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Stevensville City Zoning Code

ARTICLE I

- IN GENERAL

Sec. 10-1.- Definitions.

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

Accessory parking is parking related to a permitted use or a conditionally permitted use.

Accessory structure or use means the use or structure on the same lot with, and customarily secondary or subordinate to, the principal use or structure.

Agriculture means the use of land for agricultural purposes, including the raising of crops, dairying, pasturage and grazing, animal and poultry husbandry, raising of bees, fruits and vegetables, sod, ornamental, nursery and horticultural crops that are raised, grown or produced for commercial or non-commercial purposes. For the purpose of this chapter, the raising and harvesting of timber is included but not commercial feed lots and food processing plants.

Alley means a public way primarily for utility use and which affords only secondary access to abutting properties.

Alternative energy is a form of energy derived from a natural source such as sun, wind and geothermal.

Assisted living facility means an establishment that provides living quarters and a variety of limited personal care and supportive health care to individuals who are unable to live independently due to infirmity of age, physical or mental handicap, but who do not need the skilled nursing care of a convalescent or nursing home. These facilities may consist of individual dwelling units of a barrier-free design, with separate bathroom facilities, a full kitchen or no kitchen. The facility may provide a minimum amount of supportive health monitoring, such as assistance with medication, but is limited to health care services that do not require state or federal licensing. In addition, these facilities may have a common dining area, recreation facilities (library, lounge, game room), laundry facilities and open space.

Athletic club means an indoor recreation facility, generally membership oriented, featuring exercise, sports, and other active physical conditioning, as well as a broader range of services, such as food service and meeting rooms.

Attached structure means any structure that is attached to another structure by a common wall, by a roof, or by structural connections that allow covered pedestrian access to both structures.

Auditorium means a facility designed for the indoor assembly of persons for exhibitions, performances, conferences or other like purposes.

Automobile parking commercial lots means stand-alone parking lots or parking structures that are not related to a specific business, but are commercial businesses unto themselves.

Automobile supplies business means a retail business that provides for sale a wide range of parts, accessories and supplies for the off-site maintenance of automobiles, light trucks, marine craft and aircraft.

Automobile wrecking means the dismantling or wrecking of used motor vehicles or trailers, or the storage, sale, dumping or dismantling of partially dismantled, obsolete or wrecked vehicles or their parts.

Basement means that portion of a structure partly or totally underground and having at least one-half of its height more than five feet below the adjoining finished grade.

Bed and breakfast means a dwelling unit whose occupants provide temporary room and board for paying guests.

Boardinghouse means a building, or portion thereof, other than a hotel, retirement home, assisted living center or nursing home where lodging and/or meals for five or more persons other than household members are provided for compensation.

Building means any structure erected for support, shelter or enclosure of persons, animals or property of any kind.

Building height means the vertical distance measured from the average elevation of the proposed finished grade around the building to the highest point of a flat roof, the deck line of a mansard roof, and the highest point of the ridge of a sloped roof. Specifically excluded from this definition are structural elements not intended for habitation and not exceeding 15 feet above the maximum building height, including penthouses for mechanical and elevator equipment, chimneys, antennas, communication facilities, smoke and ventilation stacks, flag poles and parapet walls designed to screen mechanical and elevator equipment.

Building perimeter means the exterior foundation walls of a building and/or supports for appendages thereto.

Business services means a business providing services in support of other businesses, including, but not limited to: advertising; credit reporting and collections; printing and copying; cleaning; employment; management and consulting; travel; and photo finishing.

Cabaret means a restaurant or tavern that provides live entertainment such as dancing or singing for the entertainment of customers.

Caretaker's residence means a dwelling unit intended as an accessory use to a permitted land use that requires 24-hour care to provide for its protection or operation.

Carport means a structure not completely enclosed by walls for the shelter of automobiles.

Casino means a premises open to the public in which a gambling enterprise licensed by the state department of justice conducts gambling activity through the use of gambling devices. This regulates gambling enterprises, gambling activities and gambling devices through MCA title 23, chapter 5 (MCA 23-5-111 et seq.).

Church means a building designed and used for public worship by any religious body.

Clinic means a building used for the care, diagnosis and treatment of sick, ailing, infirm, or injured persons and those who are in need of medical or surgical attention, but who are not provided with board or room or kept overnight on the premises.

