply to persons currently under sentence or on parole from any criminal violation or those who have been found not guilty of a criminal charge by reasons of insanity; or any person whose past threats or behavior creates a medically significant risk to others or to property; or any person who is currently a danger to themselves.

Single-family personal care home means a dwelling that provides personal care services and supervision to six or fewer service dependent persons; such home shall provide trained supervisory personnel in order to function as a single-family unit but not to exceed two supervisory live-in persons; such home shall ensure that admission decisions for mentally handicapped persons are medically appropriate, based on the recommendation and approval of the admission by a state licensed clinical psychologist or psychiatrist; and such home shall be certified licensed or monitored by the state and shall otherwise ensure compliance with written state and federal placement and funding criteria. Single-family personal care homes do not include boardinghomes, fraternities, sororities, halfway houses, homeless or transient housing, day cares, nursing homes, hospices or acute medical care facilities.

Temporary medical care means the kind of medical care which is normally provided in the home by one family member for another, not skilled nursing convalescent or acute medical care.

(c)

Criteria. In order to provide a safe residence and adequate living space for service dependent persons, and to minimize the impact of single-family personal care homes, single-family personal care homes shall meet the following criteria:

(1)

A single-family personal care home shall provide the following minimum physical requirements:

a.

At least 200 square feet of gross floor area per occupant thereof.

b.

Each room used for sleeping purposes:

Eighty square feet per single occupant; 120 square feet for two residential districts, all single-family occupants;

Sixty additional square feet must be provided for each additional occupant in excess of two per room used for sleeping purposes.

c.

A minimum of 200 square feet of living/recreation space.

d.

At least 1,000 square feet of outdoor area shall be provided, exclusive of driveways, parking areas and maneuvering space. All such areas shall be appropriately landscaped.

e.

Two full baths.

(2)

A proposed single-family personal care home shall not be located within a radius of 1,000 feet of an existing single-family personal care home. Measurement shall be made from the nearest point of the existing site to the nearest point of the site of the proposed home.

(3)

Professionally trained 24-hour supervision shall be provided at all times.

(4)

Adequate hard-surfaced parking shall be provided on-site for clients, staff and visitors. The required parking shall be determined by the zoning administrator based on the number of live-in staff, the number of residents who possess a driver's license, and the number of additional employees regularly visiting the site, and the compatibility of the parking plan with the residential character of the immediate neighborhood. If additional parking is required, it shall be provided behind the required front yard setback.

(5)

No sign advertising the organization or otherwise distinguishing this site from other residential sites shall be permitted.

(6)

Exterior and interior improvements shall only be permitted which maintain the residential character and integrity of the existing dwelling. Exterior appearance, including yard and vertical improvements, shall be maintained in a manner in keeping with the immediate neighborhood.

(7)

There shall be no office activities conducted from this site. The dwelling shall not be used for nonresident counseling activities.

(8)

Since it is unlikely that occupants of single-family personal care homes will have personal transportation, these facilities shall be located within one-quarter mile of established public transit routes, or evidence of an alternative transportation plan shall be submitted to and approved by the zoning administration.

(9)

Single-family personal care homes shall comply with all other codes and ordinances.

(10)

All single-family personal care homes shall comply with Louisiana Life Safety Code (chapter 21) for residential board and care occupancies.

(11)

The sponsoring agency of the single-family personal care home shall comply with all state licensing requirements including, but not limited to, personnel, programming, admissions, safety and sanitation for the particular type of residents being cared for.

(12)

A certificate of occupancy shall be required for all single-family personal care homes.

(d)

Procedure.

(1)

Application. Application for a single-family personal care home shall be made to the zoning administrator. In order to determine whether a particular site meets the criteria of this section, a site plan, a detailed floor plan and a completed technical review form shall be required. The technical review form shall include the name of the sponsoring agency and the licensing agency, a statement of the exact nature of the home planned, the type and number of personnel, and the number of residents. It shall also include specific information regarding the proposed site such as location, size of structure, number of bedrooms, number of parking spaces, size of outdoor and indoor recreation areas, etc. An inspection of the site shall be undertaken by zoning, building, plumbing, electrical and fire prevention inspectors to determine compliance with this and other applicable ordinances regarding the proposed occupancy. The zoning administrator will make a decision and notify the applicant in writing within seven calendar days of the date a completed application is received. In cases where the zoning administrator considers the application not within the scope of the single-family personal care home criteria, the application will be denied.

