(a)

Responsible enforcement entity. The Town Council shall be responsible for enforcing the provisions of this article. Any criminal enforcement shall be by the issuance of a complaint and summons to municipal court by a peace officer.

(b)

Authorization for inspections. The Town may enter any building, structure, real property or premises to ensure compliance with the provisions of this Code. Such inspections shall be carried out during normal business hours unless the Town Manager, zoning enforcement officer or Code enforcement officer determines that there is an emergency.

(c)

Violations and enforcement procedures.

(1)

Violations. It shall be unlawful to violate any provision of this Code.

(2)

Specific activities violating this Code. It shall be a violation of this Code to undertake any of the following activities:

a.

Activities inconsistent with Code. Erecting, constructing, reconstructing, remodeling, altering, maintaining, expanding, demolishing, moving or using any building, structure or sign, or engaging in development or subdivision of any land in contravention of any zoning, subdivision, sign or other regulation of this Code, including terms and conditions of all required approvals.

b.

Land-disturbing activities inconsistent with Code. Excavating, grading, cutting, clearing or undertaking any other land disturbance activity contrary to the provisions of this Code or without first obtaining all requisite land use approvals required by this Code or other applicable regulations.

c.

Nonconforming uses or structures inconsistent with Code. Creating, expanding, replacing or changing a nonconforming use, structure, lot or sign, except in compliance with this Code.

d.

Making lots or setbacks nonconforming. Reducing or diminishing the lot area, setbacks or open space below the minimum required by this Code.

e.

Increasing intensity of use. Increasing the intensity of use of any land or structure, except in accordance with the procedural and substantive standards of this Code.

f.

Activities inconsistent with permit. Engaging in any development, use, construction, remodeling or other activity of any nature in any way inconsistent with the terms and conditions of any permit, approval or other form of authorization required to engage in such activity.

g.

Activities inconsistent with conditions of approval. Failing to comply with any terms, conditions or limitations placed by the Town upon any final development Plan, subdivision plat, permit or other form of approval by the Town.

h.

Agreements to convey. Making any agreement to convey or conveyance of any lot or undivided parcel of land, contrary to the provisions of this Code or prior to approval of a final plat by the Town; it shall be a separate violation for each lot or parcel of land sold or agreed to be sold.

i.

Activities inconsistent with order of Town. Failing to comply with any stop work order, abatement order or any other order issued by the Town pursuant to this Code.

(3)

Separate violations. Any person who violates or causes the violation of any of the provisions of this Code shall be guilty of a separate offense for every day or portion thereof during which a violation is committed, permitted or continues.

(4)

Remedies and enforcement powers. Violations of this Code may be enforced in the municipal court or any other court with jurisdiction by any appropriate equitable action, by abatement, by issuance of stop work orders, by injunction and restraining order, by revoking any permits or approvals issued and by assessing any amounts due or delinquent fines as taxes. Any one (1), all or any combination of the foregoing penalties and remedies may be used to enforce this Code. In addition, the Town shall have the following civil remedies and powers to enforce this Code:

a.

Notice of violation and corrective action order.

1.

Nonemergency violations. In the case of violations of this Code that do not constitute an emergency or require immediate attention, written notice of the nature of the violation and required corrective action to be taken shall be given by the Town to the owner, occupant, applicant for any relevant permit, person in charge of construction or other work on the property or any other person in possession of or involved in the illegal activity on the property. Notice shall be given in person, by certified U.S. mail, return receipt requested, or by posting notice on the premises. The notice shall specify the Code provisions allegedly in violation and shall state that the individual has a period of thirty (30) days from the date of the receipt of the notice in which to correct the alleged violations before further enforcement action shall be taken.

2.

Emergency violations. In the case of violations of this Code that constitute an emergency as a result of safety or public concerns or violations that will create increased problems or costs if not remedied immediately, the Town may use the enforcement powers available under this Code without prior notice, but shall attempt to give notice simultaneously with beginning enforcement action or as soon thereafter as practicable. Notice may be provided to the property owner, agent, occupant or the applicant for any relevant permit. In addition, the Town may proceed to abate the danger and assess the costs therefor as a lien on the property and certified to the county treasurer, to be collected with the taxes on the property.

3.

Extension of time for correction. The Town Council may grant an extension of the time to cure an alleged violation, up to a total of ninety (90) days, if the Town Council finds that, due to the nature of the alleged violation, it reasonably appears that it cannot be corrected within thirty (30) days.

b.

Deny/withhold approvals or permits. The Town may deny and withhold all approvals, permits, certificates or other authorization to use or develop any land, structure or improvements thereon until the alleged violation related to such property, use or development is corrected. This provision shall apply whether or not the current owner or applicant for the permit is responsible for the violation.

