No building, structure, or land shall hereinafter be used or occupied, and no building or structure or part thereof shall hereafter be altered, erected, constructed, or reconstructed, unless in conformity with all the regulations herein specified for the district in which it is located.

(Code 1992, § 180-3.1)

Any lawful use of land or structure existing at the time of adoption of the ordinance from which this chapter is derived or subsequent amendment of this chapter may be continued with the following limitations:

(1)

Expansion of nonconforming uses and structures. Nonconforming uses and structures may upgrade, repair or make alterations to their facilities; provided however that no upgrade, repair or alteration to the facility may extend beyond the nonconforming lot or structure existing at the time of the adoption of the ordinance from which this chapter is derived. No nonconforming use or structure may be enlarged by adding thereto additional land, buildings, or structures.

(2)

In the event that any non-conforming structure or any structure used as non-conforming use is destroyed by fire, flood or other calamity not within the control of the owner or occupant, the structure may be rebuilt and the nonconforming use continued provided that the structure is rebuilt or restored on the same lot, to the same size, area and dimensions and in the same location as the destroyed structure, within 18 months of the event. Nothing contained herein shall authorize the reconstruction of any nonconforming structure or any structure used as a nonconforming use which is intentionally demolished or damaged by the owner or occupant.

(3)

Discontinued nonconforming use not to reestablish after six months. No nonconforming use shall be established or reestablished after having been discontinued for six months except by formal appeal to the town council. Vacating of premises or building or non-operative status shall be evidence of a discontinued use.

(4)

Special exceptions.

a.

The board of appeals may grant a special exception to change a nonconforming use to another nonconforming use if the board of appeals, by a specific finding in the case, finds that the proposed use is more appropriate to the district.

b.

A nonconforming use will not be changed to a use considered less appropriate to the district.

c.

The board of appeals may impose conditions on the granting of such a special exception.

(Code 1992, § 180-3.2)

The following are prohibited in all districts:

(1)

Billboards.

(2)

Private or public rifle shooting ranges.

(3)

Junkyards, including those for storage of wrecked, dismantled and abandoned motor vehicles and parts thereof and for storage and sale of other similar scrap materials.

(4)

Salvage yards of any waste materials.

(5)

Mobile homes and mobile home courts or parks.

(6)

The keeping of horses, cattle, chickens and other livestock.

(7)

Accessory apartments and accessory dwelling units.

(8)

Dwelling units located entirely within a cellar in any district outlined in this chapter.

(Code 1992, § 180-3.3)

(a)

Material, size, and access for off-street parking facilities.

(1)

Asphalt, concrete or concrete surfaced off-street parking is required within the corporate limits of the town. The planning commission will review the use of pervious pavers and associated low impact development techniques on a case-by-case basis.

(2)

Parking spaces shall not be less than nine feet wide nor less than 18 feet long.

(3)

Parking access aisles shall not be less than 22 feet wide for 90-degree parking, 12 feet wide for parallel parking, 18 feet wide for 60 degree parking, and 11 feet wide for 45 degree parking.

(4)

Off-street parking facilities shall be provided with vehicular access to a street or alley. The minimum driveway width is 20 feet for two-way ingress and egress.

(b)

Minimum parking requirements. Minimum parking requirements shall be as follows:

(1)

Residential:

a.

Single-family and multi-family dwelling units: two spaces per dwelling unit.

b.

Group homes: one space per bedroom.

(2)

Public and civic:

a.

Schools, except high schools: two spaces for each classroom and one for every eight seats in auditoriums or assembly halls.

b.

High schools: eight spaces for each classroom and one for each teacher and employee.

c.

Hospitals: one space for each hospital bed.

d.

Institutions, clubs, lodges, places of worship and other public and semipublic buildings: one space for each 100 square feet of floor area.

(3)

Commercial/mixed use:

a.

Business and commercial uses: one space per 300 square feet of gross floor area.

b.

Shopping center, one-acre commercial or more: five and six-tenths spaces per 1,000 square feet or fraction thereof of gross floor area.

c.

