(a)

Statement of intent. The R-1 residential district is composed of quiet, low-density residential areas plus undeveloped areas where similar residential construction appears likely to occur. The standards set forth for this district are designed to stabilize and protect the essential character of the areas so delineated, to promote and encourage a suitable environment for family life where there are children, and to prohibit all commercial activities. Development is, therefore, limited to relatively low concentration, and permitted uses are limited to single-unit dwellings, plus selected additional uses such as schools, parks, and certain public facilities that serve the residents of the district.

(b)

Uses permitted by right. Only one use and its accessory buildings and/or uses may be erected on any lot or parcel of land in residential district R-1. Uses permitted by right are as follows:

(1)

Single-family dwellings.

(2)

Parks and playgrounds.

(3)

Off-street parking for permitted uses in the district as set forth in section 50-103.

(4)

Accessory buildings as defined; however, garages, carports, porches and stoops attached to the main building shall be considered part of the main building. Accessory buildings may be located in a rear yard area, but shall not be located closer than five feet to any property line or to any other structure.

(5)

Pipes, meters, and other facilities necessary for the provision and maintenance of town water and sewer services and poles and lines for electric service to properties adjoining such facilities.

(6)

Signs as set forth in section 50-105.

(7)

Fences as set forth in section 50-101.

(c)

Uses permitted by special use permit. Uses permitted by special use permit are as follows:

(1)

Schools.

(2)

Churches

(3)

Home occupations, in accordance with section 50-112.

(d)

Area regulations. Area regulations are as follows:

(1)

On-site water and/or sewer: three-fourths acre, or such additional area as may be required by the department of health.

(2)

Public water and public sewer: 10,000 square feet.

(e)

Frontage. The minimum lot width at the setback line shall be 75 feet.

(f)

Yard setbacks. Yard setbacks are as follows:

(1)

Front. Each front yard shall be located 35 feet or more from any street right-of-way.

(2)

Side. Each side yard shall be a minimum of ten feet.

(3)

Rear. Each rear yard shall be a minimum of 30 feet in depth.

(g)

Height. Height shall be as follows:

(1)

Buildings may be erected up to 2½ stories, but shall not exceed 35 feet in height.

(2)

Schools may be erected to a height of 60 feet from grade, provided that required front, side, and rear yards shall be increased one foot for each foot in height over 35 feet.

(3)

Church spires, belfries, cupolas, municipal water towers, chimney flues, flagpoles, parapet walls, televisions antennae, and radio aerials are exempt.

(4)

No accessory building which is within 20 feet of any party lot line shall be more than one story high. All accessory buildings shall be less than the main building in height.

(h)

Corner lots. Special provisions for corner lots are as follows:

(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.

(2)

The minimum side yard on the side facing the side street shall be 35 feet.

(3)

Each corner lot shall have a minimum width at the setback line of 100 feet.

(Ord. of 6-11-1996, § 23-7)

(a)

Statement of intent. The R-2 residential district is composed of medium-density residential uses and open areas where similar development appears likely to occur. The standards for this district are designed to stabilize and protect the essential character of the areas so designated, to promote and encourage, insofar as compatible with the intensity of land use, a suitable environment for family life. Development is, therefore, limited to low to medium density, and permitted uses are limited to single- and two-family dwellings plus selected additional uses such as schools, parks, churches, and certain public facilities that serve the residents of the district.

(b)

Uses permitted by right. Only one use and its accessory buildings and/or uses may be erected on any lot or parcel of land in residential district R-2. Uses permitted by right are as follows:

(1)

Single-family dwellings.

(2)

Parks and playgrounds.

(3)

Off-street parking for permitted uses in the district as set forth in section 50-103.

(4)

Accessory buildings permitted as defined; however, garages or other accessory structures, such as carports, porches, and stoops, attached to the main building shall be considered part of the main building. Accessory buildings may be located in a rear yard area, but shall not be located closer than five feet to any property line or to any other structure.

(5)

Pipes, meters and other facilities necessary for the provision and maintenance of town water and sewer services, and poles and lines for electric service to properties adjoining such facilities.

(6)

Signs as set forth in section 50-105.

(7)

Fences as set forth in section 50-101.

(c)

Uses permitted by special use permit. Uses permitted by special use permit are as follows:

(1)

Two-family dwellings.

(2)

Schools.

(3)

Churches.

(4)

Boardinghouses.

(5)

Home occupations, in accordance with section 50-112.

(6)

Beauty shops and barbershops.

(d)

Area regulations. Area regulations are as follows:

(1)

All lots must be served by public water and sewer.

(2)

The minimum lot area shall be 7,500 square feet for all permitted uses.

(3)

Each unit in a two-family structure arranged side by side shall be given 3,750 square feet of lot area.

(e)

Setbacks. Structures shall be located 30 feet or more from any street right-of-way; however, no building need be set back more than the average of the setbacks of the adjacent structures on either side unless as otherwise required by the town. A vacant lot 50 feet or more in width shall be assumed to be occupied by a building having a minimum setback. This shall be known as the setback line.

(f)

Frontage. The minimum lot width at the setback line shall be 50 feet.

(g)

Yards. Size of yards shall be as follows:

(1)

Side. Each side yard shall be at least ten feet.

(2)

Rear. The minimum rear yard shall be 25 feet.

(h)

Height. Height shall be as follows:

(1)

Buildings may be erected up to three stories, but not to exceed 35 feet in height.

(2)

Schools or churches may be erected to a height of 60 feet from grade, provided that required front, side, and rear yards shall be increased one foot for each foot in height over 35 feet.

(3)

Church spires, belfries, cupolas, municipal water towers, chimneys, flues, flagpoles, parapet walls, television antennae and radio aerials are exempt.

