This division applies to the R-AG Rural Residential-Agriculture District. Pursuant to the general purposes of this chapter, the intent of the R-AG Rural Residential-Agriculture District is to provide for large lot residential and agricultural development in the periphery of the town boundaries where natural areas and managed forests and farmland are prominent and public utilities are limited or not accessible.

(Code 1996, § 114-40; Ord. of 2-10-2014, § 2)

All permitted uses shall be subject to the applicable provisions of this chapter and any use and design standards set forth in article IV, division 7 of this chapter. For any use not identified, the zoning administrator may determine that such use is substantially the same as another use otherwise permitted in the district. The decision of the zoning administrator shall be in writing for future reference.

(1)

Uses and structures permitted by right. The following uses and structures are permitted by right in the R-AG Rural Residential Agricultural District:

a.

Agriculture and forestry use types.

1.

Agriculture.

2.

Farm produce stand.

3.

Forestry operations.

b.

Residential use types.

1.

Dwelling, single-family.

2.

Dwelling, two-family.

3.

Home occupation.

c.

Civic use types.

1.

Animal shelter, public.

2.

Public utility, minor.

3.

Public utility, major.

4.

Public sewer or public water system.

5.

Religious assembly.

d.

Recreational use types, public.

1.

Public parks and recreation areas.

e.

Miscellaneous use types.

1.

Cemetery.

2.

Accessory uses.

3.

Accessory buildings or structures.

(2)

Uses and structures permitted by special use permit. The following uses and structures are permitted by special use permit in the R-AG Rural Residential Agricultural District as set forth in article II, division 4 of this chapter:

a.

Agriculture use types.

1.

Kennel, commercial.

2.

Stable, commercial.

b.

Residential use types.

1.

Manufactured homes.

2.

Accessory apartment.

c.

Civic use types.

1.

Schools.

d.

Commercial use types.

1.

Bed and breakfasts.

2.

Veterinary hospital/clinic.

e.

Group home use types.

1.

Adult day care center.

2.

Assisted living facility.

3.

Child day care center.

4.

Family day home.

5.

Life care facility.

f.

Recreational use types.

1.

Commercial outdoor sports and recreation.

2.

Shooting range, indoor.

3.

Shooting range, outdoor.

(Code 1996, § 114-41; Ord. of 2-10-2014, § 2; Ord. of 5-11-2015(1) , § I)

(a)

Lot area and lot width requirements. In the R-AG Rural Agricultural Residential District, the minimum lot size shall be two acres. The minimum lot frontage width on a public street shall be 100 feet.

(b)

Lot coverage requirements. In the R-AG Rural Agricultural Residential District, the maximum lot coverage shall be 25 percent.

(c)

Yard requirements. In the R-AG Rural Agricultural Residential District, the minimum yard setbacks are as follows:

(1)

Front yard: 50 feet.

(2)

Side yard: 20 feet. In the case of a corner lot, the minimum width of the side yard adjacent to the right-of-way shall be no less than 35 feet.

(3)

Rear yard: 50 feet.

(d)

Height limit. In the R-AG Rural Agricultural Residential District, the maximum height limit for a building or structure is 35 feet.

(Code 1996, § 114-42; Ord. of 2-10-2014, § 2; Ord. of 6-8-2015(1) , § III)

This division applies to the R-1 Low Density Residential District. Pursuant to the general purposes of this chapter, the intent of the R-1 Low Density Residential District is to provide for residential neighborhoods that are suburban in character with large lots and a minimum standard of neighborhood amenities, including paved streets, sidewalks, utilities, and stormwater management facilities constructed in accordance with adopted design standards.

(Code 1996, § 114-43; Ord. of 2-10-2014, § 2)

All permitted uses shall be subject to the applicable provisions of this chapter and any use and design standards set forth in article IV, division 7 of this chapter. For any use not identified, the zoning administrator may determine that such use is substantially the same as another use otherwise permitted in the district. The decision of the zoning administrator shall be in writing for future reference.

(1)

Uses and structures permitted by right. The following uses and structures are permitted by right in the R-1 Low Density Residential District:

a.

Agriculture and forestry use types.

1.

Agriculture.

2.

Forestry operations.

3.

Community garden.

b.

Residential use types.

1.

Dwelling, single-family.

2.

Dwelling, two-family.

3.

Home occupation.

c.

Civic use types.

1.

Religious assembly.

2.

Public utility, minor.

3.

Public utility, major.

4.

Public sewer or public water system.

d.

Recreational use types.

1.

Public parks and recreation areas.

2.

Public recreation assembly.

e.

Miscellaneous use types.

1.

Cemetery.

2.

Accessory uses and accessory buildings or structures.

(2)

Uses and structures permitted by special use permit. The following uses and structures are permitted by special use permit in the R-1 Low Density Residential District as set forth in article II, division 4 of this chapter:

a.

Agriculture use types.

1.

Kennel, commercial and private.

2.

Stable, commercial and private.

b.

Residential use types.

1.

Manufactured homes.

2.

Accessory apartment.

c.

Group home use types.

1.

Adult day care center.

2.

Adult living facility.

3.

Child day care center.

4.

Family day home.

5.

Life care facility.

d.

Civic use types.

1.

Animal shelter, public.

2.

Schools.

e.

Commercial use types.

1.

Bed and breakfasts.

2.

Farm produce stand.

(Code 1996, § 114-44; Ord. of 2-10-2014, § 2)

(a)

Lot area and width requirements. The minimum lot area in the R-1 District shall be 15,000 square feet. The minimum lot frontage width on a public street shall be 100 feet.

(b)

Lot coverage requirements. Structures on any lot in an R-1 District shall not cover more than 30 percent of the area of the lot.

(c)

Yard requirements. The following yard requirements shall be applicable in the R-1 District:

(1)

Front yard: 30 feet.

(2)

Side yard: ten feet. In the case of a corner lot, the minimum width of the side yard adjacent to the right-of-way shall be no less than 20 feet.

(3)

Rear yard: 25 feet.

(d)

Height limit. No building or structure in the R-1 District shall exceed a height of 35 feet.

(Code 1996, § 114-45; Ord. of 2-10-2014, § 2; Ord. of 6-8-2015(1) , § III)

This division applies to the R-2 Medium Density Residential District. Pursuant to the general purposes of this chapter, the intent of the R-2 Medium Density Residential District is to provide for established, traditional residential neighborhoods on medium to small lots with diverse community amenities including connected streets, pedestrian sidewalks and features, public utilities, and stormwater management facilities constructed in accordance with adopted design standards.

(Code 1996, § 114-46; Ord. of 2-10-2014, § 2)

All permitted uses shall be subject to the applicable provisions of this chapter and any use and design standards set forth in article IV, division 7 of this chapter. For any use not identified, the zoning administrator may determine that such use is substantially the same as another use otherwise permitted in the district. The decision of the zoning administrator shall be in writing for future reference.

(1)

Uses and structures permitted by right. The following uses and structures are permitted in the R-2 Medium Density Residential District:

a.

Agriculture and forestry use types.

1.

Community garden.

b.

Residential use types.

1.

Dwelling, single-family.

2.

Dwelling, two-family.

3.

Dwelling, single-family attached.

4.

Home occupation.

c.

Civic use types.

1.

Religious assembly.

2.

Public utility, minor.

d.

Recreational use types, public.

1.

Public parks and recreation areas.

2.

Public recreation assembly.

e.

Miscellaneous use types.

1.

Accessory uses and accessory buildings or structures.

2.

Traditional neighborhood mixed-use development.

(2)

Uses and structures permitted by special use permit. The following uses and structures are permitted in the R-2 District, subject to a special use permit as set forth in article II, division 4 of this chapter:

a.

Residential use types.

1.

Manufactured homes.

2.

Accessory apartment.

b.

Group home use types.

1.

Adult day care center.

2.

Assisted living facility.

3.

Child day care center.

4.

Family day home.

5.

Life care facility.

c.

Civic use types.

1.

Schools.

2.

Religious assembly.

d.

Commercial use types.

1.

Bed and breakfasts.

(Code 1996, § 114-47; Ord. of 2-10-2014, § 2)

(a)

Lot area and lot width requirements. The minimum lot size in the R-2 District is 8,000 square feet. The minimum lot frontage width on a public street shall be 60 feet.

(b)

Lot coverage requirements. Principal and accessory structures on any lot in an R-2 District shall not cover more than 30 percent of the area of the lot.

(c)

Yard requirements. The following yard requirements shall be applicable in the R-2 District. (See article IV, division 7 of this chapter for supplemental yard regulations.)

(1)

Front yard: 25 feet, or where new infill development occurs in an established neighborhood. With built conditions, the front yard shall be the same as the existing setback of structures adjacent to the infill lot, or the average setback of structures on adjacent lots or on the same block. In the case of existing structures with front porches, the primary building wall of the infill building shall not extend beyond the primary building wall of adjacent structures.

(2)

Side yard: five feet. In the case of a corner lot, the minimum width of the side yard adjacent to the right-of-way shall be no less than 13 feet.

(3)

Rear yard: 25 feet.

(d)

Height limit. No building or structure in the R-2 District shall exceed a height of 35 feet. (See article IV, division 7 of this chapter, for supplemental height regulations.)

(Code 1996, § 114-48; Ord. of 2-10-2014, § 2; Ord. of 6-8-2015(1) , § III)

This division applies to the R-3 Medium Density Residential District. Pursuant to the general purposes of this chapter, the intent of the R-3 Medium Density Residential District is to provide for established, traditional residential neighborhoods on small lots with diverse community amenities including connected streets, pedestrian sidewalks and features, public utilities, and stormwater management facilities constructed in accordance with adopted design standards.

(Code 1996, § 114-49; Ord. of 2-10-2014, § 2)

All permitted uses shall be subject to the applicable provisions of this chapter and any use and design standards set forth in article IV, division 7 of this chapter. For any use not identified, the zoning administrator may determine that such use is substantially the same as another use otherwise permitted in the district. The decision of the zoning administrator shall be in writing for future reference.

(1)

Uses and structures permitted by right. The following uses and structures are permitted in the R-3 Medium Density Residential District:

a.

Agriculture and forestry use types.

1.

Community garden.

b.

Residential use types.

1.

Dwelling, single-family.

2.

Dwelling, two-family.

3.

Dwelling, single-family attached.

4.

Home occupation.

c.

Civic use types.

1.

Religious assembly.

d.

Recreational use types.

1.

Public parks and recreation areas.

2.

Public recreation assembly.

e.

Miscellaneous use types.

1.

Accessory uses and accessory buildings and structures.

2.

Traditional neighborhood mixed-use development.

(2)

Uses and structures permitted by special use permit. The following uses and structures are permitted in the R-3 District, subject to a special use permit as set forth in article II, division 4 of this chapter:

a.

Residential use types.

1.

Manufactured homes.

2.

Townhouses.

3.

Accessory apartment.

b.

Group home use types.

1.

Adult day care center.

2.

Assisted living facility.

3.

Child day care center.

4.

Family day home.

5.

Life care facility.

c.

Civic use types.

1.

Schools.

2.

Cemeteries.

d.

Commercial use types.

1.

Bed and breakfasts.

(Code 1996, § 114-50; Ord. of 2-10-2014, § 2)

(a)

Lot area and lot width requirements. The minimum lot size in the R-3 District shall be 5,000 square feet. The minimum lot frontage width on a public street shall be 50 feet.

