(a)

Types of districts. The town is hereby divided into the following types of districts:

(1)

Residential districts.

a.

R-1 districts: Single-family residential.

b.

R-1H districts: High density single family residential.

c.

R-2 districts: Multi-family residential.

(2)

Business districts.

a.

B-1 districts: Transitional business.

b.

B-2 districts: General business.

c.

B-3 district: Downtown business.

(3)

Industrial districts.

I-1 districts: Light to heavy industrial.

(4)

Open land districts.

O-L districts: Open land.

(b)

Order of restriction. These districts shall be ranked with respect to degree of restriction, in descending order of restriction as follows: O-L, R-1, R1-H, R-2, B-3, B-1, B-2, and I-1.

(c)

Zoning map. The districts and the boundaries of such districts are shown upon the zoning map of the town, which map together with all information shown thereon, is hereby made a part of this chapter.

(d)

District boundaries. District boundaries are lot lines, the center lines of streets, alleys, or highways or such lines extended, railway right-of-way lines; the municipal corporation lines as they exist at the time of enactment of these regulations or may exist in the future, or natural boundary lines such as streams.

(e)

Utility lines. Water, electric transmission, sanitary sewer, telephone, and telegraph, stormwater drainage, and natural gas lines, regardless of any other provision or regulation appearing in these regulations, shall not be deemed and shall not constitute uses requiring planned approval or special exception uses in any district insofar as their placement, erection, or construction on dedicated streets, alleys, and public ways is concerned; but on such streets, alleys and public ways, they shall constitute uses by right, and no permit, license or other document of approval for such use shall be required under these regulations.

(Ord. No. 533, § 2(6), 4-13-1999)

In all districts, uses are categorized into three groups: uses by right, uses requiring planning approval, and uses allowed only by special exception. These allowed uses are delineated in the table of allowed uses in section 140-184.

(1)

Uses by right are permitted subject to the conditions specified:

(2)

Uses requiring planning approval are permitted upon approval of the location and site plan thereof by the planning commission as being appropriate with regard to transportation and access, water supply, water disposal, fire and police protection, and other public facilities, as not causing undue traffic hazard, and as being in harmony with the orderly and appropriate development of the district in which the use is located.

(3)

Special exception uses are subject to the same approval of location and site plan as uses requiring planning approval; in addition, these uses are declared to possess such characteristics of unique or special form that each specific use shall be considered an individual case and shall be subject to approval of the board of adjustments in accordance with the provisions of article VII of this chapter governing special exceptions.

(Ord. No. 533, § 2(7), 4-13-1999)

These districts are composed mainly of areas containing single-family dwellings and open areas where similar residential development seems likely to occur; few two-family and multiple-family dwellings are found in these areas. The district regulations are designed to protect the residential character of the areas by prohibiting all commercial activities; to encourage a suitable neighborhood environment for family life by including among the permitted uses such facilities as schools and churches, and to preserve the openness of the areas by requiring certain minimum yard and area standards to be met.

(1)

Permitted uses in R-1 districts. See the table of permitted uses in section 140-184.

(2)

Building site area. Except as provided in article III of this chapter, the minimum building site area shall be:

(3)

Building height limit. Except as provided in article III of this chapter, no structure shall be erected or altered to exceed 35 feet.

(4)

Yards required. Except as provided in article III of this chapter, the minimum dimensions of yards shall be:

(Ord. No. 533, § 2(8), 4-13-1999)

These districts are composed of areas containing only single-family detached and townhouse residential developments. It is anticipated that they will be established to encourage innovative planned residential developments, according to article IV of this chapter, of a higher density than in R-1 zones while maintaining a suitable neighborhood environment for family life. To foster a suitable family environment, these districts require certain minimum yard and area standards, allow only very specific nonresidential uses such as parks and senior citizen facilities, and exclude all commercial uses.

(1)

Permitted uses in R-1H districts. See the table of permitted uses in section 140-184.

(2)

Building site area. Except as provided in articles III and IV of this chapter, the minimum building site area shall be:

(3)

Building height limit. Except as provided in articles III and IV of this chapter, no structure shall be erected or altered to exceed 35 feet.

(4)

Yards required. Except as provided in articles III and IV of this chapter, the minimum dimensions of yards shall be:

(Ord. No. 533, § 2(9), 4-13-1999)

These districts are composed mainly of areas containing a mixture of single-, two-, and multiple-family dwellings; in many of them there is evident a trend toward increased population density through conversion of large houses into duplexes or apartments and through use of remaining vacant land for apartment buildings. The district regulations are designed to protect the residential character of the areas by prohibiting all commercial activities; to encourage a suitable neighborhood environment for family life by including among the permitted uses such facilities as school and churches; to prevent overcrowding of the land by requiring certain minimum building site areas for dwelling units.

