Star City City Zoning Code

CHAPTER ONE

Zoning

ARTICLE 1313 Reserved

1301.01 ZONING MAP.

The map herein referred to, which is identified by the title of the "Zone Map of Star City, West Virginia," as amended June 26, 1972, and as maintained in the Town Hall in the Town is hereby declared to be part of this chapter and shall be known as the "Zone Map".

(Passed 6-17-57; 8-8-78.)

1301.02 USE DISTRICTS.

The Town is hereby divided into four use districts, which shall be known as:

(a) "A" residence districts;

(b) "B" residence districts;

(d) Riverfront Overlay Business District.

(Passed 3-11-08.)

1301.03 BOUNDARIES OF DISTRICTS.

The location and boundaries of districts are and shall be as shown on the Zone Map; provided, that where the designation on the Zone Map indicates a district boundary approximately on a street or alley line or on a lot line, the center of such street or alley, or such lot line, shall be construed to be the boundary.

(Passed 6-17-57; 8-8-78.)

1301.04 APPLICABILITY OF REGULATIONS.

(a) No land shall be used or occupied and no building shall be erected, altered, used or occupied, except in conformity with the regulations herein established for the district in which such land, building or structure is located.

(b) In case of mixed occupancy, the regulations for each use shall apply to the portion of the building so used.

(Passed 6-17-57; 8-8-78.)

1302.01 APPLICABILITY.

(a) The provisions of this article apply to all areas of the Town of Star City, except as may be expressly set forth below.

(b) Pursuant to the Emergency Rules of the West Virginia Statewide Addressing and Mapping Board on file with the office of the Secretary of State, Title 169, Series 2 of the Code of State Rules, the Town of Star City hereby elects to participate in the West Virginia Statewide Addressing and Mapping Project.

(Passed 7-20-04.)

1302.02 COORDINATION WITH COUNTY ADDRESSING PROGRAM; ADOPTION OF ADDRESSING PROGRAM; PENALTIES FOR NON-COMPLIANCE.

(a) All provisions of the 9-1-1 Addressing and Mapping Ordinance of the Monongalia County Commission, dated April 2004 (attached hereto by reference) including the penalties for non-compliance, hereby apply within the Town of Star City, Monongalia, County, as if fully set forth herein, except as set forth in subsection (b) below.

(b) Nothing in this ordinance affects existing City-type addresses, which are satisfactory for 9-1-1 and emergency services purposes, provided that those addresses are consistent with the Statewide Addressing and Mapping Project and otherwise comply with the Rules and Regulations of the West Virginia Statewide Addressing and Mapping Board.

(Passed 7-20-04.)

1302.03 APPOINTMENT AND DUTIES OF ADDRESSING AND MAPPING COORDINATORS.

(a) The Town of Star City will appoint the Addressing Coordinator for the Town of Star City. The addressing coordinator for the Town of Star City shall cooperate with the Monongalia County Addressing Coordinator, the West Virginia Statewide Addressing and Mapping Board, the Board’s Project Manager, the Monongalia County 9-1-1 Director, the West Virginia Enhanced 9-1-1 Council, the Monongalia County Assessor’s office, municipal corporations within Monongalia County, the United States Postal Service and other interested agencies and persons in order to accomplish within the Town of Star City, City-type addressing and other systems essential to the prompt and accurate dispatch of emergency service providers or other emergency services or 9-1-1 purposes, and for such other goals of the West Virginia Statewide Addressing and Mapping Project; provided, however, that the Addressing Coordinator of the Town of Star City shall coordinate principally through the Monongalia County Addressing Coordinator for the purposes of the implementation of the West Virginia Statewide Mapping and Addressing Project within the Town of Star City. The Addressing Coordinator of the Town of Star City may not take any official action not expressly authorized in this Ordinance or in the 9-1- 1- Addressing and Mapping Ordinance of Monongalia County, dated April 2004, without the approval of the Council of the Town of Star City.

(b) The Town of Star City will appoint the Mapping Coordinator for the Town of Star City. The Mapping Coordinator for the Town of Star City shall cooperate with the Monongalia County Mapping Coordinator, the West Virginia Statewide Addressing and Mapping Board, the Board’s Project Manager, the Monongalia County 9-1-1 Director, the West Virginia Enhanced 9-1-1 Council, the Monongalia County Assessor’s office, municipal corporations within Monongalia County, the United States Postal Service and other interested agencies and persons in order to accomplish within the Town of Star City, City-type addressing and other systems essential to the prompt and accurate dispatch of emergency service providers or other emergency services or 9-1-1 purposes, and for such other goals of the West Virginia Statewide Addressing and Mapping Project; provided however, that the Mapping Coordinator of the Town of Star City shall Coordinate principally through the Monongalia County Mapping Coordinator for the purposes of the implementation of the West Virginia Statewide Mapping and Addressing Project within the Town of Star City. The Mapping Coordinator of the Town of Star City may not take any official action not expressly authorized in this Ordinance or in the 9-1-1 Addressing and Mapping Ordinance of Monongalia County, dated April 2004, without the approval of the Council of the Town of Star City. (Passed 7-20-04.)

1302.04 INTERPRETATION AND APPLICATION.

This article is to be interpreted and applied consistent with the West Virginia Statewide Addressing and Mapping System. The Addressing Coordinator and the Mapping Coordinator of the Town of Star City shall make any necessary application to the Statewide Addressing and Mapping Board for a waiver or for local modifications of the Statewide Addressing and Mapping System in order to tailor it to this article.

(Passed 7-20-04.)

1305.01 TERMS.

For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section; the words "used for" include the meaning "designed for," and the word "building" includes the word "structure":

(a) "Alley" means any roadway or public way dedicated to public use and twenty feet or less in width.

(b) "Camp, public" means any area or tract of land used or designated to accommodate automobile house trailers, mobile homes or two or more camping parties, including cabins, tents or other camping outfits.

(c) "Certificate of occupancy" means a statement, signed by the Mayor, setting forth whether a building complies with this chapter or that a building or parcel of land may lawfully be employed for specific uses, or both.

(d) "Court" means an open, unoccupied space, other than a yard, on the same lot with a building, unobstructed from the lowest level to the sky.

(1) "Outer court" means a curb extending to a street or alley, or to a front or rear yard.

(2) "Inner court" means a court not extending to a street or alley, or to a front or rear yard.

(3) "Width of court" means the least horizontal dimension of a court at its lowest level.

(e) "Curb level" means the elevation of the top of the curb or the established curb grade opposite the center of the building or portion thereof under consideration.