(4)

Accessory buildings over one story in height shall be at least ten feet from any lot line. All accessory buildings shall be less than the main building in height.

(i)

Corner lots. Special provisions for corner lots are as follows:

(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.

(2)

The minimum side yard on the side facing the side street shall be 30 feet.

(3)

Each corner lot shall have a minimum width at the setback line of 100 feet.

(Ord. of 6-11-1996, § 23-8)

(a)

Statement of intent. The R-3 residential district is composed of high-density residential uses and open areas where similar development appears likely to occur. The standards for this district are designed to stabilize and protect the character of the area so designated and create areas for apartment and townhouse construction along with an appropriate living environment. These areas are located close to employment, shopping, and other community facilities. Development is limited to high-density residential uses of various types, plus selected additional uses such as schools, parks, churches, and certain public facilities.

(b)

Uses permitted by right. Only one use and its accessory buildings and/or uses may be erected on any lot or parcel of land in residential district R-3. Uses permitted by right are as follows:

(1)

Single-family dwellings.

(2)

Two-family dwellings.

(3)

Parks and playgrounds.

(4)

Public, semipublic or governmental buildings.

(5)

Off-street parking for permitted uses in the district as set forth in section 50-103.

(6)

Accessory buildings as defined; however, garages, or other accessory structures, such as carports, porches, and stoops attached to the main building, shall be considered part of the main building. Accessory buildings may be located in a rear yard area, but shall not be located closer than five feet to any property line or to any other structure.

(7)

Pipes, meters, and other facilities necessary for the provision and maintenance of town water and sewer services, and poles and lines for electric services to properties adjoining such facilities.

(8)

Signs as set forth in section 50-105.

(9)

Fences as set forth in section 50-101.

(c)

Uses permitted by special use permit. Uses permitted by special use permit are as follows:

(1)

Townhouses as set forth in section 50-107.

(2)

Apartments as set forth in section 50-108.

(3)

Home occupations, in accordance with section 50-112.

(4)

Schools.

(5)

Churches.

(6)

Nursing and/or convalescent homes as set forth in section 50-109.

(7)

Professional offices as set forth in section 50-110.

(8)

Conversion of a structure originally intended and designed for occupancy as a single-family dwelling into a structure with a maximum of three dwelling units.

(9)

Group homes for more than eight people.

(d)

Area regulations. Area regulations are as follows:

(1)

The minimum lot area shall be 7,500 square feet for freestanding one- or two-family or converted three-family detached structures.

(2)

Each unit in a two-family structure arranged side by side shall be given 3,750 square feet of lot area.

(3)

The minimum lot areas for townhouse and apartment construction are set forth in sections 50-107 and 50-108, respectively.

(4)

The minimum lot area for other permitted uses shall be 7,500 square feet or as otherwise specified.

(e)

Setbacks. Structures shall be located 30 feet or more from any street right-of-way; however, no building need be set back more than the average of the setbacks of the adjacent structures on either side unless as otherwise required by the town. A vacant lot 50 feet or more in width shall be assumed to be occupied by a building having a minimum setback. This shall be known as the setback line.

(f)

Frontage. The minimum width at the setback line shall be 50 feet.

(g)

Yards. Size of yards shall be as follows:

(1)

Side. Each side yard shall be a minimum of ten feet.

(2)

Rear. The minimum rear yard shall be 25 feet.

(h)

Height. Height shall be as follows:

(1)

Buildings may be erected up to four stories, but not to exceed 45 feet in height.

(2)

A public or semipublic building such as a school, church, or library may be erected to a height of 60 feet from grade, provided that required front, side, and rear yards shall be increased one foot for each foot in height over 45 feet.

(3)

Church spires, belfries, cupolas, municipal water towers, chimneys, flues, flagpoles, parapet walls, television antennae and radio aerials are exempt.

(4)

Accessory buildings over one story in height shall be at least ten feet from any lot line. All accessory buildings shall be less than the main building in height.

(Ord. of 6-11-1996, § 23-9)

(a)

Statement of intent. The general commercial district C covers that portion of the community intended for the conduct of general business to which the public requires direct and frequent access, but which is not normally characterized either by constant heavy trucking, other than stocking and delivery of retail goods, or by any nuisance factors, other than occasioned by incidental light and noise of congregation of people and passenger vehicles. This includes such uses as retail stores, banks, theaters, business offices, newspaper offices, printing presses, restaurants and taverns, garages and service stations, and multifamily dwellings.

(b)

Uses permitted by right. In business district C, structures to be erected or land to be used shall be for one or more of the following uses:

(1)

Antique shops.

(2)

Assembly halls.

(3)

Bakeries.

(4)

Banks and financial institutions.

(5)

Barbershops and beauty shops.

(6)

Bed and breakfasts, boardinghouses.

(7)

Carwashes.

(8)

Churches.

(9)

Department stores.

(10)

Drugstores.

(11)

Dry cleaners.

(12)

Fire and rescue squad stations.

(13)

Fraternal and auxiliary organizations.

(14)

Funeral homes.

(15)

Furniture sales and repair.

(16)

Garages, public and commercial. All vehicles shall be operable except for vehicles needing immediate repair which may be temporarily stored for a period of time not exceeding 30 days.

(17)

Greenhouses and plant nurseries.

(18)

Hardware stores.

(19)

Home appliance sales and service.

(20)

Hospitals, nursing homes, convalescent homes, rest homes.

(21)

Hotels or motels.

(22)

Laundries.

(23)

Libraries.

(24)

Motor vehicle parking lot, commercial.

(25)

Motor vehicle sales, rental, and service. All vehicles to be sold or leased must be operable.

(26)

Motor vehicle service stations, with major repair under cover. Inoperable vehicles may be temporarily stored for a period of time not exceeding 30 days.

