Notwithstanding any special condition imposed by the zoning commission, the board of zoning adjustment or the board of aldermen, no lot, buildings or structures shall be constructed, built, moved, remodeled, reconstructed, occupied or used that does not meet or exceed the minimum development standards set forth in this chapter. These standards shall equate into site triangles, curb cuts, density levels, required yards, height limitations, buffer standards, accessories, etc.

(Ord. No. 572, art. V, pt. II, 7-16-96)

Notwithstanding the exception of buildings within the central business district, nonconforming structures, traffic and street signs, there shall be no development located within the regulatory sight triangle at all street corners. This sight triangle is formed by the intersecting street or pavement curb extending horizontally to form a point of intersection measured along such street. The minimum distance created by a sight triangle shall be 30 feet, which shall be kept free and clear of any and all obstructions that could pose a visual impairment to ingressing and egressing traffic.

(Ord. No. 572, art. V, pt. II, 7-16-96)

There shall be no required curb cuts throughout the town with the exception of state-controlled highways. On the state-controlled highways, curb cuts shall be limited to 35 to 40 feet as dictated by state law. In order to be consistent with state statutory provisions, any and all development taking place along a state- or federal-controlled corridor will be required to receive a curb cut permit from the regional office of the state department of transportation and development.

(Ord. No. 572, art. V, pt. II, 7-16-96)

In calculating the amount of development permitted on a parcel of land, density or intensity shall be based on the gross area of land subject to development with the floor area ratios and relative units per acre being determined therefrom.

(Ord. No. 572, art. V, pt. II, 7-16-96)

Notwithstanding any other special condition imposed by a governing body, the front yard designation of a corner lot may be designated by the landowner in his application for development approval. In making such designations, consideration shall be given to the predominant front yards in the immediate vicinity. The minimum required yard on the opposing side of a corner lot which adjoins a public street shall be one-half of the front yard requirement for that particular use.

(Ord. No. 572, art. V, pt. II, 7-16-96)

Notwithstanding any other provision of this chapter regarding required front yards, if 50 percent or more of the structures fronting within a block face where a proposed development is to take place is less than the required front yards for the applicable zoning district, the required front yard of the proposed development shall be consistent with the predominant setbacks within the area.

(Ord. No. 572, art. V, pt. II, 7-16-96)

From the point of the effective date of the ordinance from which this chapter is derived, no building or portion thereof shall be constructed, moved, reconstructed, or enlarged within a distance of eight feet from the edge of a pavement or roadway of any public street or highway unless a variance has been issued from the board of zoning adjustment.

(Ord. No. 572, art. V, pt. II, 7-16-96)

Notwithstanding public hearing by a board or body, all uses that are authorized by a certificate of zoning compliance shall principally be required to exist within the principal structure as identified. Except as otherwise permitted for an approved temporary use, no equipment or device which is designed for use primarily as a vehicle of conveyance shall be used as a permanent shelter or enclosure for commercial activity. Trailers or trailer conversions shall not be placed on any parcel of land for the purpose of providing shelter or enclosures for the storage or sale of goods, the conduct of services, the housing of persons or other activity normally conducted within a permanent building or structure.

(Ord. No. 572, art. V, pt. II, 7-16-96)

As defined in section 22-1, accessory uses are permissible in any zoning district in connection with any principal use lawfully existing within such district, provided that all other developmental regulations are met. These regulations are as follows:

(1)

All detached accessory structures and uses in any residential district, other than fences, shall be located in the rear or side yard of the residential unit.

(2)

Fences may be located at any point on the lot.

(Ord. No. 572, art. V, pt. II, 7-16-96)

(a)

Purpose. The purpose of this section is to regulate the continued existence of uses, lots and structures lawfully established prior to the effective date of the ordinance from which this chapter is derived and which have not obtained special exception status under the provisions of this chapter.

(b)

Nonconforming uses.

(1)

Ordinary repair and maintenance. Notwithstanding any other special allowance by a governing body, all legally existing nonconforming uses can be maintained, repaired and with general upkeep be permissible as a matter of right.

(2)

Extensions and modifications. Unless a special exception is granted by the board of zoning adjustment, nonconforming uses and/or buildings shall not be modified, extended or enlarged by any external addition to the structure or the expansion of the use shall not be permissible.

