The Multifamily Residential District (R-2) is composed of certain quiet residential areas plus certain open areas. The regulations for this district are designed to stabilize and protect the essential characteristics of the district, to promote and encourage a suitable environment for family life where there are children. To these ends development is of a relatively high concentration and permitted uses include multiple-unit dwellings and apartments. This district is basically residential in character. It is the further intent of this district to promote economical and efficient land use, appropriate and harmonious variety in physical development, creative design, and a better environment, as recommended by the town plan, by providing for clustering of townhouse, garden style and multifamily apartment dwelling units through open space designation.

(Code 1989, § 24-23; Ord. eff. 6-5-1962; Ord. of 3-24-1997; Amd. of 7-14-1997)

The following uses and structures are permitted withing the Multifamily Residential District (R-2):

(1)

Townhouse dwellings.

(2)

Garden style dwellings.

(3)

Multifamily apartment dwellings.

(4)

Accessory buildings.

(5)

Home occupations, provided that:

a.

No person other than members of the family residing on the premises shall be engaged in such occupation.

b.

The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 25 percent of the floor area of the dwelling unit, or 25 percent of said floor area if conducted in an accessory building, shall be used in the conduct of the home occupation.

c.

There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one sign, not exceeding four square feet in area, non-illuminated.

d.

There shall be no sales to the general public other than items handcrafted or improved on the premises. Items purchased for resale on the premises are considered retail business and not allowed as a home occupation.

e.

No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in the front yard.

f.

No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single-family dwelling, or outside the dwelling unit, if conducted in other than a single-family dwelling. In the case of the electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or televisions receivers off the premises, or causes fluctuations in line voltage off the premises.

(6)

Public utilities. Poles, distribution lines, distribution transformers, pipes, meters and other facilities necessary for the provision and maintenance of public utilities, including water and sewerage facilities. Transmission lines, transmission towers and electrical substations are not deemed necessary facilities under this section.

(Code 1989, § 24-24; Ord. eff. 6-5-1962; Ord. of 3-24-1997; Amd. of 7-14-1997)

The following area regulations shall apply in the Multifamily Residential District (R-2):

(1)

Townhouse dwellings. For residential lots, the minimum lot area shall be 16,000 square feet.

(2)

Multifamily apartment dwellings. For residential lots containing or intending to contain a multifamily apartment dwelling with six dwelling units, the minimum lot area shall be 20,000 square feet.

(Code 1989, § 24-25; Ord. eff. 6-5-1962; Ord. of 3-24-1997; Amd. of 7-14-1997)

The following setback regulations shall apply in the Multifamily Residential District (R-2):

(1)

Buildings shall be located 35 feet or more from any street right-of-way. When a structure is to be built in an area where there are existing structures, the minimum setback may be waived by the zoning administrator to allow the setback line to be the average setback of the structures fronting on either side.

(2)

Accessory buildings shall be located 35 feet or more from any street right-of-way. When a structure is to be built in an area where there are existing structures, the minimum setback may be waived by the zoning administrator to allow the setback line to be the average setback of the structures fronting on either side.

(Code 1989, § 24-26; Ord. eff. 6-5-1962; Ord. of 3-24-1997; Amd. of 7-14-1997)

The following frontage regulations shall apply in the Multifamily Residential District (R-2):

(1)

Townhouse dwellings. For townhouse dwellings with four dwelling units there shall be a minimum lot width at the setback line of 100 feet and a minimum frontage on a public street of 100 feet. All lots shall front on a public street to be used for any uses permitted in this district.

(2)

Multifamily apartment dwellings. For multifamily apartment dwellings with six dwelling units there shall be a minimum lot width at the setback line of 120 feet and a minimum frontage on a public street of 120 feet. All lots shall front on a public street to be used for any uses permitted in this district.

(Code 1989, § 24-27; Ord. eff. 6-5-1962; Ord. of 3-24-1997; Amd. of 7-14-1997)

The following yard regulations shall apply in the Multifamily Residential District (R-2):

(1)

Main buildings.

a.

Side. The minimum side yard shall be ten feet and the total width of the two required side yards shall be 25 feet or more.

b.

Rear. Each main building shall have a rear yard of 25 feet or more.

c.

Buildings. Each main building shall have a setback from the street 35 feet.

(2)

Accessory buildings.

a.

Side. The minimum side yard shall be three feet.

b.

Rear. Each accessory building shall have a rear yard of three feet or more.

(3)

Fence regulations.

a.

All fences may be erected to within inch of the property line except that a fence or wall must be two feet from any sidewalk, alley or public right-of-way.

b.

All fences closer to the front lot line than a point even with the front of the main structure shall have a maximum height of four feet.

c.

All fences closer to the front lot line than a point even with the front of the main structure shall be at least 30 percent open space.

(Code 1989, § 24-28; Ord. eff. 6-5-1962; Ord. of 3-24-1997; Amd. of 7-14-1997; Amd. of 1-10-2000; Amd. of 5-22-2000)

Buildings in the Multifamily Residential District (R-2) may be erected up to 2 ½ stories and 35 feet in height, except that:

(1)

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

(2)

No accessory building which is within ten feet of any part of a lot line shall be more than one story high. All accessory buildings shall be less that the main buildings in height.

(Code 1989, § 24-29; Ord. eff. 6-5-1962; Ord. of 3-24-1997; Amd. of 7-14-1997)

The following provisions shall apply to corner lots in the Multifamily Residential District (R-2):

(1)

Of the two sides of a corner lot the front shall be deemed to be the shortest of the two sides fronting on streets with frontage setback line, side yard and rear yard requirements to be determined accordingly.

(2)

The side yard on the side facing the side street shall be ten feet or more for both main and accessory building. Television antennas, including satellite dish antennas and other types of communications antennas and/or towers and similar structures shall not be closer to the side street than the minimum side yard line or the portion of the main structure, not including porches, nearest to the side street, whichever is the greatest distance.

(3)

All fences in side yard exceeding four feet in height closer to the side street than the main structure shall require a special use permit, as set out in article XV of this chapter, from the town council. All property owners contiguous to the applicant's property or immediately across any street abutting the applicant's property shall be notified of the public hearing by certified mail mailed at least ten days prior to the public hearing to the last known address as shown on the town's real estate tax records.

(Code 1989, § 24-30; Ord. eff. 6-5-1962; Ord. of 3-24-1997; Amd. of 7-14-1997; Amd. of 5-22-2000)