(b)

Lot coverage requirements. Principal and accessory structures on any lot in an R-3 District shall not cover more than 40 percent of the area of the lot.

(c)

Yard requirements. The following yard requirements shall be applicable in the R-3 District. (See article IV, division 7 of this chapter, for supplemental yard regulations.)

(1)

Front yard: 25 feet, or where new infill development occurs in an established neighborhood with built conditions, the front yard shall be the same as the existing setback of structures adjacent to the infill lot, or the average setback of structures on adjacent lots or on the same block. In the case of existing structures with front porches, the primary building wall of the infill building shall not extend beyond the primary building wall of adjacent structures.

(2)

Side yard: five feet. In the case of a corner lot, the minimum width of the side yard adjacent to the right-of-way shall be no less than 13 feet.

(3)

Rear yard: 25 feet.

(d)

Height limit. No building or structure in the R-3 District shall exceed a height of 35 feet. (See article IV, division 7 of this chapter, for supplemental height regulations.)

(Code 1996, § 114-51; Ord. of 2-10-2014, § 2; Ord. of 6-8-2015(1) , § III)

This division applies to the R-4 High Density Residential District. Pursuant to the general purposes of this chapter, the intent of the R-4 High Density Residential District is to provide for dense, carefully planned residential developments with diverse community amenities that offer a variety of housing types, styles and options. These districts are located convenient to supporting public facilities and community services.

(Code 1996, § 114-52; Ord. of 2-10-2014, § 2)

All permitted uses shall be subject to the applicable provisions of this chapter and any use and design standards set forth in article IV, division 7 of this chapter. For any use not identified, the zoning administrator may determine that such use is substantially the same as another use otherwise permitted in the district. The decision of the zoning administrator shall be in writing for future reference.

(1)

Uses and structures permitted by right. The following uses and structures are permitted in the R-4 High Density Residential District:

a.

Agriculture and forestry use types.

1.

Community garden.

b.

Residential use types.

1.

Dwelling, single-family.

2.

Dwelling, two-family.

3.

Dwelling, single-family attached.

4.

Townhouses.

5.

Dwelling, multifamily.

6.

Home occupation.

c.

Civic use types.

1.

Religious assembly.

2.

Schools.

3.

Public utility minor.

d.

Recreational use types.

1.

Public parks and recreation areas.

2.

Public recreation assembly.

e.

Miscellaneous use types.

1.

Accessory uses and accessory buildings or structures.

2.

Traditional neighborhood mixed-use development.

(2)

Uses and structures permitted by special use permit. The following uses and structures are permitted in the R-4 District, subject to a special use permit as set forth in article II, division 4 of this chapter:

a.

Group home use types.

1.

Adult day care center.

2.

Assisted living facility.

3.

Child day care center.

4.

Family day home.

5.

Life care facility.

b.

Civic use types.

1.

Cemetery.

c.

Recreational use types.

1.

Commercial outdoor sports and recreation.

2.

Commercial indoor sports and recreation.

d.

Commercial use types.

1.

Bed and breakfasts.

2.

Grocery store, less than 5,000 square feet.

(Code 1996, § 114-53; Ord. of 2-10-2014, § 2)

(a)

Lot area, lot width and density requirements. The minimum lot area in the R-4 District shall be 5,000 square feet, or as set forth in the design and use standards in article IV, division 7 of this chapter. The minimum lot frontage width on a public street shall be 50 feet, or as set forth in the design and use standards in article IV, division 7 of this chapter.

(b)

Lot coverage requirements. Principal and accessory structures on any lot in an R-4 District shall not cover more than 50 percent of the area of the lot.

(c)

Yard requirements. The following yard requirements shall apply in the R-4 Residential District. (See article IV, division 7 of this chapter, for supplemental yard regulations and yards for single-family attached dwellings.)

(1)

Front yard: 25 feet, or where new infill development occurs in an established neighborhood with built conditions, the front yard shall be the same as the existing setback of structures adjacent to the infill lot, or the average setback of structures on adjacent lots or on the same block. In the case of existing structures with front porches, the primary building wall of the infill building shall not extend beyond the primary building wall of adjacent structures.

(2)

Side yard: Five feet. In the case of a corner lot, the minimum width of the side yard adjacent to the right-of-way shall be no less than 13 feet.

(3)

Rear yard: 25 feet.

(d)

Height limit. No building or structure in the R-4 Residential District shall exceed a height of 45 feet.

(Code 1996, § 114-54; Ord. of 2-10-2014, § 2; Ord. of 6-8-2015(1) , § III)

This division applies to the B-1 Neighborhood Business District. The intent of the B-1 Neighborhood Business District is to provide accessible, compatible, and supportive mixed-use residential and small business development within and adjacent to neighborhoods.

(Code 1996, § 114-55; Ord. of 2-10-2014, § 2)

All permitted uses shall be subject to the applicable provisions of this chapter and any use and design standards set forth in article IV, division 7 of this chapter. For any use not identified, the zoning administrator may determine that such use is substantially the same as another use otherwise permitted in the district. The decision of the zoning administrator shall be in writing for future reference.

(1)

Uses permitted by right. The following uses are permitted in the B-1 Neighborhood Business District, subject to all other applicable requirements of this chapter:

a.

Residential use types.

1.

Dwelling, single-family.

2.

Dwelling, two-family.

3.

Dwelling unit above first floor commercial uses.

b.

Group home use types.

1.

Adult day care center.

2.

Assisted living facility.

3.

Child day care center.

4.

Family day home.

5.

Life care facility.

c.

Civic use types.

1.

Library.

2.

Religious assembly.

3.

School.

4.

Public utility, major and minor.

5.

Public maintenance and service facility.

6.

Transportation terminal.

d.

Recreational use types.

1.

Public parks and recreation area.

2.

Public recreation assembly.

e.

Office use types.

1.

General office, less than 1,500 square feet in size.

2.

Medical office, less than 1,500 square feet in size.

3.

Bank (without drive-through window).

f.

Commercial use types.

1.

Restaurant.

2.

Restaurant, fast food.

3.

Bakery.

4.

Retail shop less than 1,500 square feet in size.

5.

Convenience store with no gas pumps.

6.

Service and personal service businesses with no outdoor storage of merchandise.

7.

Bed and breakfast.

8.

Laundromat.

9.

Taxi and limousine service.

10.

Dance hall.

11.

Pawn shop.

12.

Funeral home.

g.

Miscellaneous use types.

1.

Traditional neighborhood mixed-use developments.

2.

Art studio and galleries.

3.

Museums.

4.

Accessory uses.

5.

Accessory building and structures.

6.

Skill games.

(2)

Uses and structures permitted by special use permit. The following uses and structures are permitted in the B-1 Neighborhood Business District, subject to a special use permit as set forth in article II, division 4 of this chapter:

a.

Residential use types.

1.

Townhouses.

b.

Group home use types.

1.

Adult living facility.

2.

Life care facility.

c.

Commercial use types.

1.

Grocery store, less than 15,000 square feet.

2.

Gas station/convenience store, with no more than four gas pumps.

3.

Auto service center.

d.

Recreational use types.

1.

Commercial outdoor sports and recreation.

2.

Commercial indoor sports and recreation.

(Code 1996, § 114-56; Ord. of 2-10-2014, § 2; Ord. of 5-12-2014, § IV; Ord. of 5-11-2015(1) , § I; Ord. of 8-31-2015(1) , § V; Ord. of 10-5-2020, § IV)

(a)

Lot requirements. The minimum lot size shall be 5,000 square feet.

(b)

Yard requirements. The following yard requirements shall apply in the B-1 Neighborhood Business District. Additional yard provisions may apply for screening or buffering as provided for in article IV, division 7 of this chapter:

(1)

Front yard: 20 feet or, where new infill development occurs in an established neighborhood with built conditions, the front yard shall be the same as the existing setback of structures adjacent to the infill lot, or the average setback of structures on adjacent lots or on the same block. In the case of existing structures with front porches, the primary building wall of the infill building shall not extend beyond the primary building wall of adjacent structures.

(2)

Side yards: Five feet. In the case of a corner lot, the minimum width of the side yard adjacent to the right-of-way shall be no less than 13 feet.

(3)

Rear yard: 15 feet.

(c)

Height limit. No building or structure in the B-1 Neighborhood Business District shall exceed a height of 35 feet.

(Code 1996, § 114-57; Ord. of 2-10-2014, § 2; Ord. of 6-8-2015(1) , § III)

This division applies to the B-2 General Business District. The intent of the B-2 General Business District is to accommodate a wide range of retail and service uses along primary transportation routes in a manner that achieves attractive corridor development and is compatible with adjacent residential uses.

(Code 1996, § 114-58; Ord. of 2-10-2014, § 2)

All permitted uses shall be subject to the applicable provisions of this division and any use and design standards set forth in article IV, division 7 of this chapter. For any use not identified, the zoning administrator may determine that such use is substantially the same as another use otherwise permitted in the district. The decision of the zoning administrator shall be in writing for future reference.

(1)

Uses and structures permitted by right. The following uses are permitted in the B-2 General Business District, subject to all other applicable requirements of this division:

a.

Residential use types.

1.

Dwelling, single-family.

2.

Dwelling, multifamily.

3.

Dwelling unit above first floor commercial uses.

b.

Civic use types.

1.

Club.

2.

Religious assembly.

3.

School.

4.

Public utility, major and minor.

5.

Transportation terminal.

6.

Safety service.

7.

Post office.

c.

Group home use types.

1.

Adult day care center.

2.

Assisted living facility.

3.

Child day care center.

4.

Family day home.

5.

Life care facility.

d.

Recreational use types.

1.

Public park and recreation area.

2.

Public recreation assembly.

e.

Office use types.

1.

General office.

2.

Medical office and clinic.

3.

Bank or financial service.

4.

Contractors office.

f.

Commercial use types.

1.

Hotel, motel.

2.

Conference center.

3.

Automobile renting/leasing.

4.

Auto and truck general repair establishment.

5.

Auto service center.

6.

Car wash.

7.

Bed and breakfast.

8.

Garden center, greenhouse.

9.

Restaurant.

10.

Restaurant, drive-in.

11.

Restaurant, fast food.

12.

Bakeries.

13.

Grocery stores.

14.

Retail store and shopping center less than 50,000 square feet.

15.

Convenience store with gas pump.

16.

Service and personal service businesses.

17.

Laundromat.

18.

Auto sales and service, with exception of auction facilities.

19.

Building supply and materials.

20.

Veterinary and animal services.

21.

Funeral homes.

22.

Crematory.

23.

Taxi and limousine service.

24.

Dance hall.

25.

Pawn shop.

26.

Gasoline service station.

27.

Self-service gasoline service station.

28.

Distillery.

29.

Micro-brewery.

30.

Micro-winery.

g.

Miscellaneous use types.

1.

Traditional neighborhood mixed use developments.

2.

Art studio and galleries.

3.

Museums.

4.

Auction galleries.

5.

Accessory uses.

6.

Accessory buildings and structures.

7.

Skill games.

(2)

Special uses. The following uses are permitted in the B-2 General Business District, subject to a special use permit as set forth in article II, division 4 of this chapter:

a.

Recreational use types.

1.

Commercial indoor amusement.

2.

Commercial indoor entertainment.

3.

Commercial indoor sports and recreation.

4.

Commercial outdoor entertainment.

5.

Commercial outdoor sports and recreation.

b.

Commercial use types.

1.