Clubs (fraternal lodges) means buildings and facilities owned and operated by a corporation, association, person or persons for social, educational or recreational purposes, but not primarily for profit or to render a service that is customarily carried on as a business.

Common area means the portion of a development or subdivision not owned by an individual owner but shared by all other owners within the development or subdivision, or by the management organization.

(1)

A common area may include: recreation facilities to include playground equipment and walking areas, outdoor space, landscaping, designated easements for underground utilities, setbacks from public rights-of-way, or incidental structures for support of area such as storage/equipment buildings.

(2)

A common area may not include: Any public or private thoroughfare or any designated or required setbacks from structures.

Community residential facility means:

(1)

A community group home for developmentally, mentally or severely disabled persons that does not provide skilled or intermediate nursing care;

(2)

A youth foster home or youth group home, as defined in MCA 41-3-1102;

(3)

A group home operated in accordance with regulations of the state for the rehabilitation of alcoholics or drug dependent persons; or

(4)

A licensed adult foster family-care home.

Computer and data processing business means a business engaged in the accumulation, organization and management of information of use primarily to other businesses and organizations.

Conditional use means a land use that is allowed in a specific land use district if the use meets certain requirements intended to maintain and ensure the health and safety of the community and to maintain or enhance the character of the district.

Condominium is a multiple use complex, the units of which are individually owned and deeded but with all of the owners sharing in joint ownership of the underlying property and the areas of common use. All condominium agreements and regulations shall comply with the subdivision provisions provided herein, shall be filed with the Town of Stevensville and recorded as a property deed restriction.

Convenience store means a retail land use that combines retail food sales with fast foods or take-out food service.

Cooperative parking means the development and use of parking areas on two or more separate properties for joint use by the businesses on those properties.

Curb cut means an actual physical cut in the curbline or the specified access area for the passage of vehicles from the public right-of-way or private street to private property or public property.

Day care center means an out-of-home place, licensed and registered with the state, in which day care is provided to 13 or more children on a regular or irregular basis. The term does not include a place where day care is provided if a parent of a child for whom day care is provided remains on the premises.

Density means the total number of dwelling units allowed per gross acre.

Dwelling, duplex, means a building containing two kitchens and designed to be occupied by two families living independently of each other, but not including a single-family dwelling with an approved accessory dwelling unit.

Dwelling, multifamily, means a building, or portion thereof, designed for residential use by three or more families living separately.

Dwelling, single-family, means a building designed for residential use and intended for occupancy by one family only.

Dwelling unit means a building, or portion thereof, designed for residential use and providing separate cooking, eating, sleeping and living facilities for one family and its resident domestic employees.

Drive-thru eating and drinking establishment means a building or structure that is designed and intended to serve persons food or beverages in their vehicles, which food and beverage is then taken off-site for consumption. The term "drive-thru eating and drinking establishment" includes establishments that may also serve customers outside of their vehicles.

Easement means a grant or authorization by a property owner of the use of any designated portion of land by the public generally or by a corporation or persons for specified purposes.

Eating and drinking establishments. See restaurant.

Family means an individual, or two or more persons related by blood or marriage, or a household of not more than five persons who need not be related by blood or marriage living together as a single nonprofit housekeeping unit. Domestic resident employees serving on the premises may not be counted as part of a family.

Family day care home means a private residence, registered with the state, in which day care is provided to three to six children on a regular basis.

Farm supplies equipment store, means a retail business that sells hay, grain, feed, and the like, for consumption by farm animals or domestic pets, plus merchandise and small motorized and non-motorized tools and equipment that aid in the production of food and fiber.

Floor area means the total number of square feet of floor space within the exterior walls of a building. Floor areas of basements shall not apply as part of the required minimum floor area of buildings.

Food and convenience store means a retail business that combines retail food sales with fast food service or takeout food service.

Fractional numbers, in determining the requirements of this chapter, whenever a fraction of a number or a unit is one-half or more, and whenever a fraction of a number or a unit resulting from a computation is one-half or more, said fraction shall be considered as a whole or a unit.

Garage, automotive repair, means any building or premises used for major repairs of motor vehicles, but not including auto wrecking or storage of wrecked cars. Repair activity shall be conducted in enclosed places or screened from public view.

Garage, private, means a sheltered or enclosed space designed and used for the storage of motor vehicles, or boats, or assorted items of the residents of the premises.

