(A)   For the purposes of this section, the town and its recorded jurisdictional area are divided into the following zoning districts:

      (R-1)   Single Family Residential District

      (R-2)   Lake Residential District

      (R-3)   Multi-Family Residential District

      (R-4)   Mobile Home District

      (B-1)   General Business District

      (B-2)   Commercial Recreation District

      (I-1)   Light Industrial District

   (B)   These districts are shown on the zoning maps of the town and the jurisdictional areas which are incorporated by reference herein.

(‘88 Code, § 10-4-1) (Ord. 82-4, passed 4-26-82; Am. Ord. 94-2, passed 4-4-94)

   The boundaries of each zoning district are identified on the zoning map. Most boundary lines follow corporate limit lines, lot lines, property lines, or extensions of those lines. Where uncertainty exists as to the location of a district boundary, the following rules shall apply:

   (A)   Where no corporate lot, property lines or their extensions are apparent, the boundary shall be located from the scale of the zoning maps.

   (B)   If the boundary location is still uncertain, the Zoning Administrator shall interpret the intent of the zoning map as to the location of the boundary in question.

   (C)   Should any lands be reclaimed from lakes indicated on the zoning map or should lands portrayed on the map as a part of a lake be in fact dry land, the lands shall automatically be zoned R-2.

(‘88 Code, § 10-4-2) (Ord. 82-4, passed 4-26-82; Am. Ord. 94-2, passed 4-4-94)

   (A)   Permitted uses.

      (1)   Agricultural uses and commercial grain storage.

      (2)   Buildings accessory to agricultural use, including single family farmsteads, provided, however no building for the housing nor feeding of livestock, poultry or horses shall be constructed within 100 feet of a R or B District (this restriction shall not apply if a Residential or Commercial district is established within 100 feet of existing operations.

      (3)   Home occupations.

      (4)   Single family residences.

      (5)   Churches, public parks, schools, libraries, cemeteries and other public buildings, utilities and services.

      (6)   Mining, quarrying and commercial forestry.

      (7)   Kennels.

      (8)   Veterinary clinics.

   (B)   Special exception.

      (1)   Sale of agricultural products produced on the premises.

      (2)   Scrap yard or junk yard, provided the use is shielded from view of surrounding roads by a solid fence of at least six feet in height.

      (3)   Planned unit development, provided that all standards set by the Plan Commission are met.

      (4)   A use permitted under § 153.45, “Select Industrial.”

      (5)   Wireless communication facilities, but only if the requirements of § 153.44(B)(4) are met.

   (C)   Yard and building requirements.

      (1)   Setbacks. All primary and accessory buildings and structures shall be located a minimum of 20 feet from the adjoining property lines.

      (2)   Minimum floor area. All dwellings shall have a minimum floor area of 1000 square feet.

   (D)   Special provisions. Dwellings in this district shall be exempt from the provisions of § 153.21(F) and (G).

(‘88 Code, § 10-4-3) (Ord. 82-4, passed 4-26-82; Am. Ord. 94-2, passed 4-4-94; Am. Ord. 2000-06, passed 8-28-00)

   (A)   Permitted uses.

      (1)   Single-family dwellings.

      (2)   Home occupations.

      (3)   Churches, public parks, schools, libraries, cemeteries and other public buildings, utilities and services.

      (4)   Buildings and uses accessory to the above permitted uses.

   (B)   Special exceptions.

      (1)   Two-family dwellings and three-family dwellings, subject to the yard and building requirements listed for the R-3 District.

      (2)   Planned unit development, provided that all standards set by the Plan Commission are met.

      (3)   The alteration, use, change or expansion of a nonconforming use or structure when the change will make the use or structure more compatible with the zoning district. The change may include the upgrade and replacement of a mobile home.

   (C)   Yard and building requirements. In calculating the size of yards and/or measuring to establish setback lines, the measurement is to be taken from the furthest protruding point of the building, such as eaves, steps, ramps, decks, porches and the like.

      (1)   (a)   Front Yard      25 feet minimum

         (b)   Side Yard   5 feet minimum

         (c)   Rear Yard      20-foot minimum

      (2)   Corner lots shall provide front yard setbacks on both street sides, unless the buildable area would be less than 30 feet, in which case the yard requirements end at the 30-foot buildable area line. Minimum floor area: Residential - No dwelling may be established, erected or changed so that its ground floor area, in square feet, is less than 950 square feet for one-story dwellings and 850 square feet for more than one-story dwellings.