Retail stores and shopping centers over 50,000 square feet.

2.

Flea markets.

3.

Auction galleries.

4.

Mini-warehouses.

5.

Body piercing salons.

6.

Tattoo parlors.

7.

Shooting ranges, indoor.

8.

Open-warehouse storage.

(Code 1996, § 114-59; Ord. of 2-10-2014, § 2; Ord. of 5-11-2015(1) , § I; Ord. of 6-8-2015(1) , § I; Ord. of 4-9-2018 , § IV; Ord. of 10-5-2020, § IV)

(a)

Lot requirements. There shall be no minimum lot area or lot width requirements.

(b)

Yard requirements. The following yard requirements shall apply in the B-2 General Business District. Additional yard provisions may apply for screening or buffering as provided for in supplemental development standards in article IV, division 7 of this chapter:

(1)

Front yard: 20 feet. Areas devoted to the parking or circulation of vehicles shall be separated from public streets by a landscaped area of not less than ten feet in depth.

(2)

Side yards: Zero.

(3)

Rear yard: Zero.

(c)

Height limit. No building or structure in the B-2 District shall exceed a height of 60 feet.

(Code 1996, § 114-60; Ord. of 2-10-2014, § 2)

This division applies to the B-3 Central Business District. The intent of the B-3 Central Business District is to provide for a densely developed and pedestrian-oriented downtown business district that includes diverse business services and opportunities for residential uses above storefronts. Development standards promote compact placement of buildings without setbacks, connected and uninterrupted public sidewalks, preservation of the built architectural context, and compatible new infill development.

(Code 1996, § 114-61; Ord. of 2-10-2014, § 2)

All permitted uses shall be subject to the applicable provisions of this chapter and any use and design standards set forth in article IV, division 7 of this chapter. For any use not identified, the zoning administrator may determine that such use is substantially the same as another use otherwise permitted in the district. The decision of the zoning administrator shall be in writing for future reference.

(1)

Uses and structures permitted by right. The following uses and structures are permitted in the B-3 Central Business District:

a.

Residential use types.

1.

Dwelling unit above first floor commercial uses.

2.

Bed and breakfasts.

b.

Civic use types.

1.

Public assembly.

2.

Club.

3.

Religious assembly.

4.

School.

5.

Public utility, minor.

6.

Transportation terminal.

7.

Safety services.

8.

Post office.

c.

Recreational use types.

1.

Public park and recreation area.

2.

Public recreation assembly.

d.

Office use types.

1.

General office.

2.

Medical office and clinics.

3.

Bank or financial service.

4.

Contractors office.

e.

Commercial use types.

1.

Restaurant.

2.

Restaurant, fast food.

3.

Retail store less than 20,000 square feet.

4.

Service and personal service businesses.

5.

Hotels.

6.

Conference center.

7.

Grocery store, less than 20,000 square feet.

8.

Farmers market.

9.

Parking garage and parking lot.

10.

Taxi and limousine service.

11.

Dance hall.

12.

Pawn shop.

13.

Funeral home.

14.

Distillery.

15.

Micro-brewery.

16.

Micro-winery.

f.

Miscellaneous use types.

1.

Traditional neighborhood mixed use developments.

2.

Art studio and gallery museums.

3.

Accessory uses.

4.

Accessory buildings and structures.

5.

Skill games.

(2)

Special uses. The following uses and structures are permitted in the B-3 Central Business District, subject to a special use permit as set forth in article II, division 7 of this chapter:

a.

Residential use types.

1.

Dwelling units in buildings existing at the time of adoption of this article.

b.

Civic use types.

1.

Churches.

c.

Commercial use types.

1.

Retail stores greater than 20,000 square feet.

2.

Auto sales and service, with no auction facilities.

3.

Recreation and entertainment facilities.

d.

Recreational use types.

1.

Commercial park and recreation use.

2.

Commercial indoor entertainment.

3.

Shooting range, indoor.

(Code 1996, § 114-62; Ord. of 2-10-2014, § 2; Ord. of 5-11-2015(1) , § I; Ord. of 8-31-2015(1) , § V; Ord. of 4-9-2018 , § IV; Ord. of 10-5-2020, § IV)

(a)

Lot requirements. There shall be no minimum lot area or lot width requirements.

(b)

Yard requirements. The following yard requirements shall apply in the B-3 Central Business District (see article IV, division 7 of this chapter for supplemental yard, transitional yard and screening requirements):

(1)

Front yard: Zero.

(2)

Side yards: Zero.

(3)

Rear yard: Zero.

(c)

Height limit. No building or structure in the B-3 Central Business District shall exceed a height of 60 feet.

(Code 1996, § 114-63; Ord. of 2-10-2014, § 2)

This division applies to the B-4 Downtown Business Expansion District. The purpose of the Downtown Business Expansion District is to provide for compatible, mixed-use development adjacent to the Downtown Business District to allow for revitalization and redevelopment of areas in transition. This district provides flexibility in permitted land uses to enable the gradual evolution of existing residential, business and light industrial uses influenced by conflicting land uses or development to new land uses that will encourage investment and reduce blighting or incompatible conditions.

(Code 1996, § 114-63.1; Ord. of 5-12-2014, § III)

All permitted uses shall be subject to the applicable provisions of this chapter and any use and design standards set forth in article IV, division 7 of this chapter. For any use not identified, the zoning administrator may determine that such use is substantially the same as another use otherwise permitted in the district. The decision of the zoning administrator shall be in writing for future reference.

(1)

Uses and structures permitted by right. The following uses are permitted in the B-4 General Business District, subject to all other applicable requirements of this chapter:

a.

Residential use types.

1.

Dwelling, single-family.

2.

Dwelling, multifamily.

3.

Dwelling unit above first floor commercial uses.

4.

Civic use type.

5.

Club.

6.

Religious assembly.

7.

School.

8.

Public utility, major and minor.

9.

Transportation terminal.

10.

Safety services.

11.

Post office.

b.

Group home use types.

1.

Adult day care center.

2.

Adult living facility.

3.

Child day care center.

4.

Family day home.

5.

Life care facility.

c.

Recreational use types.

1.

Public park and recreation area.

2.

Public recreation assembly.

d.

Office use types.

1.

General office.

2.

Medical office and clinics.

3.

Bank or financial service.

4.

Contractors office.

e.

Commercial use types.

1.

Hotels, motels.

2.

Conference center.

3.

Automobile renting/leasing.

4.

Auto and truck general repair establishment.

5.

Auto service center.

6.

Car wash.

7.

Bed and breakfast.

8.

Garden center, greenhouse.

9.

Restaurant.

10.

Restaurant, drive-in.

11.

Restaurant, fast food.

12.

Bakery.

13.

Grocery store.

14.

Retail store and shopping center less than 50,000 square feet.

15.

Convenience store with gas pumps.

16.

Service and personal service business.

17.

Laundromat.

18.

Auto sales and service, with the exception of auction facilities.

19.

Building supply and material.

20.

Veterinary and animal service.

21.

Funeral home.

22.

Crematory.

23.

Taxi and limousine service.

24.

Dance hall.

25.

Pawn shop.

26.

Gasoline service station.

27.

Self-service gasoline service station.

28.

Distillery.

29.

Micro-brewery.

30.

Micro-winery.

f.

Industrial use types.

1.

Light manufacturing processing, fabrication, assembly or production.

g.

Miscellaneous use types.

1.

Traditional neighborhood mixed use developments.

2.

Art studio and galleries.

3.

Museums.

4.

Auction galleries.

5.

Accessory uses.

6.

Accessory buildings and structures.

7.

Skill games.

(2)

Special uses. The following uses are permitted in the B-4 General Business District, subject to a special use permit as set forth in article II, division 4 of this chapter:

a.

Recreational use types.

1.

Commercial indoor amusement.

2.

Commercial indoor entertainment.

3.

Commercial indoor sports and recreation.

4.

Commercial outdoor entertainment.

5.

Commercial outdoor sports and recreation.

b.

Commercial use types.

1.

Retail stores and shopping centers over 50,000 square feet.

2.

Flea markets.

3.

Auction galleries.

4.

Mini-warehouses.

5.

Body piercing salons.

6.

Tattoo parlors.

7.

Open-warehouse storage.

(Code 1996, § 114-63.2; Ord. of 5-12-2014, § III; Ord. of 5-11-2015(1) , § I; Ord. of 6-8-2015(1) , § I; Ord. of 4-9-2018 , § IV; Ord. of 10-5-2020, § IV)

(a)

Lot requirements. There shall be no minimum lot area or lot width requirements.

(b)

Yard requirements. The following yard requirements shall apply in the B-4 General Business District. Additional yard provisions may apply for screening or buffering as provided for in supplemental development standards in article IV, division 7 of this chapter.

(1)

Front yard: 20 feet. Areas devoted to the parking or circulation of vehicles shall be separated from public streets by a landscaped area of not less than ten feet in depth.

(2)

Side yard: Zero.

(3)

Rear yard: Zero.

(c)

Height limit. No building or structure in the B-4 District shall exceed a height of 45 feet.

(Code 1996, § 114-63.3; Ord. of 5-12-2014, § III)

This division applies to the DR-1 Dan River District. Pursuant to the general purposes of this chapter, the intent of the DR-1 Dan River District is to:

(1)

Protect property investment and the public health welfare and safety in flood hazard areas adjacent to the Dan River;

(2)

Provide for compatible nonresidential uses that may be established within the designated Dan River Floodway Zone; and

(3)

Support and supplement regulations adopted for the purposes of compliance with FEMA and Federal Flood Insurance Program for the benefit of the citizens of the town;

(4)

Facilitate the gradual transition of developed areas in the town that lie within the floodway to appropriate land uses that protect environmental quality and ensure the safety of property and the public in floodprone areas.

(Code 1996, § 114-64; Ord. of 2-10-2014, § 2)

The following uses are permitted in the DR-1 Dan River District, provided that any use and construction complies with all applicable adopted floodway regulations:

(1)

Agricultural and forestry use types.

a.

Agriculture.

b.

Forestry.

(2)

Civic use types.

a.

Public facilities and utilities (major and minor).

(3)

Recreational use types.

a.

Public park and recreation area.

b.

Public recreation assembly.

(4)

Office use types.

a.

Bank or financial service.

b.

Office, general and medical, less than 1,500 square feet.

(5)

Commercial use types.

a.

Convenience store, without gas.

b.

Motor vehicle and boat sales, service, repair.

c.

Restaurant.

d.

Retail shop, less than 1,500 square feet.

e.

Service and personal service business.

(6)

Miscellaneous use types.

a.

Accessory uses.

b.

Accessory buildings and structures.

(Code 1996, § 114-65; Ord. of 2-10-2014, § 2)

(a)

Lot requirements. There shall be no minimum lot area or lot width requirements.

(b)

Yard requirements. The following yard requirements shall apply in the DR-1, Dan River District (see article IV, division 7 of this chapter for supplemental yard, transitional yard and screening requirements):

(1)

Front yard. There shall be a front yard of not less than 20 feet, provided that areas devoted to the parking or circulation of vehicles shall be separated from public streets by yards of not less than ten feet in depth which shall be graded and landscaped with grass, other vegetative ground cover, shrubs, trees or other plant materials in a manner that will prevent erosion, accumulation or spread of dust and collection of surface water or drainage thereof onto adjacent areas.

(2)

Side yards. No side yards shall be required, provided that where a side lot line abuts or is situated across an alley from property located in a residential district, transitional yard and screening requirements as specified in article IV, division 7 of this chapter shall be met.