Where a property owner, agent or other person has a record of an outstanding violation of this Code, the Town shall be authorized to deny or withhold all permits, certificates of occupancy or other forms of authorization for any use or development activity undertaken by such person until all outstanding violations are corrected. This provision shall apply whether or not the property for which the permit or other approval is sought is the property in violation.

The denial or withholding of a permit by the Town may be appealed to the BOA in accordance with Section 16.9.50 of this Article.

c.

Revocation of permits.

1.

Public hearing required. The Town Council may revoke any development permit, building permit, certificate or other authorization after notice and a public hearing, for violation of this Code.

2.

Reconsideration of revocation. The applicant may request a public hearing for reconsideration of the Town's revocation.

3.

Notice of public hearing. The public hearing on the reconsideration of revocation shall be conducted during a regular or special meeting of the Town Council not less than seven (7) days nor more than twenty-one (21) days from the date the notice of the hearing is given. Notice of hearing shall be deemed given to the owner, the owner's agent or other person to whom the development permit was issued, upon deposit of said notice in the U.S. mail, by certified mail, return receipt requested, addressed to the last known address of said person. Additional methods of service may also be utilized to give notice of the public hearing.

4.

Findings. Following the public hearing, the Town Council shall reinstate the permit revoked unless it finds any of the following:

a)

There is a departure from the approved Plans, specifications or conditions of approval;

b)

There is a violation of any provision of this Code;

c)

The development permit was obtained by false representation; or

d)

The development permit was issued in error.

5.

Notice of revocation. Written notice of the findings shall be served upon the owner, the owner's agent, applicant or other person to whom the permit was issued by certified mail, return receipt requested, or such notice may be posted in a prominent location at the place of the violation. No work, construction or use of the property shall proceed after service of the findings.

d.

Stop work order.

1.

Issuance of stop work order. The Town may issue a written order to stop work on any property on which there is an uncorrected violation of either a provision of this Code or a provision of a land use approval or development permit, building permit or other form of authorization. The stop work order shall specify the Code provisions allegedly in violation. Service of the order shall be given in person, by certified U.S. mail, return receipt requested, or by posting notice on the premises. After any such order has been served, no work shall proceed on any building, other structure or tract of land covered by such order except to correct such violation or comply with the order. The notice shall also state any appeal and/or variance procedures available pursuant to this Code.

2.

Timing/notice. The stop work order may be issued in conjunction with a notice of violation or subsequent to such notice. The stop work order may also specify a shorter time for correction of the violation if the Town determines that a shorter time is necessary to protect the health, welfare or safety of people or property in the Town. It shall be unlawful to violate the terms of a stop work order.

e.

Abatement or injunctive relief. In addition to any other remedy, the Town Council may initiate injunction or abatement proceedings or other appropriate legal action in the municipal court or other court of competent jurisdiction to abate, remove or enjoin such violation and to recover damages, costs and reasonable attorney's fees incurred in the abatement and removal of such violation.

(5)

Persons responsible. The owner, tenant or occupant of any building or land or part thereof, as well as any architect, builder, contractor, agent or other person who participates in, assists, directs, creates or maintains any situation that is contrary to the requirements of this Code, may be held responsible for the violation and suffer the penalties and be subject to the remedies herein provided.

(6)

Remedies cumulative. The remedies provided for violations of this Code, whether civil or criminal, shall be cumulative and in addition to any other remedy provided by law or equity and may be exercised in any order. Each twenty-four (24)-hour period or portion thereof is considered a separate violation under this Code.

(7)

Continuation of prior enforcement actions. Nothing in this Code shall prohibit the continuation of previous enforcement actions undertaken by the Town pursuant to previous regulations.

(8)

Appeals of enforcement actions. Appeals of any order, requirement, decision or determination made by an administrative official in the enforcement of this Code shall be made to the BOA in accordance with this Code.

(9)

Liability of Town. This Code shall not be construed to hold the Town responsible for any damages to persons or property by reason of the inspection or reinspection or failure to inspect or reinspect, by reason of issuing a building permit or by reason of pursuing or failing to pursue an action for injunctive relief.

(10)

Violations. Violations of this Code may be enforced in the municipal court or any other court with jurisdiction, by any appropriate equitable action, by abatement, by issuance of stop work orders, by injunction and restraining order, by revoking any permits or approvals issued and by assessing any amounts due or delinquent fines as taxes. Any one (1) or any combination of the foregoing penalties and remedies may be used to enforce this Code.

(11)

Penalty. Failure to comply with all of the provisions of this Code shall constitute a misdemeanor and, upon conviction, is punishable by a fine of three hundred dollars ($300.00) or imprisonment for a period of not more than ninety (90) days, or both. Each day that such violation continues to exist shall be considered a separate offense.