      (3)   Minimum lot area is 10,000 square feet if connected to a conservancy sewer system; otherwise, the minimum lot area shall comply with the requirements of DeKalb County or Steuben County wherever the lot or parcel shall be located. Minimum lot width is 80 feet and the minimum lot width shall be measured at the building setback line, also referred to as the frontyard setback line. Maximum floor area ratio is 30%. Accessory buildings of 160 square feet or less in size, not used as a garage and not on a permanent foundation shall observe a minimum setback of five feet. Not more than two accessory buildings shall be permitted. The accessory buildings, one or two, shall comply with the generally applicable setback. Accessory buildings larger than 160 square feet in size shall observe the same setbacks as would apply to the principal building. All accessory buildings shall only be located on the side or rear yard.

         (a)   Minimum lot widths shall be measured at the building setback line, also referred to as the front yard setback line.

         (b)   Minimum lot width            80 feet

         (c)   Maximum floor area ratio      40%

      (4)   Dwellings are not to exceed 35 feet in height measured from the highest ground at foundation to the highest point of the structure. Accessory buildings, other than a garage attached to the dwelling, are not to exceed 25 feet in height and shall have an exterior appearance similar to and in harmony with the dwelling which exterior appearance shall be disclosed as part of the application for the improvement location permit and shall be subject to the review and approval of the Town Manager or his or her designee.

      (5)   Accessory buildings of 160 square feet or less in size, not used as a garage and not on a permanent foundation shall observe a minimum setback of five feet. Not more than two accessory buildings shall be permitted. The accessory buildings, one or two, shall comply with the generally applicable setback. Accessory buildings larger than 160 square feet in size shall observe the same setbacks as would apply to the principal building.

(‘88 Code, § 10-4-4) (Ord. 82-4, passed 4-26-82; Am. Ord. 94-2, passed 4-4-94; Am. Ord. 95-7, passed 12-26-95; Am. Ord. 98-8, passed 8-31-98; Am. Ord. 2002-04, passed 7-1-02; Am. Ord. 2004- 06, passed 4-5-04; Am. Ord. 2013-8, passed 9-3-13)

   (A)   Permitted uses.

      (1)   Any use permitted in an R-1 District.

      (2)   Private lake-oriented recreational buildings and structures (boat houses, docks, etc.)

   (B)   Special exceptions.

      (1)   Planned unit development, provided that, all standards set by the Plan Commission are met.

      (2)   A mobile home meeting the following requirements for mobile home district:

         (a)   Minimum floor area. Provided the proposed use meets all other applicable requirements for the district including but not limited to foundation requirements, the use shall be in an area where the adjacent improved properties are presently occupied by mobile homes or the neighborhood is predominantly mobile homes. No mobile home shall be located on the property which was manufactured more than five years prior to the date upon which its location upon the property is sought.

      (3)   The alteration, use change or expansion of a nonconforming use or structure when the change will make the use or structure more compatible with the zoning district. A change may include the upgrade and replacement of a mobile home.

   (C)   Yard and building requirements.

      (1)   In calculating the size of yards and/or measuring to establish setback lines, the measurement is to be taken from the furthest protruding point of the building, such as eaves, steps, ramps, porches and the like.

         (a)   Front yard         25 feet minimum

         (c)   Rear yard         20 feet minimum

         (d)   For all lots in Crystal Bay and Crystal Cove the front yard setbacks shall be 25 feet, the rear yard setbacks shall be 25 feet and the side yard setbacks shall be five feet, as provided in the plats.

      (2)   Accessory buildings of 160 square feet or less in size, not used as a garage, and not on a permanent foundation shall observe a minimum setback of five feet. Not more than two accessory buildings shall be permitted. The accessory buildings, one or two, shall comply with the generally applicable setback. Accessory buildings larger than 160 square feet in size shall observe the same setbacks as would apply to the principal building. All accessory buildings shall only be located on the side or rear yard.

      (3)   Minimum lot area is 10,000 square feet if connected to a conservancy sewer system; otherwise, the minimum lot area shall comply with the requirements of DeKalb County or Steuben County, wherever the lot or parcel shall be located.

      (4)   Minimum floor area: Residential - No dwelling may be established, erected or changed so that its ground floor area, in square feet, is less than 950 square feet for one-story dwellings and 850 square feet for more than one-story dwellings.