(3)

Rear yard. No rear yard shall be required, provided that where a rear lot line abuts or is situated across an alley from property located in a residential district, transitional yard and screening requirements as specified in article IV, division 7 of this chapter shall be met.

(c)

Height limit. No building or structure in the Dan River District shall exceed a height of 35 feet.

(Code 1996, § 114-66; Ord. of 2-10-2014, § 2)

This division applies to the M-1 General Industrial District. The intent of the M-1 General Industrial District is to provide appropriate locations on primary transportation corridors for industrial and manufacturing businesses that involve minimal noise, smoke, odor and other potential nuisance factors. Development standards promote attractive site design and ensure compatibility among uses and with adjacent land uses.

(Code 1996, § 114-69; Ord. of 2-10-2014, § 2)

All permitted uses shall be subject to the applicable provisions of this chapter and any use and design standards set forth in article IV, division 7 of this chapter. For any use not identified, the zoning administrator may determine that such use is substantially the same as another use otherwise permitted in the district. The decision of the zoning administrator shall be in writing for future reference.

(1)

Uses and structures permitted by right. The following uses and structures are permitted in the M-1 General Industrial District:

a.

Civic use types.

1.

School.

2.

Public utility, minor.

3.

Public utility, major.

b.

Office use types.

1.

General office.

2.

Medical office and clinic.

3.

Personal service business.

4.

Service business.

c.

Industrial use types.

1.

Light industrial businesses.

2.

Light industrial fabrication and processing businesses.

3.

Manufacturing operations.

4.

Warehousing operations.

5.

Business parks, planned.

d.

Recreational use types.

1.

Public parks and recreation areas.

e.

Miscellaneous use types.

1.

Construction equipment businesses and storage.

2.

Screened material storage yards, except automobile salvage yards.

(2)

Special uses. The following uses and structures are permitted in the M-1 General Industrial District, subject to a special use permit as set forth in article II, division 7 of this chapter:

a.

Recreational use types.

1.

Commercial parks and recreation areas.

b.

Miscellaneous use types.

1.

Recycling operations, except automobile salvage.

2.

Commercial parks and recreation areas.

(Code 1996, § 114-70; Ord. of 2-10-2014, § 2)

(a)

Lot requirements. There shall be no minimum lot area or lot width requirements.

(b)

Yard requirements. The following yard requirements shall apply in the M-1 General Industrial District. Additional yard provisions may apply for screening or buffering as provided for in supplemental development standards in article IV, division 7 of this chapter:

(1)

Front yard: 25 feet. Areas devoted to the parking or circulation of vehicles shall be separated from public streets by a landscaped area of not less than ten feet in depth.

(2)

Side yards: Zero.

(3)

Rear yard: Zero.

(c)

Location and screening of certain outdoor activities. Areas devoted to outdoor storage of materials, supplies, equipment or outdoor servicing, truck loading and unloading, trash collection or similar activity shall not be located within any required front yard, and shall be screened from all adjacent streets and properties by buildings or by solid structural fences, walls or evergreen vegetative material not less than six feet in height. Structural screening shall consist of solid masonry walls, uniformly painted or stained wood fences or combinations thereof. Chain link, wire mesh or similar fence material shall not be permitted for required screening purposes.

(d)

Height limit. No building or structure in the M-1 District shall exceed a height of 60 feet.

(Code 1996, § 114-71; Ord. of 2-10-2014, § 2)

This division applies to the MHP Manufactured Home Park District. The intent of the MHP Manufactured Home Park District is to provide for compact, affordable housing alternatives in appropriate locations that meet site and development standards established to promote a compatible and desirable residential environment served by public facilities and services.

(Code 1996, § 114-72; Ord. of 2-10-2014, § 2)

The following uses and structures are permitted in the MHP Manufactured Home Park District, subject to all other applicable requirements of this chapter:

(1)

Manufactured home parks and supporting accessory structures, provided that a site plan, as set forth in article II of this chapter, shall be required for each manufactured home park and for any expansion of an existing manufactured home park;

(2)

Manufactured homes located within approved manufactured home parks.

(Code 1996, § 114-73; Ord. of 2-10-2014, § 2)

The following development standards shall be applicable to manufactured home parks. A preliminary development plan shall be submitted at the time of application for rezoning showing generally the manner in which the development standards will be satisfied.

(1)

Minimum site size. Five contiguous acres.

(2)

Maximum density. Six units per acre.

(3)

Minimum area of manufactured home space. Five thousand square feet.

(4)

Minimum dimensions of manufactured home space. Fifty feet in width and 100 feet in length.

(5)

Street frontage. Every manufactured home park shall have not less than 200 feet of frontage on an improved public street. Each manufactured home space shall have frontage on and access to a public street or private street constructed in accordance with standards approved by the town council.

(6)

Yards.

a.

Yards in general. No manufactured home or other building or structure shall be located within ten feet of a boundary of a manufactured home space.

b.

Front yards. No manufactured home, accessory structure or other building or structure within a manufactured home park shall be located within 20 feet of an interior roadway or within 25 feet of any public street right-of-way.

c.

Separation between manufactured homes. No manufactured home shall be located within 30 feet of any other manufactured home.

(7)

Buffer. A landscaped buffer area of not less than 25 feet in width shall be provided adjacent to all boundaries of a manufactured home park. Such buffer area shall not be occupied by any manufactured home space, building, structure, parking area, improved area for active recreation purposes or roadway, other than an approved means of access to an abutting public street. Along exterior boundaries abutting properties other than public streets, such buffer area shall include continuous solid fencing or evergreen vegetative material not less than six feet in height with no openings to adjoining privately owned properties.

(8)

Recreation area. Every manufactured home park shall include, within its boundaries, areas for indoor or outdoor recreation purposes for common use by residents of the park. Such areas shall in the aggregate consist of not less than ten percent of the gross area of the manufactured home park.

(9)

Improvement requirements.

a.

Sewer and water systems. Every manufactured home park shall be served by public sewer and public water systems connected to each manufactured home unit and to each building or structure containing plumbing facilities.

b.

Storm drainage. Storm drainage facilities shall be provided within each manufactured home park in accordance with a storm drainage plan submitted and approved with the site plan.

c.

Streets, roadways and parking spaces. Streets, roads and common parking areas shall be paved with dust-free, all-weather hard surface material such as asphalt, asphalt and gravel seal coat, concrete, unit pavers or similar material. The width of private streets shall be not less than 20 feet. In any case where parking is situated along a street, additional width shall be provided as necessary to meet required parking space dimensions and to maintain a usable traffic way width of not less than 20 feet.

d.

Traffic control. Signs shall be installed within a manufactured home park as needed for purposes of traffic control and safety.

e.

Lighting. Lighting shall be installed along streets within a manufactured home park and adjacent to common facilities serving residents of the park.

f.

Underground utilities. All utilities within a manufactured home park shall be installed underground, provided that waiver of this requirement may be recommended by the planning commission and approved by the town council when it is determined that soil or topographic conditions make such requirement impracticable.

g.

Refuse facilities. Refuse containers of adequate capacity to meet the needs of all manufactured home units and common facilities shall be provided for the deposit and collection of refuse. Containers serving individual manufactured home units and containers serving common facilities within the manufactured home park shall be located or screened so as not to be visible from public or private streets or properties adjacent to the park.

h.

Delineation of spaces. Each manufactured home space shall be clearly delineated with permanent markers at each corner and shall be identified with the space number as shown on the approved plans.

(Code 1996, § 114-74; Ord. of 2-10-2014, § 2)

(a)

Completion of improvements. No manufactured home shall be installed until all required improvements have been completed and the zoning administrator has certified that all applicable requirements of this chapter are met. The zoning administrator may approve sections or phases of a manufactured home park for installation of manufactured homes, provided all improvements and development standards requirements are met for a section or phase before any manufactured homes are installed in that section or phase.

(b)

Compliance with building code. All manufactured homes shall be provided with permanent foundations or shall be otherwise anchored and installed in accordance with applicable requirements of the uniform statewide building code. A zoning permit shall be required for each manufactured home prior to installation.

(c)

Skirting. Unless a permanent foundation wall is provided around the full perimeter of the manufactured home, skirting shall be installed and maintained around each manufactured home so as to conceal from view the frame, axles, wheels, crawlspace and all utility connections. Skirting shall be constructed of weather-resistant material and shall meet the requirements of the uniform statewide building code.

(Code 1996, § 114-75; Ord. of 2-10-2014, § 2)

(a)

Rezoning. Except as specifically modified by the provisions of this division, applications for rezoning property to a PD Planned Development District shall be submitted in the same manner and shall be reviewed and considered in the same manner as other applications to change the zoning classification of property by amendment to the official zoning map as set forth in article II, division 6 of this chapter. A master plan for the development of each PD District shall be submitted by the applicant as part of the application for rezoning. Upon approval by the town council, the standards and requirements set forth in such master plan, together with the applicable requirements of this chapter and any conditions proffered by the owner, shall constitute the regulations applicable within the particular PD District.

(b)

Master plan. Every application for rezoning to a PD District shall include a master plan for development of the site. The master plan shall consist of not less than the following written and graphic information, in such number as specified by policy of the planning commission, prepared in sufficient detail and scale and with sufficient clarity to accurately depict the nature and character of development proposed within the PD District:

(1)

A plat, legal description of the property and verification of ownership or control by the applicant;

(2)

Existing zoning, uses and structures on the subject site, and existing zoning and use of adjacent properties;

(3)

An inventory of major site characteristics and natural features, including topography with contour intervals of five feet or less, watercourses, water bodies, floodplains, wetlands, wooded areas and other major vegetation features, and historic and archeological resources;

(4)

Description of the proposed development, including its general character, the manner in which it satisfies the purposes and intent of the PD District, means of preserving significant natural features and means of addressing potential impacts on the community and on public services;

(5)

A land use plan for the site, showing specific land uses with schematic typical site plans, access and circulation, general location and arrangement of buildings, parking areas, driveways, pedestrian routes, natural areas to be retained, buffers and open spaces and their functions and general character;

(6)

Statements or graphic representations showing proposed development standards, including minimum lot areas and widths, minimum yards and setbacks, maximum building heights, maximum densities, amount of floor area for each type of land use, numbers of parking spaces and percentage of open space;

(7)

General plans for public services and utilities in sufficient detail to show that necessary services and utilities are available or will be provided to serve the development, including a traffic impact analysis;

(8)

Statements and graphic representations of typical general character and architectural and community design guidelines to be applicable within the development, including street and parking area design standards, landscaping, lighting and signage. Covenants and restrictions, including architectural and building materials guidelines, arrangements for an architectural review committee or other means of implementing such guidelines and for maintenance of open spaces and common areas shall be described in general in the master plan. Detailed covenants and restrictions shall be submitted for approval as to form by the town attorney prior to or at the time of submittal of the first subdivision or site plan;

(9)

Development phasing schedule, including provisions for necessary infrastructure improvements;

(10)

Such other information deemed necessary by the zoning administrator, planning commission or town council to establish that the proposed development complies with the general purposes or specific requirements of this chapter, including such additional information or analyses as may be necessary to evaluate potential impacts of the proposed development on the surrounding area and the town as a whole.