In the central business district, there shall be no off-street parking space requirement for commercial use conversion of an existing structure. New commercial structures shall comply with subsection (a) of this section, if the lot has vehicular access to a street or alley.

(4)

Industrial: All industrial uses require one space for each employee for the maximum number employed at any one time or one space for each 600 square feet of gross floor area, whichever is greater.

(c)

Additional parking requirements.

(1)

Accessible parking for handicapped and disabled persons shall be guided by the standards set by the Americans with Disabilities Act (ADA).

(2)

Off-street parking facilities shall be located to the rear and/or side of buildings in any commercial or mixed-use area. Parking lots shall not create long expanses of empty street frontage, particularly on those properties fronting main street. The planning commission may permit up to 50 percent of the required parking within the front yard setback if shaded sidewalks and landscape buffering, including shade trees, are adequately provided.

(3)

Shared parking is strongly encouraged. The planning commission may reduce the minimum parking requirements where the applicant can demonstrate the need for fewer parking spaces due to availability of on-street parking, joint parking, and community/shared parking.

(4)

Existing buildings not complying with off-street parking requirements may be remodeled, repaired and structurally altered, but any expansion or enlargement of impervious area must comply with the regulations above and are subject to site plan review.

(Code 1992, § 180-3.4)

(a)

Every building or structure used for other than residential uses and constructed after the adoption of the ordinance from which this chapter is derived shall provide space on the property to be used exclusively for loading and unloading vehicles. Such space shall be in accordance with the following schedule:

(b)

Size of loading spaces. Each space shall be not less than ten feet in width and 45 feet in length and 14 feet in height.

(Code 1992, § 180-3.5)

(a)

General. The following signs are permitted in any district according to the provision of this chapter:

(1)

A personal service sign for a professional office or a home occupation; unlighted or indirectly lighted not to exceed two square feet in size.

(2)

A farm sign, including farm produce stands, displaying the name of the owner, the nature of the farm and advertising only those products produced on the premises, not to exceed two square feet.

(3)

A temporary real estate sign, advertising sale or lease only of the premises on which such sign is displayed as follows.

a.

Residential/other: six square feet maximum.

b.

Commercial/industrial: 32 square feet maximum.

c.

Temporary real estate sign, not to exceed 32 square feet in size, advertising the opening of a subdivision where such sign is located. Each subdivision project is permitted up to two temporary signs. The term "temporary" shall be defined as five years from the date of the issuance of the zoning certificate for the sign or until construction is complete, whichever is less.

d.

No permit is required for any of the above listed signs. However, a zoning certificate is required for all new temporary subdivision signs. (See subsection (a)(3)c. of this section.)

(4)

A sign identifying a nonprofit organization and giving direction thereto, containing no commercial advertising, not exceeding ten square feet in size.

(5)

A temporary sign noting an event of general interest, such as a locally sponsored carnival with a maximum sign size of 50 square feet per road frontage and not to exceed 100 square feet total on the premises. Such signs shall not be erected more than 30 days prior to and shall be removed within ten days after the event.

(6)

Banners and pennants are prohibited except for the following, which are permitted and require a zoning certificate:

a.

A temporary business sign identifying a special, unique, limited activity, service, product or sale of limited duration. Temporary business signs may be requested for permitting no more than three times in a year. A sign may be erected for a period not to exceed 30 days.

b.

Temporary event or seasonal signs announcing a campaign, drive, activity or event of a civic, philanthropic, educational or religious organization for noncommercial purposes. The permitted number of temporary event signs shall be determined by the zoning administrator with consideration given to the public health and safety. Any temporary event sign that is permitted to extend over or onto a public right-of-way shall be erected and maintained in such a manner as not to interfere or obstruct access, activity or vision along any such public right-of-way.

c.

Banners, flags and pennants displayed by, or on behalf of, the municipal government of the town on public or private property.

(7)

One bulletin board on places of worship, school, college, or public property, not to exceed 32 square feet in area.