      (5)   Minimum lot widths shall be measured at the building setback line, also referred to as the front yard setback line and the minimum lot width shall be 60 feet.

      (6)   Maximum floor area ratio is 40%.

      (7)   Dwellings are not to exceed 35 feet in height measured from the highest ground at foundation to the highest point of the structure. Accessory buildings, other than a garage attached to the dwelling, are not to exceed 25 feet in height and shall have an exterior appearance similar to and in harmony with the dwelling which exterior appearance shall be disclosed as part of the application for the improvement location permit and shall be subject to the review and approval of the Town Manager or his or her designee.

      (8)   Corner lots shall provide front yard setbacks on both street sides, unless the buildable area would be less than 30 feet, in which case the yard requirements end at the 30 foot buildable area line. Minimum floor area: 950 square feet.

(‘88 Code, § 10-4-5) (Ord. 82-4, passed 4-26-82; Am. Ord. 94-2, passed 4-4-94; Am. Ord. 95-7, passed 12-26-95; Am. Ord. 98-8, passed 8-31-98; Am. Ord. 2002-04, passed 7-1-02; Am. Ord. 2003-12, passed 10-6-03; Am. Ord. 2004-06, passed 4-5-04; Am. Ord. 2004-12, passed 8-2-04; Am. Ord. 2012-1, passed 3-5-12; Am. Ord. 2013-8, passed 9-3-13)

   (A)   Permitted uses.

      (1)   Two- and multi-family dwellings.

      (2)   Any uses permitted in a R-1 District.

   (B)   Special exceptions.

      (1)   Planned unit development, provided that all standards set by the Plan Commission are met.

      (2)   The alteration, use change or expansion of a non-conforming use or structure when the change will make the use or structure more compatible with the zoning district. A change may include the upgrade and replacement of a mobile home.

   (C)   Yard and building requirements.

      (1)   In calculating the size of yards and/or measuring to establish setback lines, the measurement is to be taken from the furthest protruding point of the building, such as eaves, steps, ramps, decks, porches and the like.

         (a)   Front yard   25 feet minimum

         (b)   Side yard   5 feet minimum

         (c)   Rear yard      20 feet minimum

      (2)   Corner lots shall provide front yard setbacks on both street sides unless the buildable area would be less than 30 feet, in which case the yard requirements end at the 30 foot buildable area line.

      (3)   Accessory buildings of 160 square feet or less in size, not used as a garage, and not on a permanent foundation shall observe a minimum setback of five feet. Not more than two accessory buildings shall be permitted. The accessory buildings, one or two, shall comply with the generally applicable setback. Accessory buildings larger than 160 square feet in size shall observe the same setbacks as would apply to the principal building. All accessory buildings shall only be located on the side or rear yard.

      (4)   The minimum lot area for a two-family dwelling shall be 12,000 square feet; the minimum lot area for a three-family dwelling shall be 18,000 square feet; the minimum lot area for a multi-family dwelling (four-family dwelling and above) shall be 24,000 square feet plus 6,000 square feet for each additional family unit beyond four family. The preceding minimum applies to lots connected to a conservancy district sewer system, otherwise, the minimum lot area shall comply with the requirements of DeKalb County or Steuben County wherever the lot or parcel shall be located.

      (5)   The minimum floor area shall be 800 square feet per family unit. By way of illustration, the minimum floor area for a two-family area shall be 1,600 square feet, for a three-family unit shall be 2,400 square feet, for a four-family unit shall be 3,200 square feet and so on.

      (6)   Minimum lot widths shall be measured at the building setback line, also referred to as the front yard setback line. Minimum lot width: 80 feet.

      (7)   Maximum floor area ratio: 40%.

(‘88 Code, § 10-4-6) (Ord. 82-4, passed 4-26-82; Am. Ord. 91-4, passed 1-6-92; Am. Ord. 94-2, passed 4-4-94; Am. Ord. 95-7, passed 12-26-95; Am. Ord. 2002-04, passed 7-1-02; Am. Ord. 2004-06, passed 4-5-04; Am. Ord. 2013-8, passed 9-3-13)

   (A)   Permitted uses.

      (1)   Mobile home park or subdivision, provided that the following requirements are met.

         (a)   The park or subdivision, shall have permanent accommodations for a minimum of five mobile homes.

         (b)   Each site must be provided with sewage and water and a concrete mounting platform.

         (c)   Each site shall abut a driveway that meets all structural street requirements of the subdivision regulations.