(2)

Time limit/renewal. All single-family personal care certificates of occupancy shall be valid for a period of two years. Requests for renewals shall be submitted to the zoning administrator in writing prior to expiration of the certificate of occupancy. The zoning administrator may refuse to approve a request for renewal based on one or more violations of the provisions of this section.

(3)

Appeal to the board of adjustment. The decision of the zoning administrator concerning approval or renewal shall be final unless a written appeal is filed with the board of adjustment within ten calendar days of the decision. An appeal may only be filed by the applicant.

(4)

Special exception from criteria. An application requesting special exception from strict application of any of the criteria in subsection (c) of this section may be filed with the board of adjustment and may be approved in individual cases if the special exception is in accordance with the intent of this section.

(Ord. No. 1-1992, § 11(51-1124), 3-10-1992)

Cross reference— Businesses, ch. 18.

(a)

Intent of section. It is the intent of this section to encourage provision of alternative, modest income housing in general residential areas by permitting the use of certain factory-built homes, as defined in this section, in all districts in which similar dwellings constructed on site are permitted, subject to the requirements set forth in this section to ensure acceptable similarity in exterior appearances between such factory-built homes and dwellings that have been or might be constructed under the regulations of this section and other lawful regulations on adjacent or nearby lots in the same district.

(b)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Factory-built housing means a prefabricated structure designed for longterm residential use. For the purpose of the regulations of this section, factory-built housing shall include manufactured homes, modular homes and mobile homes.

Heatable area means the area of a structure which is inhabited, excluding accessory structures, such as, but not limited to, garages, patios and porches.

Manufactured home means a dwelling unit fabricated in an off-site manufacturing facility for installation or assembly at the building site, bearing the seal certifying that it is built in compliance with the Federal Manufactured Housing Construction and Safety Standards Code.

Manufactured Housing Construction and Safety Standards Code means Title VI of the 1974 Housing and Community Development Act (42 USC 5401, et seq.), as amended (previously known as the Federal Mobile Home Construction and Safety Act), rules and regulations adopted thereunder (including information supplied by the home manufacturer, which has been stamped and approved by a design approval primary inspection agency, an agent of the U.S. Department of Housing and Urban Development pursuant to HUD rules), all of which became effective for mobile/manufactured home construction on June 15, 1976.

Mobile home means a transportable structure, designed to be used as a yearround residential dwelling, built prior to the enactment of the Manufactured Housing Construction and Safety Standards Code.

Modular home means a prefabricated dwelling which can be certified as being built in accordance to the Standard Building Code.

Permanent foundation means any structural system for transferring loads from a structure to the earth below the established frost line without exceeding the safe bearing capacity of the support soil.

Permanent perimeter enclosure means a structural system completely enclosing the space between the floor joists of the home and the ground.

(c)

Criteria.

(1)

Permitted placement. The establishment, location and use of factory-built homes as scattered site residences shall be permitted in any residential district, subject to requirements and limitations applying to each district, provided that such homes shall meet the following requirements:

a.

The home shall meet all requirements applicable to single-family dwellings regarding setbacks and off-street parking and obtain zoning certification and a developmental permit.

b.

The home shall be attached and anchored to a permanent foundation in conformance with the manufacturer's installation specification.

c.

The minimum width of the dwelling, excluding attached accessory uses, shall be 20 feet.

d.

The home shall be covered with an exterior siding material consisting of either wood, masonry, concrete, stucco, vinyl, masonite, vinyl lap or metal lap.

e.

The home shall have a roof composed of material customarily used on site-built homes, such as fiberglass, shake, asphalt or tile, which shall be installed in compliance with section 706 of the Standard Building Code. The roof shall have a minimum pitch of three feet vertical rise for every 12 feet of horizontal run.

f.

