In order to classify and regulate the uses of land, water, buildings and structures, to regulate the height and bulk of buildings, to regulate the area of yards and other spaces around buildings and to regulate the intensity of land use, the town is divided into the following zoning districts:

(Ord. No. 2003-01, § 4.6(intro. ¶), 3-11-2003; Ord. No. 2015-02, § 3, 3-10-2015)

(a)

Description of district. The A zoning district is intended for single-family residences to preserve and enhance low-density neighborhood values and to retain a rural atmosphere.

(b)

Permitted uses. The following are permitted uses in the A zoning district:

(1)

Single-family dwelling units having a minimum living area of 1,100 square feet for one or two bedroom residences and 1,250 square feet for three or more bedroom residences exclusive of garages, carports and screened areas.

(2)

Family day care homes.

(3)

Community residential homes with six or fewer residents.

(4)

Buildings, structures or uses maintained or operated by the town.

(5)

Home occupations conducted within single-family dwelling units and operated in accordance with this chapter.

(6)

Field crops, groves and other agricultural uses and associated retail sales.

(7)

Accessory buildings customarily used in connection with each permitted use.

(c)

Conditional uses. The following are conditional uses in the A zoning district:

(1)

Houses of worship.

(2)

Public or semi-public facilities or structures owned or operated by the town, county, the state or the federal government.

(3)

Utility facilities, including electric transformers, gas regulator stations, telephone switching equipment, gas pipelines, transmission lines and poles.

(4)

Boathouses without living quarters.

(5)

Cemeteries.

(6)

Uses which as determined after consideration by the planning and zoning board and approval of the town council, will not have a more adverse affect upon the public health, safety and welfare than other permitted or conditional uses in the zoning district.

(d)

Prohibited uses. Any use not listed as a permitted or conditional use as outlined in subsections (b) and (c) of this section is considered a prohibited use.

(e)

Site development standards. The following schedule reflects the site development standards of the A zoning district:

(Ord. No. 2003-01, § 4.6.1, 3-11-2003; Ord. No. 2016-07, § 5, 4-12-2016)

(a)

Description of district. The RR zoning district is intended for single-family residences and is meant to preserve and enhance low density neighborhood values and to retain a rural atmosphere.

(b)

Permitted uses. The following are permitted uses in the RR zoning district:

(1)

Single-family dwelling units having a minimum of living area of 1,100 square feet for one or two bedroom residences and 1,250 square feet for three or more bedroom residences, exclusive of garages, carports, and screened areas.

(2)

Family day care homes.

(3)

Community residential homes with six or fewer residents.

(4)

Buildings, structures or uses maintained or operated by the town.

(5)

Home occupations conducted within single-family dwelling units and operated in accordance with this chapter.

(6)

Field crops, groves and other agricultural uses not involving retail sales.

(7)

Accessory buildings customarily used in connection with each permitted use.

(c)

Conditional uses. The following structures, buildings and uses shall be permitted only with a conditional use permit approved by the town council:

(1)

Houses of worship.

(2)

Public or semi-public facilities or structures owned or operated by the town, county, the state or the federal government.

(3)

Utility facilities, including electric transformers, gas regulator stations, telephone switching equipment, gas pipelines, transmission lines and poles.

(4)

Boathouses without living quarters.

(5)

Cemeteries.

(6)

Uses which, as determined after consideration by the planning and zoning board and approval of the town council, will not have a more adverse affect upon the public health, safety and welfare than other permitted or conditional uses in the zoning district.

(d)

Prohibited uses. Any use not listed as a permitted or conditional use as outlined in subsections (b) and (c) of this section is considered a prohibited use in the RR zoning district.

(e)

Site development standards. The following schedule reflects the site development standards of the RR district:

(Ord. No. 2003-01, § 4.6.2, 3-11-2003)

(a)

Description of district. The R1L zoning district is intended for single-family residence to preserve and enhance low density neighborhood values.

(b)

Permitted uses. The following are permitted uses in the R1L zoning district:

(1)

Single-family dwelling units having a minimum living area of 1,100 square feet for one or two bedroom residences and 1,250 square feet for three or more bedroom residences, exclusive of garages, carports, and screened areas.

(2)

Family day care homes.

(3)

Community residential homes with six or fewer residents.

(4)

Buildings, structures or uses maintained or operated by the town.

(5)

Home occupations conducted within single-family dwelling units and operated in accordance with this chapter.

(6)

Field crops, groves, and other agricultural uses not involving retail sales.

(7)

Accessory buildings customarily used in connection with each permitted use.

(c)

Conditional uses. The following structures, buildings and uses shall be permitted only with a conditional use permit approved by the town council:

(1)

Houses of worship.

(2)

Public or semi-public facilities or structures owned or operated by the town, county, the state or the federal government.

(3)

Utility facilities, including electric transformers, gas regulator stations, telephone switching equipment, gas pipelines, transmission lines and poles.

(4)

Boathouses without living quarters.

(5)

Cemeteries.

(6)

Uses which, as determined after consideration by the planning and zoning board and approval of the town council, will not have a more adverse affect upon the public health, safety, and welfare than other permitted or conditional uses in the zoning district.

