(a)

Application of regulations. Except as provided in this section:

(1)

Use. No building or land shall hereafter be used or occupied and no building or part thereof shall be erected, constructed, moved, or altered except in conformity with the regulations specified in this chapter for the district in which it is or is to be located.

(2)

Building heights. No building shall hereafter be erected, constructed, or altered so as to exceed the height limit specified in the regulations in this chapter for the district in which it is located.

(3)

Building living area. No building shall hereafter be erected, constructed, or altered so as to have less than the square feet of living area specified in the regulations in this chapter for the district in which it is located.

(4)

Lots. No lot, even though it may consist of one or more adjacent lots of record, shall be reduced in size below the requirements of this chapter.

(5)

Yards. No part of a yard or other open space required for any building for the purpose of complying with the provisions of this chapter shall be included as part of a yard or other open space similarly required for another building.

(6)

Wetlands. Environmentally sensitive wetlands shall be protected through permitting development density of no greater than one unit per five acres in these areas and requiring that the total number of approved units be clustered on the least sensitive portion of the land parcel.

(7)

Wetland buffer. A 25-foot buffer of vegetation, native to the site, shall be required for developments located adjacent to wetlands.

(8)

Conservation land buffer. A 75-foot upland vegetated buffer shall be required between lands designated as Conservation and all other land uses. Maintenance of the 75-foot buffer zone, including mowing, is permitted.

(9)

Lakefront and other water bodies buffer. A 75-foot buffer from lakes and other surface waters will be required for all new construction within the town. Maintenance of the 75-foot buffer zone, including mowing, is permitted.

(b)

Rules for determining boundaries. Where uncertainty exists with respect to the boundaries of any of the aforesaid districts as shown on the official zoning map, the following rules shall apply:

(1)

Unless otherwise indicated, the district boundaries are indicated as approximately following property lines, land lot lines, centerlines of streets, highways, alleys, or railroads, shorelines of streams, reservoirs, or other bodies of water, or civil boundaries, and they shall be construed to follow such lines.

(2)

Where a district boundary line as appearing on the official zoning map divides a lot which is in single ownership at the time of the enactment of this chapter, the use classification of a larger portion may be extended to the remainder by the zoning officer without recourse to amendment procedure.

(3)

In case the exact location of a boundary cannot be determined by the foregoing methods, the town council shall, upon application, determine the location of the boundary.

(c)

Access requirements to public streets. Access to public streets shall be maintained in accordance with the following requirements:

(1)

Each principal use shall be placed on a lot or parcel which provides frontage on a public street or private easement having a right-of-way or easement of not less than 20 feet.

(2)

Access to all parcels must meet the standards established in the town's adopted access and internal circulation ordinance.

(d)

Nonconforming building and uses. It is the intent of this chapter to recognize that the elimination of existing buildings and structures or uses that are not in conformance with the provisions of this chapter is desirable to promote orderly and compatible development. It is also the intent of this chapter to administer the elimination of nonconforming uses, buildings, and structures so as to avoid any unreasonable invasion of established private property rights.

Therefore, any structure or use of land existing at the time of the enactment of this chapter, and amendments thereto, but not in conformity with its use regulations and provisions, may be continued subject to the following provisions:

(1)

Unsafe structures. Any structure or portion thereof declared unsafe by an authority may be restored to a safe condition provided the requirements in this section are met.

(2)

Extension. A nonconforming use of a building or buildings shall not be extended to include either additional buildings, floor area or land after the effective date of the ordinance from which this chapter is derived.

(3)

Use. Additional nonconforming uses shall not be permitted.

(4)

Restoration of damaged buildings. A nonconforming building, structure or improvement which is hereafter damaged or destroyed to an extent exceeding 50 percent of the reasonable estimated replacement cost of the structure, building or improvement may not be reconstructed or restored to the same nonconforming use except upon approval of the town council.

(5)

Discontinuance. A nonconforming use which became such by the adoption of the ordinance from which this chapter is derived and which has been discontinued for a continuous period of six months shall not be reestablished and any future use shall be in conformity with the provisions of this chapter.

(6)

Lots of record. Where a lot of record established prior to this chapter does not conform to the dimensional requirements contained in this chapter, the lot may be used for a single-family dwelling if the district permits such use. For the use of a nonconforming lot for other than single-family purposes, the owner must apply for a variance from the town council.

(e)

Off-street automobile parking.

(1)

Off-street automobile storage or parking space shall be provided on every lot on which any permitted or conditional use is established in accordance with this chapter.

(2)

The term "off-street parking space" shall mean a space at least nine feet wide and 20 feet in length with a minimum net area of 180 square feet, excluding area for egress and ingress and maneuverability of vehicles.

(3)

Off-street parking existing at the effective date of the ordinance from which this chapter is derived, in connection with the operation of an existing building or use, shall not be reduced to an amount less than hereinafter required for a similar new building or use.

(Ord. No. 2015-06, § 11, 2-9-2016)