(c)

Review and consideration of application. Prior to submission of the PD District application and master plan, the applicant shall participate in at least one pre-application conference with the zoning administrator and such other officials as the zoning administrator deems appropriate. The purpose of such conference is to discuss the proposed development in general and the application, review and approval process. Following formal submission of the application and master plan, review, consideration and action on the application shall be conducted in accordance with the provisions of article II, division 6 of this chapter. Planning commission action on the application shall include recommendations to the town council regarding the master plan accompanying the application, and the commission may recommend modifications or changes to such master plan. The town council may consider further modifications or changes to the master plan after the planning commission makes its recommendation, provided such are referred to the commission for comment before final action by the council.

(d)

Approval of subdivision and site plans. Prior to any development pursuant to an approved PD District, subdivision plats as normally required by the subdivision ordinance and site plans as normally required by article II of this chapter shall be submitted and approved. Subdivision plats and site plans shall conform to the standards and requirements of the PD District and the master plan approved in conjunction with the district.

(e)

Modifications or amendments to approved master plan. Minor modifications to an approved PD District master plan may be authorized by the zoning administrator when such modifications do not alter the boundaries of the property; conflict with specific requirements of this chapter or any specific standards or requirements set forth in the approved master plan; significantly decrease the width or depth of any yard, setback or buffer area; significantly alter points of access to the property or the internal circulation system; significantly alter the arrangement of major site plan elements; or substantially change the general character, architectural treatment or design of elements of the plan. Changes in an approved PD District master plan, other than minor modifications as described above, shall require formal amendment subject to the same procedures and requirements as a new application.

(f)

Existing development footprint to serve as master plan. For an existing development that is zoned PD District by the town council, the existing development footprint shall serve as the initial adopted master plan. New or expanded development on the property shall require an updated master plan that meets the standards set forth below and in the specific planned district and shall require formal amendment subject to the same procedures and requirements as a new application.

(g)

Failure to submit site plans. Failure of an applicant to submit a subdivision plat or site plan for a first phase of development pursuant to an approved PD District within 24 months of approval of the district shall cause the town council to initiate an ordinance to amend the official zoning map to rezone the property to the classifications existing at the time of initial approval of the PD District.

(Code 1996, § 114-76; Ord. of 2-10-2014, § 2)

(a)

Intent of district. The intent of the PD-R Planned Development Residential District is to provide for planned, coordinated development of residential communities that include a variety of housing types and supporting community services and amenities through application of innovative design and development standards that achieve sufficient public infrastructure, efficient use of land, and preserved natural features and open space.

(b)

Permitted uses and structures. The following uses and structures are permitted in the PD-R District:

(1)

Residential use types.

a.

Dwelling, single-family.

b.

Dwelling, single-family, attached.

c.

Dwelling, two-family.

d.

Townhouse.

e.

Dwelling, multifamily.

f.

Home occupation.

(2)

Civic use types.

a.

Public utility, minor.

(3)

Recreational use types.

a.

Public park and recreation area.

b.

Public recreation assembly.

(4)

Miscellaneous use types.

a.

Accessory uses.

b.

Accessory buildings or structures.

(c)

District size. A PD-R District shall be a minimum of five acres.

(d)

Density. Density shall not exceed ten dwelling units per acre.

(e)

Lot sizes. Minimum lot areas and lot widths for all uses within each PD-R District shall be as specified in the master plan.

(f)

Yard requirements. Minimum yards shall be as specified in the master plan.

(g)

Open space requirements. Not less than 20 percent of the gross area of the PD-R District shall be devoted to common open space meeting the following criteria:

(1)

Common open space shall consist of areas devoted to active or passive recreation or visual enjoyment of all residents of the development, including floodplains, steep slopes and other natural areas. Common open space shall not include streets, parking individual residential yards, or sites reserved for future development.

(2)

Common open space shall provide a continuous and interconnected system that is accessible from all dwelling units within the development.

(h)

Perimeter buffer. A buffer area of not less than 25 feet in width shall be provided around the perimeter of the PD-R District. With the exception of road connections with existing streets for district access, no building, structure or parking area shall be located in the required buffer area.

(i)

Height limits. No building or structure in a PD-R District shall exceed a height of 35 feet.

(j)

Public sewer and water. All lots within a PD-R District shall be served by public sewer and public water systems.

(k)

Underground utilities. All utility lines within a PD-R District shall be underground.

(l)

Streets. Streets within a PD-R District shall be public and constructed in accordance with applicable standards of the town and the state department of transportation.

(m)

Preservation and maintenance of common areas. Provisions shall be made by the developer to ensure preservation and maintenance of required common open space and other common areas and facilities. Appropriate covenants and restrictions providing for preservation and maintenance of such areas and facilities shall be submitted and approved as to form by the town attorney at the time of review of the PD-R District master plan. Final covenants and restrictions shall be submitted for review by the zoning administrator and town attorney, and shall be recorded prior to approval of any site plan.

(Code 1996, § 114-77; Ord. of 2-10-2014, § 2)

(a)

Intent of district. The intent of the Planned Development Mixed Use District is to provide for planned, coordinated development that includes a mixture of residential and supporting business, civic uses, and amenities, designed in accordance with innovative development standards, preservation of natural features, and sufficient public infrastructure.

(b)

Permitted uses. The following use types are permitted in the PD-MU District:

(1)

Residential use types.

a.

Dwelling, single-family.

b.

Dwelling, single-family attached.

c.

Dwelling, two-family.

d.

Townhouse.

e.

Dwelling, multifamily.

f.

Home occupation.

(2)

Civic use types.

a.

Public utility, minor.

b.

Public utility, major.

c.

Religious assembly.

d.

Child day care center.

e.

Adult day care center.

f.

School.

(3)

Recreational use types.

a.

Public park and recreation area.

b.

Public recreation assembly.

c.

Commercial outdoor sports and recreation.

(4)

Commercial use types.

a.

Convenience store, without gas.

b.

Restaurant.

c.

Restaurant, fast food.

d.

Personal service business.

e.

General office.

f.

Medical office.

g.

Hotel.

h.

Life care facility.

(c)

District size. The minimum district size shall be ten acres.

(d)

Density. The density for residential uses shall not exceed ten units per acre.

(e)

Lot sizes. Minimum lot areas and widths for all uses shall be as specified in the master plan.

(f)

Yard requirements. Minimum yards shall be as specified in the master plan.

(g)

Open space requirements. Not less than 20 percent of the gross area of the district shall be dedicated to common open space for active or passive recreation for all residents of the development. Open space shall not include streets or parking areas.

(h)

Height limit. No building or structure shall exceed a height of 35 feet.

(i)

Public sewer and water. All lots shall be served by public water and sewer systems.

(j)

Underground utilities. All utilities shall be located underground.

(k)

Streets. Streets shall be public and constructed in accordance with applicable standards of the town and the state department of transportation. Preservation and maintenance of common areas. The location and maintenance of common areas shall be as specified in the master plan. Appropriate covenants and restrictions providing for preservation and maintenance of such areas and facilities shall be submitted, and approved as to form by the town attorney, at the time of review of the district master plan. Final covenants and restrictions shall be submitted for review by the zoning administrator and town attorney, and shall be recorded prior to approval of any site plan.

(Code 1996, § 114-78; Ord. of 2-10-2014, § 2)

(a)

Intent of district. The intent of the PD-BP Planned Development Business Park District is to provide an attractive and harmonious business park environment for major business employers and light industry, as well as supporting business services.

(b)

Permitted uses and structures. The following uses and structures are permitted in the PD-BP District:

(1)

Civic use types.

a.

School.

b.

Public utility, minor.

c.

Transportation terminal.

d.

Safety service.

e.

Post office.

(2)

Recreational use types.

a.

Public park and recreation area.

b.

Public recreation assembly.

(3)

Office use types.

a.

General office.

b.

Medical office and clinic.

c.

Bank or financial service.

(4)

Commercial use types.

a.

Hotels, motels.

b.

Conference centers.

c.

Restaurants.

d.

Restaurants, fast food.

e.

Service businesses.

(c)

District size. The PD-BP District shall be a minimum of 20 acres.

(d)

Lot sizes. Minimum lot areas and lot widths for all uses within each PD-BP District shall be as specified in the master plan.

(e)

Yard requirements. The following yard requirements shall apply to each lot in the PD-BP District:

(1)

Front yard. A front yard of not less than 30 feet shall be provided.

(2)

Side yards. Side yards of not less than 30 feet shall be provided.

(3)

Rear yard. A rear yard of not less than 30 feet shall be provided.

(f)

Additional development standards. The following development standards shall be applicable in the PD-BP District in addition to the requirements set forth elsewhere in this chapter.

(1)

Open space. At least 20 percent of each lot shall be devoted to open space. Required open space may include landscaped yards and setbacks, landscaped areas not covered by buildings and structures, but parking areas, streets, or driveways or other area for vehicle circulation.

(2)

Landscaping, tree preservation and tree planting requirements along streets. A landscaped setback of not less than 20 feet in depth shall be provided. No building, structure, parking, loading or vehicle circulation area shall be located in the setback area, except approved means of ingress and egress and permitted signs. Such setback areas shall be landscaped with appropriate ground cover and shrubbery, and shall be planted with deciduous trees having a caliper of not less than two inches at the time of planting and at the rate of one tree per 50 feet of linear street frontage. Existing healthy trees with a caliper of ten inches or greater measured two feet above the ground level shall be preserved within such setback area. Credit shall be given on a one for one basis for all healthy trees preserved within the required landscaped setback area.

(3)

Parking. Every parking area containing more than ten parking spaces shall be provided with internal landscaped islands or other landscaped areas comprising not less than five percent of the parking area. Landscaped setback areas and peripheral landscaping shall not be included in calculating such area. Landscaped islands shall be not less than six feet in width and placed in such a manner that not more than 12 parking spaces are situated in a single continuous row. Internal landscaping shall consist of trees, shrubbery, vegetative ground cover, seasonal planting or combinations thereof. Trees located within and immediately adjacent to such parking areas shall be of such species, size and number to provide an estimated canopy within ten years after development of at least ten percent of the total square footage of the parking area. Existing healthy trees retained within or immediately adjacent to a parking area may be counted toward satisfying the tree canopy requirement.

(4)

Perimeter buffer adjacent to residential districts. Where a lot in a PD-BP District is contiguous to property in a residential district, a continuous buffer not less than 50 feet in depth shall be provided. No building, structure, parking, loading or outside storage or service area shall be located within such buffer. Buffers shall contain visually opaque screening not less than six feet in height consisting of continuous structural fences or walls or evergreen vegetative material, or combinations thereof. Earth berms may be used in conjunction with fences, walls or vegetative material to provide the required screening height. Structural or planted screening may be deleted where the buffer is maintained in a natural state, or supplemented with additional planting, and provides the required visual screening. The town council may, at the time of approval of a PD-BP District, reduce this buffer requirement in a specific case if the contiguous property zoned residential is designated in the future land use plan for commercial or industrial use.

(5)

Landscape plan. A landscape plan shall be submitted with the site plan for each stage of development in a PD-BP District and shall show the manner in which the landscaping, screening, tree preservation and buffer requirements of this section will be met. Such plan shall identify specific means by which trees to be preserved shall be protected with barriers during construction.

(6)

Driveways. The detailed location and design of driveways shall be approved in conjunction with site plans and in accordance with design standards and policies of the town. The number of driveways from public streets shall be the minimum necessary to provide safe and efficient ingress and egress, and where multiple driveways are necessary to serve a site, they shall be located as far apart as practicable. Wherever possible, internal streets or service roads providing access to individual development sites and joint driveways serving abutting properties shall be utilized.