(d)

Prohibited uses. Any use not listed as a permitted or conditional use as outlined in subsections (b) and (c) of this section is considered a prohibited use.

(e)

Site development standards. The following schedule reflects the site development standards of the R1L single family zoning district:

Exceptions. The following exception shall apply to site development standards for this zoning district for residential uses only:

The minimum rear yard setback for a roofed screen enclosure or "screened patio or porch with metal roof" is 15 feet. A roofed screen enclosure or "screened patio or porch with metal roof" must be attached to the dwelling structure and contain a metal roof and be fully screened. The roofed screen enclosure or "screened patio or porch with metal roof" can contain an aluminum or other metal kick plate that is no more than 18 inches in height or must be completely screened to the ground. The roofed screen enclosure or "screened patio or porch with metal roof" is prohibited from ever being enclosed with any material other than screen, or utilized in any manner as living quarters.

(Ord. No. 2003-01, § 4.6.3, 3-11-2003; Ord. No. 2016-07, §§ 2, 5, 4-12-2016)

(a)

Description of district. The R1M zoning district is intended for single-family residence to preserve and enhance medium density neighborhood values.

(b)

Permitted uses. The following are permitted uses in the R1M zoning district:

(1)

Single-family dwelling units having a minimum living area of 1,100 square feet for one or two bedroom residences and 1,250 square feet for three or more bedroom residences, exclusive of garages, carports, and screened areas.

(2)

Family day care homes.

(3)

Community residential homes with six or fewer residents.

(4)

Buildings, structures or uses maintained or operated by the town.

(5)

Home occupations conducted within single-family dwelling units and operated in accordance with this chapter.

(6)

Field crops, groves, and other agricultural uses not involving retail sales.

(7)

Accessory buildings customarily used in connection with each permitted use.

(c)

Conditional uses. The following structures, buildings and uses shall be permitted only with a conditional use permit approved by the town council:

(1)

Houses of worship.

(2)

Public or semi-public facilities or structures owned or operated by the town, county, the state or the federal government.

(3)

Utility facilities, including electric transformers, gas regulator stations, telephone switching equipment, gas pipelines, transmission lines and poles.

(4)

Boathouses without living quarters.

(5)

Cemeteries.

(6)

Uses which, as determined after consideration by the planning and zoning board and approval of the town council, will not have a more adverse affect upon the public health, safety, and welfare than other permitted or conditional uses in the zoning district.

(d)

Prohibited uses. Any use not listed as a permitted or conditional use as outlined in subsections (b) and (c) of this section is considered a prohibited use.

(e)

Site development standards. The following schedule reflects the site development standards of the R1M zoning district:

Exceptions. The following exception shall apply to site development standards for this zoning district for residential uses only:

The minimum rear yard setback for a roofed screen enclosure or "screened patio or porch with metal roof" is 15 feet. A roofed screen enclosure or "screened patio or porch with metal roof" must be attached to the dwelling structure and contain a metal roof and be fully screened. The roofed screen enclosure or "screened patio or porch with metal roof" can contain an aluminum or other metal kick plate that is no more than 18 inches in height or must be completely screened to the ground. The roofed screen enclosure or "screened patio or porch with metal roof" is prohibited from ever being enclosed with any material other than screen, or utilized in any manner as living quarters.

(Ord. No. 2003-01, § 4.6.4, 3-11-2003; Ord. No. 2016-07, §§ 2, 5, 4-12-2016)

(a)

Description of district. The RA/MH residential affordable/manufactured housing zoning district is intended to encourage the construction of affordable single-family residences and to allow manufactured housing for residential use.

(b)

Permitted uses. The following are permitted uses in the RA/MH residential affordable/manufactured housing zoning district:

(1)

Single-family dwelling units having a minimum of living area of 900 square feet exclusive of garages, carports, and screened areas.

(2)

Family day care homes.

(3)

Community residential homes with six or fewer residents.

(4)

Buildings, structures or uses maintained or operated by the town.

(5)

Home occupations conducted within single-family dwelling units and operated in accordance with this chapter.

(6)

Field crops, groves and other agricultural uses not involving retail sales.

(7)

Accessory buildings customarily used in connection with each permitted use.

(c)

Conditional uses. The following structures, buildings and uses shall be permitted only with a conditional use permit approved by the town council:

(1)

Houses of worship.

(2)

Public or semi-public facilities or structures owned or operated by the town, county, the state or the federal government.

(3)

Utility facilities, including electric transformers, gas regulator stations, telephone switching equipment, gas pipelines, transmission lines and poles.

(4)

Boathouses without living quarters.

(5)

Cemeteries.

(6)

Uses which, as determined after consideration by the planning and zoning board and approval of the town council, will not have a more adverse affect upon the public health, safety, and welfare than other permitted or conditional uses in the zoning district.

(d)

Prohibited uses. Any use not listed as a permitted or conditional use as outlined in subsections (b) and (c) of this section is considered a prohibited use.

