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(A) Purpose. To provide for the regulation of land uses to ensure their compatibility and proper integration into the land use pattern of the town. Certain uses which may be harmonious under special conditions, but improper under general conditions are classified as conditional uses and require conditional use permits for approval, prior to construction.
(B) Permit required. An approved conditional use permit shall be required for each conditional use listed in this chapter. No building permit or other permit or license shall be issued for a use requiring conditional use approval until a conditional use permit shall first have been recommended by the Commission and then approved by the Town Council.
(C) Conditional use application. Petition for a conditional use permit shall be made to the Town Clerk on forms provided by the town and a filing fee, (see fee schedule) as may be established from time to time by the Town Council, shall be paid. Along with the application, the applicant shall file a site development plan, drawn to scale, and showing the location of all existing and proposed buildings, fences, general landscaping, automobile circulation and parking, loading areas, garbage collection areas, lighting, signs and topography. If necessary, the applicant will file a vicinity map, a drainage plan and any other information that the Commission may deem desirable to properly consider the request.
(D) Commission action. Upon receipt of an application for a conditional use permit, the Planning and Zoning Commission shall hold a hearing on the request at its next regular Commission meeting. The Commission, after review, shall recommend approval of the request by addition of any conditions that it might deem necessary to protect the health, safety, welfare and aesthetics of the area.
(E) Council action. Once the Commission has held a hearing on the application for a conditional use permit, it shall make recommendation to the Town Council, and the Council may approve deny or send the conditional use application back to the Commission for modification in public meeting. In approving any conditional use, the Council shall find the proposed use to be necessary or desirable for and not detrimental to the public health, safety and welfare, and that it is in harmony with the intent and purpose of the master plan of the town. It may impose such regulations and conditions it may deem necessary to allow it to make those findings.
(F) Time limitation. The use becomes effective upon Council action. The conditional use permit shall be good for a period of one year from the date of approval, otherwise it shall become null and void. At the termination of the time period, the permit shall be void if the work approved by the permit has not been completed. An extension for the construction period may be approved by the Council, upon application by the applicant and recommendation by the Planning and Zoning Commission. Extensions may be granted for a maximum period of one year at a time. Upon completion of the construction of all improvements proposed and required to be constructed, no further review shall be necessary. The Council may place a time limitation on some uses in which case the use will be reviewed at the end of the period specified. The review may result in a continuation of the request for a period of time, or it may result in termination of the conditional use permit.
(G) Denial of request. In the event that the Council denies the request for a conditional use permit, no person shall reapply on the same property for a period of one year from the date of denial unless the conditions upon which the original denial was based have changed substantially.
(1974 Code, § 18-2-3) (Res. 99-016, passed 9-8-1999; Ord. 99-002, passed 9-8-1999)
(A) Purpose. The purpose of the plan review is to allow the town to determine that the development is in conformity with the intent and purpose of this chapter and with all other ordinances. The plan review requirement shall apply to all permitted and conditional uses in all zoning districts.
(B) Review. The Building Inspector will review all plans submitted. Plans requiring review and approval by the Planning and Zoning Commission, Board of Adjustment or Town Council will be referred to the appropriate body for review and action. Once approved, permits may be issued, fees paid and then construction may begin. Failure to submit plans or failure to receive plan approval prior to construction shall be considered to be a violation of this chapter.
(C) Official soil test. The town shall recommend to each property owner, at the time permit is issued, that an official soil test and report to determine type and consistency of soil on building site be obtained.
(1974 Code, § 18-2-4) (Res. 99-016, passed 9-8-1999; Ord. 99-002, passed 9-8-1999)
SUPPLEMENTARY AND QUALIFYING REGULATIONS
(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
NON-CONFORMING STRUCTURE. A structure which was lawfully erected prior to the adoption of this chapter but which, under this chapter, does not conform with the standards of coverage, yard spaces, height of structures or distance between structures prescribed in the regulations for the district in which the structure is located.
NON-CONFORMING USE. A use of a structure or land which was lawfully established and maintained prior to the adoption of this chapter, but which, under this chapter, does not conform to the use regulations for the district in which it is located.
(B) Application.
(1) Any non-conforming structure may be restored to a safe condition. Any expansion must be approved by the Council. Replacement of a non-conforming structure or use terminates its non-conforming status.
(2) The lawful use of land, buildings or structures existing at the time of the passage of this chapter, although it does not conform to the provisions hereof, may be continued, but if the non-conforming use is discontinued for a period of one year, any future use of the land or structure shall be in conformity with the provisions of this chapter.
(3) A non-conforming use of a building or land shall not be changed to another non-conforming use. Changes shall be to a conforming use only.
