The conditions set forth in this article apply to all zoning districts within the town unless otherwise stipulated as applying only to specific districts. They modify, supplement, extend or otherwise qualify the regulations set out in the district regulations and/or modifications thereto in the specific circumstances described in each condition listed herein.

(Ord. of 12-11-00)

(a)

Conformity with regulations. No building, structure, or land shall be used or occupied and no building or structure or part thereof shall be erected, constructed, reconstructed, moved, converted or structurally altered except in conformity with all of the regulations herein specified for the district in which such building, structure or land is located and in conformity with all other applicable provisions of this chapter.

(b)

Validity of prior building permit. Nothing contained in this chapter shall require any change in the plans or construction of any building or structure for which a permit was granted prior to the effective date of the ordinance from which this chapter derives. However, such construction must commence within 30 days after the ordinance becomes effective. If construction is discontinued for a period of six months or more, further construction shall be in conformity with the provisions of this chapter for the district in which the operation is located.

(c)

Street or road access required. Every building erected after the effective date of the ordinance shall be located on a lot of record having frontage as required by the district regulations on an improved public street.

(Ord. of 12-11-00)

(a)

Use of nonconforming lots recorded prior to regulations. A lot of record lawfully established prior to the effective date of the ordinance from which this chapter derives or subsequent amendment thereto and which does not conform with the minimum lot area requirements of the district in which it is located, may nonetheless be used for any use permitted in the district in which it is located, provided that either: (1) all frontage, setback and yard requirements can be met or (2) the board of zoning appeals shall have granted a variance to any dimensional regulations that can not be met because of unusual shape, topography or other physical conditions of the property.

(b)

Buildings to be on lots of record. Every building hereafter erected, reconstructed, converted, moved or structurally altered shall be located on a lot of record with no more than one main building established on one lot; provided however, that more than one multiple-family dwelling building may be permitted on a lot of record in any zoning district that permits multiple-family dwellings, provided that all other requirements of the district in which the use is located are met.

(c)

Lots to meet standards of district regulations. No lot shall hereinafter be created nor shall any lot existing at the time of enactment of this chapter be altered so that the minimum frontage, width, depth, area, yard, parking or loading requirements be reduced below the minimum dimensions established in this chapter, except when a portion of a lot may be acquired for an essential public use.

(d)

Required space may not be shared. No part of a yard, other open space, off-street parking space or loading space required to serve any existing building or use shall be included as part of a yard, open space or off-street parking space for another building.

(Ord. of 12-11-00)

(a)

Obstruction of public right-of-way. No building, structure, sign, merchandise, or other obstruction shall be located or constructed on any public right-of-way.

(b)

Visibility at intersections. On a corner lot formed by two streets, nothing that would materially impede the vision of motor vehicle operators shall be erected, planted, or allowed to grow above a height of 2½ feet within a triangle formed by the intersection of the two rights-of-way lines that form the frontages of the corner lot.

(c)

Obstruction of drainage. No building shall be erected on any land and no change shall be made in the existing contours of any land, including any change in the course, width, or elevation of any natural or other drainage channel, in any manner that will obstruct, interfere with, or substantially change the drainage from such land to the detriment of neighboring lands.

(Ord. of 12-11-00)

(a)

Temporary construction trailers. When used only while authorized construction work is in progress on a lot, temporary construction trailers may be permitted as construction offices in any industrial or commercial district but only during the period when construction work is in progress as evidenced by a valid building permit. Such temporary facilities shall not be used for dwelling purposes while located on an active construction site and shall be removed immediately upon completion of the construction work.

(b)

Outdoor lighting. Outdoor lighting, when provided as accessory to any use or to illuminate any sign or similar device, or any parking area or provided for security or other purposes shall be located, directed or shielded so as not to shine directly on adjoining properties or to create a traffic hazard as a result of glare or similarity to or confusion with traffic signals, warning lights or lighting on emergency vehicles.

(c)

Occupancy of premises by caretaker. The occupancy of a building or premises by a caretaker or watchman in an industrial district for sleeping quarters shall not constitute a residential use within the meaning of this chapter.

(d)

Use of basement as dwelling unit. Any story having more than one-half of its height below the average level of a road grade or ground nearest the building, and referred to in this chapter as a basement or cellar, shall not be used or designed to be used as a separate dwelling unit for dwelling purposes.

(e)

Use of recreational vehicles for permanent living quarters. No recreational vehicles shall be used for permanent living, sleeping, or other occupancy when parked or stored on a residential lot, or other location not approved for such use.

(f)

Access across land not zoned for same purpose. Access to a building or land use across land which is not zoned so as to permit the use served by such access is not permitted.

(g)

Electric, telephone, cable television and service lines. House service lines and cables for electric power utilities, telephone and cable television service to residential uses shall be considered to be an accessory use under this chapter.

(h)

Repair and restoration of buildings. Nothing in this chapter shall prevent the strengthening, repair or rehabilitation to a safe and lawful condition any part of a building or structure declared unsafe or unlawful by order of an authorized official, provided such building or structure lawfully existed prior to the issuance of the order.

(Ord. of 12-11-00)