(1)

Permitted uses in R-2 districts. See the table of permitted uses in section 140-184.

(2)

Building site area. Except as provided in article III of this chapter, the minimum building site area shall be:

(3)

Building height limit. Except as provided in article III of this chapter, no structure shall be erected or altered to exceed 45 feet.

(4)

Yards required. Except as provided in article III of this chapter, the minimum dimensions of yards shall be:

(Ord. No. 533, § 2(10), 4-13-1999)

These districts are composed of land and structures occupied by or suitable for such uses as dwellings, offices, studios, and some retail goods and services to satisfy the daily household needs of the surrounding residential neighborhoods. Although usually located between residential areas and the main business areas, these districts are in some instances freestanding in residential areas, though never being less than two acres in size. The district regulations are designed to permit the development of the districts for these purposes and to protect the abutting and surrounding residential areas by requiring certain minimum yard and area standards to be met, standards that are comparable to those called for in the residential districts. The construction of new residences in these districts, while permitted, is not encouraged.

(1)

Permitted uses in B-1 districts. See the table of permitted uses in section 140-184.

(2)

Building site area. Except as provided in article III of this chapter, the minimum building site area shall be:

(3)

Building height limit. Except as provided in article III of this chapter, no structure shall be erected or altered to exceed 35 feet.

(4)

Yards required. Except as provided in article III of this chapter, the minimum dimensions of yards shall be:

(Ord. No. 533, § 2(11), 4-13-1999)

These districts are composed of land and structures occupied by or suitable for furnishing the range of retail goods and services required by the residents of the town and its greater trade area. The district regulations are designed to permit the development of the districts for their purposes subject to limitations designed to prevent congestion of the area that would result from over-intensive development. It is intended that additional general business districts will be created in accordance with the amendment procedures set forth herein as they are needed to serve new neighborhoods. To ensure that such districts that are created are actually developed to supply the business needs of the town and its neighborhoods, the amendment creating the district may set a time limit for its development.

(1)

Permitted uses in B-2 districts. See the table of permitted uses in section 140-184.

(2)

Building site area. There is no minimum building site area.

(3)

Building height limit. Except as provided in article III of this chapter, no structure shall be erected or altered to exceed 100 feet.

(4)

Yards required. Except as provided in article III of this chapter, the minimum dimensions of yards shall be:

(Ord. No. 533, § 2(12), 4-13-1999)

(a)

This district is composed of land and structures occupied by or suitable for furnishing a range of retail goods, entertainment, cultural, and personal services required by the residents of the town and its greater trade area. The regulations explicitly recognize the historical contexts within which the district's structures were designed and occupied, particularly during the era before the advent of the automobile, more modern circulation patterns, and construction techniques. The intent of the district's regulations is to encourage the close association of compatible and mutually beneficial uses and structures which:

(1)

Encourage preservation of the district's unique architectural character;

(2)

Promote pedestrian oriented traffic patterns;

(3)

Invite patrons from beyond the district's boundaries;

(4)

Discourage uses and structures deemed harmful to the overall prosperity of the district's residents and businesses; and

(5)

Otherwise seek to accomplish the goals of the comprehensive plan as adopted by the town, including any amendments to said plan as may be from time to time adopted.

(b)

Permitted uses in B-3 districts. See the table of permitted uses in section 140-184; however, all uses allowed in the B-3 district shall be subject to the limitations of subsections (c) and (d) of this section.

(c)

Building and site area requirements.

(1)

Site. The minimum building site area shall be 3,000 square feet.

(2)

Height. Except as provided in article III of this chapter, no structure shall be erected or altered to exceed 100 feet in height.

(3)

Yards. Except as provided in subsection (e) of this section, no yards are required.

(4)

Parking. The requirements of article V of this chapter, concerning required off-street parking and loading, are waived in the downtown development district.

(d)

District use regulations.

(1)

Purpose. The placement of high-level pedestrian attractors are encouraged to be situated on ground-floor levels adjacent to pedestrian traffic areas to enhance the district as a healthy retail and personal service district.

(2)

Standards.

a.

Uses by right are encouraged in ground-floor locations adjacent to sidewalks and other pedestrian traffic lanes.

b.

Uses shown as permitted by planning approval are encouraged to be situated in aboveground locations or other locations that are not immediately adjacent to high pedestrian traffic lanes as deemed appropriate by the planning commission.

