Loading...
(A) (1) The lawful use of land by businesses existing at the time of the effective date of this section, although such use does not conform to the provisions hereof, may be continued, but if such non-conforming use is discontinued for a period of six months or longer, any future use of said premises shall be in conformity with the provisions of this section.
(2) The lawful use of a building existing at the time of the effective date of this section may be continued, although such use does not conform with the provisions hereof, and such use may be extended throughout the building provided no alterations, except those required by this section are made. A building being used for a non-conformity use may, upon approval of the Town Council, be altered by improvements, provided, however, the use shall be in conformity with the provisions of this section.
(3) When a district shall hereafter be changed, any then existing non-conforming use in such changed district may be continued or changed to any use permitted, provided that all other regulations governing the new use are complied with.
(4) This section shall not apply to existing structures, nor to the existing use of any buildings, but shall apply to any alteration of a building to provide for its use for a purpose, or in any manner, different from the use to which it was put before alteration; provided that, this section shall not be construed to prevent the restoration of a building damaged not more than 50% of its valuation by fire, explosion, act of God, or the public enemy, or prevent the continuance of the use of such building, or part thereof, as such use existed at the time of such damage, provided that such restoration shall be begun, and diligently pursued, within one year, nor shall the same be construed to prevent a change of such existing use under higher classification as herein provided. No building, which has been damaged as above provided, to the extent of more than 50% of its valuation, shall be rebuilt or repaired, except in conformity with the regulations contained in this section.
(5) When the boundary line of any district divides a plot or area in single ownership at the time of the adoption of this section, nothing herein shall be construed to prevent the extension of the use existing on either portion of such parcel of land for a distance of not greater than 25 feet.
(Prior Code, § 11-1-16)
(B) If, on any inspection, the condition of a building or premises, or its use or occupancy, is found not to conform to the requirements of this section, or the conditions of any existing certificate thereof, the Site Inspector shall, at once, issue written notice to the owner, specifying the manner in which the building or premises, or its use or occupancy, fails to conform, and the owner shall immediately take steps to make it conform as directed by the Site Inspector. If it is necessary for the proper protection of the occupants, the Site Inspector shall order the use or premises vacated until its condition is made satisfactory and conforms with the requirements of this section, at which time a certificate will be issued as provided for new buildings, or the use of premises.
(Prior Code, § 11-1-17) (Ord. passed 2-12-1991; Ord. passed 12-12-2005) Penalty, see 155.99
(A) Property restrictions; visibility.
(1) Trees. For the purpose of insuring a reasonable visibility and safety, the triangle of land formed on any corner lot measuring a distance of ten feet along each of the lot property lines from their intersection on the street side shall be free from structures. Trees in this area shall be trimmed up to eight feet above the curb, and in the triangle shrubs shall not exceed three feet in height.
(2) Fences; hedges. No fence or hedge exceeding four feet in height shall be constructed, except in the following instances.
(a) On interior lots, a fence or hedge not to exceed six feet in height may be constructed along the interior side yard and rear yard, provided that no fence or hedge exceeding four feet in height shall be constructed within ten feet from the property line intersection with an alley.
(b) On corner lots where the building fronts on a side street, a fence or hedge not exceeding six feet in height may be constructed along that portion of the rear yard adjacent to the alley, provided that no fence or hedge exceeding four feet in height may be constructed within ten feet from the property line intersection on the alley and side street.
(c) No fence or hedge shall be constructed except on or within property lines, and shall in no manner obstruct the use of the streets and alleys of the town.
(3) Sanitary district sewer connection. All buildings on property within a sanitary district, and adjacent to a sewer system, must be connected to the sewer system.
(4) Vehicles. No vehicle shall be parked on any town street for more than 48 consecutive hours. All vehicles not used on a regular basis, campers, trailers, and boats shall be removed from town streets for snow removal.
(5) Signs. No sign shall be erected that is not in working order or daily use, constituting a nuisance to a nearby residential area.
(Prior Code, § 11-1-19)
(B) Height restrictions.
(1) Height restrictions; structures. This section shall not be deemed to limit or restrict the height of belfries, chimneys, clock towers, cooling towers, or any similar appurtenances to buildings, but these structures shall be subject to such restrictions and regulations as may be imposed by other town regulations.
(2) Height restrictions; buildings. Churches, public or semi-public buildings, hospitals, schools, colleges, and private clubs may exceed the height restrictions of the district in which they are constructed, provided such structures shall have side yards on both sides, complying with the area regulations of the district, and in addition, the side yards shall be increased one foot in width for each five feet that the height of the buildings exceed the height regulations of the district.
(Prior Code, § 11-1-18) (Ord. passed 12-12-2006) Penalty, see § 155.99
(A) Changes in the boundaries of any district, or part thereof, may be made by the Town Council or a new zone may be created.