(3)

Relocations. A structure housing a nonconforming use may not be moved to another location unless that location allows the intended use as a matter of right or approval has been granted through administrative procedures. Therefore, a structure housing a nonconformity shall comply with the underlying zoning limitations of the district into which it is moved.

(4)

Change in use. A nonconforming use and structures shall not be allowed to be changed to another nonconforming use or structure unless approval has been rendered by the zoning authority or a change in the underlying zoning district has taken place.

(5)

Termination. Unless otherwise approved under the special exception provisions of the board of zoning adjustment or an act of the zoning commission and board of aldermen, all nonconforming uses and structures shall be allowed continuance without interruption in perpetuity. Should, however, a nonconforming use or structure be interrupted or discontinued for a period of one year, any further occupancy of the building or uses associated therewith shall conform with the underlying zoning district in which it is located.

(c)

Nonconforming accessory uses and structures. Consequent to the provisions of this chapter, no nonconforming accessory use or structure shall continue in force or effect after the principal structure or use shall have ceased or terminated, unless such structures or use shall thereafter conform to the use limitations of the district in which it is located.

(d)

Nonconforming lots of record. Notwithstanding any other provision of this chapter, all nonconforming lots of record in existence at the time of the effective date of the ordinance from which this chapter is derived may be developed, provided that such a lot was not in common ownership with an adjoining lot of record at the time the nonconformity was created.

(Ord. No. 572, art. V, pt. II, 7-16-96)

(a)

Authority. Temporary uses shall be permitted in any established zoning district subject to the standards established in this section, provided, however, that all temporary uses shall meet the general regulations, parking restrictions and other pertinent uses of the underlying zoning district.

(b)

Particular temporary uses permitted. Permissible temporary uses that shall be considered as a matter of right are conditionally provided as follows:

(1)

Garage sales, as long as they are limited to three sales per year.

(2)

Indoor/outdoor art and craft show exhibits and sales.

(3)

Contractors offices and equipment sheds which shall be limited to the actual period of construction and shall be terminated 30 days after completion of the construction.

(4)

Sales of Christmas trees or other seasonal goods provided that such sales are located on property with direct access to collector or arterial street corners.

(5)

Temporary religious revival tents for not more than 30 days.

(6)

A manufactured home built on a chassis not otherwise permitted in the zoning district created for temporary emergency housing in medical hardship cases for a renewable period of one year, provided that the following conditions are met:

a.

Written certification of medical and/or economic hardship is presented to the administrator stating the nature and intent of the condition;

b.

The manufactured home is adjacent to the lawfully permitted house or housing unit of one related by blood or marriage;

c.

A permit is issued for a temporary manufactured home; and

d.

After one year a request for special exception is made to the board of zoning adjustment to allow continuance and to determine the appropriateness and verification of the enumerated conditions.

(7)

Truck trailers used for the temporary storage of goods or equipment in connection with general retail sales and service for a period not to exceed 30 days.

(8)

Mobile home structures to be used for institutional uses not to exceed a nonrenewable period of one year.

(9)

Other temporary uses which are in the opinion of the administrative official consistent with the provisions of this section and will not exceed more than one year in duration.

(Ord. No. 572, art. V, pt. II, 7-16-96)

(a)

Authority and purpose. It is established that home occupations shall be permitted in a residential dwelling unit provided that the home occupation does not intrude, impact, injure or negatively affect the residential viability of the surrounding neighborhood. The purpose of this section is to protect and maintain the residential character of an established neighborhood while recognizing that particular professional and limited business and commercial activities can be traditionally carried on in the home and can be compatible with the longterm integrity and viability of the residential community without visual impact or negative intrusion onto the liveability of sensitive residential areas.

(b)

Particular home occupations permitted. Permitted home occupations can be permissible as a matter of right or as follows:

(1)

Homebound employment of a physically, mentally, emotionally impaired individual who is unable to work away from the home by reason of the disability.

(2)

Office facilities for sales representatives.

(3)

The studio or laboratory of an artist, musician, photographer, craftsman, writer, tailor, seamstress or similar person, provided that the existence of the home occupation will not increase the number of average daily automobile trips generated by the residence in which the home occupation is located and there are no other visual indications of the home occupation being conducted within the home.

(4)

Office facilities for accountants, architects, beauticians, brokers, doctors, engineers, lawyers, insurance agents, realtors and members of similar professions, provided that the existence of the home occupation will not increase traffic generations and there are no other physical impacts within sensitive residential areas.