(4) No building, structure or premises shall be used and no building, structure or part thereof shall be constructed, altered, repaired, improved, moved, removed, erected or materially altered, except in conformity with the provision of the zone in which it is located, unless it is non-conforming as provided herein. Any use that is not specifically permitted is hereby declared to be a prohibited use, unless otherwise approved by the Council.
(1974 Code, § 18-3-1) (Res. 99-016, passed 9-8-1999; Ord. 99-002, passed 9-8-1999)
(A) All lots shall have access to a public street connecting the public street system and shall meet the size requirements of the zone in which it is located.
(B) A water supply shall be available for each lot for which a building permit is requested. Responsibility for running utility lines to lots is the responsibility of the lot owner. After installation of the water system and other utilities, to the town standards, the town will accept the line for upkeep and maintenance up to the edge of the private property.
(C) All lots for which a building permit is requested shall receive a permit for the installation of a septic tank from the County Health Department prior to making application for the building permit. No septic tanks will be allowed where sewer hook-up is available within 300 feet.
(D) Improvements to or other uses of property shall not interfere with or obstruct the established drainage pattern over the lot from or to adjacent lots, and any modification of drainage on the lot, such as paving, piping or channelization, shall not increase the runoff in such a manner as to cause flooding or flood related damage to adjacent lots or public facilities.
(E) A signed easement must be filed with the Town Clerk whenever extension of a town owned power line or other utility is requested. The cost of extending utility shall be borne by the property owner in all cases. The cost of extending the utility line may be shared by subsequent users of the line up to ten years from the date of installation. Part of the original cost may be charged to the add-ons. (See line extension in policy and procedures manual.) All future subdivision construction to have underground utilities. (See § 153.118.)
(1974 Code, § 18-3-2) (Res. 99-016, passed 9-8-1999; Ord. 99-002, passed 9-8-1999)
(A) No yard or other open space provided around any building shall be considered as the yard or open space for any other building unless originally designed as such.
(B) Awnings, open fire balconies, fire-escape stairs, window-type refrigeration units, suspended or roof evaporative coolers, and forced air furnaces may project into the required setback area a distance of no more than three feet.
(C) Sills and similar ornamental features may extend into the setback areas not more than 12 inches.
(D) Any part of any detached accessory building shall not be located closer than ten feet from any main structure and shall be at least two feet from any side or rear property line. Any runoff water from roof must land on owner’s property. The term FRONT SETBACK AREA in this chapter shall refer to the setback area along any street frontage whatsoever, whether it is the side or front yard of a property.
(E) Combined lots where two or more lots are used as a building site with structure(s) that cross lot lines, the entire area shall be considered as one lot and shall be recorded with a new legal description that establishes the combined lots as one lot. If two lots are large enough to move the boundary line, the remaining lot must still fit zoning size standards.
(F) No space needed to meet the width, yard, area, coverage, parking or other requirement of this chapter for lot or building may be sold or leased away from the lot or building. No parcel of land, which has less than the minimum width and area requirements for the zone in which it is located, may be used for the building or development of a structure or use provided herein.
(1974 Code, § 18-3-3) (Res. 99-016, passed 9-8-1999; Ord. 99-002, passed 9-8-1999)
(A) For safety reasons, no wall or fence shall be over three feet in height in any front yard setback on a corner, except when an open, chain-link type fence may be constructed in the setback areas to a height of six feet; provided that, it is left open.
(B) A conditional use permit is required for barbed wire, razor wire and electrically charged fence. All electric fences shall be signed to alert the public to the fact that an electric fence is present. No charge shall be made for the application.
(1974 Code, § 18-3-4) (Res. 99-016, passed 9-8-1999; Ord. 99-002, passed 9-8-1999)
Home businesses shall be permitted only with a conditional use permit in any residential zone subject to the following requirements.
(A) The home business shall be secondary to the use of the property and dwelling unit for dwelling purposes, and shall not change the character thereof.
(B) There shall be no exterior materials or variation from the residential character of the principal building.
(C) No offensive noise, vibration, smoke, dust, odors, heat or glare shall be produced.
(D) The activity limitations shall be determined per case by conditional use permit. Some restrictions shall apply: no troubled youth or violent individuals.
(E) Permit must be renewed annually.
(F) Any violations of the terms of the conditional use permit make it subject to revocation.
(G) A home business shall not include the following: any business that caused danger to the neighbors, gives off irritating odors or noise, or discharges hazardous waste into the air or ground. Others will be determined on a case by case basis.
(1974 Code, § 18-3-5) (Res. 99-016, passed 9-8-1999; Ord. 99-002, passed 9-8-1999)
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