(3)

Compliance. Notwithstanding the provisions of section 140-130(f), the district use regulations in this section shall apply to all new construction, and to any re-establishment of any non-conforming use in any existing building if such non-conforming use has been abandoned or discontinued for any period of time, regardless of duration. Change of ownership alone shall not constitute abandonment or discontinuance.

(e)

District structural regulations.

(1)

Purpose.

a.

Blank walls on the ground-floor level are limited:

1.

To encourage continuity of retail and consumer service uses;

2.

To encourage retail and commercial activities at street level;

3.

To provide a pleasant, rich, and diverse experience for pedestrians by visually connecting activities occurring within a structure to adjacent sidewalk areas;

4.

To enhance crime prevention by increasing opportunities for surveillance of the street from the interiors of buildings and vice versa;

5.

To restrict unpleasant, blank-wall facades at the street level; and

6.

To avoid a monotonous environment.

b.

Building setbacks, shapes, and bulk are regulated to encourage a harmonious association of compatible buildings.

(2)

Standards.

a.

Transparency requirements.

1.

At least 50 percent of the length and at least 25 percent of the area of ground-level exterior walls abutting sidewalks, plazas, or other public open spaces or rights-of-way must be devoted to windows affording views into retail, office, or lobby space, pedestrian entrances, or retail display windows.

2.

This limitation on blank walls does not apply to sides of buildings having residential units located adjacent to the exterior ground-floor wall.

3.

Buildings having less than 50 percent of their ground-level floor area in retail, office, or lobby use:

(i)

Where a building contains other active uses found by the planning commission to be of visual interest to the pedestrian, windows affording views of that active use may be provided as an alternative to subsection (a)(2)a of this section. Examples of such uses are pressrooms, classrooms, kitchens, or manufacturing processes. Parking areas, truck loading areas, vehicular access ways, and storage areas are not to be considered active uses.

(ii)

Artwork such as murals or reliefs may be substituted to meet the requirements of subsection (a)(2)a of this section, if the proposed artwork is found by the planning commission to meet the intent of this section. Artwork and displays relating to activities occurring within the building or historical subjects relating to the downtown area are encouraged.

b.

Building setback limitations.

1.

Along a street or pedestrian right-of-way, building walls must extend to the right-of-way line for at least 75 percent of said line.

2.

As an alternative to (a)(2)b of this section, walls may extend to within 12 feet of said line with the remaining space between the building and line designed as an extension of the sidewalk and committed to active uses, including, but not limited to, sidewalk cafes, vendors' stands, public art, or pedestrian rest areas with street furniture.

3.

Alleys unusable by the public for pedestrian access may not be created between buildings.

c.

Exterior design compatibility (existing development).

1.

Every reasonable effort shall be made to provide a compatible use for an existing building which requires minimal alteration of the building, structure, or site and its intended purpose.

2.

The distinguishing original qualities or character of a building, structure, or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible.

3.

All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and that seek to create an earlier or later appearance shall be discouraged.

4.

Changes that may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected.

5.

Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity.

6.

Deteriorated architectural features shall be repaired rather than replaced wherever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence, rather than on conjectural designs or the availability of different architectural elements from other buildings or structures.

7.

The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken.

8.

Every reasonable effort shall be made to protect and preserve archaeological resources affected by, or adjacent to, any project.

9.

Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural, or cultural material, and such design is compatible with the size, scale, color, material, and character of the property, neighborhood, or environment.

10.

Wherever possible, new additions or alterations to structures shall be done in such a manner that, if such additions or alterations were to be removed in the future, the essential form and integrity of the structure would be unimpaired.

d.

New development or additions. Any new or existing building, structure, and appurtenances thereof, that is moved, reconstructed, materially altered, or expanded shall be visually compatible with buildings, public ways, and places to which it is visually related in terms of the following characteristics:

1.

Its height; the relationship of width to height of its elevation; the relationship of width to height of its windows; the number, frequency and intervals of its windows, doors, and other appurtenances; the relationship of solids to voids on its exterior facades;

2.

Its relationship to any open space between it and adjoining buildings or structures; the relationship of its entrances and other projections to sidewalks, the relationships of the materials, textures, and colors of its facade;

3.

The shape of its roof line; the bulk and arrangement of associated walls, fences, landscape masses, entryways, signs, awnings, porches, and balconies; and

4.

Its directional orientation, whether this be vertical, horizontal, or nondirectional.

e.

Balconies and awnings. Only cloth awnings or banners shall project into rights-of-way, alleys, or other public access ways; however, the planning commission may approve balconies that encroach into public rights-of-way, provided the design of such a balcony does not violate the requirements of subsection (e)(2)c of this section.

(3)

Compliance.

a.

