In order to carry out the purposes of this chapter, the town is hereby divided into the following zoning districts:

(1)

R-1 Low Density Residential District.

(2)

R-2 Medium Density Residential District.

(3)

R-3 High Density Residential District.

(4)

CBD Central Business District.

(5)

C Commercial District.

(6)

I-1 Light Industrial District.

(7)

I-2 Heavy Industrial District.

(8)

A Agricultural District.

(9)

P Park and Open Space District.

(10)

PUD Planned Unit Development District.

(Prior zoning regs., § 201; Code 1992, § 16-31; Ord. No. 1-1992, § 1)

(a)

The boundaries of the zoning districts listed in section 16-31 are established as shown on a map entitled "zoning map," which map is hereby made a part of this chapter.

(b)

Unless otherwise defined on the zoning map, district boundary lines are as follows:

(1)

Lot lines;

(2)

Centerlines of streets, alleys, railroad right-of-way or such lines extended;

(3)

Municipal corporate lines;

(4)

Centerlines of streambeds or irrigation ditches; and

(5)

Other lines drawn to scale on the zoning map.

(c)

Where a lot is divided at the time of enactment of this chapter or by subsequent amendments by a zoning district boundary line, the less restrictive zoning requirements may be extended not more than 25 feet into the more restrictive zoning district adjacent to the zoning district boundary line.

(d)

Where interpretation is needed as to the exact location of the boundaries of a zoning district, the board of trustees shall make the necessary interpretation.

(Prior zoning regs., § 202; Code 1992, § 16-32; Ord. No. 1-1992, § 1)

Any amendments to the zoning map of the town shall require that the applicant, the planning and zoning commissions and the board of trustees follow the requirements of section 16-142. The procedure to amend the zoning map may be initiated by the board of trustees or by a qualified applicant as described in article VI of this chapter. The planning and zoning commissions shall periodically make a comprehensive study and review of the zoning map for the purpose of maintaining the zoning map on a current basis.

(Prior zoning regs., § 203; Code 1992, § 16-33; Ord. No. 1-1992, § 1)

(a)

The purpose of this section is to encourage the development of land in the commercial and industrial zones, and to discourage the rezonings of land to uses where there is no serious intent to develop the property. This section is not intended to have any application to any residential district and is not intended to affect those rezonings which are done with a seriousness of intent to develop the land.

(b)

This section shall apply where property has been rezoned, or is to be rezoned, to the following zone districts: CBD, Commercial, I-1 or I-2.

(c)

This section shall not apply to land rezoned prior to the adoption date of the ordinance codified in this chapter but shall not restrict the town's authority to initiate rezoning on such parcels of land according to the procedures listed in section 16-142.

(d)

Land which is conditionally rezoned after the effective date of the ordinance codified in this section shall remain in its prior zoning category if construction and development have not occurred within two years of the final passage of the conditional rezoning ordinance.

(1)

After the effective date of the ordinance codified in this section, any ordinance rezoning land to a category to which this section applies, as set forth in subsection (b) of this section, shall include the language:

"This ordinance shall take effect at such time as construction and development on the above-described property occurs, as defined by section 16-34(e) of the town zoning ordinance. If such construction and development does not occur within two years of the effective date of this ordinance, this ordinance shall be void and of no further force and effect."

The above language will refer to each individual ordinance rezoning land and not to the town zoning ordinance itself.

(2)

Because these ordinances, subsequent to the effective date of the ordinance codified in this section, shall only take effect upon construction and development, it is at that time that rezoning will be considered to occur. If construction and development have not occurred, the ordinance shall not take effect and, thus, no hearing shall be required under section 16-142.

(3)

Written notice that the two-year time period is going to expire shall be given to the property owner not less than 30 days prior to such expiration.

(4)

Extensions may be made to the two-year time period as specified in subsection (d)(1) of this section. Such extensions may be granted by the board of trustees after the planning and zoning commissions have reviewed and made a recommendation to the board of trustees, where the applicant has demonstrated to the satisfaction of the board of trustees that development plans for the property are proceeding and shall commence within the additional time period, or has demonstrated to the board of trustees that the zoning is consistent with the master plan of the town and that there has been no significant change in the surrounding neighborhood. Each individual extension granted by the board of trustees under this authority may be for a period of up to two years, and such extension shall be granted by ordinance.

(5)

If no zone district of the town existed on the land prior to the current effective zone district, then the town shall have 30 days within which to initiate zoning to a new category, following the expiration of the two-year time period.

(e)

The obtaining of a building permit for the development of principal structures on the property shall be evidence of commencement of construction and development, as required by this section. If the time period provided by subsection (d) of this section has expired and subsequent to that date the building permit on the property expires, failure to have a valid building permit shall be deemed to be a failure to commence development and construction and the provisions of this section shall apply.

(Prior zoning regs., § 204; Code 1992, § 16-34; Ord. No. 1-1992, § 1)

(a)

Special uses authorized. Upon approval by the board of trustees, the town clerk or a designee may issue a special use permit for the following uses, notwithstanding the existence of any prohibitory provisions in this chapter, provided that under no circumstances shall any exception or special use permit be granted so as to permit a commercial use to be granted in a residentially zoned area:

(1)

A requested use in a zone district within the town where such use is not permitted in the underlying zone, either as a permitted use or as a use subject to a public hearing. The maximum time period is 30 days per year.

(2)

Merchandising from other than a permanent structure. The maximum time period is 15 consecutive days per calendar month and shall only be issued three times in a calendar year to the same applicant.

(3)

Private use of a public right-of-way by placement of a sign, advertisement or merchandise within the right-of-way. The maximum time period is nine consecutive days per calendar month and shall only be issued three times in a calendar year to the same applicant.

(4)

Use of the public roadway for purposes of conducting a parade, or organized nonvehicular use, including, but not limited to, walkathons, jogathons, bikeathons, etc. The maximum time period is two days per year.

(b)

Special use permit application. Application for a special use permit shall be made in accordance with the procedures set forth in section 16-147.

(Prior zoning regs., § 205; Code 1992, § 16-35; Ord. No. 1-1992, § 1)

(a)

Temporary uses authorized. In nonresidential zone districts, a permit may be granted for temporary trailers, offices and structures necessary for construction purposes, only upon written approval of the board of trustees. Such approval shall be limited to a maximum of six months and may be renewed upon separate applications. Failure to remove any such trailers, offices or structures after the expiration of such permit, or after completion of construction on a site, notwithstanding the fact that the permit has not expired, shall be in violation of this section.

(b)

Temporary use permit application. Application for a temporary use permit shall be made in accordance with the procedures set forth in section 16-147.

(Prior zoning regs., § 205; Code 1992, § 16-36; Ord. No. 1-1992, § 1)