Gasoline service stations means any building, or portion thereof, and the land upon which it is situated used for supplying fuel and/or oil for motor vehicles at retail direct to the consumer and/or making minor vehicle repairs, servicing (lube, oil, filter), and automobile washing.

General merchandise means a wide variety of consumer products for retail sale typically in department stores, general stores, dry goods stores and variety stores.

Grade means the point of elevation of the ground surface, either finished or existing at the exterior wall of the building.

Gross square feet means the total area of a lot or building, calculated by measurements of the outermost perimeter of the area involved.

Group day care home means a private residence or other structure, registered with the state, in which day care is provided to seven to 12 children on a regular basis.

Group home. See community residential facility.

Health club means a facility featuring exercise, sports and other physical fitness conditioning with limited subordinate services.

Heavy machinery means motorized, wheeled equipment intended for use in moving earth, construction, logging, agriculture and similar endeavors.

High technology light industry means businesses engaged in technology research, development, testing, assembly and manufacturing.

Historic downtown means that property abutting Main Street from 1 st Street to South Avenue plus that property along the west side of Church Street from 1 st Street to 5 th Street and the east side of Buck Street from 1 st Street to Central.

Home furnishings, retail, means the retail sale of furniture and associated accessories such as lamps, floor coverings, wall coverings and accents.

Home occupation means the use of a portion of a dwelling unit, or an attached or detached garage as an office, studio or work room for occupations at home by one or more persons residing in the dwelling unit. No home occupation shall occupy more than 20 percent of the gross floor area nor more than 400 square feet of gross floor area. The activity must be clearly incidental and subordinate to the use of the building as a dwelling unit, and shall not change the character of the appearance thereof.

Homeowner agreement means a legally binding document or declaration of restrictions, covenants and conditions of a subdivision or development.

Hospital means a building designed and used for the medical, surgical diagnosis, treatment and housing of persons under the care of doctors and nurses.

Hotel/motel means a building, or buildings, containing six or more rooms designed for and rented out for sleeping purposes for travelers, and where only a general kitchen and dining room may be provided within the building or in an accessory building.

Indoor recreation means an activity that occurs inside a structure that involves individuals participating in physical activities in facilities, including, but not limited to: swimming pools, bowling alleys and tennis courts.

Infrastructure access fees (IAF) are in addition to connection charges and other service charges and are assessed to any new development to help defray the cost of excess water and sewer system capacity. The charge represents the proportionate capacity of the general benefit facilities required by the new development. Revenues collected from IAFs are to retire any debt encountered in constructing the general benefit facilities or in contributions to the system capital improvement fund.

Interpretive center means a public park facility designed to increase the community's understanding and appreciation of natural and cultural history which may include components such as exhibit, display, educational and research facilities; interpretive kiosks; wildlife viewing areas; scenic vistas; self-guided trails and interpretive signs and labels.

Junkyard means primary or accessory use of a parcel of land for the storage, dismantling or selling of cast-off or salvage material of any sort in any other than the original form in which it was manufactured and/or assembled thus, not including reconditioned secondhand furniture, fixtures, or antiques sold from within a walled building.

Kennel means a place where four or more adult dogs and/or cats are boarded or bred, generally with compensation provided to the person providing the facilities and care.

Land and building development, construction and maintenance includes the offices and staging areas for contract construction services such as building construction; plumbing, heating and air conditioning; painting and decorating; masonry and tile, carpentry and flooring; roofing and sheet metal, concrete, well drilling, and other special construction trade services, but not including the outside storage of heavy equipment.

Land use means the use to which an area of land, or building thereon, is put; or the human activity taking place thereon.

Land use district, also referred to as a zone, is a geographical area designated in this chapter and delineated on the zoning map for which requirements for the use of land and structures and development standards are prescribed.

Landscaping means the placement of ornamental fixtures such as fountains, ornamental walls, fences, benches, along with vegetative plantings of trees, shrubs, grass, flowers, etc. The term "landscaping" shall also include the designing of the placement of such materials.

Legally created lot means a lot properly created pursuant to the laws and requirements of the state and the local government having jurisdiction at the time of the lot's creation.

Livestock means horses, cattle, sheep, goats, swine, donkeys and mules.

Loading berth, off-street, means an off-street space or berth on the same lot with a principal building for the parking of commercial vehicles while loading or unloading merchandise and which has direct access from a public street or alley.

Lot means a parcel or tract of land shown as an individual unit of ownership on a certificate of survey, subdivision plat, deed or other instrument of record.