(12)

Costs and attorney's fees for enforcement for abatement to be paid to the Town. Costs and attorney's fees associated with said abatement shall be charged to the owner of the property on which said violation has occurred and any other person responsible for the violation, as defined in this Code. The cost of abating a violation of this Code shall include all direct and indirect costs of such abatement plus the costs of collection and interest at the rate of one percent (1%) per month. Notice of the bill for abatement of the violation shall be mailed to the last known address of said property owner by certified mail and shall be payable within thirty (30) calendar days from the receipt thereof. If all of such costs are not paid within thirty (30) days of the notice, such costs may be made a lien on the property and certified to the county treasurer and collected with the taxes on the property.

(Ord. 2021-08 §2)

(a)

Permit required. All home-based businesses shall require a permit issued by the Town Manager or designee according to the following:

(1)

An application form and support materials shall be submitted to the Planning department;

(2)

A permit may be approved by the Town Manager or designee upon a finding that all standards in this Section are met, and the Town Manager or designee may require any additional conditions or limitations on the permit to ensure that the standards continue to be met;

(3)

A permit shall be valid for as long as the home-based business holds a valid business license issued by the Town, except that the permit may be revoked as provided in subsection (c) of this Section regardless of the status of the business license;

(4)

A permit is valid only for the original applicant, and is not transferable to another person or to another location; and

(5)

A home-based business shall not be eligible for a Town-issued business license until a permit is approved. Upon approval of the permit, the applicant shall apply for and obtain a Town-issued business license for the home-based business. Operation of the home-based business shall not commence until the applicant has obtained a Town-issued business license.

(b)

Standards. A home-based business may be accessory to a primary residential use on the lot and shall meet all of the following standards:

(1)

In addition to the family occupying the dwelling containing the homebased business, there shall not be more than one (1) outside employee working at the site of the home-based business.

(2)

The home-based business shall not exceed one thousand (1,000) square feet or thirty percent (30%) of the total floor area of the dwelling, whichever is less, or can be located in an accessory building not to exceed five hundred (500) square feet. The home-based business shall be conducted entirely within the dwelling or designated accessory building, except as required for state-licensed family child care homes.

(3)

The home-based business shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes and must not change the residential character thereof.

(4)

There shall be no change in the outside appearance of the building or premises or other visible evidence of the conduct of such home-based business, including advertising signs larger than two (2) square feet in total size. No other displays or advertising that solicit or direct persons to the address other than the single sign limited to two (2) square feet in total area are permitted.

(5)

There must be no exterior storage on the premises of material or equipment used as a part of the home-based business unless it is enclosed and lot coverage requirements for accessory uses are met.

(6)

No equipment or process shall be used in such home-based business that creates any glare, fumes, odors or other objectionable conditions 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.

(7)

The following uses, because of their tendency to go beyond the limits permitted for home-based businesses and thereby impair the use and value of the residential area, shall not be permitted as home-based businesses: medical marijuana center, medical marijuana optional premises cultivation operation, medical marijuana-infused products manufacturing; auto repair or motorized implement repair; dance, music or other types of instruction (if more than four (4) students are instructed at one (1) time); the painting of vehicles, trailers or boats; private schools with organized classes; welding shops; nursing homes and any retail or wholesale sales to consumers upon the premises not incidental to the home-based business (e.g., hair care products at a hair stylist).

(8)

All exterior aspects of the home-based business operation shall not disrupt the residential character of the area.

(9)

No traffic, services, or deliveries shall be generated by the home occupation that is abnormal to a residential neighborhood. In general, this shall be limited to:

a.

No more than one (1) customer vehicle parked at the property at a time, except for drop-off and pick-up of children for childcare or instruction.

b.

No more than ten (10) client visits per week, except for drop-off and pick-up of children for childcare or instruction.

c.

Delivery of products or materials is limited to that normally associated with residential purposes.

d.

All parking necessary for the use shall meet the neighborhood design standards, and be confined to the garage, driveway, or street directly in front of the dwelling.

(10)

The property shall comply with all Town building codes and property maintenance standards.

(11)

Use of utilities shall be limited to that typically associated with residential purposes.

(c)

Revocation of permit. The Town Manager or designee may revoke a permit for non-compliance with these criteria, violation of any conditions of the approval, misinformation or misrepresentation in the application, or a change in the nature or extent of the use, or any other circumstance that violates the public health, safety, and welfare.

(d)

When special use permit is required. Any home-based business not meeting the standards or otherwise denied a permit by the Town Manager or designee may only be approved by a special use permit.

(Ord. 2021-08 §2; Ord. 2025-02 §1)

(a)

Intent. The regulations in this section are intended to coordinate the use, placement, physical dimensions and design of all signs within the Town.