(7)

Loading and service areas. Areas for loading and unloading vehicles, service areas and facilities for trash collection shall not be located in front yards, and shall be located or screened so as not to be visible from any street.

(8)

Outside storage. No outside storage of equipment, materials, supplies or products shall be permitted in any front or side yard. Outside storage areas may be provided to the rear of buildings when located or screened so as not to be visible from any street or adjacent property.

(9)

Fencing. No chain link, wire mesh, barbed wire or similar fence material shall be utilized at any location visible from any street.

(10)

Outdoor lighting. Outdoor lighting shall be located, directed or shielded so as not to shine directly or create glare on adjacent properties or streets. Outdoor lighting fixtures shall not exceed 20 feet in height.

(11)

Signs. Signs shall be permitted as in the B-3 Central Business District and set forth in article IV, division 7 of this chapter, except that the maximum permitted sign area on a lot shall be 200 square feet and freestanding signs shall be limited to ground mounted signs not exceeding 36 square feet in area and six feet in height. In addition to other permitted signs, one ground mounted sign not exceeding 36 square feet in area and six feet in height shall be permitted at each public street entrance to the district for purposes of identifying the name of the planned development. An overall signage program for each PD-BP District shall be submitted prior to or at the time of submittal of the first site plan for development in the district.

(g)

Height limit. No building or structure in a PD-BP District shall exceed a height of 35 feet.

(Code 1996, § 114-79; Ord. of 2-10-2014, § 2)

(a)

Intent of district. The intent of the Planned Development Educational and Institutional District is to provide for the orderly development of large-scale educational and institutional campuses with multiple buildings and mixed related uses. Such campus developments may include establishments dedicated to educational, medical, religious, social, governmental, or other similar organizational uses. This district recognizes the complexity and interrelationship of various uses and activities associated with an educational and institutional campus development; it allows flexible design and development options in order to enable design creativity by the campus developer that will promote an organized, attractive campus with integrated pedestrian features, connected streets, environmentally-friendly design, and harmonious development pattern with neighboring land uses.

(b)

Permitted uses and structures. The following uses are permitted in the district:

(1)

Agriculture and forestry use types.

a.

Agriculture.

b.

Community garden.

c.

Forestry.

(2)

Residential use types.

a.

Dwelling, single-family, detached.

b.

Dwelling, single-family, attached.

c.

Dwelling two-family.

d.

Dwelling, townhouse.

e.

Dwelling, multifamily.

(3)

Group home use types.

a.

Adult day care center.

b.

Assisted living facility.

c.

Child day care center.

d.

Life care facility.

(4)

Civic use types.

a.

Religious assembly.

b.

Library.

c.

Public utility, major.

d.

Public utility, minor.

e.

School.

(5)

Recreational use types.

a.

Public park and recreation area.

b.

Public recreation assembly.

c.

Commercial indoor entertainment.

d.

Commercial indoor sports and recreation.

e.

Commercial outdoor entertainment.

f.

Commercial outdoor sports and recreation.

(6)

Office use types.

a.

General office.

b.

Medical office.

c.

Medical clinic.

d.

Laboratory.

(7)

Commercial use types.

a.

Drug store.

b.

Hospital.

c.

Hotel.

d.

Conference facility.

e.

Parking garage.

f.

Parking lot.

g.

Restaurant, no drive-through.

h.

Service business.

(8)

Industrial use types.

a.

Light industry, related to operations

(9)

Miscellaneous use types.

a.

Accessory uses.

b.

Accessory buildings and structures.

c.

Museums.

(c)

Lot development standards, generally. The following lot development standards apply to the Planned Educational and Institutional Development District:

(1)

Lot area, minimum: two acres.

(2)

Lot coverage, maximum: 70 percent lot area.

(3)

Building height, maximum: 60 feet.

(4)

Setback and yard requirements: none, except required buffer yards when adjacent to a residential use outside of the Planned Development District.

(5)

Open space, minimum: 30 percent lot area.

(6)

Parking requirements: per operations, as determined by zoning administrator.

(7)

Landscaping requirements:

a.

Street trees: one per 50 feet of street frontage.

b.

Surface parking areas: one tree per every ten parking spaces.

c.

Street frontage landscaping: planting area minimum of 20 feet in width between building and street.

(8)

Signage permitted: to be determined by zoning administrator and as shown on adopted development plan.

(d)

Master site plan required.

(1)

A master site plan shall accompany the Planned Development Educational and Institutional Development District request. The master site plan shall be the guiding development plan for the campus, both short- and long-term. For existing development designated as Educational and Institutional Planned Development District, the existing buildings and development footprints shall serve as the adopted master plan with the provision that any new development will be permitted only with the adoption of a revised master site plan approved by the planning commission (section 58-690(f)). At a minimum, the master site plan shall include the following:

a.

Campus development and location map. Showing general location of campus, boundaries of campus development, and surrounding land parcels, existing zoning, and building uses.

b.

Grading plan. Showing preliminary grading for site.

c.

Location, size and use of proposed buildings and structures. Showing existing and planned buildings or structures, including development envelopes set aside for expanded development or buildings planned for the long term.

d.

Circulation, transportation and parking plan for the campus. Showing vehicular and pedestrian traffic circulation, location and planned dimensions and design features for connected streets and pedestrian accommodations and linkages, intersections with and proposed expansion of public streets, and location and details of any surface or structured parking areas.

e.

Infrastructure plan for the campus. Showing the availability, location, size and capacity of such utilities as water, sewer, storm drain, electricity, gas, and communications.

f.

Open space and landscaping plan for the campus. Showing the areas to be dedicated as open space, landscaped areas, tree plantings, preserved natural areas, and buffer yards.

g.

Signage plan for the campus. Showing the location, placement, size, and details of signs proposed for the development, as well as directional signage; the signage plan shall set forth a typical signage system and palette that can be used to guide future signs in the planned district that may be approved by the zoning administrator at a later date.

h.

Lighting plan for the campus. Showing the location, placement, height, and illumination proposed for campus buildings, parking, signage, and other activity areas.

(2)

Supporting information that sufficiently describes the general architectural and design features of the proposed campus development patterns and buildings, including phasing and building mass, height, elements, exterior materials, and elevations, if prepared.

(e)

General design principles for campus development.

(1)

Site development.

a.

Grading for campus development shall emphasize natural landforms and scenic vistas.

b.

Existing trees and forested areas shall be preserved to the extent feasible and integrated into the development plan for the campus.

c.

Buildings and activity areas shall be located to minimize impact on any adjacent residential uses and shall include appropriate provisions for buffering, screening and lighting.

d.

Supporting mixed-use development within the campus is encouraged.

(2)

Streets and access.

a.

Street frontages shall be adequately landscaped using trees and ground vegetation.

b.

Streets within the campus shall be connected to encourage multiple alternatives for access.

c.

Pedestrian areas shall be designated clearly and include linkages within the campus to enhance pedestrian access.

d.

Primary streets shall include pedestrian sidewalks.

(3)

Building design.

a.

The architectural composition, scale, elements, and details of a building shall relate to any natural features of the site and complement the character of the surrounding area and development.

b.

Buildings facing public streets shall exhibit attractive architectural features, materials, dimensions and symmetry.

c.

Buildings shall have clearly designated entrances with articulated architectural features and include windows on all public sides.

d.

Building walls shall include dimensional architectural features (e.g., indentations, overhangs, entrance canopies, etc.) to provide attractive building mass and proportional building elements.

e.

Building walls shall be variable and not consist of expansive surfaces without a physical or visual break.

f.

Rooftop equipment shall be located to be reasonably screened from view using positioning, screen walls or other architectural treatments.

(4)

Parking.

a.

Parking shall be located to the sides and rear of buildings where feasible in order to minimize the view of large asphalt parking lots from the primary streets.

b.

One row of parking between the street and the building is acceptable provided there is sufficient setback and landscaping.

(5)

Utilities.

a.

All campus development shall be served by public water and sewer.

b.

Utilities shall be located underground to the extent feasible.

c.

Lighting shall be directed inward to the site, shielded and directed downward to control extraneous light and glare.

d.

Lighting fixtures shall not exceed 25 feet in height.

(6)

Signage.

a.

Signs shall be designed to complement buildings and the overall campus development.

b.

Signs shall be coordinated to fit within an approved signage palette.

(Code 1996, § 114-80; Ord. of 2-10-2014, § 2)

(a)

Purpose.

(1)

The purpose of these provisions 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:

a.

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;

b.

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

c.

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

d.

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

(b)

Applicability. These provisions 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.

(c)

Compliance and liability.

(1)

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

(2)

The degree of flood protection sought by the provisions of this division 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 division 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)

Records of actions associated with administering this division shall be kept on file and maintained by the zoning administrator.

(4)

This division 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 division or any administrative decision lawfully made thereunder.

(d)

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

(e)

Penalty for violations. Any person who fails to comply with any of the requirements or provisions of this division shall be subject to the provisions of article II, division 2 of this chapter, violations and penalties. In addition to the above penalties, all other actions are hereby reserved, including an action in equity for the proper enforcement of this division. Any structure constructed, reconstructed, enlarged, altered or relocated in noncompliance with this division may be declared by the town to be a public nuisance and abatable as such. Flood insurance may be withheld from structures constructed in violation of this division.

(Code 1996, § 114-117; Ord. of 2-10-2014, § 2)

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

Base flood means the flood having a one-percent chance of being equaled or exceeded in any given year.

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

Basement means any area of the building having its floor sub-grade (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 zoning administrator in the interpretation of this division.

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.

Elevated building means a non-basement building built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, or columns (posts and piers).

Encroachment means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain.

Flood or flooding means:

(1)

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

a.

The overflow of inland or tidal waters; or

b.

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

(2)

The collapse or subsistence of land along the shore of a lake or other body of water as a result of erosion or 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 flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in subsection (a)(1) of this definition.

Flood insurance rate map (FIRM) means an official map of a community, on which the administrator has delineated both the special hazard areas and the risk premium zones applicable to the community.

Floodplain or floodprone area means any land area susceptible to being inundated by water from any source.

Floodproofing means any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.

Freeboard means a factor of safety usually expressed in feet above a flood level for purposes of floodplain management. The term "freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization in the watershed.

Highest adjacent grade means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

Historic structure means any structure that is:

(1)

Listed individually in the National Register of Historic Places (a listing maintained by the Department of 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). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of 44 CFR 60.3.

Manufactured home means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes, the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed one on a site for greater than 180 consecutive days.

New construction, for the purposes of determining insurance rates, means structures for which the "start of construction" commenced on or after the effective date of an initial flood insurance rate map on 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 for which start of construction commenced on or after the effective date of a floodplain management regulation adopted by a community 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 temporary living quarters for recreational camping, travel, or seasonal use.

Shallow flooding area means a special flood hazard area with base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

Special flood hazard area means the land in the floodplain subject to a one percent or greater chance of being flooded in any given year as determined in section 58-719(a)(1)c.

Start of construction means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, substantial improvement 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 on 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 the construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

Structure, for floodplain management purposes, means a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. The term "structure," for insurance coverage purposes, means a walled and roofed building, other than a gas or liquid storage tank that is principally above ground and affixed to a permanent site, as well as a manufactured home on a permanent foundation. For the latter purpose, the term "structure" includes a building while in the course of construction, alteration or repair, but does not include building materials or supplies intended for use in such construction, alteration or repair, unless such materials or supplies are within an enclosed building on the premises.