         (d)   No mobile home site shall have direct access to a public street.

   (B)   Special exceptions. Planned unit development, provided that all standards set by the Plan Commission are met.

   (C)   Yard and building requirements for new mobile home parks.

      (1)   In calculating the size of yards and/or measuring to establish setback lines, the measurement is to be taken from the furthest protruding point of the building, such as eaves, steps, ramps, decks, porches and the like.

         (a)   Front yard         10 feet

         (b)   Side yard         10 feet

         (c)   Rear yard         10 feet

      (2)   Accessory buildings of 160 square feet or less in size, not used as a garage, and not on a permanent foundation shall observe a minimum setback of five feet. Not more than two accessory buildings shall be permitted. The accessory buildings, one or two, shall comply with the generally applicable setback. Accessory buildings larger than 160 square feet in size shall observe the same setbacks as would apply to the principal building. All accessory buildings shall only be located on the side or rear yard.

      (3)   The minimum lot area shall be 5,000 square feet if connected to a conservancy district sewer system; otherwise, the minimum lot area shall comply with the requirements of DeKalb County or Steuben County, wherever the lot or parcel shall be located.

      (4)   Minimum floor area: 500 square feet

      (5)   Minimum lot widths shall be measured at the building setback line, also referred to as the front yard setback line. Minimum lot width: 50 feet

      (6)   Maximum floor area ratio: 40%.

   (D)   Special provisions. Dwellings in this district shall be exempt from the provisions of §§ 153.21(F) and (G).

      (1)   The town water supply will be shut off on November 1 and will not be turned on until the following March 31.

      (2)   There shall be a minimum setback of five feet on all sides of the mobile homes, manufactured homes, travel trailers, RVs and any other vehicles that are located in a campground.

      (3)   The five-foot perimeter setback shall be measured from the farthest protruding point of each structure which farthest protruding point shall be measured with the slide out, extension of living space or the like, if any, fully extended to its maximum length. If any mobile homes, manufactured homes, travel trailers, RVs and any other vehicles contain slide outs, extensions of living space, or the like, the owner or occupant of said mobile homes, manufactured homes, travel trailers, RVs and any other vehicles shall fully extend the slide outs, extensions of living space, or the like, for the town to measure to determine compliance with this setback provision.

      (4)   The current number of spaces in each campground shall be determined and properly documented by the town which shall establish and be the maximum number of spaces permitted in each campgrouned.

(‘88 Code, § 10-4-7) (Ord. 82-4, passed 4-26-82; Am. Ord. 91-4, passed 1-6-92; Am. Ord. 94-2, passed 4-4-94; Am. Ord. 95-7, passed 12-26-95; Am. Ord. 2002-04, passed 7-1-02; Am. Ord. 2013-8, passed 9-3-13; Am. Ord. 2019-1, passed 3-4-19)

   (A)   Permitted uses. The following uses are permitted provided that all storage and work is conducted inside of a principal or accessory building, no outside storage is permitted.

      (1)   Retail stores;

      (2)   Restaurants and taverns as defined in § 153.04 of this chapter;

      (3)   Business and professional offices;

      (4)   Theaters;

      (5)   Churches, public parks, schools, libraries, cemeteries and other public buildings, utilities and services.

      (6)   Dwelling units in the second story, rear portion of, or basement of a principal building designed for use as a permitted use. Dwelling units may not be located in the front ground floor portion of the building.

   (B)   Special exceptions.

      (1)   Service and repair establishments, including automotive service stations and body shops.

      (2)   Any commercial use that requires product storage or work outside of the principal or an accessory building.

      (3)   Any business conducting production and retail sale of goods on the same premises.

      (4)   New single-family dwellings meeting all requirements of R-1 District.

      (5)   Planned unit development, provided that all standards are met.

      (6)   Kennels and veterinary clinics. Kennels are defined as a place primarily for keeping four or more animals, including, but not limited to, dogs, cats, and other small animals that are ordinarily kept as pets.

      (7)   Mini-storage rental facilities for retail users.

      (8)   Storage facilities used and operated in conjunction with a marina.

   (C)   Yard and building requirements. In calculating the size of yards and/or measuring to establish setback lines, the measurement is to be taken from the furthest protruding point of the building, such as eaves, steps, ramps, decks, porches and the like. No requirements unless the lot adjoins a residential district, in which case the yard, side and/or rear adjoining the residential district, shall meet the yard requirements of that district.