(27)

Newspaper office buildings, including printing and publishing facilities incidental to such uses.

(28)

Office buildings, private or governmental.

(29)

Personal and professional services.

(30)

Pet shops, but excluding kennels.

(31)

Printing shops.

(32)

Radio and TV broadcasting stations and studios, or offices.

(33)

Restaurants.

(34)

Retail stores and shops.

(35)

Theaters, indoor.

(36)

Wearing apparel stores.

(37)

Residential uses are allowed above the first floor.

(38)

Off-street parking for permitted uses in the district as set forth in section 50-103.

(39)

Pipes, meters, and other facilities necessary for the provision and maintenance of town water and sewer services and poles and lines for electric service to properties adjoining such facilities.

(40)

Signs as set forth in section 50-105.

(41)

Fences as set forth in section 50-101.

(42)

Accessory uses clearly incidental to the principal use of the lot.

(43)

Short term rentals, on all floors, provided they shall meet the definition of a short term rental and shall have a common space entrance on the front street level that equals a minimum of 25 percent of the square footage of the lower units total floor area.

(c)

Uses permitted by special use permit. Uses permitted by special use permit are as follows:

(1)

Shopping centers as set forth in section 50-106.

(2)

Conversion of residential and/or commercial structures into buildings with a greater number of dwelling units.

(3)

Public billiard parlors and pool rooms, bowling alleys, dancehalls, health spas and clubs, and similar forms of public amusement only after a public hearing shall have been held by the town council on an application submitted to the council for such use. The planning commission shall submit a recommendation to the council concerning such use applications. In approving any such applications, the town council may establish such special requirements and regulations for the protection of adjacent property, set the hours of operations, and make requirements as it may deem necessary in the public interest, before granting approval to the application.

(4)

Wholesale and distributive establishments which do not create hazards for traffic or adverse impacts on the surrounding area, or involve explosives.

(5)

Artisan, crafter and other businesses with significant tourist value, in the commercially zoned downtown district target area, for the purposes of assembly, light manufacturing and retail sales of such products or promotional items advertising such products. Products are to include, but not be limited to, candlemaking, soapmaking, basketry, furniture and cabinetmaking and repair, upholstery, pottery, novelties, distilleries, etc. Restrictions and conditions are as follows:

a.

Items delivered to the business must be used in the manufacturing or assembly process for which the business was created.

b.

The business shall have five or less employees.

c.

At least 50 percent of products made shall be sold on site unless state or federal law prohibits the product from being sold on-site. If state or federal law prohibits the product from being sold on-site, the business shall have a significant tourist value and shall have a retail area in which promotional items shall be sold in order to qualify for a special use permit.

d.

Ample off-street employee parking shall be provided.

(6)

Motorsports facility pursuant to section 50-117.

(d)

Area regulations. Area regulations are as follows:

(1)

There are no requirements for commercial uses.

(2)

For permitted residential units, area requirements shall be the same as in the R-3 district.

(e)

Frontage and yards. There are no requirements for frontage and yards. However, if the property is adjacent to a residential district, each minimum side yard for the main and accessory buildings shall be ten feet, and the minimum rear yard for the main and accessory buildings shall be 20 feet.

(f)

Height. Buildings may be erected up to 45 feet in height from grade, except that:

(1)

A public or semipublic building such as a church, library, or hospital may be erected to a height of 60 feet from grade, provided that required front, side, and rear yards shall be increased one foot for each foot in height over 45 feet.

(2)

Church spires, belfries, cupolas, water towers, chimneys, flues, flagpoles, parapet walls, television antennae and radio aerials are exempt.

(3)

All accessory buildings shall be less than the main buildings in height.

(Ord. of 6-11-1996, § 23-10; Ord. of 6-27-2000; Ord. of 2-24-2004; Ord. of 3-8-2005; Ord. of 10-25-2016 )

Cross reference— Businesses, ch. 18.

(a)

Statement of intent. The primary purpose of the industrial district I is to permit the location of certain industries which do not in any way detract from the residential desirability of nearby areas and to permit industries to locate near a labor supply. No junkyards or automobile wrecking yards shall be permitted.

(b)

Uses permitted by right. In industrial district I, any structure to be erected or land to be used shall be for one or more of the following uses:

(1)

Assembly of electrical appliances, electronic instruments and devices, radios and phonographs; also, the manufacture of small parts, such as integrated circuits, circuit boards and minor assemblies.

(2)

Bottling works and plants.

(3)

Building material sales yards, plumbing supplies storage.

(4)

Carpenter, cabinet, furniture and upholstery shops.

(5)

Carwash.

(6)

Coal, wood and fuel storage yards, feed and seed stores.

(7)

Construction equipment sales.

(8)

Contractor's equipment storage yard or plant, or rental of equipment commonly used by contractors.

(9)

Furniture moving and storage.

(10)

Greenhouse and plant nurseries.

(11)

Laboratories (pharmaceutical and/or medical).

(12)

Manufacture, compounding, assembling or treatment of articles of merchandise from previously prepared materials which do not involve explosives.

(13)

Manufacture, compounding, processing, packaging or treatment of such products as bakery goods, candy, cosmetics, dairy products, drugs, perfumes, pharmaceuticals, perfumed toilet soap, toiletries and food products.

(14)

Manufacture of pottery and figurines or other similar ceramic products.

(15)

Manufacture of musical instruments, toys, novelties and rubber and metal stamps.

(16)

Motor vehicle assembling; tire vulcanizing, retreading or recapping; battery manufacturing.

(17)

Motor vehicle sales lot.

(18)

Motor vehicle service stations, with major repair under cover.

(19)

Office buildings.

(20)

Packing plants.

(21)

Precision instrument manufacture.

(22)

Printing and publishing shops.

(23)

Veterinary hospitals, kennels.