(e)

Site development standards. The following schedule reflects the site development standards of the RA/MH residential affordable/manufactured housing zoning district:

Exceptions. The following exception shall apply to site development standards for this zoning district for residential uses only:

The minimum rear yard setback for a roofed screen enclosure or "screened patio or porch with metal roof" is 15 feet. A roofed screen enclosure or "screened patio or porch with metal roof" must be attached to the dwelling structure and contain a metal roof and be fully screened. The roofed screen enclosure or "screened patio or porch with metal roof" can contain an aluminum or other metal kick plate that is no more than 18 inches in height or must be completely screened to the ground. The roofed screen enclosure or "screened patio or porch with metal roof" is prohibited from ever being enclosed with any material other than screen, or utilized in any manner as living quarters.

(Ord. No. 2003-01, § 4.6.5, 3-11-2003; Ord. No. 2016-07, §§ 2, 5, 4-12-2016)

(a)

Description of district. The R2 zoning district is intended for single-family residences and two family duplexes.

(b)

Permitted uses. The following are permitted uses in the R2 zoning district:

(1)

Single-family dwelling units having a minimum living area of 1,100 square feet for one or two bedroom residences and 1,250 square feet for three or more bedroom residences, exclusive of garages, carports, and screened areas.

(2)

Family day care homes.

(3)

Community residential homes with six or fewer residents.

(4)

Two-family dwelling units having a minimum of 700 square feet per dwelling unit, exclusive of garages, carports and screened areas.

(5)

Buildings, structures or uses maintained or operated by the town.

(6)

Home occupations conducted within single-family and two-family dwelling units and operated in accordance with this chapter.

(7)

Field crops, groves, and other agricultural uses not involving retail sales.

(8)

Accessory buildings customarily used in connection with each permitted use.

(c)

Conditional uses. The following structures, buildings and uses shall be permitted only with a conditional use permit approved by the town council:

(1)

Houses of worship.

(2)

Public or semi-public facilities or structures owned or operated by the town, county, the state or the federal government.

(3)

Home occupations conducted within duplex dwelling units and operated in accordance with this chapter.

(4)

Utility facilities, including electric transformers, gas regulator stations, telephone switching equipment, gas pipelines, transmission lines and poles.

(5)

Boathouses without living quarters.

(6)

Cemeteries.

(7)

Uses which, as determined after consideration by the planning and zoning board and approval of the town council, will not have a more adverse affect upon the public health, safety, and welfare than other permitted or conditional uses in the zoning district.

(d)

Site development standards. The following schedule reflects the site development standards of the R2 zoning district:

Exceptions. The following exception shall apply to site development standards for this zoning district for residential uses only:

The minimum rear yard setback for a roofed screen enclosure or "screened patio or porch with metal roof" is 15 feet. A roofed screen enclosure or "screened patio or porch with metal roof" must be attached to the dwelling structure and contain a metal roof and be fully screened. The roofed screen enclosure or "screened patio or porch with metal roof" can contain an aluminum or other metal kick plate that is no more than 18 inches in height or must be completely screened to the ground. The roofed screen enclosure or "screened patio or porch with metal roof" is prohibited from ever being enclosed with any material other than screen, or utilized in any manner as living quarters.

(Ord. No. 2003-01, § 4.6.6, 3-11-2003; Ord. No. 2016-07, §§ 2, 5, 4-12-2016)

(a)

Description of district. The R3 zoning district is intended to provide multiple-family housing.

(b)

Permitted uses. The following are permitted uses in the R3 zoning district:

(1)

Single-family dwelling units having a minimum living area of 1,100 square feet for one or two bedroom residences and 1,250 square feet for three or more bedroom residences, exclusive of garages, carports and screened areas.

(2)

Two-family dwelling units having a minimum of 700 square feet per dwelling unit, exclusive of garages, carports and screened areas.

(3)

Multifamily dwellings having fewer than 24 living units with at least 600 square feet of living area per unit exclusive of garages, carports and screened areas. All multifamily dwelling units must submit a site plan for approval by the town council prior to the issuance of a building permit. Projects containing greater than 24 living units must apply for a conditional use permit.

(4)

Family day care homes.

(5)

Community residential homes with six or fewer residents.

(6)

Buildings, structures or uses maintained or operated by the town.

(7)

Home occupations conducted within dwelling units and operated in accordance with this chapter.

(8)

Field crops, groves, and other agricultural uses not involving retail sales.

(9)

Accessory buildings customarily used in connection with each permitted use.

(c)

Conditional uses. The following structures, buildings and uses shall be permitted only with a conditional use permit approved by the town council:

(1)

Multifamily projects having greater than 24 living units.

(2)

Houses of worship.

(3)

Public or semi-public facilities or structures owned or operated by the town, county, the state or the federal government.

(4)

Utility facilities, including electric transformers, gas regulator stations, telephone switching equipment, gas pipelines, transmission lines and poles.

(5)

Boathouses without living quarters.

(6)

Cemeteries.

(7)

Professional offices for doctors, dentists, lawyers, surveyors, engineers, architects, counselors, optometrist, chiropractors, and accountants.

(8)

Hospitals, medical clinics, assisted living facilities and nursing homes.

(9)

Nursery schools or kindergartens, provided the outdoor play area is completely enclosed by a fence at least four feet in height.

(10)

Uses which, as determined after consideration by the planning and zoning board and approval of the town council, will not have a more adverse affect upon the public health, safety, and welfare than other permitted or conditional uses in the zoning district.