(f) "Dwelling" means a building or portion thereof, used primarily as a place of abode for one or more human beings, but not including, hotels, motels, lodging or boarding houses, tourist homes, trailers or mobile homes.

(1) "One-family dwelling" means a separate, detached building designed for and occupied exclusively as a residence for one family.

(2) “Two-family dwellings" means a separate, detached building designed for and occupied exclusively as a residence for two families.

(3) "Multiple dwelling" means a dwelling designed or occupied otherwise than as a one-family dwelling or a two-family dwelling. The term "multiple dwelling" shall be understood to include apartment houses, condos and all other family dwellings of similar character where apartments or suites are occupied and used as separate and complete housekeeping units, but not to include hotels or apartment hotels.

"Independent Living Facility" means a dwelling shared by four (4) or more handicapped persons, and resident staff, who live together as a single housekeeping unit. As used herein, the term "handicapped" means having a physical or mental condition that substantially limits one or more of such person's major life activities, and not including alcoholism or drug treatment centers or any housing serving as an alternate to incarceration.

(g) "Family" means:

An individual;

Two or more persons related by blood or marriage living together; or

A group of individuals of not more than two persons, including roomers, renters and boarders not related by blood or marriage but living together as a single housekeeping unit.

(h) Garage.

"Private garage" means a garage for housing automobiles only, with a capacity for not more than two motor vehicles. A garage exceeding a two-vehicle capacity, intended primarily for housing of cars belonging to occupants of the premises, shall be considered a private garage if the lot whereon such garage is located contains less than 1,600 square feet for each vehicle capacity.

"Community garage" means a group of private garages, either detached or under one roof, arranged in a row or around a common means of access, and erected for the use of residents in the immediate vicinity.

"Public garage" means a building where automobiles are stored for a fee. A public garage may contain filling station facilities for the cars stored therein. A public garage may contain a room or rooms for displaying cars for sale.

"Service station" means a building where automobiles are serviced or repaired. A service station may be located in a public garage. When in a separate building, it may contain filling station facilities for the cars being serviced therein.

“Filling station" means a building or lot where motor vehicles are supplied with gasoline and lubricants and shall be understood to include facilities for washing and greasing such motor vehicles.

(i) “Height of Building" means the vertical distance measured from the curb level to the highest point of the roof adjacent to the street wall for flat roofs; to the deck line for mansard roofs; and to the mean height between eaves and ridge for gabled, hipped or gambrel roofs.

(j) Home occupation: Work for compensation conducted within a dwelling by a person or family residing therein. Home occupations are extensions of traditional home-making activities and crafts or professions which do not customarily have regular hours for general public access. Customary home occupations include, but are not limited to, dress making, seam stressing, cooking and baking, quilting, hairdressing, music instructing, insurance salespersons, accountants, bookkeepers, consultants, and manufacturers' sales representatives.

(k) "Lot" means a parcel of land which is or may be occupied by a building and accessory buildings, including the open spaces required under this chapter.

(1) "Depth of lot" means the mean horizontal distance between the front lot line and rear lot line.

(2) "Corner lot" means a lot abutting on two or more streets at their intersection.

(3) "Interior lot" means a lot the side lines of which do not abut on a street.

(4) "Through lot" means an interior lot having frontage on two streets.

(5) "Unit of property" means any lot or group of contiguous lots under one ownership.

(l) "Mixed occupancy" means occupancy of a building or land for more than one use.

(m) "Nonconforming use" means a use of a building or land not in conformity with the regulations of the use district in which it is situated.

(n) "Porch" means a roofed, open structure projecting from the front, side, or rear wall of a building, and having no enclosed features of glass, wood or other material more than thirty-six inches above the floor thereof except the necessary columns to support the roof.

(o) "Retail beer outlet" means any person selling, serving, delivering or otherwise dispensing cereal malt beverages or products of the brewing industry, commonly referred to as beer, lager beer, ale or other mixtures and preparations produced by the brewing industry, and containing not more than five percent (5%) of alcohol by weight.

(p) "Signboard" means any structure or part thereof on which lettered or pictorial matter is displayed for advertising or notice purposes.

(q) "Story" means that portion of a building included between the surface of any floor and the surface of the next floor above it, or if there be no floor above it then the space between such floor and the ceiling next above it.

(r) "Half-story" means a story under a gabled, hipped or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than three and one-half feet above the finished floor of such story.

(s) "Structural" means anything constructed or erected the use of which demands permanent location on the land, or anything attached to something having a permanent location on the land.

(t) "Structural alterations" means any change in the supporting members of a building such as bearing walls, columns, beams or girders, roof or major supports.

(u) "Street" means any roadway or public way dedicated to public use, except any alley.

(v) "Telephone exchange building" means a building, with its equipment, used or to be used for the purpose of facilitating transmission and exchange of telephone messages between subscribers and other business of the telephone company; but, in a residence district, as established by this chapter, not to include public business facilities, repair facilities, storage of plant materials or spare parts (other than those carried for the particular building) or storage of equipment, automobiles or trucks, or housing or quarters for installation repair crews or work crews.

(w) "Terrace" means a natural or artificial embankment between a building and its lot lines.

"Height of terrace" means the difference in elevation between the curb level and the top of the terrace at the center of the building wall.

(x) "Video Lottery or Gaming Establishment (Limited Video Lottery Retailer)" means an establishment at which any form of gambling or game of chance is permitted or played, including "video lottery" machines licensed by the West Virginia Lottery Commission pursuant to §29-22B-1 et seq., of the West Virginia Code.

(y) "Yard" means an open, unoccupied space, other than a court, on the same lot with a building, unobstructed from the ground to the sky, except as otherwise provided herein.

"Front yard" means a yard across the full width of the lot, extending from the front line of the building to the front line of the lot.

"Rear yard" means a yard across the full width of the lot, extending from the rear line of the building to the rear line of the lot.

"Side yard" means a yard between the side lines of the building and the adjacent sideline of the lot, extending from the front yard to the rear yard. If there is no front yard, the side yard shall be considered as extending to the front line of the lot and, if there be no rear yard, the side yard shall be considered as extending to the rear line of the lot.

(Passed 10-3-23.)

1309.01 ENFORCEMENT PROVISIONS GENERALLY.

Provisions of this chapter shall be enforced by the Mayor or his duly authorized agents pursuant to requirements stipulated in this chapter.

(Passed 8-8-78.)

1309.02 ADMINISTRATIVE OFFICER.

The Mayor shall enforce the provisions of this chapter.