(5)

Day care facilities for children and/or elderly or physically impaired individuals that are in compliance with state, federal and local regulations, not to exceed more than nine children on the premises or two adult-impaired individuals.

(6)

Bed and breakfast facilities when it can meet the use limitations for home occupations and development standards of the underlying district.

(c)

Use limitations. In addition to the requirements of the underlying zoning district in which a home occupation is located, all home occupations shall comply with the following restrictions:

(1)

The home occupation shall be conducted entirely within the enclosed principal structure and shall not be visible from any residential structure or public right-of-way.

(2)

No mechanical, electrical or other equipment which produces noise, electrical or magnetic interference, vibration, heat, glare or other nuisance outside the residential or accessory structure shall be used.

(3)

No home occupation shall be permitted which is noxious, offensive or hazardous by reason of vehicular traffic, generation or emission of noise, vibration, smoke, dust or other particulate matter, odorous matter, heat, humidity, glare, refuse, radiation or other objectional emissions.

(4)

No sign shall advertise the presence or conduct of the home occupation other than a nonilluminated nameplate which:

a.

Does not exceed two square feet in size;

b.

Is not located within any public right-of-way; and

c.

Is not offensive and not obtrusive and shall, to the greatest extent practicable, blend in with the neighborhood character by way of architectural treatment, paint, etc.

(Ord. No. 572, art. V, pt. II, 7-16-96)

(a)

Purpose. This section is intended to establish standards for the provision of off-street parking in order to reduce congestion in the public streets and promote the public safety and welfare by ensuring the availability of adequate off-street parking facilities in the town and to allow for progressive movement ingress and egress in a forward motion.

(b)

Number of required spaces. Off-street parking shall be provided for each use in accordance with the following requirements:

(1)

Residential dwelling units: One space per unit.

(2)

Schools:

a.

Elementary and junior high schools: Two spaces per classroom.

b.

High schools, colleges, universities and trade schools: One space per every 200 square feet.

c.

Preschool educational facilities or child care centers: Three spaces.

(3)

Churches: One space per every ten seats.

(4)

Public uses: One space per every 500 square feet.

(5)

General commercial: One space per every 500 square feet.

(6)

Recreational facilities: One space per every 300 square feet.

(7)

Institutional uses: One space per four hospital beds.

(8)

Business and professional offices: One space per 500 square feet.

(9)

Restaurants and entertainment uses: One space per 200 square feet.

(10)

General retail sales and services establishments: One space per 500 square feet.

(11)

Hotel or motels: One space per room.

(12)

Industrial uses including wholesale and warehouse uses: One space per five working people.

(c)

Design of required parking spaces.

(1)

Each required parking space shall have the minimum dimension of nine feet by 18 feet.

(2)

To the greatest extent practicable, all parking areas shall not extend into any public right-of-way or into any required landscaped area.

(d)

Limitations on use of parking lots and structures. No parking lot or structure may be used for the servicing, repair or washing of motor vehicles except for charitable or nonprofit organizations when considered as a temporary use. Parking requirements are exempt in the central historic business district.

(Ord. No. 572, art. V, pt. II, 7-16-96)

(a)

Purpose. The purpose of this section is to establish and promote the harmonious use of land through effective sight planning and the use of landscaped areas and fencing which are constructed of natural or natural-appearing materials between uses that are different in character and/or magnitude.

(1)

Buffer yards and structural and/or vegetative buffering shall be provided to minimize the impact of multifamily commercial or industrial districts and uses upon adjacent residential districts or uses.

(2)

Buffer yards shall be constructed or maintained at the expense of the applicant for commercial, multifamily or industrial development and shall be maintained for the duration of the proposed development.

(3)

Buffer yards shall be constructed in accordance with this chapter unless a notarized agreement between the applicant for development review and the adjourning residential property owners is filed with the administrative office stating that it is mutually acceptable that no buffering will be provided, or mutually acceptable that less restrictive buffering would be provided and acceptable.

(b)

Required buffer yards.

(1)

Whenever an existing residential use is bounded and adjacent to a proposed multi-family or commercial use, the proposed use will install a six-foot high buffer fence for the entire length of the property that is adjacent. Although the buffer fence shall be placed on the property line, a five-foot buffer fence width will also be maintained that will be void of any parking apron, building, structure, or accessory use.