(d)

Prohibited uses. Any use not listed as a permitted or conditional use as outlined in subsections (a) through (c) of this section is considered a prohibited use.

(e)

Site development standards. The following schedule reflects the site development standards of the R3 zoning district:

Exceptions. The following exception shall apply to site development standards for this zoning district for residential uses only:

The minimum rear yard setback for a roofed screen enclosure or "screened patio or porch with metal roof" is 15 feet. A roofed screen enclosure or "screened patio or porch with metal roof" must be attached to the dwelling structure and contain a metal roof and be fully screened. The roofed screen enclosure or "screened patio or porch with metal roof" can contain an aluminum or other metal kick plate that is no more than 18 inches in height or must be completely screened to the ground. The roofed screen enclosure or "screened patio or porch with metal roof" is prohibited from ever being enclosed with any material other than screen, or utilized in any manner as living quarters.

(Ord. No. 2003-01, § 4.6.7, 3-11-2003; Ord. No. 2016-07, §§ 2, 5, 4-12-2016)

(a)

Description of district. This district is established to:

(1)

Provide for planned residential communities containing a variety of residential structures and a diversity of building arrangements, with complimentary and compatible commercial uses. Planned commercial centers with complimentary and compatible residential uses or with complimentary and compatible residential or commercial uses or both, developed in accordance with an approved final development plan.

(2)

Allow diversification of uses, structures and open spaces in a manner compatible with existing and permitted land uses on abutting properties.

(3)

Reduce improvement costs through a more efficient use of land and a smaller network of utilities and streets than is possible through the application of other zoning districts.

(4)

Ensure that development will occur according to the limitations of use, design, density, coverage and phasing stipulated on an approved final development plan.

(5)

Preserve the natural amenities and environmental assets of the land by encouraging the preservation and improvement of scenic and functional open areas.

(6)

Encourage an increase in the amount of usable open space areas by permitting a more economical and concentrated use of building areas than would be possible through conventional subdivision practices.

(7)

Provide the maximum opportunity for the application of innovative concepts of site planning in the creation of aesthetically pleasing living, shopping, and working environments on properties of adequate size, shape and location. The planned unit development district is permitted within all land use categories shown on the Future Land Use Map of the comprehensive plan.

(b)

Permitted uses. The following are permitted uses in the PUD-planned unit development zoning district:

(1)

Planned residential communities. Complimentary and compatible commercial/office uses may be included if they are compatibly within a planned unit development district. Nonresidential uses may comprise no more than 25 percent of the total land area.

(2)

Planned commercial/office center. Complimentary and compatible residential uses may be included if properly designed into the total commercial center within a planned unit development district. Residential uses may comprise no more than 25 percent of the land.

(3)

Any other private, public or semipublic uses complimentary to, and compatible with, planned residential or developments.

(4)

Family day care homes.

(5)

Community residential homes with six or fewer residents.

(c)

Site development standards. Unless modified as provided for herein, the standards of conventional zoning districts and the design standards of this LDC shall apply. Revised standards may be approved for a PUD project to encourage creative development when the development proposal demonstrates increased protection of natural resources, improved living environment or increased efficiency of service delivery.

(1)

A minimum site size of ten acres is required. For the purposes of the planned unit development, site size shall include only land above the 100-year floodplain. Division of uses shall likewise be measured by utilizing only land above the 100-year floodplain.

(2)

A single use or any combination of uses may be approved.

(3)

Site development standards shall be established for planned unit developments in order to ensure adequate levels of light, air and density to maintain and enhance locally recognized values of community appearance and design, to promote functional compatibility of uses, to promote the safe and efficient circulation of pedestrian and vehicular traffic, to provide for the orderly phasing of development and otherwise protect the public health, environment, safety and general welfare.

(4)

The criteria for establishing standards shall include:

a.

Compatibility with the zoning districts in the vicinity of subject property and with adopted town development plans and policies.

b.

The preservation of natural features and historical and environmental assets of the site.

c.

The provision of landscaped common open spaces for the leisure and recreational uses of the occupants.

d.

The adequacy of public roads, stormwater drainage facilities, utilities, public services and facilities required to serve the development.

(5)

The proposed location and arrangement of structures should not be detrimental to existing or prospective adjacent land uses or to the existing or prospective development of the neighborhood.

(d)

Approval procedures. The review outlined in chapter 6 of this LDC shall be followed for first a preliminary development plan and then a final development plan, which shall be adopted by ordinance. The two steps are designed to allow the applicant to gain review and approval of general concepts prior to the preparation of detailed plans. Subdivision plans and/or site plans are required for each separate section of the PUD. The following items must be submitted for review:

(1)

Preliminary development plan. The preliminary development plan consisting of properly identified exhibits and supporting materials, shall clearly indicate the following:

a.

The name, location map, legal description, acreage, type of planned unit development, identification of the present ownership and the developers of the project;

b.

The existing land use and the proposed development by phase of construction identifying for each phase and for the total development the proposed use, the number of dwelling units or the floor area of commercial use, the gross density and the density by number of dwelling units per net residential acre for each residential category and area. Types of residential units and densities may be mixed so long as the overall gross density conforms to the comprehensive plan;

c.