(Passed 6-17-57; 8-8-78.)

1309.03 PLATS.

All applications for building permits shall be accompanied by a plat in duplicate, drawn to scale, showing the actual dimensions of each lot to be built upon, the size and location of each building to be erected upon each lot and such other information as may be necessary to enable the Mayor and Council to determine that the proposed building and use of land will conform to the provisions of this chapter. A record of such applications and plats shall be kept in the office of the Mayor.

(Passed 6-17-57; 8-8-78.)

1309.04 BUILDING PERMITS; CERTIFICATE OF OCCUPANCY.

(a) No excavation for foundation, nor the erection, construction or structural alteration of any building or part of a building, or occupancy of streets or alleys with building materials or temporary buildings for construction purposes shall be undertaken until a building permit therefor shall have been issued by the Mayor. In addition to the issuance of the building permit, it shall also be necessary for the property owner to obtain the written consent and approval of the Building Inspector for the location of any footer prior to the placement of such footer. No certificate of occupancy shall be issued until the construction has been completed and approved by the Building Inspector. (Passed 12-22-98.)

(b) No vacant land shall be occupied or used and no building hereafter erected, structurally altered or changed until a certificate of occupancy shall have been issued by the Mayor.

(c) A certificate of occupancy for the use or occupancy of vacant land or for a change in the use of land or of an existing building shall be applied for and issued before any such land shall be occupied or used or such land or building changed in use, and such certificate shall be issued within ten days after application has been made; provided, that such proposed use is in conformity with the provisions of this chapter.

(d) A certificate of occupancy, either for the whole or a part of a new building or for alterations of an existing building shall be applied for coincidentally with the application for a building permit and shall be issued within ten days after the erection or alteration of such building or part shall have been completed in conformity with the provisions of this chapter.

(e) A like certificate shall be issued for the purpose of maintaining, renewing, changing or extending a nonconforming use existing at the time of the passage of this chapter and such certificate shall state that the use does not conform with the provisions of this chapter. For the purpose of complying with this requirement, the Mayor shall mail such certificate to the occupants or owners of all such property within ninety days after August 8, 1978.

(f) A record of all certificates of occupancy shall be kept on file in the office of the Mayor and a copy shall be furnished on request to any person having a proprietary or tenancy interest in the building or land affected.

(g) No fee shall be charged for an original certificate of occupancy as required herein; but for each copy of an original certificate there shall be a charge of five dollars ($5.00), which shall be paid to the Town Recorder by the applicant before he receives such certificate.

(Passed 6-17-57; 8-8-78.)

1309.05 INTERPRETATION OF CHAPTER.

(a) In interpreting and applying the provision of this chapter, they shall be held to be the minimum requirements for the promotion of public health, safety or general welfare. Where this chapter imposes greater restrictions upon the use of a building or land or upon the height, bulk or size of a building or requires larger open spaces than are imposed or required by the other ordinances, rules, regulations or permits, or by easements, covenants or agreements, the provisions of this chapter shall govern. Where any other ordinances, rules, regulations or permits, or any easements, covenants or agreements impose greater restrictions upon the use of a building or land, or upon the height, bulk or size of a building, or require larger open spaces than are required under the regulations of this ordinance, such provisions shall govern.

(b) All buildings for which permits have been obtained and the construction of which or a portion of which has been begun, or for which a contract or contracts have been let pursuant to a permit issued prior to August 8, 1978, may be completed and used in accordance with the plans for which such permit was granted.

(c) All permits for buildings issued within sixty days prior to August 9, 1978, are hereby declared void; provided, that such building or its use does not conform to the provisions of this chapter, and if, on August 9, 1978, no substantial construction has been made or no contract or contracts have been let pursuant to such permit.

(d) If, after the issuance of a permit, the operations authorized thereunder are not commenced within six months after the date of permit or if, after the commencement of operations, the work is discontinued for a period of six months, such permit shall be void; work may not again be commenced until a new permit has been issued as for the original work, and building materials and equipment on the ground shall be removed or stored according to the requirements of the Mayor.

(e) The Mayor may issue a permit for the use of land or the erection or use of a building, such as a real estate office or a contractor's office, or storage yard, for commercial or industrial purposes in a residence district, in cases where such use is incidental and reasonably necessary for the development of the district for residential purposes and where the proposed use is clearly of a temporary nature, to be abandoned as the adjacent areas become occupied for residence purposes. Any permit so authorized shall be only for such limited period of time as the Mayor shall determine is reasonable considering the character of the district in question, and in no case for a period of more than one year.

(Passed 6-17-57; 8-8-78.)

1309.99 PENALTY.

Whoever violates any provision of this chapter shall be fined not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00). Each day on which a violation occurs or continues shall be a separate offense.

(Passed 6-17-57; 8-8-78.)

1311.01 ESTABLISHMENT.

A Planning Commission, known as the Star City Planning Commission, is hereby established under the provisions of the Code of the State of West Virginia, Chapter 8A, Article 2, et seq., as amended. The membership, composition, appointments, terms, and compensation of said Planning Commission shall be as hereinafter set forth:

(a) The Star City Planning Commission shall consist of five (5) members, all of whom shall be residents of the Town of Star City, who shall be qualified by knowledge and experience in matters pertaining to the development of the Town, and shall fairly represent different areas of interest, knowledge, and expertise, including, but not limited to, business, industry, labor, government and other relevant disciplines. Three-fifths of all the members shall have been residents of the Town for at least three years prior to nomination and confirmation or appointment. All members shall be nominated by the Mayor and confirmed by Council.

(b) One member of the Planning Commission shall also be a member of Council or a designee and one member shall also be a member of the administrative department of the Town or a designee. The term of these two members shall be co-extensive with the term of office to which each has been elected or appointed, unless the Mayor and Council at the first regular meeting of each year appoint others to serve as the Town representatives.

(c) The remaining members of the Planning Commission first selected shall serve respectively for terms of one year, two years, and three years, divided equally between these terms. Thereafter, members shall serve three-year terms and until their successors are appointed and qualify. Vacancies shall be filled by appointment in the same manner for the unexpired term only.

(d) Members of the Planning Commission shall serve without compensation, but shall be reimbursed for all reasonable and necessary expenses actually incurred in the performance of their official duties.

(e) Council may establish procedures for the removal of members of the Planning Commission for inactivity, neglect of duty or malfeasance. The procedures must contain provisions requiring that the person to be removed be provided with a written statement of the reasons for removal and an opportunity to be heard on the matter. (Passed 6-10-13.)