The roof overhang must not be less than six inches measured from the vertical sides of the home.

g.

The hitch, axles, wheels and running lights must be removed.

h.

The home must be placed so that the minimum finished floor elevation must be in compliance with flood hazard prevention and FEMA standards.

i.

A permanent perimeter enclosure which is ventilated in accordance with the Standard Building Code is recommended for energy conservation and aesthetic considerations.

(2)

Placement with board of adjustment approval. Factory-built homes not meeting the terms of subsection (c)(1) of this section, and mobile homes, shall be permitted within the town only after receiving special exception use approval from the board of adjustment. However, in the town, in residential-agricultural zones, homes in this category may be placed on a legal building site of one acre or more which does not have another dwelling, provided that a zoning certificate and a development permit are obtained.

(3)

Location out of parks. This section shall apply only to factory-built housing located outside of mobile home parks or mobile home subdivisions.

(4)

Structural alterations. Due to its integral design, any structural alteration or modification of a factory-built home after it is placed on the site must be in accordance with the manufacturer's recommendations.

(d)

Appeals. Any person aggrieved by the decision of the zoning administrator regarding the placement of a factory-built home may appeal to the board of adjustment in writing within ten days of receipt of such decision.

(e)

Penalty for violation of section. A factory-built home which is placed on a residentially zoned lot in noncompliance with the provisions of this section constitutes a violation of this chapter. Each day of noncompliance constitutes a separate and distinct offense. Each offense may be punishable by fines of not less than $50.00 nor more than $500.00 per day.

(Ord. No. 1-1992, § 11(51-1125), 3-10-1992)

Where a lot is located in a residence district and which was of record on March 10, 1992, contains less than the minimum area requirements for the district, such lot may be used as the building site for a one-family dwelling.

(Ord. No. 1-1992, § 11(51-1131), 3-10-1992)

(a)

On a corner building site in any district in which a front yard is required, no fence, wall, planting, or structure (other than a legally permitted single pole sign whose pole is less than six inches in diameter) more than three feet in height shall be erected, placed or maintained within the triangular area formed by the intersecting street right-of-way lines and a straight line connecting such street lines at points 30 feet from the point of intersection measured along such street lines. This height is to be measured from the lowest elevation of the centerline of the streets at a point adjacent to the triangular area.

(b)

Trees whose canopy at maturity will begin no less than nine feet above the ground may be approved in the sight triangle by the town engineer, or his designee, in cases where there will be no visual interference at any time during the growth period with the safe and efficient circulation at an intersection or driveway.

(Ord. No. 1-1992, § 11(51-1132), 3-10-1992)

Cross reference— Traffic and vehicles, ch. 58.

The height limits for the various districts shall not apply to church spires or belfries, nor to chimneys, ventilators, skylights, water tanks, parapet walls, cornices, or necessary mechanical appurtenances usually carried above the roof level, provided that such features are limited to the height necessary for their proper functioning.

(Ord. No. 1-1992, § 11(51-1141), 3-10-1992)

In any district, any main structure may be erected or altered to a height in excess of that specified for the district in which the structure is located, provided that each required front, side and rear yard is increased one foot for each foot of such excess height; provided further, that where no front yard is required that part of the structure exceeding the height specified for the district shall be set back from the vertical plane of all street lines one foot for each two feet of such excess height.

(Ord. No. 1-1992, § 11(51-1142), 3-10-1992)

Except in the R-A districts in any residence district any building site lying between two building sites adjacent thereto and having dwellings erected upon them on March 10, 1992, shall have a front yard equal in depth at least to the average depth of the front yards of the building sites adjacent thereto; provided, however, that no front yard shall be less than 20 feet in depth, and no front yard shall be required to be more than 30 percent of the depth of the building site.

(Ord. No. 1-1992, § 11(51-1151), 3-10-1992)

When a building site in a business or industry district is adjacent to a residential district, there shall be provided and maintained on such business or industrial building sites:

(1)

Where the side line and rear line, in the case of a corner lot, of a building site in a business or an industry district, abuts upon the side line of a building site in any residence district, there shall be provided on the building site lying in the business or industry district and adjacent to the residence district a side yard and rear yard, in the case of a corner lot, not less than 40 feet in width.