The existing topography and other features including lakes, marshes or swamps, USGS map-acceptable watercourses, soils, and a general description of the vegetation. Natural features shall be preserved and utilized when possible through careful design;

d.

The maximum height of buildings and structures requested;

e.

Applicant's proposed standards for setbacks, landscaping, buffers, parking, signs, access control and other items as necessary for all portions of the PUD;

f.

The priority and phasing of the development and the manner in which each phase of development can exist as an independent unit capable of creating an environment of sustained desirability and stability;

g.

The location of collector and arterial streets and highways proposed in the development, the general location of access points to abutting arterial streets and highways, and projected traffic generation;

h.

The proposed method of providing for all necessary road improvements, sewerage systems, water supply, stormwater management systems and fire protection;

i.

The proposed location of public uses, schools, open spaces and recreation spaces; and

j.

Identification of consultants involved in plan preparation.

(2)

Final development plan. The final development plan for portions of or the total PUD shall include the following submittals:

a.

Development report. An 8½-inch × 11-inch report with folded drawings, including the following information:

1.

A location map showing the relationship between the area proposed for development, the remainder of the area within the approved preliminary development plan and the surrounding area;

2.

The legal description and gross acreage of the area submitted for final approval;

3.

The name, location, width and layout of existing streets, including abutting arterial highways, within 200 feet of the property in question;

4.

The names, locations, right-of-way width, width of pavement of proposed streets, easements, pedestrian ways, bicycle paths and watercourses;

5.

The locations, dimensions, design elevations or renderings, and uses of all buildings and structures, including proposed property lines, utilities, plants and permanent signs; and

6.

Design data. The following information should be included in the design data:

(i)

Proposed use;

(ii)

Number of dwelling units;

(iii)

Floor area of commercial uses;

(iv)

Gross residential density;

(v)

Net residential density;

(vi)

Commercial floor area ratios;

(vii)

Building setbacks;

(viii)

Building separations;

(ix)

Maximum impervious surface lot coverage;

(x)

Height of structures;

(xi)

Distance of buildings from vehicular accessways and parking areas.

7.

The open space, recreation space and private outdoor living area;

8.

A landscaping and tree planting plan;

9.

The open and covered off-street parking areas, indicating landscaping and external lighting systems;

10.

The walls, fencing, or landscaping where required, between private and common areas, along streets or highways, drainageways, railroads and along the periphery of the development;

11.

Any refuse storage areas and methods of solid waste disposal;

12.

The treatment of street lighting, external lighting and roof-mounted equipment;

13.

The identification of the present ownership and the developers of all land included in the development; and

14.

The identification of consultants involved in plan preparation.

b.

Preliminary engineering plans, to include provisions for:

1.

Roads.

2.

Water.

3.

Sewer.

4.

Fire protection.

5.

Water management.

6.

Environmental impact when required by the town.

c.

Any covenants, conditions, restrictions, agreements and grants which govern the use, maintenance and continued protection of buildings, structures and landscaping within the planned unit development.

d.

A description of all methods and commitments to offset the impact of the project on public facilities and services, including any areas to be conveyed or dedicated, and improved for roadways, parks, parkways, playgrounds, school sites, utilities, public buildings and other similar public and public service uses.

(3)

Additional approvals. Based on the scope of the PUD project and the level of detail and scope of the final development plan, additional submittals in the form of a subdivision plat or site plan may be required for any section of the project before authorization can be given to proceed with development of that section. Procedures and submittals outlined in chapters 4, 6, and 8 of this LDC apply. Combined or concurrent reviews may be allowed as previously described.

(4)

Alterations to preliminary or final development plans. Procedures for alterations of preliminary or final development plans are as follows:

a.

Substantial proposed changes in requested uses, density, phasing or other specifications of the preliminary development plan may be permitted only upon resubmittal to the development review committee and the planning and zoning board.

b.

Substantial proposed changes in requested uses, density, phasing or other specifications of the final development plan may be permitted following review by the development review committee, the planning and zoning board and approval by the town council.

c.

Substantial changes are generally considered to be those changes that may have an impact on neighboring properties, existing residents of the PUD, the environment or public service.

(5)

Control of development following completion. The following shall be done to maintain control of developments upon completion of the final development plan:

a.

Upon the completion of the final development plan or any plans thereof, the town shall certify the completion in the official zoning map.

b.

After such certification, the use of land and the construction, modification or alteration of any buildings or structures within the planned unit development will be in accordance with the final development plan, rather than with standard provisions of the zoning regulations.

c.

After certification, no changes may be made in the approved final development plan except under the following procedures:

1.

Minor extensions, alterations or modifications of existing buildings, structures or utilities which are consistent with the purposes and intent of the final development plan may be authorized by the town's consulting planner.

2.

Uses not authorized by the final development plan may be added to the final development plan if approved by the town council, which shall hold a public hearing.

3.

A building or structure that is totally or substantially destroyed may be reconstructed only in compliance with the final development plan as approved under the provisions of this part.