1311.02 MEETINGS; QUORUM.

(a) The Commission shall fix times for holding regular meetings and shall meet at least quarterly.

(b) Special meetings may be called by the President or upon the written request of any two or more members. The secretary of the Planning Commission shall give notice for a properly called special meeting in writing and include the date, time and place of the special meeting, and be sent to all members at least two (2) days before the special meeting. Written notice of a special meeting is not required if the date, time, and place of the special meeting were set in a regular meeting.

(c) A majority of members shall constitute a quorum for the transaction of business and no action of the Commission shall be official unless authorized by a majority of the membership present at a regular or properly called special meeting.

(Passed 6-10-13.)

1311.03 OFFICERS.

(a) At the first regular meeting in each year, the Planning Commission shall elect from its members a President and Vice President.

(b) The Vice President shall have the power and authority to act as President of the Planning Commission during the absence or disability of the President.

1311.04 POWERS AND DUTIES.

The Planning Commission shall have the following powers and duties:

(a) Exercise general supervision for the administration of its affairs.

(b) Prescribe uniform rules and regulations pertaining to its administration, investigation, and hearings and to effectuate the provisions of this article, provided that the rules and regulations are adopted by Council.

(d) With consent from Council, hire employees necessary to carry out its duties and responsibilities; provided, Council sets the salaries.

(e) Keep an accurate and complete record of all its proceedings.

(f) Record and file all bonds and contracts.

(g) Take responsibility for the custody and preservation of all its papers and documents.

(h) Make recommendations to Council concerning planning.

(i) Make an annual report to Council concerning the operation of the Planning Commission and the status of planning within the Town.

(j) Prepare, publish, and distribute reports, ordinances and other material relating to the activities authorized under West Virginia State Code Chapter 8A, Article 2 et seq.

(k) Adopt a seal, and certify all official acts.

(l) Invoke any legal, equitable, or special remedy for the enforcement of the provisions of West Virginia State Code, Chapter 8A, Articles 1 through 12 or any ordinance, rule and regulations or any action taken thereunder.

(m) Prepare and submit an annual budget to Council in the same manner as other departments of the Town government and be limited in all expenditures to the provisions made therefor by Council.

(n) If necessary, establish advisory committee(s).

(o) Delegate limited powers to a committee composed of one or more members of the Planning Commission.

(p) With the prior approval of Council, contract for special or temporary services and/or professional counsel.

(q) Accept gifts, funds and donations which must be deposited with the Town Treasurer in a special non-reverting Planning Commission fund to be available for expenditures by the Planning Commission for the purpose designated by the donor.

(r) In accordance with West Virginia State Code, Chapter 8A, Article 3 et seq., as amended, prepare and recommend to Council for adoption, a Comprehensive Plan for the development of land within the Town of Star City along with periodic updates.

(s) All such other powers, authorities and duties as are vested in it under West Virginia State Code Chapter 8A, as amended.

(Passed 6-10-13.)

1312.01 COMPREHENSIVE PLAN.

The Comprehensive Plan consists of the report entitled “Comprehensive Plan, Town of Star City, West Virginia” dated March 27, 2013, which report contains eight (8) subdivisions and two (2) appendixes. Appendix A is entitled Public Input. Appendix B is entitled Existing Conditions. (Passed 10-1-13.)

1312.02 ADOPTION.

The above report (referenced in Section 1312.01 Comprehensive Plan) is hereby adopted as the “Comprehensive Plan Ordinance of the Town of Star City, West Virginia” by reference and made a part hereof as if fully set forth in this article in accordance with West Virginia Code § 8- 11-3 and 8-24-21. (Passed 10-1-13.)

1317.01 "A" RESIDENCE DISTRICTS.

In an "A" residence district, land may be used and buildings may be erected, altered or used only for the following:

(a) One-family dwelling.

(b) Church or other place of worship.

(d) Playground.

(e) Truck garden, green house or nursery.

(f) Accessory uses incident to any of the principal uses above listed and not involving the conduct of a business.

(Passed 6-17-57; 8-8-78.)

1317.02 "B" RESIDENCE DISTRICTS.

In a "B" residence district, land may be used, and buildings may be erected, altered, or used only for the following:

(a) Any use permitted in an "A" residence district.

(b) Two-family dwelling.

(d) Lodging house or boarding house.

(e) Fraternity house, sorority house or dormitory.

(f) Clubhouse (not including a club, the chief activity of which is a service customarily carried on as a business).

(g) Hospital, other than a hospital for persons suffering from insanity or from diseases such as are commonly isolated in a separate building.

(h) Public or semi-public institution, educational or charitable (not including a jail, reformatory or other correctional institution).

(i) Independent Living Facility

(j) Accessory uses incident to any of the principal uses above listed and not involving the conduct of a business.

(Passed 10-3-23.)

1317.03 ACCESSORY USES PERMITTED IN RESIDENTIAL DISTRICTS.

In either an "A" or "B" residence district, accessory uses shall be uses customarily incident to the principal uses listed as permitted. They shall be understood to include, among other things:

(a) An office, such as that of a physician, dentist, musician, artist or other professional person when located within or directly attached to his or her dwelling which is used by him or her primarily as a dwelling; and home occupations.

(b) Home or spare time activities such as mechanical appliances repairs, radio repairs, cabinetmaking and like occupations or hobbies when engaged in solely by members of the immediate family after approval and issuance of a permit for same by Council. Such permit shall be revocable at any time upon presentation of a petition of seventy-five percent (75%) of the property owners according to the frontage in all blocks immediately adjoining the block or location of such home or spare-time activity.

(d) A private garage, located not less than sixty feet from the front lot line, if a separate building, or in a suitable room within or attached to the dwelling; provided, that on a through lot less than 120 feet long, it may be so located as to be not closer than thirty feet to either street.

(e) A sign or signboard not exceeding eight square feet in area, appertaining to the lease or sale of the premises.

(f) A name plate not exceeding two square feet in area.

(g) A sign or bulletin board, not exceeding twelve square feet in area, so placed as not to interfere with front yard requirements nor obstruct the view across the corner of intersecting streets, and erected upon the premises of a church or similar institution for the purpose of displaying the name and activities thereof or the services therein provided.

(h) In addition to the above, all signs or related objects shall fully comply with those requirements as set forth in Article 1731.

(i) A fence, hedge or enclosure wall, provided:

(1) That a solid fence or enclosure wall shall not exceed a height of six feet.

(2) That an ornamental fence exceeding six feet in height shall have a ratio of solid portion to open portion not in excess of one to four.

