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§ 152.53 R-G GENERAL RESIDENTIAL DISTRICT.
   (A)   General description. This residential district is intended to provide for both low and high population density. It is established as a district in which the principal uses of the land are for multi-family dwellings and similar high density residential development. The intent is to encourage the development and continued use of land for multi-family dwellings and to prohibit commercial and industrial uses or any other use which would substantially interfere with the development or continuation of multi-family dwellings in this district. It is further intended to discourage any use which would generate traffic or create congestion on the neighborhood street other than the normal traffic which serves the multi-family dwellings or similar residential uses in this district and discourage any use which, because of its character or size, would create additional requirements and costs for public services which would be in excess of such requirements and costs if this district were developed solely for multi-family or other similar residential uses.
   (B)   Uses permitted. Within the R-G General Residential District, the following uses are permitted:
      (1)   Any use permitted in the R-S Single-Family Residential District;
      (2)   Duplex;
      (3)   Multi-family dwelling; and
      (4)   Rooming or boarding house.
   (C)   Uses permitted subject to additional requirements. The following uses may be permitted by the Board of Adjustment after public hearing; provided, that they meet the requirements noted for each use in addition to the applicable area regulations:
      (1)   Accessory buildings and uses customarily incidental to the uses listed in this section when located on the same lot;
      (2)   Any uses permitted subject to additional requirements for the R-S Single-Family Residential District;
      (3)   Childcare centers or daycare homes; provided, that they are located on a lot not less than 10,000 square feet in area and have frontage on a through street as shown on the zoning map;
      (4)   Community services, cultural and utility facilities; provided, that they are located on a lot of not less than one acre and have frontage of a through street as shown on the zoning map;
      (5)   Convalescent home, rest home, nursing home and hospitals, public or private; provided, that they have frontage on a through street as shown on the zoning map; and
      (6)   Mobile home parks, in compliance with division (F) below.
   (D)   Area and height regulations.
      (1)   Minimum lot area 6,000 square feet.
 
Minimum Lot Frontage
Maximum Percent Coverage
Maximum Height
Minimum Front Yard Setback
Minimum Side Yard Setback
Minimum Rear Yard Setback
50 feet
30%
35 feet
25 feet
5 feet
20%
 
      (2)   Lot area above 10,000 square feet.
 
Minimum Lot Frontage
Maximum Percent Coverage
Maximum Height
Minimum Front Yard Setback
Minimum Side Yard Setback
Minimum Rear Yard Setback
100 feet
50%
None
35 feet
1 foot for every foot of height
20%
 
   (E)   Signs and billboards. The control of signs and billboards in the R-G District is the same as that set forth for the R-S District, except that such uses as may be permitted subject to additional requirements may erect one non-illuminated nameplate not exceeding 24 square feet in area, identifying the name and use of the premises.
   (F)   Mobile home parks. Upon compliance with the provisions as set forth herein, a mobile home park will be allowed within the R-G District.
      (1)   Application for permit; submit plans. The applicant, upon making application for a zoning clearance permit, must submit a detailed site plan locating all mobile home stands, screening or fencing and plans and specifications for the proposed park in a form suitable for making the determinations required herein.
      (2)   Site and area specifications.
         (a)   The proposed site shall be a minimum of 300 feet wide by 100 feet deep and shall contain no more than six mobile homes within this minimum area.
         (b)   The proposed site shall have a minimum frontage on a through street of 200 feet.
         (c)   Each mobile home within this district mobile home park must have a minimum of 750 square feet of living space.
         (d)   There must be at least two blocks between each mobile home park.
      (3)   Permanent or transient occupancy. The mobile home park shall accommodate primarily permanent occupants, with no more than 40% of the mobile home stands devoted to solely transient purposes. These solely transient stands are to be located in one area of the park so they will in no way interfere with the permanent residents.
      (4)   Front and side yards. Front yards of not less than 20 feet and side and rear yards of not less than ten feet shall be provided on mobile home park sites.
      (5)   Off-street parking. The proposed site shall provide one off-street parking space for each mobile home stand, plus one additional off-street parking space for each four mobile home stands.
      (6)   Connection to public utilities. The proposed site shall provide a connection for each mobile home stand to all public utilities.
(Prior Code, § 10-2E-3) Penalty, see § 152.99
§ 152.54 C-C CONVENIENCE COMMERCIAL DISTRICT.
   (A)   General description. This commercial district is intended for buildings of retail shops and stores and personal services that provide for the regular needs and are for the convenience of the people residing in the adjacent residential neighborhoods. It is intended that these establishments be developed with adequate off-street parking space for customers and employees and with appropriate landscaping and screening.
   (B)   Uses permitted. Within the C-C District, the following uses are permitted:
      (1)   General uses.
         (a)   Artists supplies and hobby shop;
         (b)   Bakery shop;
         (c)   Barbershop and beauty shop;
         (d)   Bookstore;
         (e)   Clothing or wearing apparel shops;
         (f)   Florist shop;
         (g)   Gift shop;
         (h)   Jewelry shop;
         (i)   Laundry and dry cleaning pick up stations;
         (j)   Medical facility;
         (k)   Office, professional or general;
         (l)   Restaurants (not drive-in);
         (m)   Self-service laundries; and/or
         (n)   Shoe repair shop.
      (2)   Uses permitted in R-G District. Any of the uses permitted in the R-G General Residential District subject to additional requirements as provided.
      (3)   Accessory buildings and uses. Accessory buildings and uses customarily incidental to the uses listed in divisions (B)(1) and (B)(2) above; provided, that there shall be no manufacturing of products other than such as are customarily incidental to retail establishments.
      (4)   Other commercial uses. Any other commercial use deemed by the Board of Adjustment to be of a similar nature to those listed in this section.
   (C)   Area and height regulations; parking.
      (1)   Table of requirements.
 