(6)

Approval expiration of preliminary development plan. If a final development plan for all or part of the preliminary development plan has not been submitted within six months following the approval of the preliminary development plan, the preliminary development plan approval shall be void. Upon request by the applicant prior to expiration, the town council may review the preliminary development plan and current conditions and determine whether the approved uses are still appropriate. Following this review, the town council may take the following action:

a.

If there have been no changes in the surrounding area, the town council may extend the approval for an additional six months.

b.

If changes have occurred in the area that make the approved uses inappropriate, the town council may, after public hearing and recommendations of the planning and zoning board:

1.

Revise the preliminary development plan; or

2.

Change the zoning classification to a more appropriate district.

(7)

Approval expiration of final development plan. Construction must begin within the planned unit development within 12 months of approval of the final development plan. If construction has not begun, the final development plan approval and any vesting which may be claimed thereby shall be void. The applicant may request an extension prior to expiration. If more than one extension is requested, the matter shall be brought to the town council for a vote as to whether an extension should be granted. Construction shall be deemed to commence upon receipt of a site development permit or building permit for the development. Lapse of said site development or building permit shall constitute a termination of construction. Upon a termination of construction, construction must recommence during that portion of the 12-month period which was not exhausted prior to commencement of construction. If recommencement does not occur in a timely manner, the final development plan approval and any vesting which may be claimed thereby shall be void.

(8)

Bonds. Improvement bonds for facilities to be owned and maintained by the town shall be posted before the issuance of building permits.

(Ord. No. 2003-01, § 4.6.8, 3-11-2003; Ord. No. 2016-07, §§ 3, 5, 4-12-2016)

(a)

Description of district. The ORC zoning district is intended to allow mixture of office, residential and commercial uses.

(b)

Permitted uses. The following are permitted uses in the ORC-office/residential/commercial zoning district:

(1)

Single-family dwelling units having a minimum living area of 1,100 square feet for one or two bedroom residences and 1,250 square feet for three or more bedroom residences, exclusive of garages, carports, and screened areas.

(2)

Family day care homes.

(3)

Community residential homes with six or fewer residents.

(4)

Buildings, structures or uses maintained or operated by the town.

(5)

Home occupations conducted within single-family dwelling units and operated in accordance with this chapter.

(6)

Office.

(7)

Specialty retail.

(c)

Conditional uses. The following structures, buildings and uses shall be permitted only with a conditional use permit approved by the town council:

(1)

Houses of worship.

(2)

Office development (requires site plan approval).

(3)

Commercial development (requires site plan approval).

(4)

Public or semi-public facilities or structures owned or operated by the town, county, the state or the federal government.

(5)

Utility facilities, including electric transformers, gas regulator stations, telephone switching equipment, gas pipelines, transmission lines and poles.

(6)

Boathouses without living quarters.

(7)

Cemeteries.

(8)

Uses which, as determined after consideration by the planning and zoning board and approval of the town council, will not have a more adverse affect upon the public health, safety, and welfare than other permitted or conditional uses in the zoning district.

(d)

Prohibited uses. Any use not listed as a permitted or conditional use as outlined in subsections (a) through (c) of this section is considered a prohibited use.

(e)

Site development standards. The following schedule reflects the site development standards of the ORC zoning district:

Exceptions. The following exception shall apply to site development standards for this zoning district for residential uses only:

The minimum rear yard setback for a roofed screen enclosure or "screened patio or porch with metal roof" is 15 feet. A roofed screen enclosure or "screened patio or porch with metal roof" must be attached to the dwelling structure and contain a metal roof and be fully screened. The roofed screen enclosure or "screened patio or porch with metal roof" can contain an aluminum or other metal kick plate that is no more than 18 inches in height or must be completely screened to the ground. The roofed screen enclosure or "screened patio or porch with metal roof" is prohibited from ever being enclosed with any material other than screen, or utilized in any manner as living quarters.

(Ord. No. 2003-01, § 4.6.9, 3-11-2003; Ord. No. 2016-07, §§ 2, 5, 4-12-2016)

(a)

Description of district. The C1 zoning district is intended to provide for retail sales and services within the community.

(b)

Permitted uses. The following are permitted uses in the ORC-office/residential/commercial zoning district:

(1)

Retail sales or service businesses, including any business selling goods for resale.

(2)

Personal service establishments including, but not limited to, beauty shops; barbershops; tailor or dressmaker shops; shoe repair shops; music, dance, and photography studios; laundries and dry cleaning establishments.

(3)

Professional offices including, but not limited to, banks, savings and loan associations, finance companies, insurance and real estate offices, and lodges and clubs.

(4)

Gas stations and car washes.

(5)

Recreation facilities, including theatres, bowling alleys, skating and roller rinks, miniature golf courses, driving ranges, and tourist attractions.

(6)

Hotels, motels, restaurants, bed and breakfasts, and related businesses and services.

(7)

Hospitals, medical clinics, nursing homes, funeral homes, and houses of worship.

(8)

Buildings, structures, or uses maintained or operated by the town.

(9)

All uses permitted in the R-1 zone, provided such uses shall be governed by the regulations of the R-1 zoning district.

(10)

A site plan for each use in subsections (b)(1) through (b)(7) of this section must be approved by the town council prior to issuance of a building permit.

(11)

Outdoor storage areas must be screened from adjacent property and the nearest public streets.