(2)

When existing residential uses abuts an industrial zone or use, the proposed use in the industrial zone will provide a minimum of ten feet in width between itself and the residential use in addition to the installation of the six-foot buffer fence.

(3)

Required buffer fences in all zoning districts shall be compatible and in harmony with the nature of the surrounding neighborhood district and shall be constructed of vegetation, solid masonry, brick or concrete walls, solid cedar, redwood or other durable pressure-treated wood materials, or vinyl PVC fencing, or fences of similar quality and density (spacing of vertical boards shall not exceed one-quarter inch) that blocks from view the business multi-family or non-residential use from the single-family district or use.

(Ord. No. 572, art. V, pt. II, 7-16-96; Ord. No. 620, §§ 1, 2, 2-6-01; Ord. No. 758, § 1, 12-1-15)

(a)

Purpose. The purpose of this section is to ensure that all signage in the town will not constitute a visual blight on the landscape and character of the town and further poses no hazard to vehicular or pedestrian traffic.

(b)

General prohibition. No person shall develop, install, locate, construct or cause any sign to be put in any district in the town except as expressly authorized in this section and in conformance with all other codes and ordinances of the town, i.e., building standards, electrical requirements, setbacks, etc.

(c)

Rules of general applicability.

(1)

Location of signs.

a.

No portion of any sign shall be located within the 30-foot visibility triangle at intersecting street corridors.

b.

All signs and sign structures shall be located a minimum of five feet from the front property line and/or right-of-way line of any public street or highway and shall remain free and clear without projecting into any public right-of-way or further interfere with overhead transmission lines.

c.

In addition to freestanding pile-on signs, facade signs or signs that are integrated into the front portion of the building shall be considered separate and will not be considered in the total accumulated signage allowable in a permit application. Any sign mounted or integrated into the front or side facade of the building shall not extend beyond such building and shall not exceed more than 50 percent of the front or side facade of the building. Freestanding signs mounted on top of or on the front of the roof are prohibited, although facade signs can be mounted onto the mansard or fascia of the building.

(2)

Maximum height of signs. No portion of any sign or sign structure shall exceed the following height limitations:

a.

The height of any sign structure shall be measured from the finished grade at ground level to the tallest portion of the sign.

b.

Facade signs shall not extend above the top of such facade.

c.

Freestanding signs shall not exceed a height of 35 feet, except within interstate roadway corridors. In such interstate roadway corridors the height limit for all signs shall be 60 feet above grade.

(d)

Permitted on-premises signs.

(1)

Permitted signs in residential and mixed residential districts. No commercial sign being on-site or off-site advertising mediums shall be allowed in residential or residential mixed districts with the exception of a two-square-foot sign in conjunction with a home occupation as allowed by this chapter.

(2)

Neighborhood commercial. One freestanding sign structure for a building-mounted sign or freestanding sign per nonresidential use shall be allowed, and shall not exceed more than 50 square feet of the total sign face area visible from any single point.

(3)

All other business and industrial districts.

a.

In all other remaining zoning districts except agricultural, notwithstanding height and setback provisions, there shall be no limit to the amount of signage allowed on freestanding signs throughout the district.

b.

Not more than one freestanding sign structure shall be located on any single parcel of land except those parcels that are located at the corner of arterial and collector roadways. In such cases, there shall be one freestanding sign structure per street frontage.

(e)

Permitted off-premises signs in business and industrial districts. All off-premises advertising signs shall be placed in established business, commercial and/or industrial districts and shall be subject to the following requirements:

(1)

Roadway corridor. No off-premises sign shall be located outside a designated roadway corridor. For the purpose of this section, a roadway corridor shall be an area parallel to and lying on either side of the center line of a roadway as follows:

a.

Collector: 100 feet on each side.

b.

Arterial: 200 feet on each side.

c.

Interstate: 300 feet on each side.

The measurement in interstate corridors shall be taken from the centerline of either the eastbound or westbound lanes and extended therefrom.

(2)

Spacing. At intersecting roadway corridors there shall be a minimum distance of 300 feet between any off-side sign existing within the corridor. Notwithstanding this provision, no off-premises sign shall be located less than the following minimum distances:

(f)

Permitted portable signs. Notwithstanding any other state or local requirements, portable signs shall not be permissible.

(Ord. No. 572, art. V, pt. II, 7-16-96)