(2)

A six-foot to eight-foot high solid fence of cedar, redwood, or durable pressure treated wood materials or solid wall of brick or concrete shall be located along the side or rear property line that is adjacent to a residential district. The screening shall be adequate to obstruct views, reduce noise, divert emissions, or lessen other potential land use conflicts with adjacent properties and shall be continuously maintained and present an attractive appearance to the adjacent properties. The fence or wall shall also conform with the height restriction in section 66-532, visibility at intersections, and section 66-569, fences and walls.

(3)

The requirements of this section may be modified or waived by the zoning commission where future business or industrial expansion to adjacent properties in the residential district may be reasonably anticipated or where no practical benefit to adjacent properties may be derived by the specified screening or yard requirement.

(Ord. No. 1-1992, § 11(51-1152), 3-10-1992)

In the B-2, B-2A, B-3, I-1 and I-2 districts, if side yards are provided, such side yards shall have a minimum of ten feet.

(Ord. No. 1-1992, §§ 6, 11(51-1153), 3-10-1992)

In any district, a building site shall provide access to all structures thereon for firefighting equipment.

(Ord. No. 1-1992, § 11(51-1154), 3-10-1992)

In any district a corner building site having to its rear a building site facing toward the intersecting or side street shall have provided on the intersecting or side street side of the corner building site a side yard having a width equal at least to the depth of the front yard required for a structure on the building site to the rear of the corner building site; provided, however, that this section shall not be applied to reduce the buildable width of the corner building site to less than 30 feet nor require a side yard of more than ten feet.

(Ord. No. 1-1992, § 11(51-1155), 3-10-1992)

Every part of a required yard shall be open and unobstructed from the ground to the sky except for permitted accessory structures and for the ordinary projections of sills, belt courses, cornices, buttresses, eaves, and similar architectural features, provided that such projections shall not extend more than two feet into any required yard. Open fire escapes may extend into any required yard not more than 3½ feet.

(Ord. No. 1-1992, § 11(51-1156), 3-10-1992)

(a)

Yard requirements, exemptions. In any business or industry district no accessory structure or attached accessory use shall occupy any part of a required rear yard; in any residential district no accessory structure or attached accessory use shall occupy more than 30 percent of a required rear yard; in no district shall an accessory structure of attached accessory use occupy any part of a required front or side yard; in no district shall a detached accessory structure occupy any part of a front yard, except in the town where residential lots in excess of two acres in size or with a house setback of more than 100 feet shall be exempt from this subsection; provided, however, that the restrictions of this subsection shall not apply to the location of any radio or television antennae.

(b)

Side and rear line requirements. No accessory structure or attached accessory use shall be erected or altered so that it is closer than ten feet to a side lot line or five feet to a rear lot line.

(c)

Corner building site. No accessory structure or attached accessory use on a corner building site having to its rear a building site facing toward the intersection or side street shall be erected or altered nearer to the intersecting or side street line than the front building line to be observed by any structure on the building site to the rear of the corner building site.

(d)

Attached accessory uses. Any nonliving, unheated, attached portion of a single-family residence and limited to such uses as carport, garage, storage, etc., may be considered accessory and may be permitted the same yard requirements as a detached building.

(Ord. No. 1-1992, §§ 6, 11(51-1157), 3-10-1992)

Front yard depth and, in the case of a corner building site, side yard width shall be measured from the future street right-of-way line where such line has been established on the official map to define a mapped street.

(Ord. No. 1-1992, § 11(51-1158), 3-10-1992)

(a)

Front yards. Except as provided in subsection (e) of this section, in any district, except industrial districts, no fence (except a chainlink fence), wall, hedge or planting, except trees, shall be erected, altered, placed or maintained in the first 15 feet directly behind the front property line to exceed a height of three feet. In these same districts, behind the above-referenced 15-foot line, a fence which does not obstruct sight above the height of three feet may be erected to a height of six feet in the required front yard.