Lot, corner, means a lot located at the intersection of two or more streets.

Lot coverage means the total area of a lot covered by the principal and accessory buildings.

Lot depth means the mean distance between the front street line and rear lot line.

Lot frontage means the distance between the two points where the side lot lines of a lot intersect the boundary of the public street right-of-way. For corner lots, the front of a lot shall be along the street from which the address is derived.

Lot, interior, means a lot with only one frontage on a street.

Lot lines mean the geographic boundaries of a parcel.

Lot width means the mean dimension of the lot measured at right angles to its depth, between the side lot lines.

Main Street USA refers to a program of the trust for historic preservation that includes guidelines for downtown development that are intended to maintain or enhance the historic character of structures and the general streetscape.

Manufactured home means a single family dwelling built offsite in a factory on or after January 1, 1990, that is placed on a permanent foundation, is at least 1,000 square feet in size, has a pitched roof and siding and roofing materials that are customarily, as defined by local regulations, used on site-built homes, and is in compliance with the applicable prevailing standards of the U.S. Department of Housing and Urban Development at the time of its production. A manufactured home does not include a mobile home or housetrailer as defined in MCA 15-1-101.

Manufacturing uses means establishments engaged in the mechanical or chemical transformation of materials or substances into new products.

Miscellaneous retail trade means a category of retail goods, including drugs, liquor, antiques, books, sporting goods, jewelry, florists, photo supplies, video rental and computer supplies.

Mobile home means a transportable, residential structure fabricated at a factory, not in accordance with the Uniform Building Code nor with the standards of the federal manufactured home construction and safety standards (HUD Code enacted in 1976), and designed for transportation on its own chassis to a mobile home park where it may be used as a dwelling unit when it is connected to sanitary, water, and electrical services.

Mobile home park means a parcel of land that has been planned and improved for the placement of mobile homes for residential use.

Modular home means a home built in sections at a factory and built to conform to all state and local building codes at their destination. Sections are transported to the site on truck beds and then joined together by contractors.

Net square feet, also referred to as useable square feet, means the calculated by measurements of all useable space within the interior of an area, lot or building.

Night sky means the sky as seen at night with only natural light sources such as moonlight, starlight and airglow and free of interference from artificial light sources.

Nonconforming means a land use, structure or lot which conformed to the applicable codes in effect on the date of its creation, but which no longer complies because of changes in code requirements or annexation.

Nonconforming land use means the use of a structure or of land that does not conform to the regulations of the land use district in which the use exists.

Nonconforming lot means a lot that does not conform to the dimensional requirements of the land use district in which it is located.

Nonconforming structure means a structure that does not conform to the dimensional requirements of the land use district in which it is located.

Nursing home means a building, or portion thereof, used to house and care for ambulatory, aged or infirm persons under the care and supervision of a professional staff.

Office building means a building designed to be used primarily for the purpose of providing services that are generally professional, educational, administrative, financial or governmental in nature.

Open space means areas intended for common use either privately owned and maintained or dedicated to the town, designated for outdoor living and recreation or the retention of an area in its natural state, and normally including swimming pools, recreation courts, patios, open landscaped areas and greenbelts with pedestrian, equestrian and bicycle trails. The term "open space" does not include off-street parking or loading areas or driveways.

Outdoor recreation means an activity that occurs outside a structure that involves the public participating in physical activity at facilities, including, but not limited to: golf courses, skateboard parks, swimming pools and tennis courts.

Park and ride lot means a parking facility that exists as either a public lot or as a joint use on a private accessory parking lot, where commuters leave their private automobiles and transfer to public transportation or to a private carpool or vanpool.

Parking, commercial, means an off-street lot providing parking to the public for a fee.

Parking space, off-street, means a space located off any public right-of-way with access to a public street or alley adequately sized for the parking of any motor vehicle.

Permitted use means any use authorized or permitted in a specified land use district and subject to the regulations of such district.

Personal services means an establishment that provides services involving the care of a person or of a person's apparel, such as laundry and dry cleaning services, beauty shops, barber shops, shoe repair shops and tailors.

Planned unit development means a land development project designed and planned in a comprehensive manner that allows for innovations and special features in site development, including the location of structures, conservation of natural land features, conservation of energy and efficient utilization of open space.

Private school means any school not operated by a public institution. The private school facility shall be located in the C-1 and C-3 commercial land use districts, and must comply with the state building codes for commercial buildings, as well as other pertinent state statutes.

