This chapter shall be known as the "Uniform Zoning Ordinance of Minersville" and may be so cited and pleaded.

This chapter is designed and enacted for the purpose of promoting the health, safety, morals, convenience, order, prosperity and welfare of the present and future inhabitants of the town, including, among other things, the lessening of congestion in the streets or roads, securing safety from fire and other dangers, providing adequate light and air, classification of land uses and distribution of land development and utilization, protection of the tax base, securing economy in governmental expenditures, fostering the agricultural and other industries, and the protection of urban development.

In interpreting and applying the provisions of this chapter, the requirements contained herein are declared to be the minimum requirements for the purposes set forth.

This chapter shall not nullify the more restrictive provisions or covenants, agreements, or other ordinances or laws, but shall prevail notwithstanding such provisions which are less restrictive.

The existing ordinances covering zoning, in their entirety, and including the maps heretofore adopted and made a part of said ordinances are hereby superseded and amended to read as set forth herein; provided, however, that this chapter, including the attached map, shall be deemed a continuation of previous ordinances and not a new enactment, insofar as the substance or revisions of previous ordinances is included in this chapter, whether in the same or in different language. This chapter shall be so interpreted upon all questions of construction relating to tenure of officers and boards established by previous ordinances and to questions of conforming or nonconforming uses and buildings and structures, and to questions as to the dates upon which such uses, buildings, or structures became conforming, or nonconforming.

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

Accessory use or structure means a use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.

Agriculture means the tilling of the soil, the raising of crops, horticulture and gardening; breeding, grazing and keeping or raising of domestic animals and fowl, except household pets, and not including any agricultural industry or business, such as fruit packing plants, fur farms, animal hospitals, or similar uses.

Alterations, structural, means any change in the supporting members of a building such as bearing walls, columns, beams or girders.

Animals, large, means any animal weighing over 400 pounds. Two animals under 200 pounds or ten fowl are equivalent to one large animal.

Apartment hotel means any building which contains dwelling units and also satisfies the definition of a hotel.

Automobile service station means a place where gasoline, or any other motor fuel or lubricating oil or grease for operating motor vehicles is offered for sale to the public and deliveries are made directly into motor vehicles, and where services performed may include tube and tire repair, battery charging, storage of merchandise, lubricating of automobiles, replacement of spark plugs, lights, fans and other small parts, but not including major automobile repair.

Automobile or trailer sales area means an open area used for display, sale or rental of new or used motor vehicles or trailers in operable condition and where no repair work is done.

Automobile or truck paint shop means a facility for painting of automobiles, trucks, trailers, boats, or other travel or recreational vehicles or units.

Basement means a story whose floor is more than 12 inches below the average level of the adjoining ground, but where not more than one-half of its floor-to-ceiling height is below the average contact level of the adjoining ground. A basement shall be counted as a story for purposes of height measurement, and as a half-story for the purpose of side-yard determination.

Boardinghouse means a building with not more than five guest rooms where, for compensation, meals are provided for at least five but not more than 15 persons.

Building.

(1)

The term "building" means any structure used or intended to be used for the shelter, or enclosure, of persons, animals, or property.

(2)

The term "building" shall include the word "structure."

Building, height of, means the vertical distance from the average finished grade surface to the highest point of any building roof or coping.

Building, main, means the principal building or one of the principal buildings upon a lot, or the building or one of the buildings housing a principal use upon a lot.

Carport means a private garage not completely enclosed by walls or doors. For the purposes of this chapter, a carport shall be subject to all the regulations prescribed for a private garage.

Child nursery means an establishment for the care and/or the instruction of five or more children other than members of the family residing on the premises.

Clinic, dental or medical, means a building in which a group of dentists, physicians, and allied professional assistants are associated for the conduct of their professions. The clinic may include a dental and/or a medical laboratory and an apothecary, but it shall not include in-patient care of operating rooms for major surgery.

Conditional use means a use of land for which a conditional use permit is required, pursuant to this chapter.

Corral means a space other than a building, less than one acre in area, or less than 100 feet in width, used for the confinement of animals.

Dairy means a commercial establishment for the manufacture, processing or packaging of dairy products, and their sale. For the purposes of this definition, the production of milk on a farm for wholesale marketing off the premises shall not classify the farm as a dairy.

District means a portion of the territory of the town established as a zoning district by this chapter, within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this chapter, includes "zone," and also "zoning district."

Dwelling means any building or portion thereof designed or used exclusively as the more or less permanent residence or sleeping place of one or more persons or families, but not including a tent, travel trailer, hotel, motel, hospital, or nursing home.