(‘88 Code, § 10-4-8) (Ord. 82-4, passed 4-26-82; Am. Ord. 91-4, passed 1-6-92; Am. Ord. 94-2, passed 4-4-94; Am. Ord. 96-5, passed 12-2-96; Am. Ord. 2002-04, passed 7-1-02; Am. Ord. 2013-8, passed 9-3-13)

   (A)   Permitted uses.

      (1)   Hotels and motels;

      (2)   Restaurants as defined in § 153.04;

      (3)   Commercial recreational uses (i.e. marina/boat rentals, campgrounds, automobile dealers, golf cart dealers, etc.);

      (4)   Buildings and uses accessory to the above permitted uses; and

      (5)   Golf courses including pro shops.

   (B)   Special exceptions.

      (1)   Multi-family residences meeting all requirements of R-3 District;

      (2)   Retail stores;

      (3)   Planned unit development, provided that all standards set by the Plan Commission are met; and

      (4)   Mobile home parks.

   (C)   Yard and building requirements.

      (1)   In calculating the size of yards and/or measuring to establish setback lines, the measurement is to be taken from the furthest protruding point of the building, such as eaves, steps, ramps, decks, porches and the like. All residences shall conform to the requirement outlines for the R-2 District.

      (2)   All commercial uses shall provide a minimum front, side and rear yard setback of 20 feet.

(‘88 Code, § 10-4-9) (Ord. 82-4, passed 4-26-82; Am. Ord. 94-2, passed 4-4-94; Am. Ord. 96-5, passed 12-2-96; Am. Ord. 2002-04, passed 7-1-02; Am. Ord. 2004-06, passed 4-5-04; Am. Ord. 2013-8, passed 9-3-13)

   (A)   Permitted uses.

      (1)   Light manufacturing;

      (2)   Warehousing and storage, enclosed storage of goods, materials and equipment including trucks;

      (3)   Wholesaling of products on the premises;

      (4)   Adult cabarets provided that the use is also a minimum of 300 feet from any A, R-1, R-2, R-3, R-4, B-1, or B-2 zoning district. The distance between an adult cabaret and any A, R-1, R-2, R-3, R-4, B-1, or B-2 zoning district shall be measured in a straight line, without regarding to intervening structures or objects, from the nearest portion of the building or structure used as the premises of the adult cabaret to the nearest boundary or lot line of the A, R-1, R-2, R-3, R-4, B-1, or B-2 zoning district.

      (5)   Buildings, structures and uses accessory to the above.

   (B)   Special exceptions.

      (1)   Bulk fuel storage;

      (2)   Public parks but only to the extent to permit one walking and biking trail prohibiting motorized vehicles and subject to other conditions and restrictions as may be imposed by the Board of Zoning Appeals and one park not to exceed 10.02 acres in size.

      (3)   Wireless communication facilities, but only if the following requirements are met:

         (a)   WIRELESS COMMUNICATIONS FACILITY shall mean any towers, poles, antennas or other structures intended for use in connection with transmission or receipt of radio or television signals, or any other spectrum-based transmissions/receptions, excepting private, residential, non-commercial structures not exceeding 60 feet in height.

         (b)   Before any new facility is approved, applicant shall be required to show that no colocation opportunities are already available and that applicant has conducted a complete inventory of existing structures, and that the new facility is necessary in order to offer service.

         (c)   Towers, including all attachments, shall not exceed 199 feet in height.

         (d)   The setback for a tower exceeding 60 feet in height from ground level shall be the greater of 100% of the tower height.

         (e)   Applicant may be required to install a fence, at least eight feet tall, surrounding each

facility. Advertising signs may be prohibited on the fences. There shall be a sign on the fence with 24-hour emergency number.

         (f)   Applicant may be required to paint the facility so as to blend in with the background.

         (g)   Dish antennas over six feet in diameter are prohibited.

         (h)   The planting of trees and/or shrubs may be required around the entire facility in order to provide screening for a wireless communication facility if such facility is adjacent to any real estate zoned R1, R2, or R3.

         (i)   Lighting not required by the FAA may be prohibited.

         (j)   Regular inspections to assure continued compliance with FCC emission standards shall be required at applicant’s expense.

         (k)   At the applicant’s expense, the town may hire consultants for any combination of the following reasons: to conduct an independent analysis on the applicant’s proposal; to do a study of whether the applicant’s proposal would meet all relevant requirements; to determine whether the antenna facility as proposed would be necessary to provide wireless coverage and inspect facilities to assure continued compliance with all relevant regulations.

