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(A) Storage of boats, campers, trailers (to include livestock trailers and any type of flat bed trailer), or other recreational vehicles will be permitted in all zones for no more than 30 continuous days unless the owner has obtained a variance from the planning and zoning committee for a longer period so long as such boat camper or trailer is currently registered with the department of motor vehicles with a current registration sticker being displayed, and is in operable condition. Vehicles cannot be parked within 30 feet of an intersection and or fire hydrant and cannot obstruct ingress or egress of private driveways. Boat, camper, trailer, or vehicle cannot be used as a dwelling or additional living quarters for more than 30 days for an occasional guest and is not connected to utilities except for use by such guest. In no case shall a recreational vehicle be allowed as a permanent dwelling or office unless the owner has obtained a variance from the planning and zoning committee.
(B) Home occupations are permitted only to the extent authorized by the express provisions in this chapter.
(C) Fences or walls will not exceed 6 feet in height except by variance permit.
(D) The setback in buildings and structures shall have the following minimum setback unless otherwise provided in this chapter or excepted by permit:
(1) In Residential Zones: Front - 25 feet. There are no side or rear setback requirements except as required by division (A) of this section and as required by off street parking requirement.
(2) In Commercial and Industrial Zones, there are no setback requirements except as are required by division (G) of this section and as required by off street parking requirement.
(3) In special use situations, setbacks shall be dictated on a case by case basis by the Zoning and Planning Commission giving due regard to the general residential or commercial characteristics of the area in question. In no case shall the setback requirements be more restrictive than those imposed upon residential property by this part. However off-street parking requirements and requirements set out in division (G) of this section are independent of the setback requirements in all cases.
(E) Off-street parking in all zones is provided in § 154.08 of this chapter.
(F) Off-street loading in all zones is provided in § 154.09.
(G) No obstructions to view shall be placed or maintained between 3 feet and 8 feet above the street level within the triangular space at the street corner of a corner lot as defined by the street rights-of-way bordering the corner lot and a line connecting 2 points each located 25 feet distant along such street rights-of-way from the intersection or projected intersection of the street right-of-way lines.
(H) The minimum lot area for each zone shall be as required by this chapter, but in no case shall be less than that required by the N.M.E.I.D. In no case shall lot area boundary lines include any portion of a proposed or existing public road or street, being defined here as a right-of-way used or to be used by more than 1 property owner.
(Ord. 558, passed 12-8-1986; Am. Ord. 679, passed 6-15-2011; Am. Ord. 702, passed 4-11-2018) Penalty, see § 154.99
(A) Within the zones established by this chapter, or amendments that may later be adopted, there may exist: lots, structures, uses of land, uses of structures, signs, and characteristics of use which were lawful before this chapter was passed or amended, but which are not lawful under the terms of this chapter or any future amendments hereto. It is the intent of this chapter to allow these non-conformities to continue until they are removed, but not to encourage their survival.
(B) At any time after the effective date of this chapter, the Planning and Zoning Commission or the Zoning Administrator shall notify the owner of property containing a non-conforming use, lot, structure, or sign, by certified mail return receipt requested, that such use, lot, structure, or sign does not conform with the requirements of this chapter. The notice shall advise the owner that if the owner fails to apply to the Zoning Administrator for a certificate of non-conformance within 30 days from the date the notice was received by the owner, that the use, lot, structure, or sign shall be considered a violation of this chapter. Upon receipt of an application for certificate of non-conformance, the Zoning Administrator shall determine whether the use, lot, structure, or sign was lawful before this chapter was passed or amended. If so, then the Zoning Administrator shall issue the certificate of non-conformance. If the use, lot, structure or sign was not lawful before this chapter was passed or amended, then the Zoning Administrator shall not issue the certificate of non-conformance. If the decision of the Zoning Administrator to refuse the issue the certificate of non-conformance is not appealed, then the decision shall be considered final and the use, lot, structure, or sign shall be considered in violation of this chapter.
(C) A use, structure or sign for which a certificate of non-conformance has been issued shall not be enlarged, expanded, or extended, but the addition of a lawful use under the terms of this chapter to any portion of a nonconforming building for which a certificate of non-conformance has been issued shall not be deemed an extension of such non-conforming use.
(D) A non-conforming building for which a certificate of non-conformance has been issued may not be reconstructed or structurally altered during its life to an extend exceeding an aggregated cost of 25% of the assessed value of the building unless said building when rebuilt contains a conforming use and otherwise conforms with this chapter. Any building damaged by fire or other causes to the extent of more than 50% of its assessed value shall only be restored or rebuilt after an application for such restoration or rebuilding has been approved by the Planning and Zoning Commission. Such application must show that the building and its use fully comply with this chapter.
(E) Whenever a non-conforming use has been discontinued for a period of 90 days or more, such use shall not thereafter be re-established, and any future use shall be in conformance with the provisions of this chapter.
(F) Nothing in this chapter shall require any change in plans, construction, or designated use of a building for which a building permit has been issued prior to enactment of this chapter.
(Ord. 558, passed 12-8-1986)
No building or structure shall be erected, moved, added to, or structurally altered without first obtaining a building permit as required by the applicable ordinances of the town.
(Ord. 558, passed 12-8-1986) Penalty, see § 154.99
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