Professional office means offices occupied by accountants, architects, dentists, doctors, engineers, lawyers, financial and insurance agents, real estate agents and other professions which are of a similar nature.

Professional services means a category of services provided to the general public by individuals or groups of individuals who have received extensive training in the following categories: medicine; dentistry; architecture; engineering; planning; accounting; and other such professions.

Recreational vehicle means a vehicular portable structure designed as a temporary dwelling for travel, recreation and vacation uses which is not more than 100 inches in body width and not more than 32 feet in body length.

Recreational vehicle park means a premises or tract of land used for public camping where persons can rent space to park individual camping trailers, pickup campers, motor homes and travel trailers.

Regional utility system means an element of any utility system such as an electrical or natural gas distribution system that serves a geographic larger area than the town.

Religious activity means a land use operated for worship, meditation or prayer in a facility operated by an organization granted tax-exempt status by the Internal Revenue Service. The facility in which religious activity takes place may be a church or may be a building not originally intended for religious activity.

Restaurant means a public eating facility that does not provide curb-side or drive-thru automobile service. The term "restaurant" may include a takeout restaurant from which food may be taken to be consumed off the premises, and a sit-down restaurant in which all food and drink is consumed on the premises.

Restaurant, drive-thru, means a public eating facility that provides for curbside or drive-thru automobile service.

Retail sales means an establishment selling goods, wares or merchandise directly to the ultimate consumer.

Right-of-way means all public streets and property dedicated to public use for streets together with public property reserved for public utilities, transmission lines and extensions, walkways, sidewalks, bike paths or equestrian trails.

Screened means concealed or cut off from direct visual contact.

Senior citizen dwelling means dwellings designed exclusively for, and occupied by, families, each of which has at least one person of 62 years of age or older.

Setback means the horizontal distance required between any structure and a lot line. This distance is to be measured at right angles to the property line.

Setback, front, means a required open space unoccupied by any structure or portion of a structure and extending across the full width of the lot between the front building line and the front lot line, perpendicular to and measured from the front lot line.

Setback, rear, means a required open space between a building and a rear lot line unoccupied by any structure or portion of a structure and extending across the full width of the lot, perpendicular to and measured from the rear lot line, except for any portion thereof which overlaps a street side.

Setback, side, means a required open space between a building and the nearest side lot line unoccupied by any structure or portion of a structure and extending along the full depth of the lot perpendicular to and measured from the side lot line.

Shopping center means one or more buildings containing at least three separate retail businesses that are planned, developed and managed as a unit, with off-street parking provided on the property.

Sign means any device, fixture, structure or placard that uses any color, form, graphic, illumination, symbol or writing to advertise, announce the purpose of, or identify the purpose of a person or entity, or to communicate information of any kind to the public. It does not include paper flyers.

Solar energy equipment means items including, but are not limited to, solar panels/shingles, lines, pumps, batteries, mounting brackets, framing and or foundations used for or intended to be used for the collection of solar energy in connections with a building on residential, municipal or commercial property.

Solar energy system means an energy system which converts solar energy to useable thermal or electrical energy to meet a building's energy needs.

Storage shed, large means an accessory building of more than 120 square feet, which must meet all building and zoning requirements of the district in which it is to located.

Storage shed, small means an accessory building of 120 square feet or less that is exempt from building and zoning requirements.

Structural alteration means any change in the shape or size of any portion of a building or of the supporting members of the building or structure such as walls, columns, beams, arches, girders, floor joists or roof rafters.

Structure means a combination of materials constructed and erected permanently on or under the ground, excluding fences.

Studio dwelling unit means an apartment with unseparated area for sleeping and/or cooking with a floor area of at least 450 square feet.

Subordinate use means a use which is secondary or incidental to a permitted use, located on the same lot or in the same structure as the permitted use and which is functionally related to the permitted use, and which is generally limited in size to 25 percent of the floor area devoted to the related permitted use.

Tavern means an establishment whose principal business is serving alcoholic beverages for consumption on the premises.

Textile manufacturing means a land use for the manufacture of woven fabrics, rugs and carpets, dyeing and finishing of fabrics, and other similar textile goods.

Townhouse means a single-family dwelling unit constructed in a group of two or more attached units in which each unit extends from foundation to roof with open space on at least two sides and which allows each unit, along with the underlying property, to have individual ownership.