(3) That any fence, hedge or enclosure wall on a corner lot, and situated within fifteen feet of the intersection of the two street lines, shall not exceed a height of three feet.

(Passed 5-14-91; 6-6-23.)

1317.04 COMMERCIAL/RETAIL BUSINESS DISTRICT.

In a retail business (RB) district, land may be used and buildings may be erected, altered or used for any purpose except the following:

(a) Automobile storage yard or wrecking yard (not including a lot used for temporary parking of automobiles).

(b) Contractor's plant and storage thereof, except during the course of building construction.

(d) Manufacturing of any kind, other than the manufacture of products the major portion of which is to be sold at retail on the premises to the ultimate consumer, unless otherwise presented to the Code Official and subsequently approved by Council. (See Section 1317.14)

(e) Any use which may be noxious or offensive, by reason of the emission of odor, dust, smoke, gas, vibration or noise, unless otherwise presented to the Code Official and subsequently approved by Council. (Passed 7-1-25.)

1317.04B RIVERFRONT OVERLAY BUSINESS DISTRICT.

(a) Purpose. The purpose of the Riverfront Overlay Business (ROB) district is to generate retail and professional service business development in the Town of Star City. Through the use regulations set forth herein, the ROB district is intended to provide an attractive place for retail and professional service businesses to operate.

(b) Use Regulations. Use regulations in the ROB district, land may be used and buildings may be erected, altered or used only for a purpose that is permitted in a retail business district (see Section 1317.04).

(c) Any currently existing single family structure in the ROB district may erect additions and alter said structure; provided the continued use of said structure remains a single family dwelling and all setbacks and codes pertaining to “A” residence district are followed.

(Passed 7-1-25.)

1317.05 LIGHT INDUSTRIAL DISTRICTS. (REPEALED)

EDITOR’S NOTE: Former Section 1317.05 was repealed.

1317.06 HEAVY INDUSTRIAL DISTRICTS. (REPEALED)

EDITOR’S NOTE: Former Section 1317.06 was repealed.

1317.07 TWO-FAMILY OR MULTIPLE DWELLING "A" RESIDENCE DISTRICTS.

In an "A" residence district, a two-family or multiple dwelling may be erected on a lot the side of which adjoins a retail business or the ROB District (See Section 1317.04B), provided that the height of the dwelling, the lot area per family housed thereon and the open spaces on the lot are in accordance with the regulations herein prescribed for the use district which such dwelling is located.

(Passed 4-8-08.)

1317.08 COMMUNITY GARAGES IN RESIDENCE DISTRICTS.

In any residence district, a community garage may be erected in the interior of a block, provided:

(a) That no portion of such building shall be nearer than sixty feet to the frontage of the block or nearer than forty feet to a street line along the side of the block.

(b) That no portion of such building shall be less than fifteen feet from the center of an alley.

(Passed 6-17-57; 8-8-78.)

1317.09 GARAGES ACCESSORY TO MULTIPLE DWELLINGS.

In a "B" residence district, a garage with storage space to the extent of not more than one car for each family may be erected upon the same lot with a multiple dwelling for the housing of automobiles for those who have residence in such dwelling, provided:

(a) That no portion of such garage shall be nearer than sixty feet to the frontage of the block, or nearer than forty feet to a street line along the side of the block, unless located in a suitable room within such dwelling.

(b) That no repair facilities be maintained and no repairs except those of minor nature be made.

(c) That any door for vehicles, opening upon a street, shall be at least fifteen feet from the street line and an open, unoccupied space shall be maintained between such door and the street line. The height of such open unoccupied space shall be not less than twelve feet and the other dimensions shall be such that no part of the building encroaches on the triangular area circumscribed by lines joining the center of the doorway and the two points on the street line, one on each side of the center line of the doorway and twelve feet therefrom.

(Passed 6-17-57; 8-8-78.)

1317.10 PUBLIC GARAGES IN BUSINESS DISTRICTS.

In a retail business district a public garage may be established, erected or enlarged, provided:

(a) That no entrance or exit of such garage, for vehicles, shall be within 200 feet of the entrance to any school, playground, church, hospital or public library, or within 100 feet of any residence district established by this chapter.

(b) That no repair facilities shall be maintained on the front portion of the lot, or in the front portion of the first story of the building, within thirty feet of the street.

(c) That any door for vehicles, opening upon a street, shall be at least fifteen feet from the street line and an open, unoccupied space shall be maintained between such door and the street line. The height of such open, unoccupied space shall be not less than twelve feet and other dimensions shall be such that no part of the building encroaches on the triangular area circumscribed by lines joining the center of the doorway and two points on the street line, one on each side of the center line of the doorway and twelve feet therefrom.

(Passed 6-17-57; 8-8-78.)

1317.11 SERVICE STATIONS IN BUSINESS DISTRICTS.

In a retail business district, including the ROB district, a service station may be established, erected or enlarged, provided:

(a) That no entrance or exit of such service station or garage, for vehicles, shall be within 200 feet of the entrance to any school, playground, church, hospital or public library or within 100 feet of any residence district established by this chapter.

(b) That no repair facilities shall be maintained on the front portion of the lot or in the front portion of the first story of the building within thirty feet of the street.

(c) That any door for vehicles, opening upon a street, shall be at least fifteen feet from the street line and an open, unoccupied space shall be maintained between such door and the street line. The height of such open, unoccupied space shall be not less than twelve feet and other dimensions shall be such that no part of the building encroaches on the triangular area circumscribed by lines joining the center of the doorway and two points on the street line, one on each side of the center line of the doorway and twelve feet therefrom.

(Passed 4-4-08; 4-5-11.)

1317.12 FILLING STATIONS.

A filling station may be established, erected or enlarged in any retail business district, including the ROB district, provided:

(a) That no equipment for the service of gasoline or oil be placed closer than fifteen feet to any street line.

(b) That no portion of such building or its equipment be within forty feet of any residence district established by this chapter.

(c) That any door for vehicles, opening upon a street, shall be at least fifteen feet from the street line and an open, unoccupied space shall be maintained between such door and the street line. The height of such open, unoccupied space shall be not less than twelve feet and other dimensions shall be such that no part of the building encroaches on the triangular area circumscribed by lines joining the center of the doorway and two points on the street line, one on each side of the center line of the doorway and twelve feet therefrom.

(Passed 4-4-08; 4-5-11.)

1317.13 RETAIL BEER OUTLETS IN RETAIL BUSINESS DISTRICT.

In the retail business district, retail beer outlets may be established, erected or enlarged; provided, that no entrance or exit of such retail beer outlet shall be within 200 feet of the entrance to any school, playground, church or public library, or within 100 feet of any residence district established by this chapter.