(8)

Signs directional, informational, or warning in character and referencing neither advertising nor real estate openings - not to exceed six square feet in area.

(9)

Real estate/yard sale directional signs no larger than three square feet in area and three feet in height shall be permitted from 6:00 p.m. Thursday to 8:00 a.m. Monday. This period will be extended to include legal holidays on Mondays or Fridays. Signs shall not be attached to utility poles, traffic control posts/signs, or traffic signal poles. Town staff is hereby authorized to remove any signs found to be in violation of this section, which shall be destroyed if not retrieved within five days, subject to an appeal to the burgess if filed in writing within said five-day period. No zoning certificate is required for this type of sign.

(10)

Removal from town property.

a.

Any sign left or placed upon any street, alley, park, sidewalk or other public place under the ownership or control of the town may be removed by the burgess or any person authorized by him after notice, in writing, to the person responsible for the sign. Such notice shall be given at least 48 hours before the sign is proposed to be removed and shall notify the person responsible for the sign that it will be removed unless that person requests a conference. Any request for a conference must be in writing, at which time the person requesting the same may show cause why the sign should not be removed. The notice shall be delivered to the person responsible for the sign at least 48 hours before the time set out in the notice or mailed to the last known address of the person responsible at least 96 hours before the time set out in the notice. If the person responsible cannot be found, then notice shall be posted on the sign itself at least 48 hours before the time set out in the notice.

b.

If no request for a conference is made, the sign may be removed at or after the time stated in the notice.

(11)

Removal from other property. If a sign is posted, erected or left or any property not owned by the town but in violation of the zoning regulations of the town, then the burgess shall proceed to give notice as set out in subsection (10)a of this section and, in addition, shall give the same notice to the owner of the property or the person who appears to be in possession of the property. If no such person can be found, the notice may be posted on the sign in the manner provided in subsection (10)a of this section. If no request for a conference is made, the sign may be removed at or after the time set out in the notice.

(12)

Conference; judicial relief. If a conference is requested, the burgess shall schedule it and an effort made to resolve the matter. If the matter cannot be resolved by agreement and the burgess rules that the sign must be removed, it will not be removed for five calendar days in order to give any person aggrieved an opportunity to seek judicial relief. If no appropriate court order is served upon the town within that time restraining the removal of the sign, then the sign shall be removed.

(13)

Removal of hazardous signs. Regardless of the provisions of this chapter relating to an opportunity for a conference before a sign is removed, any sign creating a hazard because its size or location blocks the view of traffic or because its placement or size endangers pedestrians or because it creates an immediate physical danger for any other reason may be removed forthwith without prior notice by the burgess or any person authorized by him.

(14)

Notice requirement. It shall be sufficient for the purposes of this chapter with respect to the notice required as to a particular sign that such notice be given to any one of the persons responsible as defined in this section without the necessity of giving notice to all of said persons.

(15)

Construal of provisions. Nothing herein shall be construed to limit, affect or repeal any provisions of the zoning regulations or other regulations of the town relating to signs or to affect or limit the right of any person to erect or display a sign for which a valid permit has been issued in accordance with such regulations.

(16)

Destruction. Any signs removed by the town pursuant to this chapter shall be stored for a period of 14 days. During that time, the town shall return the sign to anyone appearing who satisfies the town as to an ownership interest therein upon payment to the town of the sum of $25.00, and anyone so receiving such sign shall thereafter indemnify, protect and save harmless the town from the claims of ownership or right of possession to said sign asserted by anyone else.

(17)

Violations and penalties. Anyone placing or erecting a sign without the permission of the town upon any street, alley, park, sidewalk or other public place owned or under the control of the town shall be guilty of a municipal infraction, the fine assessed in accordance with any citation issued therefor to be in the amount of $100.00. Anyone erecting or placing a sign on property other than that owned or controlled by the town in violation of the zoning regulations of the town shall be subject to the fines and penalties prescribed in said regulations.

(18)

Definitions. As used in this section, the following terms shall have the meanings indicated:

Person responsible includes any of the following:

a.