(B) The following procedure shall be followed in the event that a resident or group of residents desire a change in zoning.
(1) A petition requesting such change shall first be presented to the Town Council, duly signed by the owners of 50% or more, either of the area of the lots included within such change, or of the lots immediately adjacent in the rear thereof, extending 150 feet therefrom, or of the lots directly opposite thereto, extending 150 feet from the street frontage of such opposite lots.
(2) Such petition shall be referred to the Town Council which shall make a careful investigation of such proposed change. The Town Council shall then cause notice to be published twice in the official newspaper of the town, of the time and place set for the hearing upon such report. The first publication of such notice shall be made not less than 15 days before the date of such hearing. At such hearing, the Town Council shall hear all persons, objections, and recommendations relative to such proposed change, and thereafter action shall be taken by the Town Council, which shall be final and conclusive as to all matters and things involved in the petition. In case of a protest against such change signed by the owners of 20% or more, either of the area of the lots included in such proposed change, or of those immediately adjacent in the rear thereof, extending 150 feet therefrom, or of those directly opposite thereof, extending 150 feet from the street frontage of such opposite lots, such amendment shall not become effective except by the favorable vote of three-fourths of all the members of the Town Council.
(3) When such proposed amendment has been rejected by the Town Council neither it, nor one involving only the same property, shall be offered for adoption within one year after such rejection.
(4) Changes in the regulations and restrictions in any district may be made by the Town Council in the manner as is prescribed in the preceding sections, except such action may be initiated without the presentation of a petition requesting it.
(5) Filing fee as set by resolution.
(Prior Code, § 11-1-20) (Ord. passed 12-12-2005)
(A) Definition. For the purposes of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY STRUCTURE. A structure, the use of which is incidental to that of the principal or main structure, and which structure is located on the same lot or parcel as the main or principal building.
(B) Accessory structures in residential districts. The maximum height of an accessory structure shall be 25 feet and shall comply with all applicable minimum yard setback requirements, except that:
(1) An accessory structure ten feet or less in height may be setback a minimum of five feet from a side yard line.
(2) An accessory structure that exceeds the height of the principal residential structure located on the same lot or parcel, or on an adjacent lot or parcel under common ownership shall be set back a minimum of 50 feet from the front property line, ten feet from a side or rear property line, and 15 feet from a side street right of way for corner lots.
(3) Any enclosed or unenclosed accessory structure erected on a lot or parcel shall be compatible with the existing principal building on the lot or parcel and shall be anchored down. The following factors shall be taken into consideration in evaluating an accessory structure’s compatibility with the principal structure: color, exterior building materials, height, and building design. All siding and roofing materials must have a painted or baked-on color surface. Uncolored, galvanized, or corrugated metal material shall not be permitted. Commercial storage or shipping containers shall not be permitted. A zoning compliance permit shall be obtained before any accessory building is placed on a lot or parcel. A zoning compliance permit may include conditions requiring the modification of the accessory structure to minimize its incompatibility with the principal structure.
(C) Accessory structures in commercial and industrial districts. The height of accessory structures shall not exceed the height of the main or principal structure and shall comply with all applicable minimum yard setback requirements.
(Ord. 09-12-22-01, passed 10-17-2022)
(A) No land shall be occupied or used, and no building or premises, or part thereof, may hereafter be created, erected, changed, or converted, wholly or in part, for any purpose whatsoever, until a zoning permit has been issued by the Town Council stating that the building and premises, and use proposed, comply with all the building and health laws and regulation of the town, and with the provisions of this section.
(B) Each application for a zoning permit must be accompanied by a plat drawn to scale, and in such form as may be prescribed by the Town Council, showing the actual size and dimensions of the lot, the size as may be necessary to provide for the enforcement of the regulations contained in this section.
(C) It shall be unlawful to allow any basement excavation, upon which a building is not constructed, to be left unfilled or uncovered if construction is not started within 60 days of excavation, and worked on continuously until completed.
(D) No person shall demolish a building or move a building into the town, or from one location to another, without first obtaining a zoning permit from the town. Where buildings have been removed or demolished, the ground shall be leveled to grade, and all debris removed within 30 days.
(E) The town shall maintain a file of each application and accompanying papers together with a record of the action taken thereon. If the contemplated construction, alteration, or moving is not commenced within one year from the date of issuance, the zoning permit shall be deemed expired and void.
(F) All references to the zoning permits contained in this section shall be considered as reference to the zoning permits required in §§ 151.02 through 151.04 of this code. The provisions of §§ 151.02 through 151.04 and the construction permits shall be read together and considered as one for enforcement purposes of this section and §§ 151.02 through 151.04.
(Prior Code, § 11-1-22) (Ord. passed 12-12-2005) Penalty, see § 155.99
DISTRICTS
Loading...