(b)

Sign permit required. To ensure compliance with the regulations of this section, a sign permit shall be required in order to erect, move, alter, reconstruct or repair any permanent or temporary sign, except signs that are exempt from permits in compliance with the following Paragraph (e)(5). A sign permit shall be required for those temporary signs specified in Paragraph (e)(6) of this section. In multiple-tenant buildings, a separate permit shall be required for each business entity's sign. Separate building and electrical permits may be required for signs and will be determined on a case-by-case basis. Changing or replacing the copy on an existing lawful sign shall not require a permit, provided that the copy change does not change the nature of the sign or render the sign in violation of this section.

(c)

Sign permit application requirements. Applications for sign permits shall be made in writing. Fees shall be in accordance with the Town's fee schedule available upon request from Town Staff.

(d)

Application requirements for temporary signs. Applications for temporary sign permits shall be made in writing. Fees shall be in accordance with the Town's fee schedule available upon request from Town Staff.

(e)

Town Staff review and approval. When the Town Staff has determined the application to be complete, the Town Staff shall review the sign permit in accordance with the established review criteria and shall have the authority to approve, approve with conditions or deny the sign permit. Upon the Town Staff's approval of the sign permit, the sign permit and any building or electrical permits required for the sign shall be issued to the applicant.

(1)

Review criteria:

a.

The sign meets the requirements of this section.

b.

The sign conforms to the requirements of the adopted building and electrical Codes.

c.

The sign does not interfere with pedestrian or vehicular safety.

d.

The sign does not detract from the character of an architecturally significant or historic structure.

e.

The sign is not located in a place that has a negative impact on adjacent property.

f.

The sign does not detract from the pedestrian quality of the street or area.

g.

The sign does not add to an over-proliferation of signs on a particular property or area.

(2)

Appeal of sign permit denial or approval with conditions. Any appeal of the Town Staff's denial of a sign permit or approval with conditions shall be made to the BOA as provided in Section 16.9.50 of this article.

(3)

Waivers. Any request for an increase in the maximum allowable area for a sign or for signs not expressly permitted in these regulations requires an approved waiver by the Town Council.

(4)

Enforcement.

a.

Discontinued establishments; removal of signs. Whenever a business, industry, service or other use is discontinued, the sign pertaining to the use shall be removed or obscured by the person or entity owning or having possession over the property on which the sign is located within ninety (90) days after the discontinuance of such use.

b.

Illegal signs.

1.

Penalties. Illegal signs shall be subject to the enforcement provisions of this article.

2.

Removal of illegal signs in the public right-of-way. The Town may cause the removal of any sign within the public right-of-way or on property that is otherwise abandoned that is not in compliance with the requirements of this article.

3.

Storage of removed signs. Signs removed in compliance with this section shall be stored by the Town for thirty (30) days, during which they may be recovered by the owner only upon payment to the Town for costs of removal and storage. If not recovered within the thirty (30)-day period, the sign and supporting structure shall be declared abandoned and title shall vest with the Town. The costs of removal and storage (up to thirty [30] days) may be billed to the owner. If not paid, the applicable costs may be imposed as a tax lien against the property.

4.

If any person or entity erects any temporary sign for which a temporary sign permit is required without receiving a permit, the person or entity shall be ineligible to receive a temporary sign permit for the remainder of the calendar year.

(5)

Exempt signs. The following types of signs are exempt from permit requirements of this section and may be placed in any land use district. All such exempt signs, except government signs, shall be located outside a public right-of-way. Exempt signs shall not interfere with traffic signs or the sight distance triangle at intersections. Evidence of the owner's permission to install a sign shall be required upon request by the Town.

a.

Nonvisible. Signs that are not visible beyond the boundaries of the lot or parcel upon which they are located and/or from any public thoroughfare or right-of-way, except that such signs shall be subject to the safety regulations of the building Code and electrical Code adopted by the Town

b.

Address. Nonilluminated signs, not to exceed two (2) square feet in area, that identify the address and/or occupants of a dwelling unit or of an establishment

c.

Building identification, historical markers. Nonilluminated signs constructed of metal or masonry that are permanently affixed to buildings or structures for the purpose of identifying the name of a building, date of erection or other historical information as approved by the Town Staff

d.

Bulletin Board. Bulletin Board signs not exceeding fifteen (15) square feet in gross surface area, accessory to a church, school or public or nonprofit institution

e.

Construction. Temporary construction signs, provided that:

1.

Signs in conjunction with any residential use shall not exceed eight (8) square feet each.

2.

Signs in conjunction with all other uses shall have a maximum area of sixteen (16) square feet each.

3.

Only one (1) such sign oriented per street front per premises shall be erected. Any two (2) such signs located on the same premises shall be located at least one hundred (100) feet apart as measured by using a straight line.