With respect to a political or campaign sign, the name of the candidate thereon.

b.

With respect to a political sign concerning a ballot question or referendum, the name of the person or organization (if any) appearing thereon as the sponsor of said sign.

c.

With respect to any sign advertising or calling attention to the furnishing of goods or services, the owner of the premises where such goods or services are referred to, sold or provided or the person or persons who appear to be in possession and charge of such business.

d.

If none of the above is applicable, then with respect to signs on property other than public property, the owner of the property where such sign is placed, erected or left or the person who is in possession of such property.

(b)

Business signs. Business signs calling attention to a business, service or industry conducted on the premises upon which the sign is located or in the case of a freestanding sign, which calls attention to a business, service or industry, or multiple businesses, services or industries conducted on the premises or within the town limits are permitted subject to the following conditions:

(1)

The total area for all attached signs per use or business on the premises (commercial and industrial) shall not exceed one square foot of sign per one linear foot of building front per premise with a maximum size of 200 square feet.

(2)

Identification sign for an industrial plant not to exceed 50 square feet.

(3)

An identification sign for a shopping center or industrial park or other integrated group of commercial/industrial buildings shall not exceed 150 square feet in area, and shall be subject to setback requirements for the district in which it is located.

(4)

A single freestanding sign - which calls attention to a business, service or industry conducted on the premises or within the town limits, or in marquis, style or that calls attention to multiple businesses, services or industries conducted within the town limits - which does not exceed 50 square feet per road frontage to a maximum of 150 square feet, shall be permitted.

(5)

Where commercially or industrially zoned property adjoins residentially zoned property, no freestanding sign shall be placed within 100 feet of the residentially zoned property.

(6)

Menu/reader boards may be permitted on a freestanding sign but will be included in total area allowed for a freestanding sign. Letters may be manually attached or electronically remote controlled. Boards shall not have flashing, blinking, fading or moving messages of any type. Messages shall be limited to items pertaining to the business on the premises or public service notices.

(7)

Sidewalk sandwich signs are permitted; they must be displayed directly in front of the business and within ten feet of the business; they will be no greater than three feet in height with a width not to exceed the greater of one half of the sidewalk upon which they are displayed or three feet; they may be displayed only during normal business hours and may not impede any safety issues. Notwithstanding anything to the contrary in the zoning regulations or this Code, in the event that there is a violation of this section, there will be a warning delivered to the business establishment being advertised and in the event of a second violation, it shall be lawful for the town to confiscate the sign that was used in violation of this subsection, subject to an appeal to the Burgess filed in writing within five business days.

(8)

An advertising attached to a ball field fence (with fees supporting non-profit athletic organizations and activities in the town regional park) may not exceed 32 square feet in size. Multiple signs are permitted. These signs may not be mounted to a building or other non-fencing structure.

(9)

All new and replacement business signs (subsections (1) through (8) of this section) shall require a zoning certificate when not otherwise subject to site plan review by the planning commission.

(c)

Signs, general provisions.

(1)

No overhanging sign shall extend over any building line more than four feet. If existing at the time of the adoption of the ordinance from which this chapter is derived (May 18, 2009), one overhanging, or projecting, per use, may be allowed. Replacement, relocation, or substantial modification of such signs shall require a zoning certificate, evidence of pre-existence, and an illustration of proposed modifications or replacement, approved by the planning commission.

(2)

All signs shall be immobile, non-flashing, and in no way resemble traffic signals or other warning devices. They may be lighted indirectly or from within. Illuminated signs shall be so constructed as to avoid glare or reflection on any portion of an adjacent highway or residential building.

(3)

A freestanding sign shall be subject to one half of the setback requirement for the district in which it is located and shall be so located and shall be so placed as to allow clear and ample visual sight lines for driveways leading into a street and at intersecting streets and alleys.

(4)

In no case shall any sign attached to a building project more than three feet above the roofline.

(5)

A freestanding sign shall not exceed 25 feet in height above the average grade of the road on which it adjoins, as measured at the midpoint of the nearest lane at the entrance measured lowest in elevation above mean sea level.