Dwelling, group, means a group of two or more detached buildings used as dwellings, located on a lot or parcel of land.

Dwelling, manufactured home, means a detached residential dwelling unit at least 30 feet long, designed for transportation on streets or highways on its own wheels or on flatbed or other trailers, and arriving at the site where it is to be occupied as a dwelling complete and ready for occupancy except for minor and incidental unpacking and assembly operations, location on jacks or other temporary or permanent foundations, connections to utilities, and the like.

Dwelling, multiple-family, means a building arranged or designed to be occupied by more than two families, the structure having more than two dwelling units.

Dwelling, single-family, means a building arranged or designed to be occupied by one family, the structure having only one dwelling unit.

Dwelling, two-family, means a building arranged or designated to be occupied by two families, the structure having only two dwelling units.

Dwelling unit means one or more rooms in a dwelling, apartment hotel or apartment motel, designed for or occupied by one family for living or sleeping purposes and having one but not more than one kitchen or set of fixed cooking facilities, other than hot plates or other portable cooking units.

Family means an individual, or two or more persons related by blood, marriage, or adoption, or a group of not more than four persons (excluding servants) who are not related, living in a dwelling unit as a single housekeeping unit and using common cooking facilities.

Family food production means the keeping of domestic animals and fowl for the production of food for the sole use of the family occupying the premises.

Floor area means area included within surrounding walls of a building, or portion thereof, exclusive of vents, shafts and courts.

Frontage means all property fronting on one side of the street between intersecting or intercepting streets, or between a street and a right-of-way, waterway, end of dead-end street, or political subdivision boundary, measured along the street side property line. An intercepting street shall determine only the boundary of the frontage on the side of the street which it intercepts.

Garage, private, means a detached accessory building, or a portion of a main building, used or intended to be used for the storage of motor vehicles, trailers or boats, but not including the parking or storage of trucks or vans having a capacity in excess of one and one-half tons, and not including space for more than a total of four such vehicles, trailers or boats for each dwelling unit on the premises, except that not more than two snowmobiles may be stored in addition to the number of other vehicles, boats or trailers herein permitted.

Garage, repair, means a structure or portion thereof other than a private garage, used for the repair or refinishing of self-propelled vehicles, trailers, or boats, including general repair, rebuilding or reconditioning of engines, motor vehicles, or trailers, and minor collision service, but not including major body, frame or fender repairs or overall automobile or truck painting, except by planned unit development. A repair garage may also include incidental storage, care, washing, or sale of automobiles.

Grade means:

(1)

For buildings adjoining one street only, the elevation of the sidewalk at the center of the wall adjoining the street.

(2)

For buildings adjoining more than one street, the average of the elevations of the sidewalk at the centers of all walls adjoining the streets.

(3)

For buildings having no wall adjoining the street, the average level of the finished surface of the ground adjacent to the centers of all exterior walls of the building.

(4)

Any wall parallel or nearly parallel to and not more than five feet from a street line is to be considered as adjoining the street.

Home occupation means any use conducted entirely within a dwelling and carried on by persons residing in the dwelling unit, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof and in connection with which there is no display, nor stock in trade. The home occupation shall not include the sale of commodities except those which are produced on the premises and shall not involve the use of any accessory building or yard space or activity, outside of the main building, not normally associated with residential use. Only one-fourth of the home may be used as the home occupation. The term "home occupation" shall include the use of the home by a physician, surgeon, dentist, lawyer, clergyman, engineer, or other professional person for consultation or emergency treatment, but not for the general practice of this trade or profession. The term "home occupation" shall include the care of not more than six children other than members of the family residing in the dwelling.

Hospital means institution for the diagnosis, treatment and care of human illness or infirmity, including sanitariums and clinics.

Hotel means a building designed for or occupied as the more or less temporary abiding place of 16 or more individuals who are, for compensation, lodged, with or without meals, and in which no provision is made for cooking in any individual room or suite.

Household pets means animals or fowl ordinarily permitted in the house and kept for company or pleasure, such as dogs, cats, and canaries, but not including a sufficient number of dogs to constitute a kennel, as is defined in this chapter. Household pets may also include the keeping of not more than ten pair of chinchillas, but not including the keeping of normally dangerous animals.

Junk means old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris or other waste or salvage materials; junked, dismantled or wrecked automobiles or parts thereof; and old or scrap ferrous or non-ferrous metal materials.

