(a)

Lots of record.

(1)

Substandard approved lots of record shall not be subject to the minimum lot area requirements of this chapter provided that the lot meets setback and all other requirements of this chapter.

(2)

A variance to the minimum lot requirements may be granted upon the approval of the board of zoning appeals in the case of substandard lots of record, conveyance for legacy, or, in other cases, such as conveyance for purposes other than habitation and/or building construction.

(b)

Subdivision of lots. A lot may be subdivided provided that all resulting lots and structures comply with the provisions of this chapter. If a lot is occupied by a nonconforming structure, it may be subdivided provided that subdividing does not create a new nonconformity or increase the degree of the nonconformance of the structure.

(c)

Lot access. No lot shall be created which does not have access to a public or private street. Such access shall consist of frontage on the private or public street of a width of at least 20 feet.

(d)

One residential building per lot. Unless provided elsewhere in this chapter, no principal detached residential structure shall be located on the same zoning lot with any other principal structure.

(e)

"Ruth" variance authorized.

(1)

On a temporary basis only, in order to provide housing to a seriously ill family member, a variance may be granted to allow connection of a second dwelling unit to a permitted septic tank or sewer tap, under the conditions set forth in subsection (e)(3) of this section.

(2)

The variance will be for a period of one year. It must be renewed each year.

(3)

This variance is restricted to the temporary use of a mobile home for residential purposes on the same lot with a single-family detached residential dwelling or a mobile home, or on the abutting lot. The following criteria shall be utilized to determine the need for the temporary variance:

a.

The variance if granted would be less detrimental than a change in the zoning district classification.

b.

It would be in the best interests of the community welfare.

c.

The person for whom the variance is requested is a relative by blood or marriage.

d.

The accommodations (mobile home) proposed are of a temporary nature which can easily be removed at the termination of the extenuating conditions for which a variance may be granted.

e.

The physical and/or mental conditions of the person for whom the variance is requested shall be certified by the attending physician.

f.

The proposed mobile home installation must meet health department standards and have the health department's written approval.

(4)

The variance request shall be reviewed by the town's planning director. The variance shall be granted by the planning commission.

(5)

The variance shall terminate at such time as the extenuating conditions no longer exist. The temporary accommodations, together with any associated services, shall be removed from the premises within 30 days of the expiration or termination of the variance.

(Code 1998, § 5-5-60)

On a corner lot in any district, no planting, structure, sign, fence, wall or obstruction shall block the vision from three feet to 15 feet in height above ground level to be measured in a triangle formed by measuring from the point of intersection of the front and side lot lines a distance of 25 feet along the lot lines and connecting the points to form a triangle. However, developments along Highway 162 within the town center district may use a measurement that is compatible with existing structures.

(Code 1998, § 5-5-61)

No portion of a lot, used in connection with an existing or proposed building, structure or use, and necessary for compliance of the provisions of this chapter shall, through sale or otherwise, be used again as part of the lot required in connection with any other building, structure or use.

(Code 1998, § 5-5-62)

The height limitations of this chapter shall not apply to church spires, belfries, cupolas, domes not intended for human occupancy, water towers, transmission towers, utility poles, chimneys, conveyors, flag poles, radio and television poles, monuments, and farm structures.

(Code 1998, § 5-5-63)

In a residential zoning district, where the average of the front yards for all adjacent lots, which are located within 100 feet of either side of a lot in question, and on which there are existing buildings, is less than the required setback line, a setback shall be provided on the lot in question equal to this lesser average depth. However, in no case shall the setback be less than 15 feet. For the purpose of computing such average, an adjacent vacant lot shall be considered as having the minimum required setback specified for that zoning district.

(Code 1998, § 5-5-64)

(a)

When any proposed commercial (including office) or industrial uses abut the R-1 or R-2 district properties, or when the proposed commercial or industrial use is adjacent to an RA zoned lot consisting of a residential use, such commercial and industrial use shall provide a screen along the abutting property lines. If the commercial or industrial use is separated from an R-1, R-2 or an RA zoned lot consisting of a residential use by a street right-of-way of less than 100 feet, screening shall be provided along the side facing such street.

(b)

Such screening shall consist of a masonry wall, an opaque fence, a berm, or buffer consisting of evergreen trees or similar vegetation of sufficient thickness and height to provide adequate screening of the proposed use.