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. The term "substantial improvement" includes structures which have incurred substantial damage regardless of the actual repair work performed. The term "substantial improvement" 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.

Violation means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required by this article is presumed to be in violation until such time as that documentation is provided.

Watercourse means a lake, river, creek, stream, wash, channel or other topographic feature on or over which waters flow at least periodically. The term "watercourse" includes specifically designated areas in which substantial flood damage may occur.

(Code 1996, § 114-118; Ord. of 2-10-2014, § 2)

(a)

Description of district.

(1)

Basis of the district. The floodplain overlay district shall include all special flood hazard areas. The basis for the delineation of these districts shall be the flood insurance study (FIS) and the flood insurance rate maps for the town by the Federal Emergency Management Agency, Federal Insurance Administration, dated September 5, 2008, as amended.

a.

The floodway district is delineated, for the purposes of this division, using the criterion that certain areas within the floodplain must be capable of carrying the waters of the 100-year flood without increasing the water surface elevation of that flood more than one foot at any point. The areas included in this district are specifically defined in the above-referenced flood insurance study and are shown on the accompanying flood boundary and floodway map or flood insurance rate map.

b.

The special floodplain district shall be those areas identified as either an AE Zone or A1-30 Zone on the maps accompanying the flood insurance study for which 100-year flood elevations have been provided but for which no floodway has been delineated.

c.

The approximated floodplain district shall be those areas identified as an A or A99 Zone on the maps accompanying the flood insurance study. In these zones, no detailed flood profiles or elevations are provided, but the 100-year floodplain boundary has been approximated. For these areas, the 100-year flood elevations and floodway information from federal, state and other acceptable sources shall be used when available. Where specific 100-year flood elevation cannot be determined for this area using other sources of data, such as the U.S. Army Corps of Engineers Flood Plain Information Reports, U.S. Geological Survey Floodprone Quadrangles, etc., then 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 by the locality.

d.

The shallow flooding district shall be those areas identified as Zone AO or AH on the maps accompanying the flood insurance study.

(2)

Overlay concept.

a.

The floodplain district described above shall be an overlay to the existing underlying districts as shown on the official zoning ordinance map, and as such, the provisions for the floodplain districts shall serve as a supplement to the underlying district provisions.

b.

If there is any conflict between the provisions or requirements of the floodplain districts and those of any underlying district, the more restrictive provisions and/or those pertaining to the floodplain districts shall apply.

c.

In the event 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.

(b)

Official zoning map. The boundaries of the special flood hazard area and floodplain districts are established as shown on the flood boundary and floodway map and/or flood insurance rate map which is declared to be a part of this division and which shall be kept on file at the office of the town zoning administrator.

(c)

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.

(d)

Interpretation of district boundaries. Initial interpretations of the boundaries of the floodplain districts 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.

(e)

Permit and application requirements.

(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 the provisions of the ordinance, the state uniform statewide building code, all other applicable codes and ordinances, as amended, and the town subdivision regulations. Prior to the issuance of any such permit, the zoning officer shall require all applications to include compliance with all applicable state and federal laws.

(2)

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

a.

The elevation of the base flood for the site.

b.

The elevation of the lowest floor (including basement).

c.

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

(f)

General standards. In all special flood hazard areas the following provisions shall apply:

(1)

New construction and substantial improvements shall be done according to the uniform state building code and anchored to prevent flotation, collapse or lateral movement of the structure.

(2)

Manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable state requirements for resisting wind forces.

(3)

New construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

(4)

New construction or substantial improvements shall be constructed by methods and practices that minimize flood damage.

(5)

Electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities, including duct work, shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

(6)

New and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.

(7)

New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters.

(8)

On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding.

(9)

Any alteration, repair, reconstruction or improvements to a building that is in compliance with the provisions of this article shall meet the requirements of new construction as contained in this article.

(10)

Any alteration, repair, reconstruction or improvements to a building that is not in compliance with the provisions of this article, shall be undertaken only if said nonconformity is not furthered, extended, or replaced.

(11)

In riverine situations, adjacent communities and the department of conservation and recreation (department of floodplain management) shall be notified prior to any alteration or relocation of a watercourse, and copies of such notifications shall be submitted to FEMA.

(12)

The flood carrying capacity within an altered or relocated portion of any watercourse shall be maintained.

(g)

Specific standards. In all special flood hazard areas where base flood elevations have been provided in the flood insurance study or generated according to subsection (a)(2) of this section, the following provisions shall apply:

(1)

Residential construction. New construction or substantial improvement of any residential structure (including manufactured homes) shall have the lowest floor, including basement, elevated no lower than one foot above the base flood elevation.

(2)

Nonresidential construction. New construction or substantial improvement of any commercial, industrial, or nonresidential building (or manufactured home) shall have the lowest floor, including basement, elevated to no lower than one foot above the base flood elevation. Buildings located in all A1-30, AE, and AH Zones may be floodproofed in lieu of being elevated provided that all areas of the building components below the elevation corresponding to the BFE plus one foot are watertight with walls substantially impermeable to the passage of water, and use structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied.

(3)

Elevated buildings. Enclosed areas, of new construction or substantially improved structures, which are below the regulatory flood protection elevation shall:

a.

Not be designed or used for human habitation, but shall only be used for parking of vehicles, building access, or limited storage of maintenance equipment used in connection with the premises. Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of maintenance equipment (standard exterior door), or entry to the living area (stairway or elevator). The interior portion of such enclosed area shall not be partitioned or finished into separate rooms, except to enclose storage areas;

b.

Be constructed entirely of flood resistant materials below the regulatory flood protection elevation;

c.

Include, in Zones A, AO, AE, and A1-30, measures to automatically equalize hydrostatic flood forces on walls by allowing for the entry and exit of floodwaters. To meet this requirement, the openings must either be certified by a professional engineer or architect or meet the following minimum design criteria:

1.

Provide a minimum of two openings on different sides of each enclosed area subject to flooding.

2.

The total net area of all openings must be at least one square inch for each square foot of enclosed area subject to flooding.

3.

If a building has more than one enclosed area, each area must have openings to allow floodwaters to automatically enter and exit.

4.

The bottom of all required openings shall be no higher than one foot above the adjacent grade.

5.

Openings may be equipped with screens, louvers, or other opening coverings or devices, provided they permit the automatic flow of floodwaters in both directions.

6.

Foundation enclosures made of flexible skirting are not considered enclosures for regulatory purposes, and, therefore, do not require openings. Masonry or wood underpinning, regardless of structural status, is considered an enclosure and requires openings as outlined above.

(h)

Standards for manufactured homes and recreational vehicles.

(1)

All manufactured homes placed, or substantially improved, on individual lots or parcels, in expansions to existing manufactured home parks or subdivisions, in a new manufactured home park or subdivision or in an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage as the result of a flood, must meet all the requirements for new construction, including the elevation and anchoring requirements in subsections (f)(1) and (2) of this section.

(2)

All manufactured homes placed or substantially improved in an existing manufactured home park or subdivision must be:

a.

Elevated so that the lowest floor of the manufactured home is elevated no lower than one foot above the base flood elevation; and

b.

Securely anchored to the adequately anchored foundation system to resist flotation, collapse and lateral movement.

(3)

All recreational vehicles placed on sites must either:

a.

Be on the site for fewer than 180 consecutive days;

b.

Be fully licensed and ready for highway use (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); or

c.

Meet all the requirements for manufactured homes in subsection (h)(2) of this section.

(i)

Standards for approximated floodplain. The following provisions shall apply within the approximate floodplain district:

(1)

When base flood elevation data or floodway data have not been provided, the zoning administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state, or any other source, in order to administer the provisions of this section. When such base flood elevation data is utilized, the zoning administrator shall obtain:

a.

The elevation (in relation to the mean sea level) of the lowest floor (including the basement) of all new and substantially improved structures; and

b.

If the structure has been floodproofed in accordance with the requirements of subsection (g) of this section, the elevation in relation to the mean sea level to which the structure has been floodproofed.

(2)

When the data is not available from any source as in subsection (i)(1) of this section, the lowest floor of the structure shall be elevated to no lower than one foot above the highest adjacent grade.

(j)

Standards for the special floodplain district. The following provisions shall apply within the special floodplain district:

(1)

Until a regulatory floodway is designated, no new construction, substantial improvements, or other development (including fill) shall be permitted within the areas of special flood hazard, designated as Zones A1-30 and AE on the flood rate insurance map, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than one foot at any point within the town (Community 510153).

(2)

Development activities in Zones Al-30, AE, and AH, on the town flood insurance rate map which increase the water surface elevation of the base flood by more than one foot may be allowed, provided that the applicant first applies with the town's endorsement for a conditional flood insurance rate map revision and receives the approval of the Federal Emergency Management Agency.

(k)

Standards for the floodway. The following provisions shall apply within the floodway when it has been identified as in subsection (i)(1) of this section:

(1)

Encroachments, including fill, new construction, substantial improvements and other developments are prohibited unless certification (with supporting technical data) by a registered professional engineer is provided demonstrating that encroachments shall not result in any increase in flood levels during occurrence of the base flood. Development activities which increase the water surface elevation of the base flood may be allowed, provided that the applicant first applies with the town's endorsement for a conditional flood insurance rate map and floodway revision, and receives the approval of the Federal Emergency Management Agency.

(2)

If subsection (k)(1) of this section is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions or this section.

(3)

The placement of manufactured homes (mobile homes) is prohibited, except in an existing manufactured homes (mobile homes) park or subdivision. A replacement manufactured home may be placed on a lot in an existing manufactured home park or subdivision provided the anchoring, elevation, and encroachment standards are met.

(l)

Standards for the shallow flooding district. The following provisions shall apply within the shallow flooding district:

(1)

All new construction and substantial improvements of residential structures shall have the lowest floor, including basement, elevated to or above the flood depth specified on the flood insurance rate map, above the highest adjacent grade. If no flood depth number is specified, the lowest floor, including basement, shall be elevated no less than two feet above the highest adjacent grade.

(2)

All new construction and substantial improvements of nonresidential structures shall:

a.

Have the lowest floor, including basement, elevated to or above the flood depth specified on the flood insurance rate map, above the highest adjacent grade. If no flood depth number is specified, the lowest floor, including basement, shall be elevated at least two feet above the highest adjacent grade; or

b.

Together with attendant utility and sanitary facilities be completely floodproofed to the specified flood level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

(3)

Adequate drainage paths around structures on slopes shall be provided to guide floodwaters around and away from proposed structures.

(m)

Standards for subdivision proposals.

(1)

All subdivision proposals shall be consistent with the need to minimize flood damage;

(2)

All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage;

(3)

All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards; and

(4)

Base flood elevation data shall be provided for subdivision proposals and other proposed development proposals (including manufactured home parks and subdivisions) that exceed 50 lots or five acres, whichever is the lesser.