Junkyard means the use of any lot, portion of a lot, or tract of land for the storage, keeping or abandonment of junk, including scrap metals or other scrap material, or for the dismantling, demolition or abandonment of automobiles, or other vehicles, or machinery or parts thereof; provided that the term "junkyard" shall be deemed not to include such uses which are clearly accessory and incidental to any agricultural use permitted in the zone.

Kennel means any premises where three or more dogs older than four months are kept.

Lodginghouse means a building where lodging only is provided for compensation to at least three but not more than 15 persons, but not including motels or hotels.

Lot means a parcel or unit of land described by metes and bounds and held or intended to be held in separate lease or ownership, or shown as a lot or parcel on a recorded subdivision map, or shown on a plat used in the lease or sale or offer of lease or sale of land resulting from the division of a larger tract into two or more smaller units. The term "lot" includes the words "plot" or "parcel."

Lot, corner, means a lot abutting upon two or more streets at their intersection or upon two parts of the same street, such streets or parts of the same street forming an interior angle of less than 135 degrees.

Lot width means the horizontal distance between the side lot lines, measured at the required front yard setback line or rear yard setback line, whichever is shorter.

Motel means a building or group of buildings for the accommodation of transient guests, comprising individual sleeping or living units, and designed and located to serve the motoring public.

Nonconforming building or structure means a building or structure which does not conform to the regulations for height, coverage or yards of the district in which it is situated, but which was in conformity with applicable regulations, if any, at the time of its erection.

Nonconforming use means the use of a building or structure or land which does not conform to the use regulations for the district in which it is situated, but which was in conformity with applicable regulations, if any, at the time of its establishment.

Nursing home means an institution, other than a hospital, for the care of human illness or infirmity in which care, rather than diagnosis or treatment, constitutes the principal function. The term "nursing home" also shall include rest homes and convalescent homes.

Parking lot means an open area, other than a street, used for parking or more than four automobiles and available for public use, whether free, for compensation, or accommodation for clients or customers.

Parking space means a permanently-surfaced area, enclosed or unenclosed, for the parking of one motor vehicle.

Person includes a firm, association, organization, partnership, trust, company, or corporation as well as an individual.

Planned unit development means an integrated design for development of residential, commercial or industrial uses, or combinations of such uses, in which the density and location regulations of the district in which the development is situated may be varied or waived to allow flexibility and initiative in site and building design and location, in accordance with an approved plan and imposed general requirements.

Setback means the shortest horizontal distance between the boundary line of a lot and the building or structure or part thereof.

Sign means any writing, pictorial representation, symbol, banner, or any other figure of similar character of whatever material which is used to identify, announce, direct attention to or advertise, which is placed on the ground, on any bush, tree, rock, wall, post, fence, building, structure, vehicle, or any place whatsoever and which is visible from outside a building. The term "placed" shall include constructing, erecting, posting, painting, printing, tacking, nailing, gluing, sticking, carving, stringing, or otherwise fastening, affixing, or making visible in any manner whatsoever.

Sign, advertising means a sign which advertises a business, profession, commodity, service, or entertainment conducted, sold, or offered elsewhere than on the premises where the sign is displayed, or a sign in which more than 25 percent of the area of the sign is devoted to advertising a use or product which does not constitute the principal activity of the establishment on the premises.

Sign area means the area in square feet of the smallest rectangle enclosing the total exterior surface of a sign having but one exposed exterior surface. Should the sign have more than one surface, the sign area shall be the aggregate of all surfaces measured as above.

Sign, business, means a sign which directs attention to a business, profession, commodity, service or entertainment conducted, sold, or manufactured upon the same lot. A sign advertising a particular product or line of products sold on the premises but not constituting the principal activity of the establishment may be included, provided that not more than 25 percent of the area of the sign is devoted to such advertising.

Sign, freestanding, means a sign located directly on the ground, or on any support other than a building, whether or not the principal purpose of such support is to display the sign.

Sign, residential, means a sign which gives notice of the name of the address of a residential building, the name or occupation of a resident thereof, or conditions of use of parking facilities serving a residential use.

Sign, roof, means a sign erected partly or wholly upon or over the roof of a building.

Sign, wall, flat, means a sign affixed to or painted on the wall of a building in such a manner that the surface of the sign is parallel with the prevailing surface of the wall upon which the sign is displayed, and which does not project beyond such surface more than ten inches, nor above the roof or cornice line of such building.

Sign, wall, projecting, means a sign other than a flat wall sign, affixed to a wall or other portion of a building, and not projecting above the roof or cornice line of such building.

Story means that portion of a building included between the surface of any floor and the floor or ceiling next above it.