(c)

Conditional uses. The following structures, buildings and uses shall be permitted only with a conditional use permit approved by the town council:

(1)

Manufacturing businesses that employ ten or fewer persons, excluding the following businesses that:

a.

Produce or manufacture chemicals of any kind.

b.

Emit, smoke, fumes, odor, or outside the property boundaries.

c.

Discharge pollutants or contaminants of any kind.

d.

Produce noise that is audible to the human ear at a distance of 300 feet from the front property line of the business.

(2)

Storage warehouses used exclusively for storing personal property generally kept in residential accessory buildings. Storage of flammable materials or chemicals, waste products, or pollutants of any kind are expressly prohibited.

(3)

Any type of LP, petroleum or storage tanks or storage facilities for LP or petroleum products.

(4)

Shopping centers consisting of a group of five or more businesses with shared parking in which the total land area of the development exceeds five acres.

(5)

Public or semi-public facilities or structures operated and maintained by the town, county, the state or the federal government.

(6)

Utility facilities, including electric transformers, gas regulator stations, telephone switching equipment, gas pipelines, and utility transmission lines and poles.

(7)

Nursery schools, kindergartens and child care centers, provided the outdoor play area shall be enclosed by a fence at least four feet high.

(8)

Uses which, as determined after consideration by the planning and zoning board and approved by the town council, will not have a more adverse affect upon the public health safety, and welfare than the permitted uses specifically provided above.

(9)

A site plan must be approved by the town council for each conditional use prior to the issuance of any building permit.

(10)

Outdoor storage areas shall be completely screened from adjacent property and the nearest public streets.

(d)

Site development standards. The following setbacks will apply within the C1 district with the exception of preexisting buildings and vacant lots as outlined in subsection (e) of this section.

(e)

Exceptions. The following exceptions shall apply to site development standards for the C1 zoning district.

(1)

Preexisting buildings. Preexisting buildings are grandfathered in. If said buildings are destroyed or demolished, the owner has the option of rebuilding the building at the exact same setbacks even if those setbacks do not meet current setback requirements.

(2)

Vacant lots. Owners of vacant lots may build new buildings with front yard setbacks that align with the preexisting grandfathered buildings on either side of them, as to produce a pleasing alignment even if said setbacks do not meet current setback requirements. However, the front yard setback shall be no less than ten feet. Side yard setbacks, however, on interior lots must meet current setback requirements unless a variance is granted.

(Ord. No. 2003-01, § 4.6.10, 3-11-2003; Ord. No. 2016-07, § 5, 4-12-2016)

(a)

Description of district. The PF zoning district is designed to allow the construction of public facilities (i.e., municipal buildings, schools, etc.) within a specific zoning district.

(b)

Permitted uses. The following are permitted uses in the PF zoning district:

(1)

Public facilities or structures owned or operated by the town, county, the state or the federal government.

(2)

Buildings, structures or uses maintained or operated by the town.

(3)

Classrooms, auditoriums, dormitories, gymnasiums, laboratories, cafeterias, athletic fields, administration buildings, libraries, and other buildings or structures incidental to or related to the operation and maintenance of a school.

(4)

Utility facilities, including electric transformers, gas regulator stations, telephone switching equipment, gas pipelines, transmission lines and poles.

(5)

Accessory buildings and structures customarily used in connection with any permitted use.

(6)

Conex boxes and similar temporary storage containers/units are allowable as a permanent use in the public facilities zoning district only.

(c)

Conditional uses. The following structures, buildings and uses shall be permitted only with a conditional use permit approved by the town council:

(1)

Houses of worship.

(2)

Cemeteries.

(3)

Uses which, as determined after consideration by the planning and zoning board and approval of the town council, will not have a more adverse affect upon the public health, safety, and welfare than other permitted or conditional uses in the zoning district.

(d)

Site development standards. The following are the minimum lot, height, and yard requirements in the PF zoning district:

(Ord. No. 2003-01, § 4.6.11, 3-11-2003; Ord. No. 2016-07, § 5, 4-12-2016; Ord. No. 2024-100, § 2, 5-14-2024)

(a)

Description of district. The CON zoning district is designed to provide green, undeveloped areas and to protect floodplains, wetlands, natural resources, and agricultural uses. Areas of the town in which this category is most appropriate are designated as "conservation" on the future land use map of the comprehensive plan; however, this district is also permitted within all other land use designations.

(b)

Permitted uses. The following are permitted uses in the CON zoning district:

(1)

Groves and farms.

(2)

Swamps, wetlands and forests.

(3)

Private and public gardens.

(4)

Pastures.

(5)

Nature preserves.

(c)

Conditional uses. The following structures, buildings and uses shall be permitted only with a conditional use permit approved by the town council:

(1)

Private and public parks.

(2)

Single-family homes and customary accessory uses.

(3)

Golf courses.

(4)

Retail or wholesale plant production, nurseries, and greenhouses.

(5)

Fishing clubs and marinas.

(6)

Environmental study centers.

(7)

Riding stables.

(8)

Public utility and service facilities.

(9)

Cemeteries.

(10)

Houses of worship.

(d)

Site development standards. The following are the minimum lot, height, and yard requirements in the CON district:

*If allowed by comprehensive plan.