(6)

The area of a sign shall be the product of its greatest horizontal and vertical dimensions measured over its entire face including background and borders, but excluding supports; provided that where a sign consists only of lettered, figured, pictorial matter, device or representation applied directly to the surface of a building, without special background or border, then its area shall be determined by measuring the overall length and height of the lettering or other matter.

(7)

Nonconforming signs must be brought into conformance within two years from the date of the formal adoption of the ordinance from which this chapter is derived by the town burgess and commissioners. (Ordinance adopted: May 18, 2009)

(8)

A V-shaped sign shall be considered as one sign, so long as the interior angle does not exceed 30 degrees. Such sign shall not be located within 200 feet of a principal building on an adjoining lot.

(9)

The responsible person, as defined in this section, shall remove the sign of any business, which has been defunct for 90 days or more.

(10)

Freestanding signs - not attached to a building and as permitted in the particular district may project into the front yard with the following conditions:

a.

The base of all freestanding/monument signs shall be set back a minimum of five feet from any property line. No part of a freestanding/monument sign shall be located within or overhang into a public street right-of-way, sidewalk, or adjoining properties.

b.

The height of a freestanding/monument sign shall be measured from the highest point of the sign structure to the final grade of the base of the sign.

c.

In the CBD (Central Business District), freestanding/monument signs shall be permitted only within 200 feet of the MD194 highway centerline (as measured from the centerline of the paved roadway closest to the site of the proposed sign) and shall be limited to 12 feet in height.

(Code 1992, § 180-3.6)

(a)

General requirements.

(1)

All outdoor lighting shall conform to the requirements of this chapter.

(2)

All lighting in place prior to the effective date of the ordinance from which this chapter is derived shall comply with this chapter with any change, other than replacement of the existing bulb; with any change in location of any light source; with any change of intensity level of the light being emitted; or with any change in ownership of the underlying property.

(b)

Control of glare.

(1)

Site lighting shall be provided by full cutoff fixtures and shall be directed downward on site, so that the lamp does not create glare on adjacent properties, is not visible from adjacent properties or public streets, and so that the light does not spill onto adjacent properties unless beneficial to and approved by the adjacent property owner.

(2)

Any light source emitting more than 9,500 initial lumen output (roughly equivalent to 100 watts if using a high-pressure sodium light source) shall not emit direct light about a horizontal plane through the lowest direct-light-emitting part of the light source.

(3)

The maximum height of any light source shall be 25 feet except around perimeters. Any light source emitting more than 9,500 initial lumen output (roughly equivalent to 100 watts if using a high-pressure sodium light source) shall be mounted at a height no more than the value (three plus D/3), where D is the distance in feet to the nearest property boundary.

(4)

The maximum height of any light source on perimeters shall be 15 feet. Any light source emitting more than 9,500 initial lumen output (roughly equivalent to 100 watts if using a high-pressure sodium light source) shall be mounted at a height no more than the value (three plus D/3), where D is the distance in feet to the nearest property boundary.

(5)

Light trespass from originating property shall not exceed 0.1 footcandle on residentially zoned property or 0.5 footcandle on commercially zoned property, measured on a vertical plane five feet above grade at the property line.

(6)

Maximum illumination from any light source shall be 50,000 initial lumen output (roughly equivalent to 400 watts if using a high-pressure sodium light source).

(7)

All lighting shall be subject to adjustment after installation to avoid glare on adjacent properties.

(c)

Wall-mounted lighting.

(1)

Any wall-mounted lighting or wall-packs must be fully shielded, and reflect light downward, below the horizontal rather than above the horizontal.

(2)

Lighting fixtures shall be located, aimed and shielded so that light is not directed toward adjacent streets, roads or adjacent properties. Fixtures designed to wash light down the building surface are preferred. No facade up lighting shall be permitted.

(3)

The maximum illumination on any vertical surface shall be five footcandles except the surface immediately adjacent to any wall-mounted fixtures.

(d)

Prohibitions.