(24)

Textile manufacturing.

(25)

Welding or machine shops.

(26)

Wholesale businesses, storage warehouses.

(27)

Off-street parking for permitted uses in the district as set forth in section 50-103.

(28)

Public utility generating, booster, or relay stations; transformer substations; transmission lines and towers; and other facilities for the provision and maintenance of public utilities, including railroads and facilities, and water and sewer installations.

(29)

Signs as set forth in section 50-105.

(30)

Fences as set forth in section 50-101.

(31)

Accessory uses which are incidental to the principal use.

(c)

Uses permitted by special use permit. Uses permitted by special use permit are wholesale and distributive establishments which do not create hazards for traffic or adverse impacts on the surrounding area or involve explosives.

(d)

Requirements for permitted uses. Requirements for permitted uses are as follows:

(1)

Before a building permit shall be issued or construction commenced on any permitted use in this district or a permit issued for a new use, the plans, in sufficient detail to show the operations and processes, shall be submitted to the administrator for study. The administrator shall refer these plans to the planning commission for its recommendation. Modifications of the plans may be required. Such plans shall comply with section 50-111.

(2)

Permitted uses shall be conducted wholly within a completely enclosed building or within an area enclosed on all sides by a solid masonry wall, a uniformly painted solid board fence or evergreen hedge six feet in height, or other screen deemed appropriate by the planning commission. Fencing shall be required only when the administrator and planning commission feel such treatment is necessary to screen the use from public view.

(3)

The planning commission may require landscaping within any established or required front setback area. The plans and execution must take into consideration traffic circulation. Landscaping may be permitted up to a height of three feet or more, where deemed desirable by the planning commission, and only to within 50 feet from the corner of any intersecting streets.

(4)

Sufficient area shall be provided to adequately separate permitted uses from adjacent business and residential districts. Areas for off-street parking, which shall be in accordance with section 50-103, may be used for this separation.

(5)

The administrator shall act on any application received within 30 days after receiving the complete application. If formal notice in writing is given to the applicant, the time for action may be extended for a 30-day period.

(e)

Area. The minimum lot area shall be 10,000 square feet.

(f)

Frontage and yards. Frontage and yards shall be provided as follows:

(1)

Buildings shall be located 30 feet or more from any street right-of-way.

(2)

Minimum lot width at the setback line shall be 50 feet.

(3)

The side and rear yard adjoining or adjacent to a residential district shall be 50 feet. Within the industrial district, each side and rear yard shall be a minimum of 20 feet.

(g)

Height. Buildings may be erected up to a height of 45 feet. Chimneys, flues, cooling towers, flagpoles, parapet walls, radio or communication towers or their accessory facilities not normally occupied by workers are excluded from this limitation.

(Ord. of 6-11-1996, § 23-11)

Cross reference— Businesses, ch. 18.

(a)

Statement of intent. The intent of this section is to prevent the loss of life and property, the creation of health and safety hazards, the disruption of commerce and governmental services, the extraordinary and unnecessary expenditure of public funds for flood protection and relief, and the impairment of the tax base by:

(1)

Regulating uses, activities, and development which, alone or in combination with other existing or future uses, activities and development, will cause unacceptable increases in flood heights, velocities, and frequencies.

(2)

Restricting or prohibiting certain uses, activities, and development from locating within districts subject to flooding.

(3)

Requiring all those uses, activities and developments that do occur in floodprone districts to be protected and/or floodproofed against flooding and flood damage.

(4)

Protecting individuals from buying land and structures which are unsuited for intended purposes because of flood hazards.

(b)

Applicability. This section shall apply to all lands within the jurisdiction of the town and identified as being in the 100-year floodplain by the Federal Insurance Administration or known to be subject to flooding.

(c)

Compliance and liability.

(1)

No land shall be developed and no structure shall be located, relocated, constructed, reconstructed, enlarged, or structurally altered except in full compliance with the terms of this section and any other applicable ordinances and regulations which apply to uses within the jurisdiction of this article.

(2)

The degree of flood protection sought by this section is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur on rare occasions. Flood heights may be increased by manmade or natural causes, such as ice jams and bridge openings restricted by debris. This section does not imply that districts outside the floodplain district or that land uses permitted within such district will be free from flooding or flood damages.

(3)

This section shall not create liability on the part of the town or any officer or employee thereof for any flood damages that result from reliance on this section or any administrative decision lawfully made under this section.

(4)

Records of actions associated with administering this article will be kept on file and maintained in the offices of the zoning administrator for the town.

(d)

Abrogation and greater restrictions. This section supersedes any ordinance in effect in floodprone districts. However, any underlying ordinance provisions shall remain in full force and effect to the extent that its provisions are more restrictive.

(e)

Penalties. Penalties for violation of this section are as follows:

(1)

Any person who fails to comply with any of the requirements of this section or directions of the zoning officer or any other authorized town employee shall be guilty of a class 1 misdemeanor.

(2)

In addition to the penalties in subsection (e)(1) of this section, all other actions are hereby reserved, including an action in equity for the proper enforcement of this section. The imposition of a fine or penalty for any violation of or noncompliance with this section shall not excuse the violation or noncompliance to permit it to continue, and all such persons shall be required to correct or remedy such violations or noncompliance within a reasonable time. Any structure constructed, reconstructed, enlarged, altered, or relocated in noncompliance with this section may be declared by the town council to be a public nuisance and abatable as such. Flood insurance may be withheld from structures constructed in violation of this section.

(f)

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

Base flood and 100-year flood mean a flood that, on the average, is likely to occur once every 100 years (i.e., that has a one-percent chance of occurring each year, although the flood may occur in any year).

Base flood elevation (BFE) means the 100-year water surface elevation designated by the Federal Emergency Management Agency.