4.

Such signs shall not be illuminated.

5.

Such signs shall only appear at the construction site.

6.

Such signs shall be removed within the earlier of seven (7) days after completion of the project or one (1) year of installation.

f.

Courtesy. Nonilluminated or indirectly illuminated signs that identify, as a courtesy to customers, items such as credit cards accepted, redemption stamps offered, menus or prices are limited to one (1) such sign for each use, not to exceed four (4) square feet per face or eight (8) square feet in total aggregate area for all such signs. Such signs may be attached to the building as projecting or wall signs, affixed to a door or window, suspended from a canopy or included as an integral part of a freestanding sign.

g.

Decorations (holiday). Temporary decorations or displays, when such are clearly incidental to and customarily and commonly associated with any national, state, local or religious holiday or celebration shall be displayed for not more than sixty (60) days in any one (1) year and may be of any type, number, area, height, location, illumination or animation.

h.

Directional. On-premises directional and instructional signs not exceeding six (6) square feet in area apiece.

i.

Doors. Signs affixed to door glass that identify the name and/or address of an establishment.

j.

Farm products. Seasonal farm product signs.

k.

Flags. Flags, crests or banners of nations, organizations of nations, states and cities, or professional, fraternal, religious or civic organizations, except when displayed in connection with commercial promotion.

l.

Garage, estate or yard sale or farm auction. Signs that advertise a private garage or yard sale on the lot where the sign is located shall be displayed no more than twice per year per dwelling unit for a period not to exceed three (3) days.

m.

Memorial. Memorial signs, plaques or grave markers that are noncommercial in nature.

n.

Notice Boards. Notice Boards for public or religious institutions.

o.

Oil and gas operation. Identification signs for any oil and gas operation.

p.

Political. Political signs displayed on private property.

q.

Special events. Temporary special event signs and banners for religious, charitable, civic, fraternal or similar nonprofit or not-for-profit organizations, or private noncommercial special events, provided that:

r.

Text or copy changes on conforming or legal nonconforming signs are specifically designed to permit changes of the text or copy provided that no structural changes are made to the sign and that the name of the business to which the sign belongs is not changed on the sign.

(6)

Temporary signs. Such signs shall otherwise be in conformance with all applicable requirements contained in this section. All such temporary signs, except government signs, shall be located outside a public right-of-way. Temporary signs shall not interfere with traffic signs or the sight distance triangle at intersections. Evidence of the owner's permission to install a sign shall be required upon request by the Town. Temporary signs shall be allowed only with a valid permit and upon proof of compliance with this Section. Temporary signs include but are not limited to:

a.

Banners used to decorate or attract attention to a business establishment, H-Frame (freestanding) real estate-type signs and any other signs not of a permanent nature advertising special events, provided that:

1.

The business is licensed and has received approval for a temporary sign from the Town.

2.

The signs are displayed in conjunction with a grand opening celebration for a period not to exceed thirty (30) days and renewable up to an additional maximum period of thirty (30) days.

3.

The signs are displayed in conjunction with a special sale for a period not to exceed thirty (30) days.

4.

The signs are displayed no more than two (2) times per calendar year per establishment. Each business or property owner shall be limited to one (1) temporary sign of any of the following types per business or property. In cases involving multiple tenants on a single property, each tenant shall be allowed one (1) temporary sign.

b.

Banner-type signs:

1.

The banner shall be securely attached to the wall of the establishment, freestanding signs or light poles on private property, except as provided for in Paragraph (16).

2.

The maximum height of each sign shall not exceed three (3) feet, and the width shall not exceed eight (8) feet.

3.

The sign shall be made of high-quality material.

c.

Freestanding signs that advertise special events, not including those signs advertising the sale or lease of the property:

1.

Shall be limited to a maximum of twelve (12) square feet per side and a maximum height of four (4) feet

2.

Shall be constructed of high-quality materials

d.

Development signs:

1.

A freestanding sign, not exceeding sixteen (16) square feet in area and six (6) feet in height, may be permitted on the site of a new housing or commercial project following approval of a development Plan. Temporary development signs shall be limited to a maximum of three (3) years' duration, upon acceptance of improvements by the Town or when all building permits have been issued, whichever occurs first.

2.

Any freestanding directional subdivision sign not located at the site of the new housing development shall be out of the Town right-of-way and on private property. Signs shall be ninety-six (96) square feet or less and under twelve (12) feet in height. Any freestanding directional subdivision signage exceeding sixteen (16) square feet and six (6) feet in height shall only be permitted on properties of five (5) acres or more and spaced at intervals of a minimum of four hundred (400) linear feet of road frontage.

3.

Permits may be granted for one (1) year and may, at the discretion of the Town Manager, be renewable annually for up to three (3) years.

4.