(Code 1996, § 114-119; Ord. of 2-10-2014, § 2)

The intent of the Historic Overlay District is to identify, preserve and protect areas of important historic, architectural, archaeological or cultural interest within the town. These resources may be listed, or eligible for listing, on the state landmarks register, the National Register of Historic Places, or they may be of local architectural, archaeological, historic or cultural significance. In addition, the purpose of the district is to carry out comprehensive plan policies for protecting the historic character of the town, specifically, downtown which is the historical center of community life. The district fosters the goal of protecting individual historic landmarks, not only for their own value as community resources, but also because of their contribution to the town's unique character; to encourage the protective maintenance of historic structures; to protect, enhance and perpetuate such buildings, structures, and landscape features which represent elements of the town's cultural, social, economic, political and architectural history; to stabilize and improve property values; to foster civic pride in the town's past; to protect and enhance the town's attractions to tourists and visitors and to support and stimulate business and strengthen the economy of the town; and to promote the use of historic districts and historic resources for the education, pleasure and welfare of the citizens of the town.

(Code 1996, § 114-120; Ord. of 2-10-2014, § 2)

An architectural review board is established to operate in accordance with the provisions established herein to administer the historic district regulations.

(1)

Appointment and membership shall be as follows:

a.

The architectural review board shall consist of five members appointed by a majority of town council for staggered three-year terms.

b.

Any vacancy on the board shall be filled for the unexpired term.

c.

All members shall have an interest, competence, or knowledge in historic preservation.

d.

At least one member should be a registered architect and at least one member shall be a person with demonstrated knowledge of history of the town.

(2)

Powers shall be as follows:

a.

The architectural review board shall adopt operating rules and procedures.

b.

The board may adopt design guidelines to assist board members in reviewing applications and assist applicants in undertaking work properly.

c.

The board may undertake studies and make recommendations to the town planning commission regarding potential historic properties or districts worthy of preservation.

d.

The board shall keep a full public record of its proceedings.

e.

The board may appoint an advisory committee consisting of up to two persons from each historic district to assist them in understanding specific district issues and shall meet with such appointed advisory committee at least annually.

f.

The board may designate an agent to issue any certificate of appropriateness on behalf of the architectural review board. The agent shall act only upon application work specifically authorized by the board in accordance adopted guidelines and standards. The board may establish a working subcommittee of no more than two members to work with the designated agent on delegated work items or special projects.

(3)

Procedures for reviewing work in the historic district shall be as follows:

a.

The board shall meet at least once a month, unless there are no applications pending for their review.

b.

Applications for work in the historic district shall be made to the agent on forms provided at least ten working days in advance of the next scheduled meeting. A processing fee may be charged for an application.

c.

Applications considered by the board shall not require a public hearing; however, adjacent property owners shall be notified of the pending application and the date of the hearing.

d.

The board shall consider an application and make a decision within fifteen days of the board meeting.

e.

Following the board decision, the applicant shall be provided with a written statement of findings by the board and any applicable conditions for undertaking the proposed work.

f.

If the board disapproves an application, the applicant shall be notified in writing of the findings, reasoning, and any recommendations made by the board. An amended application may be filed within 90 days.

g.

A certificate of appropriateness shall be valid for one year from the date of action by the board.

(Code 1996, § 114-121; Ord. of 2-10-2014, § 2)

Designation of Historic Overlay Districts, and any subsequent amendments thereto, shall be in accordance with sections 58-253 through 58-255. Any historic district designated by the town council, after recommendation by the town planning commission and architectural review board, shall be shown as an overlay district on the official zoning map of the town.

(Code 1996, § 114-122; Ord. of 2-10-2014, § 2)

A certificate of appropriateness shall be required from the architectural review board for all work undertaken in the historic district, except for ordinary maintenance. Ordinary maintenance shall not require a certificate of appropriateness. The term "ordinary maintenance," for the purposes of this section, means exterior work that is undertaken on a frequent and routine basis to maintain the functional and structural integrity of an existing building, structure, or architectural or appurtenant features. Furthermore, the term "ordinary maintenance" means repair work that maintains, and does not change, the architectural material, design, style, size and scale, arrangement, detailing or texture of the feature. No building or structure, including signs, shall be erected, reconstructed, altered or restored within any such district unless the architectural review board finds that the work is architecturally compatible with the historic building, structure, or district and issues a certificate of appropriateness. This includes work on walls, fences, signs, light fixtures, aboveground utility structures, and painting, among others. No historic landmark, building or structure within any district shall be razed, demolished, or moved until approved and a certificate of appropriateness is issued, or a bona fide offer to sell has been filed with the town council. A certificate of appropriateness shall be required prior to issuing a building or zoning permit.

(Code 1996, § 114-123; Ord. of 2-10-2014, § 2)

(a)

In reviewing an application for a certificate of appropriateness, the architectural review board shall consider the following:

(1)

The appropriateness of the proposed alteration or construction on the character defining features of the building, structure, landscape, or district. This includes consideration of site context; building scale, mass and orientation; relationship to other buildings or elements; and the suitability of a material, design, style, arrangement, scale, detailing and texture.

(2)

The consistency of the work with supplemental design guidelines that have been adopted by the architectural review board.

(3)

The applicability of adopted Secretary of the Interior standards for the treatment of historic properties, including guidelines for preservation, rehabilitation, restoration, reconstruction and historic landscapes.

(b)

In reviewing an application for a proposed demolition or moving of a building or structure, the architectural review board shall consider the following:

(1)

The historic significance of the individual building;

(2)

The contribution of the individual building to the overall historic district;

(3)

The effect of relocation or demolition of the building on the historic district;

(4)

The structural condition of the historic building;

(5)

The proposed new use and development of the property as it pertains to intent of the district and in accordance with adopted design guidelines.

(Code 1996, § 114-124; Ord. of 2-10-2014, § 2)

(a)

Any property owner aggrieved by a decision of the architectural review board may appeal the decision to the town council. After consultation with the board, the council may uphold the decision of the board, modify, or overturn the decision and issue a certificate of appropriateness.

(b)

A decision of the town council may be appealed to the circuit court if filed within 30 days via a certified petition. The court may affirm the decision or it may reverse or modify the decision if it finds that the decision is contrary to law or is arbitrary and capricious. In addition to the right of appeal, a property owner shall have the right to demolish a building or structure, provided that:

(1)

The property owner has applied to the town council for such right, filing a formal statement identifying the property, the offering price, and the beginning date for offering to sell.

(2)

The property owner has made a bona fide offer to sell the property at a price not more than fair market value to anyone willing to preserve and restore the building or structure.

(3)

The time schedule for offers to sell shall be as follows: three months when the offering price is less than $25,000.00; four months when the offering price is $25,000.00 or more but less than $40,000.00; five months when the offering price is $40,000.00 or more but less than $55,000.00; six months when the offering price is $55,000.00 or more but less than $75,000.00; seven months when the offering price is $75,000.00 or more but less than $90,000.00; and 12 months when the offering price is $90,000.00 or more.

(4)

No offer to sell shall be made more than one year after a final decision by town council, but, thereafter, the owner may renew his request to the governing body to approve the razing or demolition of the historic landmark, building or structure.

(c)

The town council may acquire in any legal manner any historic area, landmark, building or structure, land pertaining thereto, or any estate or interest therein which, in the opinion of the town council should be acquired, preserved and maintained for the use, observation, education, pleasure and welfare of the people.

(Code 1996, § 114-125; Ord. of 2-10-2014, § 2)

This division applies to the Neighborhood Conservation Overlay District. The intent of the Neighborhood Conservation Overlay District is to promote quality infill development compatible in scale and character in established neighborhoods designated as conservation and rehabilitation areas in the adopted comprehensive plan in order to encourage neighborhood investment, enhance property values, and maintain the integrity and character of these important traditional neighborhoods. These neighborhoods have special architectural or cultural features and development patterns significant to the heritage of the town and are worthy of preservation.

(Code 1996, § 114-126; Ord. of 2-10-2014, § 2)

Designation of Neighborhood Conservation Overlay Districts, and any subsequent amendments thereto, shall be in accordance sections 58-253 through 58-255. Any Neighborhood Conservation Overlay District designated by the town council, after recommendation by the town planning commission shall be shown as an overlay district on the official zoning map of the town.

(Code 1996, § 114-127; Ord. of 2-10-2014, § 2)

(a)

No new building, structure, or addition to an existing building shall be undertaken unless it is reviewed by the zoning administrator and found to be compatible with the existing scale and character of the district, and in conformance with the design standards adopted for the district. The zoning administrator may refer any development proposal to the planning commission for review and approval in accordance with the provisions of this division.

(b)

An application for new development shall be submitted to the zoning administrator and established fee paid prior to seeking a zoning permit and shall include the following information:

(1)

Site development plan drawn to scale showing setback, dimensions, and height of proposed addition or new building, and any parking areas;

(2)

Detailed elevation views of proposed addition or new building or structure drawn to scale showing architectural features including location, detailing, and exterior materials for porches, windows, doors, and roof (including pitch);

(3)

Preliminary landscape plan showing location of areas to be landscaped and existing trees to be removed or retained;

(4)

Utility plan showing locations of water, sewer, electricity, gas, etc., to serve the new building or structure.

(c)

Any person aggrieved by the decision of the zoning administrator may appeal the decision to the board of zoning appeals. Any person aggrieved by the decision of the planning commission may appeal the decision to the town council.

(d)

In order to encourage compatible construction of new buildings or structures and additions in the Neighborhood Design Overlay Districts, the following design standards shall apply:

(1)

New building location, mass and scale.

a.

Design new buildings to fit in with the surrounding building and development patterns;

b.

Position and orient buildings so that they face the primary street and are set back consistent with other buildings on the street;

c.

Size buildings that that they are similar in height, form, and scale to existing houses on the street;

d.

Use exterior materials, architectural features, and colors that are complimentary to those found in the neighborhood.

(2)

Addition location, mass and scale.

a.

Make the addition subordinate to the main structure;

b.

Use simple, compatible architectural details and materials;

c.

Maintain the scale of the addition so that it does not overwhelm or compete with the main building (a good rule of thumb is to limit the addition to approximately one-third the size of the original structure);

d.

Set the addition back from the face of the existing building to distinguish it from the main building wall;

e.

Place an addition to the side or rear.

(3)

Roofs.

a.

Use roof forms that reflect the existing roof patterns and pitch in the neighborhood;

b.

Use similar exterior materials or ones that are compatible with existing roofing materials in the neighborhood;

c.

Position any roof feature toward the rear of the building so that it is not visible from the street (e.g., skylight, chimney, solar panel, vents).

(4)

Porches and entrances.

a.

Include a primary, visible entrance that is centrally located on the front of the building;

b.

Include a front porch on the new building that is similar in design and scale to other front porches on the street;

c.

Provide proper porch roof pitch to ensure proper drainage and ensure that roofing material is appropriate for the pitch;

d.

Install porch elements properly, especially railings and lattice under-pinning;

e.

Prime and paint porch elements, rather than using unpainted, treated lumber;

f.

Do not enclose a front porch for added interior living space.

(5)

Windows and doors.

a.

Include appropriately detailed and sized windows and doors similar to those found on other houses on the street;

b.

Include windows on all exterior walls;

c.

Locate windows symmetrically on a building wall;

d.

Position doors so that they are clearly visible from the street and centered within a focused entrance;

e.

Ensure that windows and doors have sufficient trim to provide visible dimension and framing of the opening.

(6)

Parking.

a.

Minimize driveway and parking pavement, especially in the front yard;

b.

Locate parking to the side or rear of the main building, if possible.

(7)

Accessory structures.

a.

Locate a garage, deck or patio to the rear of the house where they are not visible from the street;

b.

Use covered risers on all stairs;

c.

Paint or stain fences.

(Code 1996, § 114-128; Ord. of 2-10-2014, § 2)