Basement means any area of the building having its floor subgrade (below ground level) on all sides.

Board of zoning appeals means the board appointed to review appeals made by individuals with regard to decisions of the administrator in the interpretation of this section.

Development means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

Flood means:

(1)

A general and temporary condition of partial or complete inundation of normally dry land areas from:

a.

The overflow of inland or tidal waters.

b.

The unusual and rapid accumulation or runoff of surface waters from any source.

c.

Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in subsection (f)(1)b of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.

(2)

The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion of undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm or by an unanticipated force of nature, such as a flash flood or by some similarly unusual an unforeseeable event which results in flooding as defined in subsection (f)(1)a of this definition.

Floodplain means:

(1)

A relatively flat or low land area adjoining a river, stream or watercourse which is subject to partial or complete inundation;

(2)

An area subject to the unusual and rapid accumulation or runoff of surface water from any source.

Floodprone area means any land area susceptible to being inundated by water from any source.

Floodway means the designated area of the floodplain required to carry and discharge floodwaters of a given magnitude. For the purposes of this article, the floodway shall be capable of accommodating a flood of the 100-year magnitude.

Historic structure means any structure that is:

(1)

Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

(2)

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

(3)

Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

(4)

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

a.

By an approved state program as determined by the Secretary of the Interior; or

b.

Directly by the Secretary of the Interior in states without approved programs.

Lowest floor means the lowest floor of the lowest enclosed area (including basement).

Manufactured home park or subdivision means a parcel or contiguous parcels of land divided into two or more lots for rent or sale.

New construction means, for the purposes of determining insurance rates, structures for which the start of construction commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, the term "new construction" means structures of which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by the town and includes any subsequent improvements to such structures.

Recreational vehicle means a vehicle which is:

(1)

Built on a single chassis;

(2)

Four hundred square feet or less when measured at the largest horizontal projection;

(3)

Designed to be self-propelled or permanently towable by a light-duty truck; and

(4)

Designed primarily not for use as a permanent dwelling but as a temporary living quarters for recreational camping, travel, or seasonal use.

Start of construction means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation of the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration on any wall, ceiling, floor, or other structural part of a building, whether or not the alteration affects the external dimensions of the building.

Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

Substantial improvement means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:

(1)

Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to ensure safe living conditions; or

(2)

Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure.

(g)

Establishment of floodplain districts. Floodplain districts are established in accordance with the following:

(1)

Basis of district. The floodplain district shall include areas subject to inundation by waters of the 100-year flood. The basis for the approximated floodplain district shall be the flood insurance rate map prepared by the Federal Emergency Management Agency, Federal Insurance Administration, for the town and dated January 5, 2007, as amended.

(2)

Zone A criteria. The approximated floodplain district shall be that floodplain area for which no detailed flood profiles or elevations are provided, but where a 100-year floodplain boundary has been approximated. Such areas are shown as zone A on the flood insurance rate map. For these areas, the 100-year flood elevations and floodway information from federal, state, or other acceptable sources shall be used, when available. Where specific 100-year flood elevations cannot be determined for this area using other sources of data, such as the U.S. Army Corps of Engineers' Floodplain Information Reports, U.S. Geological Survey Floodprone Quadrangles, etc., the applicant for the proposed use, development and/or activity shall determine this elevation in accordance with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough review by the town.

(3)

Overlay concept.

a.

The floodplain districts described in this subsection shall be overlays to the existing underlying area as shown on the official zoning map, and, as such, the provisions for the floodplain district shall serve as a supplement to the underlying district provisions.

b.

If any conflict occurs between the provisions or requirements of the floodplain districts and those of any underlying district, the more restrictive provisions shall apply.

c.

If any provision concerning a floodplain district is declared inapplicable as a result of any legislative or administrative actions or judicial decision, the basic underlying provisions shall remain applicable.

(h)

Floodplain district map. The boundaries of the floodplain district are established as shown on the flood insurance rate map which is declared to be a part of this section and which shall be kept on file at the town offices. They are also shown on the official zoning map.

(i)

District boundary changes. The delineation of any of the floodplain districts may be revised by the town council where natural or manmade changes have occurred and/or where more detailed studies have been conducted or undertaken by the U.S. Army Corps of Engineers or other qualified agency or an individual documents the need for such change. However, prior to any such change, approval must be obtained from the Federal Insurance Administration.

(j)

Interpretation of district boundaries. Initial interpretations of the boundaries of the floodplain district shall be made by the zoning officer. Should a dispute arise concerning the boundaries of any of the districts, the board of zoning appeals shall make the necessary determination. The person questioning or contesting the location of the district boundary shall be given a reasonable opportunity to present his case to the board and to submit his own technical evidence if he so desires.

(k)

District provisions. Requirements for the district are as follows:

(1)

Permit requirement. All uses, activities, and development occurring within any floodplain district shall be undertaken only upon the issuance of a zoning permit. Such development shall be undertaken only in strict compliance with this article and with all other applicable codes and ordinances, including the Virginia Uniform Statewide Building Code and the town subdivision ordinance in article III of this chapter. Prior to the issuance of any such permit, the administrator shall require all applications to include use, activity, and/or development adversely affecting the capacity of the channels or floodway of any watercourse, drainage ditch, or any other drainage facility or system.

(2)

Alteration or relocation of watercourse. Prior to any proposed alteration or relocation of any channels or of any watercourse, stream, etc., within this jurisdiction, a permit shall be obtained from the U.S. Corps of Engineers, the state water control board, and the state marine resources commission; a joint permit application is available from any of these organizations. Furthermore, notification of the proposal shall be given to all affected adjacent jurisdictions, the department of conservation and recreation (floodplain management program), and the Federal Insurance Administration.

(3)

Site plans and permit applications. All applications for development in the floodplain district and all building permits issued for the floodplain shall incorporate the following information:

a.

