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(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
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)
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