(1)

No site lighting will be permitted except those equipped with full cutoff fixtures and which are directed downward on site, so that the lamp does not create glare on adjacent properties, is not visible from adjacent properties or public streets, and so that the light does not spill onto adjacent properties unless beneficial to and approved by the adjacent property owner.

(2)

The use of search lights, laser lighting, or lights that pulse, flash, rotate or simulate motion for any purpose is prohibited.

(3)

Tower lighting will not be permitted unless and to the extent required by the Federal Aviation Administration. Any such required lighting shall be of the minimum, lowest allowed intensity and shall be red in color unless specifically forbidden under Federal Aviation Administration requirements.

(e)

Plan submissions.

(1)

The applicant for any permit required under this chapter in connection with any proposed outdoor lighting shall submit as part of the application for a permit, evidence that the proposed work will comply with this section. As necessary, the planning commission may require submission of the lighting plan to a lighting engineer chosen by the commission at the cost of the applicant. The submission shall contain but shall not necessarily be limited to the following, all or part of which may be in addition to information required elsewhere in this chapter:

a.

Plans indicating the specific location, height and type of illuminating devices, fixtures, lamps, or any other light sources;

b.

A full description of each light source, fixtures, lamps, and other devices, to include catalog cuts by manufactures and diagrams, where appropriate;

c.

Photometric data, such as that furnished by manufacturers, or similar information demonstrating the angle of cutoff and/or light emissions;

d.

For any commercial site plan, analysis and illuminance level diagrams showing that the proposed installation conforms to the lighting level standards of this chapter;

e.

Tests, reviewed by a lighting engineer, indicating that the lighting plan is sufficient to meet IESNA recommendations, i.e., not to exceed IESNA recommendations, may be required by the planning commission; and

f.

Computer-generated, point-by-point lighting calculations on a scaled site plan with a ten-foot-by-ten-foot grid of footcandle readings, indicating initial horizontal foot-candles at grade, and initial vertical footcandles five feet above grade at the property line.

(2)

For any site plan, if the above plans, descriptions and data does not, due to the nature or configuration of the devices, fixtures or light sources proposed, enable the planning commission to certify that the lighting plan complies with this chapter, the applicant shall additionally submit such certified reports of tests by a lighting engineer or recognized testing laboratory as will enable such determination.

a.

High-pressure sodium lighting shall be preferred unless the planning commission specifically permits other lighting types.

b.

Should any outdoor light fixture, lamp or light source be changed after the permit has been issued, a change request prior to the substitution must be submitted to the zoning administrator together with adequate information to assure compliance with this Code. Only the replacement of a failed or damaged lamp, fixture or light source for outdoor lighting for which a permit was obtained under this chapter may be allowed under a change request, that is, without a permit.

c.

Outdoor light fixtures, lamps or light sources in existence before the effective date of the ordinance from which this chapter is derived must submit a change request prior to replacement of a fixture or light source, other than a bulb or lamp, together with adequate information to assure compliance with this section. Only the replacement of a failed or damaged lamp, fixture or light source for outdoor lighting for which a permit was obtained under this section may be allowed under a change request, that is, without a permit.

(f)

Existing lighting.

(1)

Any lighting fixture or light source which directs light towards residential property, streets or parking lots shall be shielded or redirected within 30 days after a notice of violation is sent to the property owner and/or agent.

(2)

Any lighting fixture or light source which permits re-aiming or adjustment shall be brought into compliance with the terms of the chapter within 30 days after a notice of violation is sent to the property owner and/or agent.

(3)

Any lighting which, using IESNA recommended guidelines is found to create a public hazard and/or endanger health or safety of any person may be ordered altered or removed at any time.

(g)

Enforcement; violations and penalties.

(1)

In the event of a violation of any provision of this section, a notice of violation detailing the violation and steps to be taken to correct the violation shall be sent by certified U.S. Mail, return receipt requested, and regular mail, to the property owner and/or property owner's agent giving 30 days to make corrections, except in cases of an imminent threat to health or safety, when as little as 24 hours' notice may be given. If both notices are not returned as undeliverable, after the applicable deadline the town may issue a citation or take other legal action to enjoin or abate any violations of any provisions of this section.