For structures to be elevated, the elevation of the lowest floor, including basement.

b.

For structures to be floodproofed (nonresidential only), the elevation to which the structure will be floodproofed.

c.

The elevation of the 100-year flood.

d.

Topographic information showing existing and proposed ground elevations.

(4)

Manufactured homes. Manufactured homes that are placed or substantially improved on sites shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and shall be securely anchored to an adequately anchored foundation system to resist floatation, collapse and lateral movement.

(5)

Recreational vehicles. Recreational vehicles placed on site shall be on the site for fewer than 180 consecutive days, shall be fully licensed and ready for highway use; or shall meet the elevation and anchoring requirements of section 50-71(k)(4). A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect-type utilities and security devices, and has no permanently attached additions.

(l)

Approximated floodplain district. In the approximated floodplain district, the development and/or use of land, including but not limited to fill, new construction or other improvements, shall be permitted in accordance with the regulations of the underlying district, provided that all such uses, activities, and/or development shall be undertaken in strict compliance with the floodproofing and related provisions contained in the Virginia Uniform Statewide Building Code and all other applicable codes and ordinances. The applicant shall also delineate a floodway area based on the requirement that all existing and future development and/or use of land not increase the 100-year flood elevation more than one foot at any one point. The engineering principle—equal reduction of conveyance—shall be used to make the determination of increased flood heights. Within the floodway area delineated, no such development or use of land shall be permitted that will cause any increase in the 100-year flood elevation.

(m)

Permitted uses in the floodplain district. The following uses and activities are permitted by special use permit only issued by the town council, provided that they are in compliance with the provisions of the underlying district and are not prohibited by any other ordinance and provided, further, that they do not require structures, fill or storage of material and equipment:

(1)

Agricultural uses, such as general farming, pasture, grazing, outdoor plant nurseries or orchard, horticulture, truck farming, forestry, sod farming and wild crop harvesting.

(2)

Public and private recreational uses and activities, such as parks, day camps, picnic grounds, golf courses, boat launching and swimming areas, horseback riding and hiking trails, wildlife and nature preserves, game farms, fish hatcheries, trap and skeet game ranges and hunting and fishing areas.

(3)

Accessory residential uses, such as yard areas, gardens, play areas and previous loading areas.

(4)

Accessory industrial and commercial uses, such as yard areas, previous parking and loading areas, airport landing strips, etc.

(n)

Design criteria for utilities and facilities. Design criteria for utilities and facilities shall be as follows:

(1)

Sanitary sewer facilities. All new or replacement sanitary sewer facilities and private package sewage treatment plants, including all pumping stations and collector systems, shall be designed to minimize or eliminate infiltration of floodwaters to the systems and discharges from the systems into the floodwaters. In addition, they should be located and constructed to minimize or eliminate flood damage and impairment. On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding.

(2)

Water facilities. All new or replacement water facilities shall be designed to minimize or eliminate infiltration of floodwaters into the system and be located and constructed to minimize or eliminate flood damages.

(3)

Drainage facilities. All storm drainage facilities shall be designed to convey the flow of surface waters without damage to persons or property. The systems shall ensure drainage away from buildings and on-site waste disposal sites. The town council may require a primarily underground system to accommodate frequent floods and a secondary surface system to accommodate larger, less frequent floods. Drainage plans shall be consistent with local and regional drainage plans. The facilities shall be designed to prevent the discharge of excess runoff onto adjacent properties.

(4)

Utilities. All utilities, such as gas lines, electrical and telephone systems, being placed in floodprone areas should be located, elevated where possible, and constructed to minimize the chance of impairment during a flooding occurrence.

(5)

Streets and sidewalks. Streets and sidewalks should be designed to minimize their potential for increasing and aggravating the levels of flood flow. Drainage openings shall be required to sufficiently discharge flood flows without unduly increasing flood heights.

(o)

Variances. Factors to be considered in issuance a variance from this section are as follows:

(1)

In passing upon applications for variances, the board of zoning appeals shall satisfy all relevant factors and procedures specified in other sections of this article and consider the following additional factors:

a.

The danger to life and property due to increased flood heights or velocities caused by encroachments. No variance shall be granted for any proposed use, development, or activity within any floodway district that will cause any increase in the 100-year flood elevation.

b.

The danger that materials may be swept on to other lands or downstream to the injury of others.

c.

The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions.

d.

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners.

e.

The importance of the services provided by the proposed facility to the community.

f.

The requirements of the facility for a waterfront location.

g.

The availability of alternative locations not subject to flooding for the proposed use.

h.

The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.

i.

The relationship of the proposed use to the comprehensive plan and floodplain management program for the area.

j.

The safety of access by ordinary and emergency vehicles to the property in time of flood.

k.

The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site.

l.

The repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

m.

Such other factors which are relevant to the purposes of this section.

(2)

The board of zoning appeals may refer any application and accompanying documentation pertaining to any request for a variance to any engineer or other qualified person or agency for technical assistance in evaluating the proposed project in relation to flood heights and velocities and the adequacy of the plans for flood protection and other related matters.

(3)

Variances shall be issued only after the board of zoning appeals has determined that the granting of such will not:

a.

Result in:

1.

Unacceptable or prohibited increases in flood heights;

2.

Additional threats to public safety;

3.

Extraordinary public expense; and

b.

Create nuisances, cause fraud or victimization of the public, or conflict with local laws or ordinances.

(4)

Variances shall be issued only after the board of zoning appeals has determined that the variance will be the minimum required to provide relief from any exceptional hardship to the applicant.

(5)

The board of zoning appeals shall notify the applicant for a variance, in writing, that the issuance of a variance to construct a structure below the 100-year flood elevation:

a.

Increases the risks to life and property; and

b.

