(A)

The Residential Districts of R-1 (one acre) and R-2 (two acre) are composed of certain low to medium concentrations of residential uses, plus certain open areas where similar development appears likely to occur.

(B)

The regulations for these districts are designed to regulate family dwelling and as well as the other structures as set forth in the use regulations of the districts in order to stabilize and protect the essential characteristics of the districts, to promote and encourage, insofar as compatible with the intensity of land use, a suitable environment for family life composed of an adult population with children, and to permit certain commercial uses of a character unlikely to develop general concentration of traffic, crowds of customers and general outdoor advertising.

(C)

To these ends, retail activity is sharply limited and this district is protected against encroachment of general, commercial and industrial uses.

(D)

The residential districts are not completely residential as they include public and semi-public, institutional and other related uses.

(E)

However, it is basically residential in character and, as such, should not be spotted with commercial and industrial uses without specific town council enabling action.

(Ord. passed 9-12-2013)

(A)

In Residential Districts R-1 and R-2, structures to be erected on land to be used shall be for one or more of the following uses the major difference being acreage requirements (see § 154.052).

(B)

A zoning permit has been obtained from the zoning administrator.

(C)

Off-street parking in Residential Districts R-1 and R-2 is required.

(D)

Sewage/disposal/wastewater treatment systems which incorporate a drainfield as an integral part of the system requires health department approval.

(E)

Permitted uses:

(1)

One single-family dwelling per lot as defined in § 154.004;

(2)

In Residential District R-1, one two-family dwelling per lot, the part of which must be joined by a conventional room whose width is at least two-thirds of its length. Two-family dwellings are prohibited in Residential District R-2;

(3)

Agricultural with conditional use permits, but not to include the raising of animals, including horses, pigs, cattle, fowl or the like;

(4)

Schools;

(5)

Churches;

(6)

Parks and playgrounds;

(7)

Home occupations as defined, conducted by the occupants with conditional use permits;

(8)

Off-street parking as required by this chapter;

(9)

Accessory buildings and structures and uses permitted as defined hereafter, however garages or other accessory structures such as carports, porches and stops attached to the main building should be considered part of the main building. No accessory building or structures may be closer than ten feet to any property line or private right of way or 100 feet from mean high water line of a lot on a creek except docks and bulkheads. Accessory building, other than carports or garages shall not exceed 300 square feet nor 15 feet in height. Total square footage of all accessory buildings other than swimming pools, and tennis courts, shall not exceed 25 percent of the rear yard area. Accessory structures or buildings may not be used for rental or similar purposes. No accessory building or structure may be fitted with kitchen and sleeping accommodations;

(a)

Swimming pools inside the Resource Protection Area (RPA), with conditional use permits;

(b)

Swimming pools outside the RPA, no conditional use permit required;

(10)

Boat docks/piers for private use, no conditional use permit required; and

(11)

Farm winery. See § 154.070 for special requirements.

[(12)

Reserved.]

(13)

Short term rentals with a conditional use permit, and for which the town has a valid registration or, if exempted from registration, a valid business license permit for the STR operator. Provided, however, that owner-occupied STRs may be operated for up to two stays of up to ten days each per year maximum without a conditional use permit.

(Ord. passed 9-12-2013; Ord. No. 2021-01, §§ 1, 2, 5-13-2021; Ord. No. 2022-10, § 1, 9-13-2022)

(A)

For lots containing or intended to contain a single-family dwelling the minimum lot areas shall be one and two acres as designated by the R-1 and R-2 Residential Districts, zoning map. The administrator may require a greater area if considered necessary by the health official.

(B)

For lots containing or intended to contain a two-family dwelling, the minimum lot area shall be one and one-half acres. All lots of record prior to March 9, 1989, shall be exempt from this requirement. The administrator may require a greater area if considered necessary by the health official.

(Ord. passed 9-12-2013)

(A)

These regulations may be appealed to the board of zoning appeals if the application of the chapter produces an undo hardship or restricts the use of the property.

(B)

Structures shall be located 75 feet or more from the centerline of any street or road right-of-way, but in no event less than 50 feet from the edge of the right-of-way. This shall be known as the setback line.

(C)

The administrator may require a different setback to keep said structure more in line with existing houses or structures.

(Ord. passed 9-12-2013)

(A)

For permitted uses, the minimum lot width at the setback line shall be 100 feet or more.

(B)

Where because of topological features or where lots front on culs-de-sac or on another type of turnarounds, the administrator may waive the minimum width requirements under such conditions as he or she may require.

(Ord. passed 9-12-2013)

(A)

Side. The minimum side yard for each main structure shall be 25 feet as measured from the closest point of the main structure to the nearest property line or to the edge of any private right-of-way.

(B)

Rear.

(1)

Each main structure shall have a rear yard of not less than 35 feet.

(2)

The mean high water line of a lot on a creek shall be the rear line.

(3)

Each main structure located on a creek shall have a rear yard setback of not less than 100 feet except those structures to be located on lots of record prior to March 9, 1990. See CBPA modifications, § 154.149.

(C)

Church a permitted use with zoning permit.

(1)

For nonresidential church structures or other nonresidential places of worship, the minimum side yard or rear yard adjoining or adjacent to a residential district shall be located ten feet or more as measured from the closest point of a structure to the nearest property line or to the edge of any private right-of-way.

(2)

Such church structures do not include church schools or day care centers, other than Sunday schools.

(3)

At such time as the structure is no longer used as a church or a place of worship, then a conditional use permit will be required for any subsequent use.

(Ord. passed 9-12-2013)

(A)

The height limit for structures may be increased up to 45 feet and up to three stories provided each side yard is 45 feet plus one foot of side yard for each additional foot of building height over 35 feet.

(B)

A public or semi-public building such as a school, church or library, may be erected to a height of 60 feet from grade provided that required front, side and rear yards shall be increased one foot for each foot in height over 35 feet.

(C)

Church spires, belfries, cupolas, monuments, municipal water towers, chimneys, flues, flag poles, television antennas and radio aerials are exempt. Parapet walls may be up to four feet above the height of the building on which the walls rest.

(Ord. passed 9-12-2013)

(A)

Of the two sides of a corner lot, the front shall be deemed to the shortest of the two sides fronting on the streets.

(B)

The side yard on the side facing the side street shall be 35 feet or more for both main and accessory building.

(Ord. passed 9-12-2013)

(A)

(1)

Before a zoning permit shall be issued or construction commenced on any permitted use in this district, or a permit issued for a new or expanded use, a complete site plan shall be submitted to the zoning administrator for study.

(2)

Modification of the plans may be required.

(B)

A house, home or residence must exist or be under construction before a zoning permit will be issued for the construction or installation of a garage, carport or other accessory structure on a lot, parcel or property in the town.

(Ord. passed 9-12-2013)

(A)

No person, firm or corporation, during construction of a house, building or any other structure, or during any grading or excavation, shall permit erosion or runoff of sediment, mud, dirt or other debris into creeks, streams or on streets, roads or abutting property.

(B)

Grading and seeding or other preventive measure or control thereof shall be taken to prevent any such erosion or runoff as determined by the administrator and in accordance with the county erosion and sediment control ordinance.

(Ord. passed 9-12-2013)