(Code 1998, § 5-5-65)

Accessory buildings and structures in all zoning districts shall conform to the following regulations, except as may otherwise be provided in this chapter:

(1)

Accessory buildings shall not exceed 20 feet in height in residential and neighborhood commercial districts.

(2)

Accessory buildings shall not be erected in any required building setbacks or any required easements.

(3)

Buildings accessory to residential uses may occupy required side yards provided that such buildings are more distant from the front street than any part of the principal building on the same lot and such use is no closer than the building setback to any lot line.

(4)

Buildings accessory to residential uses of size that is 120 square feet or smaller may occupy required rear yards provided that such buildings are not closer than five feet to any lot line.

(5)

The number of accessory buildings shall not exceed three in any of the primarily residential zoning districts such as residential-one (R-1); residential-two (R-2); residential-one (with manufactured homes allowed)(R-1M); and residential-two (with manufactured homes allowed) (R-2M). No maximum on the number of accessory buildings in other districts.

(6)

Accessory buildings shall not cover more than 35 percent of the required rear and side yard. High ground in the rear and side yard outside of the building setbacks is considered. Wetlands are not considered in the calculation.

(7)

In residential districts (R-1, R-1M, R-2, R-2M), no accessory structure or building shall be constructed prior to construction of the principal building on a lot. Buildings intended to serve as accessory structures constructed prior to the principal building shall be considered the principal building and shall meet all applicable district regulations thereto.

(8)

Accessory structures shall be located on the same lot of record as the principal structure.

(9)

Unless specifically provided herein, all accessory uses and structures shall observe all required setbacks, yard, and other requirements applicable to the principal building or use for the district within which they are located. Without exception, no accessory use may be located in any required buffer area.

(10)

Accessory buildings and structures shall not exceed 50 percent of the gross floor area (GFA) of the principal building or use in the primarily residential zoning districts such as residential-one (R-1); residential-two (R-2); and so on including any future primarily residential zoning district (e.g. R-"_"), or 35 percent of the buildable area to the rear of the principal building, whichever is greater. No maximum area specified for other districts.

(11)

Accessory structures, are allowed to be erected on lots of record without the principal structure in the following zoning districts: general industrial (GI); light industrial (LI); and rural conservation (RC). Such accessory structures shall conform to all the requirements of this section. If a principal structure is subsequently erected on the lot, both the accessory and principal structure must comply with all applicable requirements of this . The location, size, or any other factor of the pre-existing accessory structure may not be considered as grounds for a variance from any requirement imposed on the accessory and/or principal structure.

(12)

Privacy and decorative fences and walls are permitted along the property line of any lot or parcel in compliance with the visibility requirements of this section. All fences and walls used as part of the buffer area requirements must have a finished side that is facing the adjoining property. The interior side of the fence or wall may be finished as owner deems appropriate.

(13)

The following structures shall not constitute an accessory building:

a.

Any mobile or manufactured home;

b.

Any trailer, motorized vehicle or wheeled vehicle; or

c.

A shipping container or a similar structure.

(Code 1998, § 5-5-66; Ord. No. 2018-19-3, 3-25-2019)

All public and private swimming pools must meet the following requirements:

(1)

They shall not be located in any required front yard.

(2)

They must be enclosed by a wall or fence, whether around the pool area or the yard area, of at least four feet in height. All walls and fences shall consist of self-latching gates at all entrances.

(3)

All lighting of the pool shall be shielded or directed to face away from adjoining residences.

(Code 1998, § 5-5-67)

A home occupation shall be permitted provided that:

(1)

Such operation is conducted by no other persons than those residing on the premises with an additional employee who is not a resident of the dwelling.

(2)

Such operation is conducted within the principal building (no accessory building or outside storage shall be used).

(3)

Such operation utilizes no more than 25 percent of the total floor area (exclusive of the garage) of the principal building.

(4)

Such operation produces no alteration or change in the character or exterior appearance of the principal building.

(5)

Such operation creates no disturbing or offensive noise, vibration, smoke, dust, odor, heat, glare, or traffic hazard.

(6)

Such operation is not visible from outside the dwelling except where one four square foot sign is permitted.

(7)

No more than one home occupation shall be permitted within any single dwelling unit.

(8)

Such operation has no exterior storage of materials to be used in conjunction with the home occupation.

(9)

There shall be no retail sales except for products or goods produced or fabricated on the premises as a result of the home occupation.

