Loading...
(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
For the purpose of regulating, classifying, and restricting the location of trades, industries, and enterprises, and the location of buildings designed, erected, or altered for specified uses, and limiting the height and size of such buildings, and the use of lot areas in the town, and regulating and determining the area of the yards and other open spaces surrounding buildings hereafter erected, and preventing additions to, and alterations or remodeling of, existing buildings or structures in such manner as to avoid the restrictions and limitations in this subchapter contained, the town is hereby divided into five districts termed respectively as follows: “A”, residence district; “B”, residence district; “C”, commercial district; “I”, industrial district; and “U”, open agriculture.
(Prior Code, § 11-1-4)
(A) Uses. No building, structure, or premises shall be used, and no building or structure shall be erected, altered, or maintained, unless otherwise provided in this section, except for one or more of the following uses:
(1) One-family dwelling units to include manufactured factory assembled homes, equipped with service connections necessary to attach to town sewer and water.
(a) Motor homes, fifth wheel, and camper trailers are not allowed in Class “A” districts.
(b) Manufactured factory-assembled homes that are ten years old and less, and set up on a permanent foundation with no less than two anchors for each one quarter length of the trailer or home (to be classified as real property only). Permanent foundations are:
1. Poured concrete;
2. Poured concrete footings with wood frame coupled with uniform skirting; and/or
3. Basement.
(2) Churches, temples, and places of worship and parochial schools;
(3) Libraries;
(4) Public schools;
(5) Parks and playgrounds;
(6) Accessory buildings and uses incidental to the above uses and located on the same lot (not involving the conduct of a business) including a private garage:
(a) A garage can provide for one motor vehicle for each 1,500 square feet of total lot area; and
(b) No more than one commercial vehicle.
(7) Bulletin boards not exceeding 12 square feet in area may be permitted on premises occupied by churches, temples, schools, parks, and playgrounds.
(8) Uses otherwise permitted by law.
(B) Conditional uses. The following uses are permitted in the Class “A” residential district after a finding by the Board of Adjustment that their mode of conduct and location will not hinder the enjoyment and use of land and resources:
(1) Water reservoirs, water storage, water pumping stations, and sewer lift stations; and
(2) Electrical substations, provided that where transformers are exposed there shall be an enclosed, non-climbable sight-obscuring fence at least six feet high.
(C) Height of building. No building shall be erected in excess of 25 feet, or two stories, in height.
(D) Lot area per dwelling. Shall not be less than 7,000 square feet.
(E) Front yard.
(1) Not less than 25 feet from the property lot line.
(2) Not more than 35 feet from the property lot line.
(3) If the structure fronts on a side yard (not parallel to an alley), the front yard shall have a depth of not less than ten feet.
(F) Rear yard. There shall be a rear yard having a depth of not less 25 feet, except where a garage is attached to the dwelling and located in the rear yard, the rear yard may be reduced to ten feet.
(1) A garage with doors facing the alley must have a set back of 20 feet from the alley property lot line.
(2) A garage with doors perpendicular to the alley can be placed two feet from the alley property lot line.
(G) Side yard.
(1) Every lot shall have two side yards of not less than six feet.
(2) If a lot has a structure over 18 feet in height, the side yard will be one-third the height of the building.
(3) A garage shall not be less than six feet from each side property lot lines.
(H) Automobile storage or off-street parking. A minimum of one automobile storage or off-street parking space shall be provided for each dwelling unit. Any required front or side yard shall not be included in such storage or parking area.
(Prior Code, § 11-18) (Ord. passed 12-12-2005; Ord. passed 5-11-2009)
(A) Uses. No building, structure, or premises shall be used, erected, altered, or maintained, unless otherwise provided in this section, except for one or more of the following uses:
(1) Any use permitted in Class “A” residence district subject to all the provisions therein;
(2) Multiple dwelling units, including lodging houses;
(3) House trailers and mobile homes will be permitted under the following restrictions:
(a) A person may place a trailer house or mobile home on a lot, provided that it is connected to the town sewer and water and commercial power systems; and
(b) Such permit will be valid for one unit only, to be identified by make, model, and serial number. If the owner replaces the trailer, a new permit will be required. The Site Inspector will be notified of any such change; however, residential provisions shall be applicable for accessory buildings and uses. If a mobile home is moved, or vacant for six months, the permit is expired.
(4) Hospitals and clinics;
(5) Nursing homes;
(6) Customary agricultural operations, including a garden, nursery, and greenhouse, subject to the following restrictions:
(a) No storage of manure or odor dust producing substance or use shall be permitted within 100 feet of any adjoining lot line; and
(b) No greenhouse heating plant shall be operated within 75 feet of any adjoining lot line.
(7) A filling station (retail only) may be established or erected in this district only along a primary highway, and shall not be operated as a repair or body shop; and
(8) Accessory buildings and uses incidental to the above uses and located on the same lot not involving the conduct of a business, including a garage.