(Ord. No. 2003-01, § 4.6.12, 3-11-2003)

(a)

Description of district. The U zoning district is designed to allow the construction of municipal or private utilities.

(b)

Permitted uses. The following are permitted uses in the U zoning district:

(1)

Utility facilities, including electric transformers, gas regulator stations, telephone switching equipment, gas pipelines, transmission lines and poles.

(2)

Accessory buildings and structures customarily used in connection with any permitted use.

(c)

Conditional uses. The following structures, buildings and uses shall be permitted only with a conditional use permit approved by the town council:

(1)

Uses which, as determined after consideration by the planning and zoning board and approval of the town council, will not have a more adverse affect upon the public health, safety and welfare than other permitted or conditional uses in the zoning district.

(2)

Power-generating stations.

(3)

Any type of gas, propane or LP storage facility.

(d)

Site plan review. The minimum lot, height and yard requirements in the U-Utility Zoning District will be set at the time of site plan review and will be based on the type of use proposed for the site.

(Ord. No. 2003-01, § 4.6.13, 3-11-2003; Ord. No. 2016-07, § 5, 4-12-2016)

(a)

Description of district. The commercial district 2—special commercial district including adult entertainment (C2) zoning district is intended to provide all the same uses described in C1 but includes adult entertainment.

(b)

Permitted uses. The following are permitted uses in the C2 district:

(1)

Retail sales or service businesses, including any business selling goods for resale.

(2)

Personal service establishments including, but not limited to, beauty shops; barbershops; tailor or dressmaker shops; shoe repair shops; music, dance, and photography studios; laundries and dry cleaning establishments.

(3)

Professional offices including, but not limited to, banks, savings and loan associations, finance companies, insurance and real estate offices, and lodges and clubs.

(4)

Gas stations and car washes.

(5)

Recreation facilities, including theatres, bowling alleys, skating and roller rinks, miniature golf courses, driving ranges, and tourist attractions.

(6)

Hotels, motels, restaurants, bed and breakfasts, and related businesses and services.

(7)

Hospitals, medical clinics, nursing homes, funeral homes, and houses of worship.

(8)

Adult entertainment as defined and regulated in chapter 19, Town of Montverde Code of Ordinances.

(9)

Buildings, structures, or uses maintained or operated by the town.

(10)

All uses permitted in the R-1 zone, provided such uses shall be governed by the regulations of the R-1 zoning district.

(11)

A site plan for each use in subsections (b)(1) through (b)(9) of this section must be approved by the town council prior to issuance of a building permit.

(12)

Outdoor storage areas must be screened from adjacent property and the nearest public streets.

(c)

Conditional uses. The following structures, buildings and uses shall be permitted only with a conditional use permit approved by the town council:

(1)

Manufacturing businesses that employ ten or fewer persons, excluding the following businesses that:

a.

Produce or manufacture chemicals of any kind.

b.

Emit, smoke, fumes, odor, or outside the property boundaries.

c.

Discharge pollutants or contaminants of any kind.

d.

Produce noise that is audible to the human ear at a distance of 300 feet from the front property line of the business.

(2)

Storage warehouses used exclusively for storing personal property generally kept in residential accessory buildings. Storage of flammable materials or chemicals, waste products, or pollutants of any kind is expressly prohibited.

(3)

Any type of LP, petroleum or storage tanks or storage facilities for LP or petroleum products.

(4)

Shopping centers consisting of a group of five or more businesses with shared parking in which the total land area of the development exceeds five acres.

(5)

Public or semi-public facilities or structures operated and maintained by the town, county, the state or the federal government.

(6)

Utility facilities, including electric transformers, gas regulator stations, telephone switching equipment, gas pipelines. and utility transmission lines and poles.

(7)

Nursery schools, kindergartens and child care centers, provided the outdoor play area shall be enclosed by a fence at least four feet high.

(8)

Uses which, as determined after consideration by the planning and zoning board and approved by the town council, will not have a more adverse effect upon the public health safety, and welfare than the permitted uses specifically provided above.

(9)

A site plan must be approved by the town council for each conditional use prior to the issuance of any building permit.

(10)

Outdoor storage areas shall be completely screened from adjacent property and the nearest public streets.

(d)

Site development standards. The following setbacks will apply within the C2 district with the exception of preexisting buildings and vacant lots as outlined in subsection (e) of this section.

(e)

Exceptions. The following exceptions shall apply to site development standards for the C2 zoning district.

(1)

Preexisting buildings. Preexisting buildings are grandfathered in. If said buildings are destroyed or demolished, the owner has the option of rebuilding the building at the exact same setbacks even if those setbacks do not meet current setback requirements.

(2)

Vacant lots. Owners of vacant lots may build new buildings with front yard setbacks that align with the preexisting grandfathered buildings on either side of them, as to produce a pleasing alignment even if said setbacks do not meet current setback requirements. However, the front yard setback shall be no less than ten feet. Side yard setbacks, however, on interior lots must meet current setback requirements unless a variance is granted.

(Ord. No. 2015-02, § 4, 3-10-2015; Ord. No. 2016-07, §§ 4, 5, 4-12-2016)