Notwithstanding the requirements of section 140-130(f), district structural regulations in this section shall apply to all new construction and all major remodeling projects in the downtown development district.

b.

A major remodeling project is any remodeling or reconstruction where the building floor area is being increased by 15 percent or more or when the cost of the remodeling is greater than 50 percent of the fair market value of the existing improvements on the site (fair market value for purposes of this provision being defined as that value used to calculate the assessed value of the site on the assessment rolls of the town for the most recent year).

c.

Multiple remodeling projects undertaken over a period of five years or less where the cumulative effect is to accomplish a major remodeling shall be considered a major remodeling project for purposes of this section.

(Ord. No. 533, § 2(13), 4-13-1999)

These districts are composed of land and structures used for manufacturing or wholesaling, or suitable for such uses, where the use and its operation do not directly, adversely affect nearby residential and commercial uses. These districts are usually separated from residential areas by commercial areas or by natural barriers. The district regulations are designed to allow a wide range of industrial activities subject to limitations designed to protect nearby residential and commercial districts.

(1)

Permitted uses in I-1 districts. See the table of permitted uses in section 140-184.

(2)

Building site area. The minimum building site area shall be 10,000 square feet.

(3)

Building height limit. Except as provided in article III of this chapter, no structure shall be erected or altered to exceed 45 feet.

(4)

Yards required. Except as provided in article III of this chapter, the minimum dimensions of yards shall be:

*However, a rear yard abutting on a lot in a district with a higher level of restriction as defined in section 140-26(b) shall have the same minimum depth as the yards required in the higher level district.

(Ord. No. 533, § 2(14), 4-13-1999)

These districts are composed mainly of large open unsubdivided lands that are vacant or in agricultural or forestry uses. The regulations are designed to protect the essentially open character of the districts, until such time as plans for development are prepared by prohibiting the establishment of scattered residential, business, industrial and other uses that are unrelated to any general plan of development and that might inhibit the best future urban utilization of the land. It is intended that land in these districts will be reclassified to its appropriate residential, commercial or industrial category in accordance with the amendment procedures set forth herein whenever such land is subdivided into urban building sites.

(1)

Permitted uses in O-L districts. See the table of permitted uses in section 140-184.

(2)

Building site area. The minimum building site area shall be:

(3)

Building height limit. Except as provided in article III of this chapter, no structure shall be designed, erected or altered to exceed 35 feet.

(4)

Yards required. Except as provided in article III of this chapter, the minimum dimensions of yards shall be:

(Ord. No. 533, § 2(15), 4-13-1999)

(a)

No recreational vehicle as defined in section 140-5, located anywhere within the town zoned R-1, R-1H or R-2 shall be connected to town water, town sewer and/or commercially-supplied electricity unless said recreational vehicle is located within a recreational vehicle park, as defined in section 140-5.

(b)

No recreational vehicle, as defined in section 140-5, located anywhere within the town zoned R-1, R-1H or R-2, unless the same is located within a recreational vehicle park as defined by section 140-5, shall be occupied, unless a permit for such occupancy has been obtained from the town.

(c)

No recreational vehicle as defined in section 140-5, located anywhere within the town zoned R-1, R-1H or R-2 shall be occupied by any individual who has rented the same from the owner of said recreational vehicle, it being the intention of this chapter to prohibit the rental of recreational vehicles within the town.

(d)

Notwithstanding any other provision of this chapter, a recreational vehicle, as defined in section 140-5, located within the town zoned R-1, R-1H or R-2 but outside of any recreational vehicle park, as defined in section 140-5, may be occupied for a period of more than 30 days, provided that:

(1)

An application has been made to the board of aldermen seeking permission for such extended occupancy, said application having been made prior to any provision of this chapter being violated; and

(2)

The board of aldermen has, by a unanimous vote, granted permission for such extended occupancy.

Any period of extended occupancy granted by the board of aldermen under the provisions of this section shall not be for a period in excess of 30 consecutive calendar days; each request for a period of extended occupancy shall require a new application and approval; and at no time shall a period of extended occupancy be granted for more than a single recreational vehicle on a single tract or lot of land.

(e)

Any person, firm or corporation violating the provisions of this section shall be fined, upon conviction, not less than $10.00 and not more than $25.00 or imprisoned for not more than 30 days, or both, for each offense. Each day that a violation occurs will be considered as a separate offense. The imposition of any penalty hereunder shall not preclude the building inspector, zoning administrator, town attorney or other appropriate authority of the town, or any adjacent or neighboring property owner who would be specifically damaged by such violation, from instituting injunction, mandamus or other appropriate actions or proceedings to prevent such unlawful activity.

(Ord. No. 720, § I, 5-27-2014)