(2)

At the expiration of the deadline period stated in the notice of violation, the town may take action to abate the infraction and charge costs to the property owner or agent as real estate taxes on the property in question only if the intent to take such action was stated in the notice of violation and both notices were not returned as undeliverable.

(3)

In addition to taking any other action that may be permitted by law, the town may consider a violation of any provision of this section to constitute a municipal infraction and such violation may be punished by a civil penalty of $100.00 per day. In prosecuting a citation the town may seek an abatement order preventing future violations and permitting the town to take action to abate any violations and charge the costs of correction as real estate taxes on the subject property. Each day a violation continues shall constitute a separate offense.

(h)

Exemptions.

(1)

All vehicle lighting, emergency traffic lighting, and traffic control lighting shall be exempt;

(2)

Temporary outdoor lighting which provides specific illumination of an outdoor area shall be exempt from any permit requirement but shall otherwise comply with this chapter;

(3)

Lighting up to 10:00 p.m. which is reasonably related to sports, amusements, entertainment events or other public gatherings operating as part of an athletic contest, carnival, fairground activity, parade or public celebration;

(4)

Lighting up to 12:00 midnight, which is reasonably related to sports, amusements, entertainment events or other public gatherings operating according to the requirements of an appropriate permit and as part of an athletic contest, carnival, fairground activity, parade or public celebration;

(5)

Emergency lighting, including lighting required for emergency street, utility or construction repairs, shall be exempt if temporary and discontinued immediately upon abatement of the emergency; and

(6)

Emergency repairs conducted by a public agency, including the town, shall be exempt if temporary and discontinued immediately upon abatement of the emergency.

(Code 1992, § 180-3.7)

(a)

Accessory structures shall be as follows:

(1)

Accessory structures include detached garages, portable carports, freestanding gazebos, garden or tool sheds, storage buildings, barns, and other similar structures.

(2)

Accessory structures must be constructed at least six feet from any lot line. Attached garages are considered part of the principal use and structure, and must conform to the yard setbacks established in sections 58-166 through 58-171. Yard setbacks for ground level patios, uncovered decks, and other exceptions to yard requirements are established in section 58-198.

(3)

Accessory structures with a footprint over 150 square feet require a building permit through the county and a zoning certificate from the town. It is the homeowner's responsibility to have any accessory structure approved by their homeowners' association where applicable. A permit from the town does not negate any homeowners' association covenants and/or restrictions.

(4)

The total coverage of any accessory structure or combination thereof on one lot shall not exceed 50 percent of the total rear yard area.

(5)

Accessory structures shall not exceed one story or ten feet in height. For structures covered by a roof, the highest point of the roof shall not exceed 16 feet in height.

(6)

Garages may have up to two stories but shall not exceed the elevation of the principal building. Garages exceeding one story must meet all setbacks and other requirements of this chapter that apply to the principal building.

(7)

Any use of a garage or accessory structure as a residence shall be considered an accessory apartment and is prohibited.

(8)

Accessory structures in front yards shall be limited to the following:

a.

Mailboxes.

b.

Driveways and parking areas.

c.

Fences, walls and hedges as permitted by section 58-99.

(b)

Customary accessory uses permitted on residential properties include:

(1)

Keeping of not more than nine domestic animals; however, a commercial stable or kennel is not an accessory use.

(2)

Recreation facilities, such as swimming pools or tennis courts, located on residential lots, if the use of the facilities is restricted to occupants of the principal use and guests for whom no admission or membership fees are charged.

(3)

Home occupation, provided that:

a.

There is no exterior evidence, other than a permitted sign, to indicate that the building is being used for any purpose other than that of a dwelling.

b.

The construction does not produce a show window or display window effect.

c.

Only one person other than the owner may be engaged or employed.

d.

Sufficient off-street parking is provided with three spaces being considered minimal. Such parking shall be in the side or rear yard.

e.

