(A) All uses, buildings and structures to comply with zoning district requirements. Every building or structure hereafter erected, reconstructed, structurally altered, enlarged or moved and every building, structure, premises or land used, rearranged, designed or intended for any use shall be built or used only as allowed by the zoning district in which such building, structure, land or use is located.
(B) Allowed uses. All uses allowed within the town, either as a permitted, conditional or temporary use, are identified in the Table of Uses.
(C) Prohibited uses. All uses of land and other activities not specifically allowed as a permitted, conditional or temporary use as identified in the Table of Uses are prohibited uses and are uses not allowed in the town.
(D) Allowed minimum use of legal lots. Nothing in this chapter shall be construed to prevent the use for one single-family dwelling on any legally created lot or parcel of land; provided that, such lot or parcel of land is located in a zoning district which permits single-family dwellings, and was a legal lot that at the time of adoption of this chapter and provided further that all proposed construction can qualify for the issuance of a building permit as required by the International Building Code (IBC).
(E) Subdivision and sale of property. No person shall subdivide any parcel of land located wholly or in part within the town for development purposes unless the parcel was legally created as required by Ch. 152 of this code of ordinances and all other applicable laws and requirements of the state.
(F) Lots in two or more districts. Where a lot of record at the time of passage of this chapter or any amendments thereto falls into two or more districts, the more restrictive zoning district provisions shall apply.
(G) Required yard areas for one building only. No required yard or setback area for any building or lot required for the purpose of complying with the provisions of this chapter shall be considered as providing the required yard or setback for any other building or lot.
(H) Every dwelling. Non-residential building and all other structures to be on a lot. All buildings and structures shall be located and maintained on a recorded lot.
(I) Required yards to be unobstructed; exceptions.
(1) All yard areas are required to be open to the sky and unobstructed, except for permitted and approved accessory buildings and for projection of sills and other ornamental features and unenclosed steps and unwalled stoops, and porches; provided that, all buildings or parts thereof comply with the setback requirements of the zoning district in which they are located.
(2) Walls and fences complying with the requirements of this chapter or meet the conditions of a development approval.
(J) Construction in sensitive areas prohibited.
(1) No building or structure, except for a required public utility, shall be constructed on areas determined to be sensitive.
(2) For the purposes of this chapter, SENSITIVE AREAS are defined and identified as:
(a) Areas of slope with an average 30% grade or greater;
(b) Flood channels as identified by a federal or state agency; and
(c) Jurisdictional wetlands as identified by the U.S. Army Corps of Engineers.
(Ord. 46, passed 8-28-2001; Ord. 21D, passed 1-7-2004; Ord. 59, passed 5-8-2008, § 1002)