Will result in increased premium rates for flood insurance.

(6)

A record shall be maintained of the notification as well as all variance actions, including justification for the issuance of the variances. Any variances which are issued shall be noted in the annual or biennial report submitted to the Federal Insurance Administrator.

(p)

Existing structures in floodplain district. A structure or use of a structure or premises which lawfully existed before the effective date of the ordinance from which this section is derived, but which is not in conformity with this section, may be continued subject to the following conditions:

(1)

Existing structures in the floodway district shall not be expanded or enlarged unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed expansion would not result in any increase in the 100-year flood elevation.

(2)

Any modification, alteration, repair, reconstruction, or improvement of any kind to a structure and/or use location in any floodplain area to an extent or amount of less than 50 percent of its market value shall be elevated and/or floodproofed to the greatest extent possible.

(3)

The modification, alteration, repair, reconstruction, or improvement of any kind to a structure and/or use, regardless of its locations in a floodplain area, to an extent or amount of 50 percent or more of its market value shall be undertaken only in full compliance with this article and the Virginia Uniform Statewide Building Code.

(Ord. of 6-11-1996, § 23-12; Ord. of 12-12-2006)

(a)

Statement of purpose. The Virginia Enterprise Zone Act, Code of Virginia, §§ 59.1-538 through 59.1-549 et seq., as amended, authorizes the establishment of an enterprise zone. It is the purpose of the Enterprise Zone Act, and of this article, to stimulate business and industrial growth within the area so designated as the Page County Enterprise Zone, which includes portions of the Town of Shenandoah, by means of state income tax credits, state sales tax exemptions, and local incentives as set forth herein.

(b)

Boundaries of the Page County Enterprise Zone and Town of Shenandoah Enterprise Zone. The boundaries of the Page County Enterprise Zone, which encompasses portions of the Town of Shenandoah, is established on the map entitled, "Map of the Page County Enterprise Zone," which is on file in the Page County Office of Economic Development and Tourism, located at 103 South Court Street, Suite F, Luray, Virginia. These specific areas were established as enterprise zones on January 1, 2015 by the Governor of the Commonwealth of Virginia for a period of ten years in accordance with the Virginia Enterprise Zone Act.

(c)

Definitions .

Business firm means any corporation, partnership, electing small business corporation, limited liability company or sole proprietorship authorized to do business in this Commonwealth of Virginia and the Town of Shenandoah, Virginia. However, a business firm does not include organizations which are exempt from state income tax on all income except unrelated business taxable income as defined in the Federal Internal Revenue Code, section 512; nor does it include homeowners associations as defined in Federal Internal Revenue Code, section 528.

County means the County of Page, Virginia.

Enterprise zone means an area declared by the Governor of the Commonwealth of Virginia to be eligible for the benefits accruing under the Virginia Enterprise Zone Act.

Equivalent employment or full-time equivalent job means a minimum of 35 hours per week of an hourly wage (or the salaried equivalent). A single equivalent job may be represented by one employed individual, or by multiple employed individuals whose aggregate hours of employment (or salaried equivalent) equal to a minimum of 35 hours per week.

Existing business means any business operating or located within the enterprise zone on January 1, 2015, or within Page County, or Town of Shenandoah, prior to its location within the enterprise zone. A business which retains the same ownership and which was operating or located within the enterprise zone on January 1, 2015 or within the town prior to location with the enterprise zone shall not be defined as a new business, even if the name or entity (corporate or otherwise) has changed.

New business means a business operating within the enterprise zone after January 1, 2015, having had no prior business location within Page County or the Town of Shenandoah.

Town means the Town of Shenandoah, Virginia.

(d)

Qualification for state incentives.

(1)

State incentives are available to eligible businesses and zone investors who create jobs and invest in real property within the boundaries of the Page County Enterprise Zone located in the Town of Shenandoah. Eligibility for state incentives, and the application process for obtaining incentives, shall be coordinated between Virginia Department of Housing and Community Development and Page County's Office of Economic Development and Tourism. These incentives are as follows:

a.

Qualification for the job creation grant (JCG) is based on permanent full-time job creation over a four-job threshold, with wage rates at least 175 percent of the federal minimum wage and availability of health insurance. Personal services, retail, food and beverage positions are not eligible to receive job creation grants.

b.

Real property investment grant (RPIG) is based on qualified investments made to commercial, industrial, and mixed-used buildings for facilities located within the boundaries of an enterprise zone. To be eligible for the RPIG, an individual or entity must invest at least $100,000.00 for rehabilitation or expansion projects and at least $500,000.00 for new construction projects.

(e)

Qualification for local incentives (administered by Page County's Office of Economic Development and Tourism).

(1)

Capital investment grant (CIG). The CIG is a grant equal to 75 percent of the taxes paid on net new taxable in machinery and tools, business personal property, and/or real estate, as measured by the increase in assessment. The CIG will be delivered as a grant made to the recipient after taxes have been paid to the town (and/or the county) after all eligibility requirements have been met by the recipient. The CIG will be paid semi-annually, after all taxes due have been paid by the recipient, for a period of five years. Additional qualification requirements:

a.

Location in enterprise zone;

b.

The creation of at least five new full-time jobs or full-time equivalent jobs, to be maintained throughout the grant period, with an average annual salary/wage at least equal to 85 percent of the most current prevailing local wage as determined by the Virginia Employment Commission;

c.

Net new taxable investment in machinery and tools of at least $100,000.00, to be maintained throughout the grant period, to be attained within 24 months of entering into a grant performance agreement;

d.

Or a net new taxable investment in business real estate of at least $150,000.00, to be maintained throughout the grant period, to be obtained within 24 months of entering into the grant performance agreement;

e.

Payment of all taxes and fees due to the county and/or town in a timely manner during the grant period;

f.