(b)

Side and rear yards. Except as provided in subsection (e) of this section, in any district, except industrial districts, no fence (including a chainlink fence), wall, hedge or planting (except trees), shall be erected, altered, placed or maintained in any required side or rear yard to exceed a height of eight feet; except in the case of a reverse corner lot, in which case, no fence (except a chainlink fence), exceeding three feet in height, shall be erected, altered, placed or maintained along the side street line and along that part of the rear property line intersecting with the street side property line for a distance equal to the required building setback line.

(c)

Electrical fences. Electrical fences, other than six volt or 12 volt battery powered or UL listed solid state, high impedance, short shock, low burning electrical fences, shall be prohibited.

(d)

Barbed wire fences. Barbed wire used on fences shall be placed not less than seven feet above ground, except as provided in subsection (e) of this section.

(e)

Open fences. On sites principally used for agricultural purposes, open fences (including barbed wire and permitted electrical fences) in excess of three feet in height and less than six feet in height may be erected in any required yard where necessary for confinement of livestock or for security reasons.

(f)

Zoning certificate required. Except for fences erected as stated in subsection (e) of this section, no fence shall be erected, altered or relocated without first securing a zoning certificate from the zoning administrator. Such certificate shall contain the location of the fence structure, the name and address of the fence owner, the fence erector, a drawing showing the design and location of the fence and such other pertinent information as the zoning administrator may require to ensure compliance with all zoning ordinances.

(Ord. No. 1-1992, § 11(51-1159), 3-10-1992)

(a)

Lot width.

(1)

When subdividing business or industrially zoned land, the minimum width of lots shall be determined according to the master plan classification of the adjoining frontage street, as follows:

(2)

The zoning commission may approve a subdivision with lots of a lesser width if in a coordinated development of smaller lots, such as a shopping center shared lots, complete with access standards specified in subsection (b) of this section.

(b)

Lot access.

(1)

The maximum number of driveway pairs (one ingress and one egress or one combined) for access to a single business or industrially zoned lot shall be determined according to the master plan street classification of the adjoining street, as follows:

(2)

The maximum number of driveways may be increased where the traffic engineer has determined that strict application of the standards of this section would cause practical difficulties or undue hardship and that additional driveways would not interfere with the safe and efficient circulation of traffic on and off the site. Appeal of the traffic engineer's determination may be made to the board of adjustment.

(Ord. No. 1-1992, § 11(51-1160), 3-10-1992)

In any B-1 district, no store, shop or other commercial establishment shall be open for business before 6:00 a.m. or after 7:00 p.m.

(Ord. No. 1-1992, § 11(51-1171), 3-10-1992)

In any B-2 district, no office, store, shop or other commercial establishment shall be open for business before 7:00 a.m. or after 12:00 midnight, unless authorized by the board of adjustment.

(Ord. No. 1-1992, § 11(51-1172), 3-10-1992)

In any B-3 district, no store, shop or other commercial establishment shall be open for business before 7:00 a.m. or after 12:00 p.m. midnight, unless authorized by the board of adjustment.

(Ord. No. 1-1992, § 11(51-1173), 3-10-1992)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Caliper means the diameter of a tree trunk measured six inches above ground level. If a tree is of a multitrunk variety, the caliper of the tree is the average caliper of all of its trunks.

Canopy tree means a species of tree which normally bears crown foliage no lower than six feet above ground level upon maturity.

Ground cover means natural mulch or plants of species which normally reach a height of less than three feet upon maturity, installed in such a manner so as to form a continuous cover over the ground.

Large tree means a tree of a species which normally reaches a height of 30 feet or more upon maturity.

Nonpermeable coverage means coverage with nonpermeable pavement.

Small tree means a tree of a species which normally reaches a height of less than 30 feet upon maturity.

Temporary certificate of occupancy means a certificate which allows for a structure to be used and occupied for a specified time period until a certificate of occupancy is officially approved.