(B) Height of building. No building shall exceed or be erected in excess of 40 feet, or three stories, in height.
(C) Lot area per family.
(1) Single-family dwelling: a lot area of not less than 5,000 square feet;
(2) Duplex: a lot area of not less than 5,000 square feet; and
(3) Each additional family unit must have an additional 1,000 square feet.
(D) Front yard.
(1) Not less than 20 feet from the property lot line;
(2) Not more than 30 feet from the property lot line; and
(3) If the structure fronts on a side yard (not parallel to an alley), the front yard shall have a depth of not less than ten feet.
(E) Rear yard. There shall be a rear yard having a depth of not less than 20 feet. Where the rear lot line coincides with an alley line, the depth shall not be less than one-half of the height of the building, and where the lot is occupied, other than a residential building, the depth of the rear yard need not exceed six feet.
(1) A garage with doors facing the alley must have a setback of 20 feet from the alley property lot line.
(2) A garage with doors perpendicular to the alley can be placed two feet from the alley property line.
(F) Side yard.
(1) Every lot shall have two side yards of not less than six feet.
(2) If a lot has a structure over 18 feet in height, the side yard will be one-third the height of the building.
(3) A garage shall not be less than six feet from each side property lot line.
(G) Automobile storage or off-street parking. Automobile storage, or off-street parking space, shall be provided on the lot or within 500 feet from the lot. Each parking space shall not be less than nine feet by 20 feet for each family unit of the first four dwelling units of a multiple dwelling. For every three dwelling units that exceed the first four units of a multiple dwelling, two parking spaces shall be provided, equal to the combined size of two parking spaces as provided above. No front yard shall be used for the open air storage or parking of any motor vehicle.
(Prior Code, § 11-1-9) (Ord. passed 12-12-2005; Ord. passed 5-11-2009)
(A) Uses. No building, structure, or premises shall be used, erected, altered, or maintained, unless otherwise provided in this section, and in the event a public building complies with accessibility requirements of the Americans with Disabilities Act, except for one of the following uses:
(1) All the uses permitted in Class “A” and “B” residence districts, subject to all the provisions specified in such residence districts;
(2) Trailer and mobile home courts, provided that such courts shall be built and operated in accordance with the State Board of Health and Environmental Sciences rules and regulations, and shall be licensed by said Board; and
(3) Other uses permitted:
(a) Amusement places;
(b) Auction rooms;
(c) Automobile tourist courts or motels;
(d) Bakeries, employing not more than five persons;
(e) Banks;
(f) Barber shops;
(g) Battery service stations;
(h) Boarding houses;
(i) Catering establishments;
(j) Dancing academies;
(k) Dressmaking establishments;
(l) Dyeing and cleaning works, employing not more than five persons;
(m) Electric repair shops;
(n) Employment agencies;
(o) Freight stations;
(p) Gasoline and oil stations;
(q) Greenhouses;
(r) Hotels;
(s) Laboratories;
(t) Laundries not employing more than five persons;
(u) Locksmith shops;
(v) Lodge halls;
(w) Lumber supply houses and building supply stores;
(x) Millinery shops;
(y) Offices;
(z) Painting or decorating shops;
(aa) Pasteurizes and pasteurizing plants;
(bb) Photograph galleries;
(cc) Plumbing shops;
(dd) Post offices;
(ee) Printing shops;
(ff) Public garages;
(gg) Recreation buildings and structures;
(hh) Restaurants;
(ii) Roofing and plastering shops;
(jj) Sales or showrooms;
(kk) Sharpening or grinding shops;
(ll) Shoe repair shops;
(mm) Stores and shops for the conduct of retail business;
(nn) Studios;
(oo) Tailor shops not employing more than five persons;
(pp) Telephone exchanges;
(qq) Tin-smithing shops;
(rr) Tire repairing shops;
(ss) Undertaking establishments;
(tt) Used car sales lots; and
(uu) Laminating, fabricating, and assembling shops.
(4) Any other business which, in the opinion of the Town Council, is of the same general character as those listed above as permitted uses, and will not be detrimental to the district.
(B) Storage combustible mixtures. The storage of petroleum and other explosive, or combustible, mixtures shall be subject to conformance with related state law, local fire or safety codes, and regulations issued by the Fire Chief regulating storage of such products.
(C) Height of buildings. No building shall be erected in excess of 50 feet, or four stories, in height.
(D) Percentage of lot covered. No building, with its accessory buildings, to be used for said commercial purposes, shall occupy in excess of 90% of the area of the lot.
(E) Yard requirements. No front, rear, or side yards shall be required for commercial buildings, but for residential buildings the yard requirements for Class “B” residence district shall apply.
(Prior Code, § 11-1-10) (Ord. passed 12-12-2005)
Loading...