The total area devoted to the office does not exceed 30 percent of the square footage of the dwelling unit.

f.

No more than two business related visits per day nor more than ten visits per week at the premises, excluding delivery vehicles, are permitted when the business is located on a local roadway as specified.

(4)

Laundry facilities located within a multifamily dwelling, for the use of residents of the multifamily dwelling only and not as a commercial enterprise.

(5)

A town zoning certificate is required for accessory uses. It is the homeowner's responsibility to have the accessory use approved by the homeowners' association where applicable. A zoning certificate from the town does not negate a homeowners' association's covenants and/or restrictions.

(c)

Accessory structures and uses on corner lots. On a corner lot in any district, no structure, parking area or landscape material shall be placed in any yard that impedes visibility across the corner within 30 feet of the intersection of the street or alley right-of-way lines.

(Code 1992, § 180-3.8)

General requirements related to installation of fences, walls and hedges.

(1)

In any residential or mixed-use district, a fence, wall, or hedge may be constructed only in any side or rear yard, not a front or street side yard except as provided for in subsections (2) and (5) of this section, provided it does not exceed at any point six feet in height, including a lattice "topper."

(2)

Fences shall not be closer than 12 inches to any existing or planned sidewalk location.

(3)

In side and rear yard areas, fences may be located on the side and rear lot lines, with the exception being side lot lines for corner lots, the process for which is described below.

(4)

Fences shall be no closer than six feet to the edge of pavement of a road or driveway.

(5)

Fences may be constructed in or project into yards, provided that:

a.

No fence or planting more than three feet high shall be located within 30 feet of a street intersection.

b.

No fence more than four feet high may be located closer to the front of the lot than the principal building.

(6)

Fences may be constructed in the front or street side yards of any lots approved for a housing type, which have no backyards, i.e. back-to-back townhouses, quadraplexes and similar housing types. To obtain approval of such fences, the applicant shall submit an overall fencing plan for all such lots which front on a particular street, such plan to be approved by the planning commission as a part of site plan approval for the housing units on the block, or subsequent to site plan approval.

(7)

A fence, wall, or hedge not exceeding eight feet in height may be located in any yard of any commercial, industrial, or institutional lot in an IP, GC, or OS district.

(8)

Fences, walls or hedges may be constructed in the front or street side yards of any multifamily development, subject to planning commission approval of the fencing plan as part of site plan approval, or subsequent to site plan approval.

a.

The maximum height of any fence, wall or hedge permitted under this section may not exceed four feet.

b.

For purposes of this section, a multifamily development shall be defined as having a minimum of six dwelling units.

c.

Fences, walls or hedges shall not be permitted in the public right-of-way, and shall be permitted only in dedicated common open space or on property owned by the homeowners' association.

(9)

A town zoning certificate is required prior to new construction or replacement of fences and walls. It is the homeowner's responsibility to have the fence approved by the homeowners' association where applicable. A zoning certificate from the town does not negate a homeowners' association's covenants and/or restrictions.

(Code 1992, § 180-3.9)

On any corner lot in all districts there shall be no obstruction to traffic visibility within 35 feet of the intersection of the two street property lines of the corner lot.

(Code 1992, § 180-3.10)

Storage of compressed gases and liquid fuels shall conform to the following:

(1)

Above-ground storage. Storage of compressed gases used for residential and commercial structures may be above ground in all districts if the total capacity of all containers is less than 2,000 gallons, and provided that each individual container is no less than 25 feet from the nearest line of adjoining property. Containers shall be screened with an evergreen hedge the height of the containers.

(2)

Below-ground storage. Storage of compressed gases in excess of 2,000 gallons shall be below ground and shall be located with respect to the nearest line of adjoining property as follows:

(3)

Gasoline, kerosene, fuel oil and other liquid fuels. Gasoline, kerosene, fuel oil and other liquid fuels shall be stored underground or within the structure. Each container shall be located with respect to the nearest line of adjoining property as follows:

(Code 1992, § 180-3.11)