Story, half, means a partial story under a gable, hip, or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than four feel above the floor of such story; and the floor area of which does not exceed two-thirds of the floor area of the floor next immediately below it; provided, however, that any partial story used for one or more dwelling units shall be deemed a full story.

Street, private, means a right-of-way or easement in private ownership, not dedicated or accepted as a public street, which affords the principal means of access to two or more sites.

Street, public, means a thoroughfare which has been dedicated or abandoned to the public and accepted by a proper public authority, or a thoroughfare not less than 25 feet wide which has been made public by right of use and which affords the principal means of access to abutting property.

Structure means anything constructed, the use of which requires fixed location on the ground, or attachment to something having a fixed location upon the ground.

Used or occupied includes arranged, designed, constructed, altered, converted, rented, leased, or intended to be used;

(a)

The construction, alteration, repair, or removal of any building or structure or any part thereof, as provided or as restricted in this article shall not be commenced or proceeded with except after the issuance of a written permit for the same by the building inspector. If work is not started on a structure or building within one year from issuance of a permit, a new permit will be required.

(b)

Pursuant to the issuance of a building permit in the town, the applicant shall submit to the building inspector evidence of having an approved culinary water supply and an approved method of waste disposal. Both the water supply and the method of waste disposal shall be approved in writing by the county health department prior to the issuance of a building permit.

A detailed site plan, drawn to scale, scale and sheet size to be determined by the building inspector, shall be filed as a part of any application prior to consideration or for any building permit. The site plan shall show, where pertinent:

(1)

Note of scale used;

(2)

Direction of north point;

(3)

Lot lines, together with adjacent streets, roads and rights-of way;

(4)

Location of all existing structures on subject property and adjoining properties (completely dimensioned, including utility lines, poles, etc.);

(5)

Location of the proposed construction and improvements, including the location and dimensions of all signs;

(6)

Motor vehicle access, including individual parking stalls, circulation patterns, curb, gutter and sidewalk location;

(7)

Necessary explanatory notes;

(8)

Name, address and telephone number of builder and owner; and

(9)

All other information that may be required as is determined by the building inspector.

The building inspector is hereby authorized to inspect or to cause to be inspected all buildings and structures in the course of construction, modification or repair and to inspect land uses to determine compliance with the provisions of the zoning chapter. The building inspector or any authorized employee of the town shall have the right to enter the premises for the purpose of determining compliance with the provisions of this article; provided that such right of entry shall be exercised only at reasonable hours and that in no case shall entry be made to any occupied building in the absence of the owner or tenant thereof without written permission of the owner, or the written order of a court or competent jurisdiction.

Through resolution the county building inspector is hereby designated and authorized as the officer charged with the enforcement of this article. He shall enforce all the provisions of this article, entering actions in the court when necessary, and his failure to do so shall not legalize any violations of such provisions. The town board may, by resolution or ordinance, from time to time entrust the administration of this article, in whole or in part, to any other officer of the town or the county without amendment to this article. Such officers may include a zoning administrator, a planning director, or others.

Any person, firm or corporation, whether as principal, agent, employee or otherwise, violating or causing or permitting the violation of the provisions of this article shall be guilty of a misdemeanor and shall be punishable as provided by law. Such person, firm, or corporation who intentionally violates this article shall be deemed to be guilty of a misdemeanor and shall be punishable as provided by law. Such person, firm, or corporation who intentionally violates this article shall be deemed to be guilty of a separate offense for each of every day during which any portion of any violation of this article is committed, continued, or permitted by such person, firm or corporation, and shall be punishable as herein provided.

The town board may, from time to time, amend the number, shape, boundaries or areas of any district, or any regulation or any other provision of the zoning chapter, but any such amendment shall not be made or become effective until after 30 days' notice and public hearing and unless the same shall have been proposed by or be first submitted to the planning commission for its recommendation which shall be returned within 30 days.

Before finally adopting any such amendment, the town board shall hold a public hearing thereon, at least 30 days' notice of the time and place of which shall be given by at least one publication in a newspaper of general circulation in the town.

All departments, officials and public employees of the town which are vested with duty or authority to issue permits or licenses shall conform to the provision of this article and shall issue no permit or license for uses, buildings, or purposes where the same would be in conflict with the provisions of this article and any such permit or license, if issued in conflict with the provisions of this article, shall be null and void.

Fees may be charged applicants for building, occupancy and planned unit developments, design review and planned unit development approval, planning commission and board of adjustment hearings, and such other services as are required by this article to be performed by public officers or agencies. Such fees shall be established by the legislative body and shall be in amounts reasonably necessary to defray costs to the public.