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SUPPLEMENTARY AND QUALIFYING REGULATIONS
§ 153.035 NON-CONFORMING USES AND STRUCTURES.
   (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)
§ 153.036 STREET AND UTILITY REQUIREMENTS.
   (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)
§ 153.037 LOT AND SETBACK REQUIREMENTS.
   (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)
§ 153.038 WALLS AND FENCES.
   (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)
§ 153.039 HOME BUSINESSES.
   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)
SIGNS
§ 153.050 PURPOSE.
   (A)   The purpose of this subchapter is to encourage the effective use of signs as a means of communication and to improve the appearance and aesthetic quality of the community. The subchapter seeks to permit signs that will not, by reason of their size, location, construction or manner of display, endanger the public safety of individuals, confuse, mislead or obstruct the vision necessary for traffic safety or otherwise endanger public health, safety and morals.
   (B)   The sign requirements contained herein are declared to be the maximum allowable, and sign types not specifically allowed as set forth within this section shall be prohibited. Where other ordinances are in conflict with the provisions of this chapter, the most restrictive ordinance shall apply.
(1974 Code, § 306) (Res. 07-001, passed 2-13-2007; Ord. 07-001, passed 4-24-2007)
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