Tree means a woody perennial plant, typically having a single trunk and bearing lateral branches as some distance from the ground.

Use means any purpose for which a building or other structure or a tract of land may be designed, arranged, intended, maintained or occupied in any legal activity, occupation, business or operation carried on or intended to be carried on in a building or other structure or on a tract of land.

Utility facility means public utility buildings, telephone exchanges, sewage pumping stations, gas, water and electrical distribution substations, and similar facilities located on a specific site and necessary for the operation of a public utility.

Utility system means physically dispersed elements through which a public utility supplies service.

Variance means the relaxation of the strict application of the terms of this chapter, approved by the town council with respect to physical requirements such as dimensional requirements, parking and loading space requirements, etc., where specific conditions unique to the particular site would create an unreasonable burden if the requirements were strictly applied to the development of a permitted use.

Veterinary clinic means a place where small animals or household pets are given medical or surgical treatment, including the offices of one or more licensed veterinarians, including operating space and space for the overnight keeping of recuperating animals.

Wholesale establishment means an establishment for the sale of goods and merchandise for resale instead of for direct consumption.

Zero lot line means the relaxation of the strict application of side setback requirements where two adjoining lot owners agree to eliminate two adjoining side yards and transfer the eliminated side yard setbacks to the opposite side yards of the adjoining lots. (Two single-family dwelling units may be constructed on the lot line with a common wall, and more useable side yards are created for each dwelling unit.)

Zoning administrator means that official designated by the mayor as the official responsible for reviewing applications for building and land use permits for conformity to this development code and for interpretations and enforcement of its provisions.

(Res. No. 168, § 16.10.020, 3-26-2001; Ord. of 1-8-2007(1); Ord. No. 154, § 1, 1-8-2015)

Sec. 10-2. - Interpretation of certain words.

For purposes of this chapter, the following conditions and interpretations apply:

(1)

Terms used in the present tense include also the future tense.

(2)

Terms used in the singular number include the plural; words used in the plural include the singular, unless the natural construction of the wording indicates otherwise.

(3)

The term "person" includes a firm, association, corporation, trust, organization, partnership or company, as well as an individual.

(4)

The term "lot" includes the terms "parcel" or "tract."

(5)

The term "shall" is mandatory; the term "may" is permissive.

(6)

The term "used" or "occupied" shall include their meaning "intended, arranged or designed to be used or occupied."

(7)

The term "building" includes structure and the term "structure" includes building.

(8)

The terms "land use district" and "zoning district" are interchangeable.

(Res. No. 168, § 16.10.010, 3-26-2001; Ord. No. 154, § 1, 1-8-2015)

Sec. 10-3. - Purpose.

(a)

By adopting this chapter, the town council recognizes that it is appropriate to regulate the use of land in order to promote the public health, safety and general welfare. The town council recognizes the opportunities to retain a small town environment by providing a reasonable framework for private enterprise or initiative and encouraging high quality development.

(b)

This chapter, in order to secure the greatest benefit from the development opportunities that exist in the town, adheres to the following principles:

(1)

A comprehensive approach to land planning and development is in the best interest of the community as a whole.

(2)

Numerous and varied uses of the land create a vibrant and stable community. Certain of such uses are compatible and are intermingled with each other, and others are incompatible and must be segregated.

(3)

Development standards are based on the best accepted contemporary practice, rather than on past practices. Contemporary practice provides for a regulatory framework, but allows for sufficient flexibility to accommodate new or unique circumstances.

(4)

Design of development plans in commercial areas and for multifamily development will be reviewed to ensure compatibility with existing or intended land use and development patterns, including historic preservation.

(5)

Certain uses that may adversely affect adjoining land uses or the general public welfare, unless regulated in a particular way and meeting established standards and criteria, may be allowed as conditional uses subject to review by the planning and zoning board and the town council.

(6)

It is appropriate to regulate the land uses within a one-mile perimeter of the town limits as these areas are likely to require town municipal services and will likely annex to the town in the future.

(Res. No. 168, ch. 16.00, 3-26-2001; Ord. No. 154, § 1, 1-8-2015)

Sec. 10-4. - Severability clause.

Should any section or provision of this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of this chapter as a whole or any part thereof other than the part so declared to be unconstitutional or invalid.

(Res. No. 168, § 16.100.050, 3-26-2001; Ord. No. 154, § 1, 1-8-2015)