(Passed 6-17-57; 8-8-78.)

1317.14 MANUFACTURING IN RETAIL BUSINESS DISTRICTS.

In a retail business district, manufacturing not otherwise excepted by this chapter may be established and maintained subject to the following limitations:

(a) Such manufacturing processes shall not occupy the front portion of the first story of a building, within thirty feet of any street line.

(b) Such manufacturing processes shall not occupy an area exceeding fifty percent (50%) of the floor area of the building.

(c) Such manufacturing processes shall not be located within 100 feet of any residence district, as established by this chapter.

(Passed 4-8-08.)

1317.15 VIDEO LOTTERY OR GAMING ESTABLISHMENT (LIMITED VIDEO LOTTERY RETAILER) IN RETAIL BUSINESS DISTRICTS.

(a) Video Lottery or Gaming Establishments (Limited Video Lottery Retailer) are permitted only in the Retail Business zoning district, and shall be subject to the same parking requirements as businesses of a general industrial or service nature.

(b) No Video Lottery or Gaming Establishment (Limited Video Lottery Retailer) shall locate closer than 500 feet to another Video Lottery or Gaming Establishment (Limited Video Lottery Retailer), or a church, or a school, measured as the shortest distance between any portion(s) of both buildings. Likewise, no Video Lottery or Gaming Establishment (Limited Video Lottery Retailer) shall locate closer than 500 feet to an “A” or “B” Residential District.

(Passed 12-20-05.)

1317.16 NONCONFORMING USES.

(a) The lawful use of land existing on August 8, 1978, or on the effective date of any pertinent amendment to this chapter, although such use does not conform to the provisions hereof, may be continued; but, if such nonconforming use be discontinued, any future use of such land shall be in conformity with the provisions of this chapter.

(b) The lawful use of a building, existing as of August 8, 1978, or on the effective date of any pertinent amendment to this chapter, although such use does not conform to the provisions hereof, may be continued and such use may be extended throughout the building; provided, that no structural alterations may be made other than those ordered by the Mayor to assure the safety of the building; and provided further, that such extension does not displace any residence use in a residence district established by this chapter.

(c) A nonconforming use of a building may be changed to another nonconforming use of the same or of a more restrictive classification; provided, that no structural alterations be made other than those ordered by the Mayor to assure the safety of the building; and provided further, that such extension does not displace any residence use in a residence district established by this chapter.

(d) Whenever a nonconforming use of a building has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restricted use.

(e) Whenever a nonconforming use of a building or portion thereof has been discontinued for a period of at least one year, such nonconforming use shall not thereafter be reestablished, and the future use shall be in conformity with the provisions of this chapter.

(Passed 6-17-57; 8-8-78.)

1321.01 SCHEDULE OF REGULATIONS.

In any district, the maximum height of buildings, minimum lot size, minimum lot width, minimum front yard, minimum side yard, minimum rear yard, minimum ground floor area (living space), maximum lot coverage, minimum number of parking spaces and other related requirements shall be as shown on the following schedule:

SCHEDULE OF HEIGHT AND AREA REGULATIONS

A. REQUIREMENT STANDARDS FOR DWELLINGS

(1) RESIDENTIAL “A” DISTRICT

SPECIFICATIONS
Minimum Lot Size, sq. ft. per dwelling	Single Double	7,200 -
Multiple Dwelling:	Dormitory Efficiency One Bedroom Two Bedroom Three + Bedroom	- - - - -
Minimum Lot Width, in Feet:	Single Double Multiple	72 - -

SPECIFICATIONS
Maximum Building Height, in Feet:	Single Double Multiple	35 - -
Minimum Front Yard, in Feet:	Single Double Multiple	25 - -
Minimum Side Yard, in Feet:	Single Double Multiple	10 - -
Minimum Rear Yard, in Feet	Single Double Multiple	25 - -
Minimum, Ground Floor Area (Living Space), in Feet:	Single Double Multiple	960 - -

(2) RESIDENTIAL “B” DISTRICT

SPECIFICATIONS
Minimum Lot Size, sq. ft. per Dwelling	Single Double	6,000 3,000
Multiple Dwelling:	Dormitory Efficiency One Bedroom Two Bedroom Three + Bedroom	195 700 1,050 1,400 1,800
Minimum Lot Width, in Feet	Single Double Multiple	60 60 60
Maximum Building Height, in Feet:	Single Double Multiple	35 35 35
Minimum Front Yard, in Feet:	Single Double Multiple	25 25 25
Minimum Side Yard, in Feet:	Single Double Multiple	5 5 5
Minimum Rear Yard, in Feet:	Single Double Multiple	15, NOTE 3 15, NOTE 3 15, NOTE 3

SPECIFICATIONS
Minimum Ground Floor Area (Living Space), in Feet	Single Double Multiple	960 960 960+400, NOTE 4

(3) RETAIL BUSINESS DISTRICT

SPECIFICATIONS
Minimum Lot Size, sq. ft. Per Dwelling	Single Double	5,000 2,500
Multiple Dwelling:	Dormitory Efficiency One Bedroom Two Bedroom Three + Bedroom	120 500 800 900 1,100
Minimum Lot Width, in Feet:	Single Double Multiple	40 40 40, NOTE 1
Maximum Building Height, in Feet:	Single Double Multiple	35 35 100
Minimum Front Yard, in Feet:	Single Double Multiple	15 15 15
Minimum Side Yard, in Feet:	Single Double Multiple	5 5 5
Minimum Rear Yard, in Feet:	Single Double Multiple	15 15 15
Minimum Ground Floor Area (Living Space), in Feet:	Single Double Multiple	972 972 972 + 400, NOTE 4

The sale, conveyance, transfer, or subdivision of property whereby such action(s) would cause the Lot Size, to fall below the Minimum Lot Size indicated above, is expressly prohibited.

note 1: When building a multiple dwelling in a retail business district, the specifications and requirements of "B" residence shall govern where applicable.

note 2: If the rear yard opens into an alley, no portion of the alley shall be used in computing the fifteen feet, as permitted in subsection 1321.07(b).

note 3: In addition to the minimum square feet, neither the length nor the width of the structure shall be less than eighteen feet.

note 4: Additional ground floor area per dwelling unit.

For any Building meeting the lot sq.ft. requirements, whether by having the proper lot size or by obtaining a variance, the size of that lot or lots must be held as part of that building and portions of that lot or lots may NOT be sold to adjoining lots for the purpose of obtaining proper lot sq.ft. requirements to build on any adjoining lot or lots.