All such temporary signs shall be removed within seven (7) days after the real estate closing or lease transaction.

5.

No sign allowed under this subparagraph shall be illuminated.

(7)

Prohibited signs.

a.

Flashing, rotating, blinking or moving signs, animated signs, signs with moving, rotating or flashing lights or signs that create the illusion of movement, except for time-and-temperature devices.

b.

Any sign that is erected in such a location as to cause visual obstruction or interference with motor vehicle traffic or traffic-control devices, including any sign that obstructs clear vision in any direction from any street intersection or driveway.

c.

Neon, distracting colors, mechanical or electrical appurtenances, such as "revolving beacons," that are designed to compel attention.

d.

Pole-mounted signs.

e.

Roof signs.

f.

Off-premise advertising signs or any other sign not pertinent and incidental to the permitted use on the property where located, except for temporary subdivision directional signs and political signs and except for signs permitted in Paragraph (16).

g.

Any sign located in such a way as to intentionally deny visual access to an existing sign.

h.

Vehicle-mounted signs, including but not limited to signs painted on or attached to semi-trailers or cargo containers, when exhibited on private property adjacent to the public right-of-way for the purpose of advertising the business or services offered on the property. Vehicle-mounted signs used in connection with a special event are exempted from the requirements of this section during the duration of the special event only. Upon the conclusion of the special event, such signs must be dismantled. For the purposes of this subparagraph, the term special event shall mean a parade, circus, fair, carnival, festival, farmers' market or other similar event that is different in character from the customary or usual activities generally associated with the property on which the special event is to occur.

i.

Portable signs or signs not permanently affixed or attached to the ground or to any structure, except for real estate signs attached to posts driven into the ground, window signs and temporary barriers.

j.

Rotating signs.

k.

Searchlights.

l.

Inflatable freestanding signs or tethered balloons.

m.

Fabric signs, flags, pennants or banners when used for commercial advertising purposes, except as permitted in Paragraph (16).

n.

Any sign or sign structure that:

1.

Is structurally unsafe.

2.

Constitutes a hazard to safety or health by reason of inadequate maintenance or dilapidation.

3.

Is not kept in good repair.

4.

Is capable of causing electrical shocks to persons likely to come in contact with it.

(8)

Calculations. Areas calculated shall be measured using standard mathematical formulas. Unless specifically stated, calculations shall be based on sign surface area.

(9)

Sign surface area. The sign surface area consists of the entire area within a continuous perimeter enclosing the extreme limits of a sign display.

a.

Sign face. The sign face consists of the area or display surface, including any frame or border used for the message, which includes but is not limited to writing, representation, emblem or any figure of similar character.

b.

Double-faced (back-to-back) signs. The area calculation of double-faced signs shall be regarded as a single sign only if mounted on a single structure and if the distance between each sign face does not exceed two (2) feet at any point.

c.

Wall signs. If a sign is attached to a wall, only that portion of the wall onto which the sign face or letters are placed shall be calculated in the sign area.

(10)

Sign height. The height of a sign shall be measured from the highest point of a sign to the ground surface beneath it. When berms are used in conjunction with signage, the height of the sign shall be measured from the mean elevation of the fronting street.

(11)

Proportionate size and scale. The scale of signs shall be appropriate for the building on which they are placed and the area in which they are located. Building signs shall be harmonious in scale and proportion with the building facade to which they are mounted.

(12)

Sign location and placement.

a.

Signs shall neither visually overpower nor obscure architectural features.

b.

Integrate signs with the building and landscaping. Signs shall be carefully coordinated with the architectural design, overall color scheme and landscaping of the area.

c.

Unified sign band. Whenever possible, signs located on buildings with the same block face shall be placed at the same height in order to create a unified sign band. Wall signs shall be located at the first-floor level only for retail and other commercial uses.

d.

Monument signs should be located in a Planter setting within a landscaped area at the primary entries to residential, commercial and industrial developments to provide an overall project identity. A maximum of one (1) monument sign per entry is permitted.

e.

Pedestrian-oriented signs are encouraged. It is desirable to include a pedestrian-oriented sign as one (1) of the permitted signs for a business.

f.

Road right-of-way. No sign shall be erected within the public right-of-way.

(13)

Sign illumination. Sign illumination shall complement, not overpower, the overall composition of the site.

a.

Signs must be lighted downward with fully shielded luminaries wherein only the face of the sign is illuminated. Signs shall be lighted only to the minimum level for nighttime readability.

b.

Outdoor internally illuminated advertising signs must either be constructed with an opaque background and translucent text and symbols or with a colored background and generally lighter text and symbols.

c.

Neon tubing is an acceptable method of sign illumination for window signs in commercial districts.