Visibility at intersections means that on a corner building site in any district in which a front yard is required, no fence, wall, hedge, or other structure or planting more than three feet in height shall be erected, placed or maintained within the triangular area formed by the intersecting street lines and straight line connecting such street lines at points 30 feet from the point of intersection measured along such street lines.

(Ord. No. 1-1992, § 11(51-1182), 3-10-1992)

Cross reference— Definitions generally, § 1-2.

The intent of the landscaping requirements stated in this division are as follows:

(1)

To aid in stabilizing the environment's ecological balance by contributing to the processes of air movement, air purification, oxygen regeneration, groundwater recharge, and stormwater runoff control, while at the same time aiding in noise, glare, heat and dust abatement;

(2)

To provide visual buffering between land uses of differing character;

(3)

To enhance the beautification and quality of life of the town;

(4)

To protect the public health, safety and general welfare;

(5)

To safeguard and enhance property values and to protect public and private investment;

(6)

To assist in providing adequate light and air and in preventing overcrowding of land; and

(7)

To encourage innovation and quality in landscape and architectural design.

(Ord. No. 1-1992, § 11(51-1181), 3-10-1992)

The requirements of this division shall apply to new development with street frontage in the following districts:

(1)

Industrial: I-1, I-2.

(2)

Commercial: B-1, B-2, B-2-A, B-3.

(3)

Multifamily, townhouse residence districts: R-1(TH), R-2(TH), R-2, R-3.

(4)

Off-street parking facilities: I-1, I-2, B-1, B-2, B-2-A, B-3, R-1(TH), R-2(TH), R-2, R-3.

Extended use zoning provisions shall take precedence over the requirements of this section.

(Ord. No. 1-1992, § 11(51-1183), 3-10-1992)

(a)

All property designated in section 66-608 with existing paved ground surface areas on March 19, 1992, shall not be required to conform to the requirements of this division unless reconstruction or expansion or improvements on the property requiring a building permit is undertaken that:

(1)

Increases the number of stories in a building on the property;

(2)

Increases by more than ten percent or 10,000 square feet, whichever is less, the combined floor areas of all buildings on the property; or

(3)

Increases the nonpermeable coverage on the property by more than 2,000 square feet.

No structure shall be required to be altered or moved, except during reconstruction, to meet the requirements of this division.

(b)

Existing developed areas designated in section 66-608 which are not undergoing reconstruction or expansion activities are encouraged, although not legally obligated, to meet the landscaping requirements as stated in this division.

(Ord. No. 1-1992, § 11(51-1184), 3-10-1992)

A landscape plan must be submitted, in conjunction with the required site plan, to the building department with the application for a building permit for work on the property. The landscape plan can either be a separate print or be included on the required site plan print. The minimum information required on the landscape plan shall include:

(1)

Locations and dimensions of the proposed landscaping strips adjacent to the public right-of-way, including a description and location of the trees and plant materials to be placed within the landscaping strip.

(2)

Locations and dimensions of the proposed landscape areas within the parking area (see section 66-613(a)) including a description and location of the trees and plant materials to be placed within the landscape areas.

(3)

Locations and calipers of existing healthy trees to be retained and counted as part of the landscaping requirements.

(4)

An indication of how existing healthy trees proposed to be retained will be protected from damage during construction.

(5)

Visibility at intersections, if applicable.

(Ord. No. 1-1992, § 11(51-1185), 3-10-1992)

A landscape plan which is alternative to strict compliance with the various landscaping requirements of this division may be approved by the planning director for review by the zoning commission if that plan achieves the intent and general landscaped open space ratio of this division.

(Ord. No. 1-1992, § 11(51-1186), 3-10-1992)

(a)

For all land which is zoned I-1 and I-2, there shall be a minimum of a five-foot landscaping strip abutting the public right-of-way running parallel with the street line, exclusive of driveways and accessways at points of ingress and egress to and from the property.

(b)

For all land zoned B-1, B-2, B-2-A, B-3, R-1(TH), R-2(TH), R-2, R-3, 15 percent of the required front yard shall be landscaped with a minimum of a five-foot landscaping strip abutting the public right-of-way running parallel with the street line, exclusive of driveways and accessways at points of ingress and egress to and from the property.