Parking spaces:

Parking in an "A" Residence District must be on-site.

Regarding multiple dwellings, in any eligible district, with the exception of independent living facilities, there shall be provided two paved and marked off-street parking spaces for each unit in such dwelling. Regarding independent living facilities, there shall be provided one paved and marked off-street parking space for each unit in such dwelling. These parking spaces shall be eight feet by twenty feet and shall be able to be fully utilized. There shall also be provided at least one off-street parking space for single family dwellings in any eligible district. It shall further be the obligation of the landlord and/or owner of such dwelling to inform the occupants of the availability of these parking spaces and advise the occupants to use same. This obligation shall be performed by a specific clause in any lease agreement or other means approved by the Mayor and Council. (Passed 10-3-23.)

B. REQUIREMENTS STANDARDS FOR BUSINESSES

(1) RETAIL BUSINESS DISTRICT

SPECIFICATIONS
Maximum Building Height, in Feet:	100
Minimum Front Yard, in Feet:	15, NOTE 5
Minimum Side Yard, in Feet:	5
Minimum Rear Yard, in Feet:	15, NOTE 5
Maximum Lot Coverage in % of Lot:	90

(2) RIVERFRONT OVERLAY DISTRICT

SPECIFICATIONS
Maximum Building Height, in Feet:	100, NOTE 6
Minimum Front Yard, in Feet:	5
Minimum Side Yard, in Feet:	5
Minimum Rear Yard, in Feet:	5
Maximum Lot Coverage in % of Lot	90, NOTE 7

note 5: The minimum yard requirement may be entirely waived when not adjoining a residential district ("A" residence or "B" residence).

note 6: The minimum distance between the first or ground floor and the second floor of any newly constructed structure in the Riverfront Overlay District shall be ten (10) feet.

note 7: 20% of lot area must be green space.

Parking spaces: Regarding businesses, there shall be provided spaces of an eight foot by twenty-foot dimension, capable of being fully utilized, based on the following uses and specifications:

Motel and hotel: one parking space for each sleeping unit.

Business of a retail or service nature: one parking space for each one hundred and twenty-five square feet of floor space.

Business of a professional nature: one parking space for each five hundred square feet of floor space.

In addition to the above specifications:

(1) There shall also be provided one parking space for each three employees employed on the premises.

(2) Parking for any specific business or residence in a B, Retail, or Overlay District may not be more than 300 feet from the specific business or residence.

The use of any business shall be determined by the Mayor and Council as otherwise provided in this chapter. (Passed 5-17-22)

1321.02 APPLICATION.

The height limitations of this chapter shall be applied as follows:

(a) A cellar or basement, when designed for occupancy as a dwelling, unless two-thirds of its height be below curb level, shall be counted as a story; when otherwise designed and used, it shall not be counted as a story.

(b) On a corner lot having two or more frontages, the height shall be taken from a level midway in elevation between the highest curb level and the lowest curb level; this height limitation shall apply upon such lot not farther than to the center line of the block, beyond which any portion of the same lot shall have a height limitation similar to that applying upon the property next adjacent thereto.

(c) On a through lot, the height limit, including all exceptions thereto, beginning at either frontage, shall apply to a depth not exceeding one-half the depth of the lot.

(d) On an interior lot, the height limit, including all exceptions thereto, shall apply to a depth equal to one-half the depth of the block as measured from frontage to frontage on a line projected through the center of the lot in question. Any rear portion of such lot beyond the center line of the block shall have a height limit similar to that applying upon the lot immediately abutting in the rear thereof.

(Passed 6-17-57; 8-8-78.)

1321.03 EXCEPTIONS.

(a) In the "A" residence district, the height of a dwelling may be increased to forty-five feet, but not to exceed three stories; provided, that the width of each side yard required by the schedule of height and area regulations for the district in which the building is located be increased a distance equal to at least twice the added height of the building above the thirty-five foot limitation of the district.

(b) In the "B" residence districts, the height limitation for public or semi-public buildings, churches, hospitals, sanitariums or schools may be increased to fifty feet, but not to exceed five stories; provided, that the width of each side yard required by the schedule of height and area regulations for the point in any wall of the building above the height limitation of the district shall be nearer to the vertical plane through a side lot line than a distance equal to one-third of the height of such point above the curb level.

(c) In any use district, the height limitation of the district may be exceeded by a monument, shaft, spire, dome or tower, if erected for ornamental purposes only.

(d) In any retail business district, the height limitation of the district may be exceeded by buildings requiring special design on account of their particular use in industry or commerce, such as chimneys, stacks, grain elevators, detached water or wireless towers or similar structures; provided, that they otherwise comply with the regulations herein prescribed.

(e) In any use district, elevator bulkheads, penthouses, gas or water towers, cooling towers, electric signs, wireless towers and other necessary mechanical appurtenances, where permitted by the use regulations and erected upon and as an integral part of the building, may be erected or extended above the height limit of the district; provided, that any such building shall set back from the vertical plane of the permitted building line one foot horizontally for each two feet of extra height.

(f) On a lot where terraces exist, the height of the building located thereon may be increased above the height limitations of a district a distance equal to the height of the terrace above the curb; provided that the depth of the front yard be not less than the height of the terrace above the curb.

(Passed 4-8-08.)

1321.04 AREA REGULATIONS.

(a) No yard, court or other open space provided about any building for the purpose of complying with this chapter shall be considered as a yard, court or other open space for another building.

(b) In any district, yards or courts, even though not specifically set forth in the schedule of height and area regulations, shall be provided for a lot upon which a building intended to include living or sleeping accommodations is to be located, unless at least one window in each room wherein people are intended to live or sleep shall open directly upon a street or alley. Where required, such yards or courts shall be so arranged that at least one window in each room wherein people are intended to live or sleep shall open directly on a front yard or on a rear yard not less than ten feet in depth or less than two feet in depth for each story of building height; or on a court of dimensions prescribed herein in Section 1321.08; or on a side yard not less than three feet in width or less than one and one-half feet in width for each story of building height.

(c) In measuring the width and depth of the yards prescribed herein, a cornice projecting not more than thirty inches, or a fence, shall not be held to reduce such required dimensions.

(d) A porch may be erected in a front or rear yard; provided, that it be not closer to an adjoining property line than the required width of the side yard.

(Passed 6-17-57; 8-8-78.)