(14)

Insurance on signs. Owners of projecting signs extending over a public right-of-way shall be required to maintain public liability insurance in an amount to be determined appropriate by the Town, in which the Town is named as an additional insured. Satisfactory proof of such insurance must be provided to the Town upon request.

(15)

Maintenance of signs.

a.

The owner of a sign and the owner of the premises on which such sign is located shall be jointly and severally liable to maintain such sign, including any illumination sources, in neat and orderly condition and in a good working order at all times and to prevent the development of any rust, corrosion, rotting or other deterioration in the physical appearance or safety of such sign. The sign must also comply with all building and electrical Codes.

b.

The owner of any sign regulated by this section shall be required to keep signs and supporting hardware, including temporary signs and time-and-temperature signs, structurally safe, clean and free of visible defects and functioning properly at all times. Repairs to signs shall be equal to or better in quality of materials and design than the original sign.

c.

All signs and all components thereof, including sign structures and sign faces, shall be kept neatly painted, in a good state of repair and in compliance with all building and electrical Codes. The Town may inspect any sign governed by this section and shall have the authority to order the painting, repair, alteration or removal of a sign that constitutes a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation or obsolescence.

(16)

Standards for specific sign types.

a.

Residential district signs.

b.

Business and commercial signs.

c.

Signs in the Town core.

d.

Industrial district signs.

(Ord. 2021-08 §2)

(a)

Design standards. The following design standards shall apply to all required off-street parking areas:

(1)

Any off-street parking area shall be designed so that vehicles may exist without backing onto a public street unless no other practical alternative is available.

(2)

Off-street parking areas shall be designed so that parked vehicles do not encroach upon or extend onto public rights-of-way. Additionally, any vehicular overhang that encroaches or extends onto any pedestrian access shall be designed to ensure a minimum five-foot pedestrian access is maintained.

(3)

Any off-street parking area with greater than twenty (20) spaces shall provide internal landscaping islands. All parking lot landscaping shall be in addition to other required site landscaping. Landscaping islands shall be placed at both ends of each row of parking. The required amount of internal landscaping islands shall be as follows:

a.

No more than ten (10) parking spaces in a row shall be permitted without a landscaped island;

b.

Landscape islands shall be the size of one (1) standard parking space;

c.

Landscape islands shall contain a minimum of one (1) deciduous shade tree and three (3) shrubs. An additional shade tree and additional shrubs shall be required for each two hundred (200) square feet of landscaped islands;

d.

Landscape island area shall be in addition to an internal pedestrian accessway as required in this Section; and

e.

Parking lots with greater than one hundred (100) spaces shall be broken into smaller parking blocks that meet the standards above.

(4)

Any off-street parking area with more than one (1) drive aisle shall provide and maintain internal pedestrian accessways. No parking space shall be more than ten (10) spaces or one hundred (100) feet, whichever is closer, from an internal pedestrian accessway.

(5)

All off-street parking areas shall maintain an eight-foot perimeter buffer. This perimeter buffer shall be in addition to other required site landscaping. The buffer shall be designed to provide a visual break throughout the calendar year with a combination of year-round landscaping, landscape screen walls, and/or earthen berms, or similar devices. The buffer area shall include, at a minimum:

a.

Two (2) deciduous shade trees for each fifty (50) linear feet; plus

b.

Three (3) shrubs for each ten (10) linear feet of buffer.

(6)

The following parking design standards shall apply to the Town Core and Development Node zone districts:

a.

Parking shall not be placed in locations that interrupt the storefront continuity along sidewalks

b.

Parking shall be placed behind buildings on the ground level or completely above or below the first floor of a building to the maximum extent possible. Any parking that is not able to be placed behind buildings or completely above or below the first floor of the building shall be completely screened with a combination of year-round landscaping, landscape screen walls, and/or earthen berms, or similar devices;

c.

Parking shall be accessed from the rear of the property on parcels with alleys or rear access easements. If parking is to be accessed from the front property line, parking access shall be consolidated to the maximum extent possible;

d.

For parcels without rear or side access, driveways serving on-site parking should be avoided on Harmony Road. When necessary, such driveways should be minimized in width and provide adequate visibility for pedestrians.

(b)

Shared off-street parking. Shared off-street parking may be used when there are opportunities to support parking demand through shared off-street parking for compatible uses (such as a theater and an office building, which would have staggered peak hours). Shared parking shall only be utilized when approved by the Town in a site plan or development agreement.

(c)

Adjacent on-street parking. In order to promote a pedestrian scale, to encourage an environment of safety and to maximize land use efficiency and land devoted to parking in the Town Core land use district, parking may be satisfied using adjacent on-street parking or shared rear-lot parking areas. On-street parking shall only be counted towards minimum parking standards as specified in Table 01.