         (l)   Applicants shall be required to provide copies of all records relating to compliance with the Telecommunications Act, as well as other federal laws, such as the National Environmental Policy Act. Applicants shall be required to disclose all relevant federal documents and any communications with the FCC or FAA. This full disclosure requirement shall be extended throughout the lifetime of the facility.

         (m)   If the facility goes unused for a period of one year, then the facility must be removed. The existence of a facility which has not been used for a period of one year constitutes a nuisance. The owner or other responsible party shall post a bond to cover the cost of removal as well as the cost of landscape remediation. The removal of the facility includes removing at least four feet of any subsurface foundation measured from the surface of the ground at its lowest point in connection with the foundation. The excavation shall be properly backfilled in lifts with proper material approved by the town.

         (n)   Each facility shall be fully automated. Vehicle access and on-site parking, for all but maintenance vehicles, may be prohibited.

         (o)   Only one development plan shall be submitted per application, which shall be amended only by approval of the Board once the hearings commence; application shall have attached thereto a construction plan with specifications of all material, construction drawings of the tower, all anchors, cables and related structures, which plans and specifications shall include a complete description of the proposed transmission tower, and the location, color, style, and power of any warning lights affixed thereto.

   (C)   Yard and building requirements.

      (1)   In calculating the size of yards and/or measuring to establish setback lines, the measurement is to be taken from the furthest protruding point of the building, such as eaves, steps, ramps, decks, porches and the like. When adjoining property is within an agricultural, commercial or industrial district:

         (a)   Front yard         50 feet

         (b)   Side yard         50 feet

         (c)   Rear yard         50 feet

      (2)   Whenever the parcel adjoins any residential district:

         (a)   Front yard             100 feet

         (b)   Any yard which adjoins an R district            100 feet

      (3)   A parking area may not be located within 100 feet of an R district.

      (4)   A loading area may not be located within 200 feet of an R district or in the front of any building. A loading area is not permitted in a location or in such a configuration that enables or encourages vehicles to use public thoroughfares for backing, parking or otherwise maneuvering to access the loading area. Vehicles may temporarily park on a public thoroughfare while waiting its turn to access the loading area.

      (5)   Upon development, industrial sites shall construct a buffer zone around all sides of the site which zone may consist of one or more of the following: earth mounds, tree plantings, hedges or decorative fences. In the case of future rezoning, the types of buffer are to be designated by the Plan Commission at the time of rezoning.

      (6)   Minimum lot size is five acres.

   (D)   Prohibited uses.

      (1)   Any process or storage of significant amounts of toxic waste of dangerous substances.

      (2)   Outside storage of any type.

      (3)   Any process which involves the generation of odor which escapes the facility.

(‘88 Code, § 10-4-10) (Ord. 82-4, passed 4-26-82; Am. Ord. 96-5, passed 12-2-96; Am. Ord. 97-5, passed 7-7-97; Am. Ord. 98-8, passed 8-31-98; Am. Ord. 2000-05, passed 8-28-00; Am. Ord. 2002-04, passed 7-1-02; Am. Ord. 2013-8, passed 9-3-13)

   (A)   Permitted uses.

      (1)   Corporate administrative and institutional offices.

      (2)   Research, design and development laboratories and departments not including any large scale manufacturing, or manufacture of products other than prototypes and not involving the use of significant amounts of toxic wastes, nor requiring the use of railroad or semi-tractor freight in the ordinary course of their business, and using water and sewer primarily for personal sanitation of employees.

      (3)   Commercial or industrial facilities engaged in the business of designing, manufacturing, and sale of items such as computer software, communication equipment, and other high technological pursuits not involving any significant handling of toxic wastes, nor requiring the use of railroad or semi-tractor freight in the ordinary course of their business, and using water and sewer primarily for personal sanitation of employees.

      (4)   Professional offices.

      (5)   Data processing facilities, communication and computer networking centers.

   (B)   Special exceptions.

      (1)   Uses ancillary to any permitted use, or a commercial use intended primarily to serve a developed cluster of select industrial sites.

      (2)   Loading docks located in rear or appropriately camouflaged at any facility constructed for a permitted use.

   (C)   Yard and building requirements.