Entrance into a grant performance agreement with the Page County Economic Development Authority, acting on behalf of the Town of Shenandoah; and

g.

Annual submission of evidence of compliance with the grant performance agreement during the grant period.

(2)

Business/professional/occupational license (BPOL), local sales tax, meals and/or lodging tax refund (BSMLR). The refund is a grant equal to a percentage of new business license fees, local option sales tax, meals and/or lodging taxes paid by the qualifying company/business determined by the following schedule: Year 1—80 percent refund; Year 2—60 percent refund; Year 3—40 percent refund; and Years 4 and 5—20 percent refund. The BSMLR will be paid semi-annually for a period of five years after all taxes have been paid by the recipient and amount(s) paid determined by the commission of revenue or town treasurer. A business may qualify for and receive the BSMLR for one grant period only during the life of the enterprise zone. Additional qualification requirements:

a.

Location in enterprise zone;

b.

Creation of at least five full-time jobs (or full-time equivalent) or ten percent expansion of current number of jobs, whichever is greater to be maintained throughout grant period;

c.

Payment of all taxes and fees due to the town and/or county in a timely manner during the grant period;

d.

Submission of an annual application during the grand period; and

e.

Annual submission of evidence of compliance with the grant performance agreement during the grant period.

(3)

Business development loan program (BDLP). The BDLP provides loans up to a maximum of $50,000.00 to be utilized by new or existing businesses located in the enterprise zone. The BDLP is funded and administered by Page County Economic Development Authority (EDA), and all inquiries and applications must be submitted to the EDA for review and approval. Additional qualification requirements:

a.

Creation of at least one full-time or full-time equivalent job;

b.

Underwriting must be successfully completed;

c.

Payment of all taxes and fees due to town and/or county must be paid in a timely manner during the loan period; and

d.

Annual submission of evidence of compliance with the terms of the loan agreement during the loan period;

e.

The loan must be fully collateralized.

(4)

Commercial rehabilitation real estate tax exemption (CRRETE). The CRRETE exempts qualifying real estate assessments (QREA) from increases in taxation by the town and/or county for a period of between five to 15 years. A QREA provides for tax rebates based upon the difference between pre and post improvement tax assessments. Once improvements are realized, qualifying properties are eligible for semi-annual town and/or county real estate tax rebates for the increased assessment amount only. Applicants may receive said rebates after all real taxes are paid to the town and/or county. Additional qualification requirements:

a.

The qualifying property must be in the enterprise zone;

b.

The qualifying property must be at least 15 years old;

c.

The property must be in commercial or industrial use or mixed use with a minimum of 30 percent usable floor space devoted to commercial, office or industrial use;

d.

The cost of rehabilitation must be at least 40 percent of the property's pre- improvement assessment prior to the commencement of rehabilitation work with a minimum investment of no less than $50,000.00 as determined by the Page County Building Official;

e.

The property cannot be expanded more than 15 percent of its existing size prior to commencement of the rehabilitation work;

f.

Applicants must comply with all other terms and conditions of Code of Virginia, § 58.1-3221.

(5)

Refund of various development fees (RVDF). The RVDF refunds half of the building permit, site plan and/or zoning, rezoning, zoning variance, or special use permit fees paid to the town and/or county by a qualifying applicant. The fees are refunded upon the successful completion of the qualifying project. Fees related to emergency management services (EMS), stormwater management and/or utility facility/connections are not subject to the RVDF. Additional qualification requirements:

a.

The qualifying project must be in the enterprise zone.

(6)

Business visitation prioritization (BVP). The BVP is implemented by Page County's Economic Development Coordinator, and may include other professional and resources in accordance to availability and appropriateness. The economic development coordinator will provide consultation services to qualifying business to assist in resolving issues related to conducting business. The degree and variety of services provided will be determined by the economic development coordinator, and allocated according to time and resources.

(7)

HUBzone assistance (HZA). HZA is provided by the Page County's Economic Development Coordinator for businesses seeking HUBzone certification, and to existing HUBzone certified businesses located in the town and/or county.

(8)

Fast track development program (FTDP). Through the FTDP, businesses applying for rezoning and/or special use permits may request joint hearings of the town's planning commission and town council as a means to expedite process. Additional qualification requirements:

a.

The qualifying project must be in the enterprise zone; and

b.

The joint hearing request must be coordinated through Page County's Economic Development Coordinator, and the administration of the Town of Shenandoah.

(f)

Incentives capped.

(1)

The combined amount of BSMLR (subsection (e)(2)), CIG (subsection (e)(1)) and the CRRETE (subsection (e)(4)) shall be capped at 75 percent of all recipient's taxes paid to the town and/or county, whichever is applicable.

(g)

Application .

(1)

Any business firm seeking to receive local enterprise zone incentives shall make application to the Page County's Economic Development Coordinator, who acts as the enterprise zone administrator, on forms provided by the Page County Economic Development Authority. The economic development coordinator may require the business firm to provide documentation establishing that said business firm has met the requirements for the receipt of town and/or county enterprise zone incentives. Failure to provide requested documentation shall result in a denial of the business firm's application for local incentives. Upon approval of any business firm application for local enterprise zone incentives, the economic development coordinator shall submit a written report to the town manager listing the name and address of the qualifying business firm, and the local enterprise zone incentives for which it is qualified. The economic development coordinator may require the business firm to provide additional documentation from time to time to assure that said business firm retains the requisite qualifications for the receipt of local enterprise zone incentives. In the event that any business firm shall fail to maintain the requisite qualifications for the receipt of local enterprise zone incentives, the economic development coordinator shall inform the business firm in writing that it is no longer qualified for the receipt of local incentives, and shall send a copy of said notice to the town manager.

(Ord. of 3-24-2015)