(d)

Parking requirements. For uses not included in the following list, the review process shall determine the appropriate parking requirements.

Table 01—Parking Requirements

(e)

Accessible parking requirements.

Table 02—Accessible Parking Requirements

For every eight (8) accessible parking spaces, there must be at least one (1) van-accessible space. In no event shall there be fewer than one (1) van-accessible spaces.

(1)

Accessible parking spaces shall be required for all retail, office, business, industrial and institutional uses and multi-family units, and similar uses.

(2)

Accessible parking spaces shall be designated with painted symbols and standard identification signs, as required by ADA requirements.

(3)

Accessible parking spaces shall be located as close as possible to the nearest accessible building entrance.

(6)

Accessible parking space dimensions. If these dimensions differ from the ADA Design Guidelines, the ADA Design Guidelines shall govern.

a.

Parking spaces must be at least eight (8) feet in width by eighteen (18) feet in depth, with a five-foot-wide access aisle.

b.

Van-accessible spaces must be at least eight (8) feet in width by eighteen (18) feet in depth, with an eight-foot-wide access aisle.

c.

Accessible parking spaces that are parallel to an accessible pedestrian walkway may have the same dimensions as those for standard vehicles.

(f)

Parking space dimensions. Parking stalls for automobiles shall meet the following standards.

(1)

All dimensions represent the minimum requirement for any required parking space and typical dimensions for spaces not designated as Accessible Parking Spaces.

Table 03—Minimum Parking Dimensions

(2)

Compact spaces. Up to forty percent (40%) of required parking spaces may be reduced to eight (8) feet in width by sixteen (16) feet in depth to allow for compact vehicles, provided signage and a plan for management of the spaces are provided as part of the review process.

(Ord. 2021-08 §2; Ord. No. 2022-29 §1)

(a)

Intent. The regulations in this Section are intended to address the construction, conversion, expansion, or improvement of accessory dwellings within the Town and to ensure all accessory dwellings are constructed, converted, expanded or improved, and occupied, in compliance with the Town's adopted life safety codes and building regulations, including but not limited to, building, fire, utility, or stormwater codes.

(b)

Administrative approval required. To ensure compliance with the regulations in this Section, an application and administrative approval shall be required to construct, convert, expand, or improve any accessory dwelling within the Town. For purposes of this Section, "improve" or "improvements" means any alteration, repair, addition, expansion, reconstruction, replacement, renovation, or any work in or upon a building or structure for which a building permit is required pursuant to the Town's adopted building regulations.

(c)

Application requirements; fees. Applications for the construction, conversion, expansion, or improvement of any accessory dwelling shall be made in writing and shall include all information, documents, and plans necessary for the Town to determine whether the accessory dwelling complies with the standards set forth in this Section. The applicant shall pay all application and review fees established by resolution of the Town Council.

(d)

Town staff review and decision. When the Town staff has determined the application for the construction, conversion, expansion, or improvement of an accessory dwelling to be complete, the Town staff shall review the application to determine if the application complies with the standards set forth in this Section, and shall approve, approve with conditions, or deny the application. Upon the Town staff's approval of the application, any building permits required for the accessory dwelling shall be issued to the applicant.

(e)

Standards. The following standards apply to all accessory dwellings for which construction, conversion, expansion, or improvements commences on or after the effective date of the ordinance codified in this Section.

(1)

There shall be no more than one (1) accessory dwelling on a residential lot.

(2)

No portion of a lot on which an accessory dwelling is located may be subdivided from, or legally described differently than, the lot containing the principal residential unit.

(3)

No portion of a structure containing an accessory dwelling may have ownership different from the ownership of the principal dwelling unit.

(4)

The accessory dwelling shall be affixed to an engineered permanent foundation.

(5)

An internal or attached accessory dwelling shall be separated from the principal dwelling by a firewall meeting building and fire codes.

(6)

Accessory dwelling utilities shall be connected through the principal residential dwelling. Additional water dedication or water or sanitary sewer tap upsize may be required to account for increase in demand beyond the expectation of the original dedication or capacity of the original tap.

(7)

Prior to the issuance of any building permit for an accessory dwelling, the applicant shall furnish to the Town a statement by the water service provider and wastewater service provider confirming each provider's capacity to service the property upon the construction of the proposed accessory dwelling. If the property is served by a well or onsite wastewater treatment system, the applicant shall furnish information sufficient for the Town to determine that such facilities are adequate to service the accessory dwelling.

(8)

The accessory dwelling shall comply with any applicable residential design standard.

(9)

For purposes of calculating residential density, each accessory dwelling shall count as one-half (½) dwelling unit.

(10)

The size of an accessory dwelling unit shall be no larger than the size of the principal dwelling unit on the same lot as the accessory dwelling unit.

(Ord. 2025-01 §4)