      (1)   In calculating the size of yards and/or measuring to establish setback lines, the measurement is to be taken from the furthest protruding point of the building, such as eaves, steps, ramps, decks, porches and the like. When adjoining property is within an agricultural, commercial or industrial district:

         (a)   Front yard         50 feet

         (b)   Side yard         50 feet

         (c)   Rear Yard         50 feet

      (2)   In calculating the size of yards and/or measuring to establish setback lines, the measurement is to be taken from the furthest protruding point of the building, such as eaves, steps, ramps, decks, porches and the like. Whenever the parcel adjoins any residential district:

         (a)   Front yard          100 feet

         (b)   Any yard which adjoins an R district   100 feet

      (3)   A parking area may not be located within 100 feet of an R district.

      (4)   A loading area or loading dock may not be located within 200 feet of an R district, or in the front of any building. A loading area is not permitted in a location or in such a configuration that enables or encourages vehicles to use public thoroughfares for backing, parking or otherwise maneuvering to access the loading area. Vehicles may temporarily park on a public thoroughfare while waiting its turn to access the loading area.

      (5)   Upon development, industrial sites shall construct a buffer zone around all sides of the site which zone may consist of one or more of the following: earth mounds, tree plantings, hedges or decorative fences. In the case of future rezoning, the types of buffer are to be designated by the Plan Commission at the time of rezoning.

      (6)   Minimum lot size is three acres.

      (7)   Building exteriors visible from public highways or adjoining residential areas must have brick, designer block, or a veneer compatible with veneer appearances on residential dwellings. Loading docks, except by special exception, are prohibited.

   (D)   Prohibited uses.

      (1)   Any process which involves noise generation escaping the enclosed facility, in excess of what would be normally associated with a secretarial office.

      (2)   Any process or storage in significant amounts of toxic wastes or dangerous substances.

      (3)   Outside storage of any type.

      (4)   Unlandscaped grounds.

      (5)   Any process which involves the generation of odor which escapes the enclosed facility.

(‘88 Code, § 10-4-11) (Ord. 94-2, passed 4-4-94; Am. Ord. 2002-04, passed 7-1-02; Am. Ord. 2013-8, passed 9-3-13)

   There shall be created the Park Model Home (R-5) District.

      (1)   The development shall have permanent accommodations for a minimum of five park model homes, four park model homes or less are not permitted.

      (2)   Each home site shall be provided with a concrete mounting platform/slab and shall be connected to the Hamilton Lake Conservancy District sanitary sewer system and the Town of Hamilton water system.

      (3)   Each home site shall include an off-street parking area providing parking for a minimum of two full-sized vehicles, which parking area shall be built to street development standards found otherwise in this chapter.

      (4)   No park model home shall have direct access to a public street, all streets in a park model home development shall be private streets and maintained by the developer and/or a homeowner's association.

      (5)   A buffer strip of not less than five feet shall be provided around all sides of the community or subdivision. The buffer shall include decorative fences, trees or decorative plantings as required by the Plan Commission.

      (6)   A storm water drainage plan must be submitted for Plan Commission approval.

      (1)   In calculating the size of yards and/or measuring to establish setback lines, the measurement is to be taken from the furthest protruding point of the building, such as eaves, steps, ramps, decks, porches or the like.

2019 S-19

         (a)   Front yard:      10 feet.

         (b)   Side yard:      5 feet.

         (c)   Rear yard:      5 feet.

      (2)   The minimum lot area shall be 3,500 square feet.

      (3)   Minimum lot width: 50 feet. Minimum lot widths shall be measured at the building setback line, also referred to as the front yard setback line.

      (4)   Maximum floor area for a park model home shall be 400 square feet.

      (5)   Overall exterior height shall not exceed 15 feet, 6 inches, when in setup mode.

      (6)   A cabana may be constructed as an attachment to the park model home but shall not exceed 240 square feet. A building permit shall be required for cabana construction.

      (7)   One accessory building shall be allowed with a maximum size of 160 square feet and shall observe the same setbacks as would apply to the principal building.

      (8)   Street construction shall meet minimum paving design and material requirements as set forth in town regulations. Two-way streets shall be a minimum of 18 feet wide and shall have a minimum turn radius of 60 feet for emergency vehicle passage. One-way streets shall be a minimum of ten feet wide with the same minimum turn radius.

   (E)   The provisions of this section apply not only to park model homes but also to tiny homes. Tiny homes are permitted provided that they comply with the requirements of the R-5 Zoning District.

(Ord. 2018-1, passed 12-4-17)