(Code 1998, § 5-5-68)

(a)

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

Common open space means land and/or water bodies used for recreational purposes or a natural amenity to the development. For the purposes of this section, common open space must:

(1)

Not be occupied by buildings or structure not related to recreational use;

(2)

Not be devoted to use as roadway, parking, or right-of-way;

(3)

Not be used as part of any yard and lot requirement;

(4)

Be left in its natural or undisturbed state if wooded, except for the cutting of trails for walking or jogging, or, if not wooded at the time of development, is landscaped for ball fields, picnic areas, or similar facilities, or is properly vegetated and landscaped with the objective of creating a green or wooded area; and

(5)

Be capable of being used and enjoyed for purposes of recreation and relaxation.

(b)

Plan requirements. Where common open space is required by this chapter, a common open space plan shall be submitted as part of the site plan or subdivision plat. The plan shall include the following:

(1)

Designation of areas to be preserved as common open space.

(2)

Designation of the type of common open space to be provided.

(3)

Specification of how the common open space will be dedicated and maintained.

(4)

Designation of greenways (bike/pedestrian paths/trails) for internal and external connectivity.

(c)

Calculation.

(1)

Required open space shall be computed as a percentage of the total development tract size.

(2)

In the case of planned unit developments, required open space shall be computed as the aggregate sum of the respective open space percentages computed for the various designated land uses and densities within the overall PUD. The total open space required may be provided anywhere within the boundaries of the PUD.

(3)

Percentage open space required by land use and density shall be as follows:

(d)

Types. The types of common open space which may be provided to satisfy the requirements of this chapter are as follows:

(1)

Natural areas. Natural areas are areas of undisturbed vegetation or areas replanted after construction. Woodlands and wetlands are examples of specific types of natural areas.

(2)

Recreation areas. Recreational areas are designed for specific recreational uses such as play grounds, ball fields, tennis courts and other similar uses.

(3)

Greenways. Greenways are linear greenbelts linking various types of developments by such facilities as bicycle paths, footpaths and bridle paths.

(4)

Landscaped areas. These areas may include lawns or other areas which are planted which can be used by local residents. Such areas may also include areas with unique landscape features such as tile, fountains, gazebos, and other similar features.

(e)

Ownership and maintenance.

(1)

Ownership. Common open space shall remain under ownership of the developer (or his successor), or a homeowners association or similar organization. Common open space may also be dedicated upon acceptance to the town, the county, the state, or a local land trust or similar organization.

(2)

Maintenance. Common open space must be maintained to ensure its use by local residents. Maintenance includes the following:

a.

The removal of litter, dead trees, and brush, and the maintenance of natural watercourses;

b.

Removal of hazards and unhealthy conditions; and

c.

The proper upkeep of landscaped areas.

(Code 1998, § 5-5-69)

For the purpose of this chapter, permitted uses for each zoning district are listed in the district regulations found in article V of this chapter. The presumption established by this chapter is that all legitimate uses of land not otherwise prohibited are permissible within at least one zoning district in the town's planning jurisdiction; therefore, uses not listed in article V of this chapter shall be presented to the planning commission so that they may determine the appropriate district in which to place such use.

(Code 1998, § 5-5-70; Ord. No. 2013-14-12, 6-23-2014)

Certain architectural features such as cornices, eaves, gutters, and windowsills may project into any required setback a distance not to exceed two feet. Unenclosed balconies, porches, and fire escapes may project into front or rear yard setbacks a distance not to exceed five feet. Fences, walls, and hedges may be erected into any required setback. Gas pumps with overhead canopy may be located within front and side setback yard areas if such yard is fronting a street but must be at least ten feet from any right-of-way. Neither pools nor their adjacent walkways may encroach into the required setbacks.

(Code 1998, § 5-5-71)

(a)

In the RA, R-1, R-1-M, R-2 and R-2-M zoning districts, no single-family detached residential structure shall be located on the same lot with any other principal structure unless otherwise allowed in other provisions of this chapter.

(b)

Where garage apartments are permitted, only one apartment shall be permitted per lot.

(Code 1998, § 5-5-72)

Automobiles or trucks of any kind or type without current license plates shall not be parked or stored on any lot in the RA, R-1, R-1-M, R-2, R-2-M, NC or TC districts unless in a completely enclosed building, except that one such vehicle may be stored in the rear yard, provided it is not located in the required setback. Vehicles and equipment essential to farming operations are exempt from this section.

(Code 1998, § 5-5-73)