1321.05 FRONT YARDS.

(a) In any residence district where forty percent (40%) of the property fronting upon the side of a street between two intersecting streets and located in such district has been improved with buildings as of August 8, 1978, and a front yard of greater depth that the minimum or of less depth than the minimum required by the schedule of height and area regulations has been provided for the majority of such buildings, such minimum may be disregarded; but no building hereafter erected or altered in such residence district between the existing buildings and the street corner shall be placed nearer to the street than the minimum prescribed in this chapter or the average distance already established by the buildings already erected, whichever is greater; but the minimum depth of front yard for a dwelling on a lot between two adjoining lots, on each of which a building exists as of August 8, 1978, shall be the average of the depths of front yards observed by such buildings.

Where less than forty percent (40%) of such property has been improved with buildings, or where dwellings do not front upon a street, the minimum depth of front yard shall be as required by the schedule of height and area regulations.

(b) For a corner lot in the "A" or "B" residence district, the minimum depth of yard along either frontage shall be the depth of rear which is required along the same street for the adjoining lot; provided, that nothing in this provision shall be interpreted as to reduce the buildable width of a corner lot of record as of August 8, 1978, to less than twenty-five feet; or to require more than one yard adjacent to the street line in excess of twenty-five feet in depth (or width); or in a retail business district to require a yard along either frontage to be more than fifteen feet in depth (or width).

(c) When a dwelling in a light industrial district fronts on an alley, the front line of such dwelling shall be at least fifteen feet from the center of such alley.

(d) In a retail business district located within a use district where front yards are required, the depth of front yard need not exceed that required by this chapter for buildings in an adjoining residence district and located in the same block and fronting on the same street.

(e) In the "B" residence district, where all the lots fronting on one side of a street between two intersecting streets are within a retail business district and at least twenty percent of such lots are improved with commercial buildings as of August 8, 1978, a front yard greater in depth than the average distance already established by such existing commercial buildings shall not be required.

(f) In the "B" residence district, where part of the lots fronting on one side of a street between two intersecting streets are within a retail business district and part within a residence district, a front yard provided for a lot in such retail business district need not exceed the least depth already established by an existing building which fronts on the same street as the lot in question and is located between such lot and the adjacent residence district in the same block.

(Passed 6-17-57; 8-8-78.)

1321.06 SIDE YARDS.

(a) The width of a side yard shall be taken as the least distance from any part of, or point on, the building to the adjacent side line of the lot.

(b) In any district other than a residence district, a building other than a dwelling shall not require a side yard except when bordering on a residence district, in which case a side yard shall be provided adjacent to such district and equal to that required therein in width.

(c) The width of any side yard provided, whether or not one be required by the schedule of height and area regulations, shall not be less than five feet.

(Passed 6-17-57; 8-8-78.)

1321.07 REAR YARDS. (REPEALED)

(EDITOR’S NOTE: Former Section 1321.07 was repealed by Ordinance passed November 7, 2023.)

1321.08 COURTS.

(a) Except as herein prescribed, an outer court is not required in any district, but if provided its width shall be not less than ten feet or less than one-fourth of its length, nor less than two inches for each foot of height of such court measured from the bottom thereof to the top of the highest wall abutting it; except, that in determining the width of an outer court adjoining a side yard, the width of such yard may be counted.

(b) Except as herein prescribed, no inner court is required, but if provided its width shall be not less than ten feet nor less than three inches for each foot of the height of such court measured from the bottom thereof to the top of the the highest wall abutting it.

(c) In any retail business district, when a portion of the building above the ground floor, but not the ground floor itself, is used as a dwelling, an outer court in the rear thereof shall be provided for the stories used for residence purposes. Such court shall be open and unobstructed for the full width of the lot and at least fifteen feet in depth.

(Passed 4-8-08.)

1321.09 LOT AREA PER FAMILY. (REPEALED)

(EDITOR’S NOTE: Former Section 1321.09 was repealed by Ordinance passed November 7, 2023.)

1321.10 ACCESSORY BUILDINGS.

(a) In any residence district, any accessory building shall be at least ten feet from the center of an adjoining alley.

(b) In an "A" residence district, any accessory building shall be at least ten feet from any street line.

(c) In an "A" residence district, accessory buildings on a corner lot the rear line of which is the side line of another lot shall not be closer to the side street than the depth of front yard required in the district in which such adjoining lot is situated. Such accessory building shall also be at least five feet from such common lot line, unless the distance from the side street to the building be at least twenty feet greater than the required depth of front yard in such district.

(Passed 6-17-57; 8-8-78.)

1321.11 BUFFER SPACE REQUIREMENTS FOR NON-RESIDENTIAL BUILDINGS, MULTIPLE DWELLING BUILDINGS AND PARKING SPACES ABUTTING RESIDENTIAL PROPERTY.

(a) A buffer space shall be required for all of the following:

(1) All new and/or expansions of existing non-residential buildings that abut residential property (zoned or used);

(2) All new and/or expansions of existing multiple dwelling buildings that abut a one-family or two-family residential property (zoned or used);

(3) All new and/or expansions of existing non-residential parking areas that abut a residential property (zoned or used); and

(4) All new and/or expansions of existing multiple dwelling parking areas that abut a one-family or two-family residential property (zoned or used).

(b) The buffer space shall consist of a landscaped buffer ten (10) feet wide and planted with five (5) medium to large trees and ten (10) to fifteen (15) shrubs per 100 linear feet of transitional yard between the new/expanded non-residential and residential uses or new/expanded multiple dwelling and single or two-family uses. At the discretion of the Town’s Building Inspector, the buffer space may also be required to contain additional trees, shrubs, fencing, walls, berms and/or such other landscape materials that the Building Inspector deems necessary to mitigate negative impacts of the more intense use on the less intense use.

(c) The buffer space shall apply to the side and rear lot lines of the more intense use property and may supersede the minimum setback requirement for the district.

(d) The buffer space shall be constructed/installed on the property with the more intense use.

(e) The owner of the more intense use property shall be responsible for constructing/installing the buffer space at the time of site development and the buffer space plan must be approved by the Town’s Building Inspector prior to the commencement of any construction on the property.

(f) Subsequent to construction/installation of the buffer space, the owner of the property shall be responsible for maintaining the buffer space in a good, safe and sightly manner and to promptly make any repairs, alterations or improvements to the buffer space as may be required by the Town’s Building Inspector.

(g) As used in this Ordinance, the terms “abut” and “abutting” shall mean: having a common border with, or being separated from such a common border only by a right-of-way, alley, street or easement.

(Passed 1-25-11.)

CODIFIED ORDINANCES OF STAR CITY