(c)

Landscaping shall consist of a combination of such materials as grasses, ground covers, shrubs, vines, hedges or trees. Grasses and ground covers alone shall not constitute adequate landscaping.

(d)

There shall be at least one large tree for every 60 lineal feet of the required landscaping strip, or one small tree for every 30 lineal feet of the required landscaping strip.

(e)

As part of the trees required, any existing tree with a 12-inch or greater caliper that is retained within the required front yard shall be counted as two trees in satisfying such requirement.

(Ord. No. 1-1992, § 11(51-1187), 3-10-1992)

Cross reference— Streets, sidewalks and other public places, ch. 50.

(a)

A minimum of 25 square feet of landscape area shall be provided in the parking area for each required off-street parking space within the paved parking lot. For the purposes of this section, parking area means the paved portion of the parking lot and the ten-foot wide strip of land surrounding and immediately adjacent to the paved portion of the parking lot, excluding buildings, public rights-of-way, and the required five-foot street frontage landscaping strip.

(b)

Landscaping shall consist of a combination of lawn grasses, ground covers, shrubs, trees, and nonliving durable material such as brick, stone, rocks, pavers, etc. Eighty percent of such material shall be living.

(c)

Large canopy trees shall be provided in the parking area at a minimum average density of one tree for each 12 required parking spaces.

(d)

These landscaped areas shall be, to the extent possible, evenly distributed to effectively relieve the monotony of large paved areas but not interfere with the orderly circulation of vehicular and pedestrian traffic. Location can be adjusted to accommodate existing trees or other natural features as long as the total off-street parking area landscaping requirements are met.

(e)

All landscaped areas shall be protected from vehicular encroachment by concrete curbs, wheel stops or other permanent barriers, and should be raised.

(f)

As part of the tree requirements, any existing tree with a 12-inch or greater caliper that is retained within the parking lot shall be counted as two trees in satisfying the requirement of this section.

(g)

A reduction of three feet, measured from the concrete curb or other permanent barrier, shall be allowed in the computation of the depth of parking spaces contiguous to the perimeter landscaping strips and/or interior planting areas.

(Ord. No. 1-1992, § 11(51-1188), 3-10-1992)

Cross reference— Traffic and vehicles, ch. 58.

(a)

Large trees shall have a minimum caliper of two inches or a minimum height of six feet, depending on the standard measuring techniques for the species.

(b)

Small trees shall have a minimum height of six feet.

(c)

For the purposes of this section, height is measured from the top of the root ball or, if the plant is in a container, from the soil level in the container.

(d)

In satisfying the landscaping requirements of this division, the use of high quality, hardy and drought-tolerant plant materials is recommended and encouraged.

(Ord. No. 1-1992, § 11(51-1189), 3-10-1992)

No certificate of occupancy shall be approved before completion of landscaping except as follows: If landscaping has not been completed at the time that a certificate of occupancy could be granted, and such certificate is requested, the zoning office may grant a temporary certificate of occupancy to the owner or his agent, which will specify a six-month time limitation for completion of the landscaping requirements of this division.

(Ord. No. 1-1992, § 11(51-1190), 3-10-1992)

The staff of the zoning commission will provide, when applicable, technical assistance to property owners in applying the requirements of this division to their respective site plans.

(Ord. No. 1-1992, § 11(51-1191), 3-10-1992)

(a)

Tree limbs and other planting shall be maintained so as not to create a material impediment to visibility between the height of three feet and seven feet above grade of the parking facility.

(b)

The property owner shall be responsible for watering and maintaining all installed landscaping in a healthy, neat and orderly condition; replacing plants and trees when necessary, and keeping the area free of refuse and debris. Tree limbs and other planting shall be maintained so as not to create an obstruction to a driver's visibility and/or pedestrian movement.

(c)

Ground covers, including wildflowers, which are used to satisfy the requirements of this division are not considered grasses and thus shall not be subject to the town's grass height limitation requirements.

(Ord. No. 1-1992, § 11(51-1192), 3-10-1992)