Minimum Lot Area
Minimum Lot Frontage
Maximum Percent Coverage
Maximum Height
Minimum Front Yard Setback
Minimum Side Yard Setback
Minimum Rear Yard Setback
10,000 square feet
100 square feet
40%
35 feet
50 feet
2 feet for every 1 foot of building height, adjacent to residential district
10 feet
 
      (2)   Off-street parking. Adequate off-street parking shall be provided for the average customer/employee loading.
   (D)   Business signs. Business signs, poster boards, bulletin boards or other similar displays in the C-C District shall conform to the following requirements:
      (1)   Sign specifications and location. In the C-C District, one business sign not exceeding 32 square feet in surface area and identifying the business or activity conducted on their premises may be erected on each street frontage of the parcel. Ground signs shall not exceed the height of the building in which the principal use is located or 20 feet, whichever is lower. No business sign shall be located within 50 feet of a residential district if visible from such district. Illumination, if any, shall be by constant light.
      (2)   Real estate signs. A real estate sign advertising the sale, rental or lease of the premises may be erected on each street frontage of the site. The sign shall not exceed 16 feet in surface area nor 15 feet in height.
      (3)   Placement on private property; projections. All signs in the C-C District shall be erected upon private property and shall not encroach upon any public street or walk, except as provided by the applicable codes of the town, and they shall not overhang at a height less than nine feet and shall not have a maximum projection greater than 72 inches.
(Prior Code, § 10-2E-4) Penalty, see § 152.99
§ 152.55 C-A/R AUTOMOTIVE COMMERCIAL AND COMMERCIAL RECREATION DISTRICT.
   (A)   General description. This commercial district is established as a district in which the principal use of land is for establishments offering accommodations, supplies or services to motorists, and for certain specialized uses as retail outlets, commercial amusement and service establishments which serve the entire community but do not and should not necessarily be located in the Central Business District or the Convenience Commercial District.
   (B)   Uses permitted. Within the C-A/R District, the following uses are permitted: any use permitted in the C-C District; and other uses, including:
      (1)   General uses.
         (a)   Ambulance service offices or garages;
         (b)   Amusement enterprises;
         (c)   Automobile service stations;
         (d)   Billboards as permitted in division (D) below;
         (e)   Boat sales and service;
         (f)   Bowling alleys;
         (g)   Bus terminals;
         (h)   Dance halls;
         (i)   Drive-in theaters or restaurants;
         (j)   Electric transmission stations;
         (k)   Food and fuel stores;
         (l)   Funeral parlors;
         (m)   Garden stores;
         (n)   Golf course, miniature or practice range;
         (o)   Heating and plumbing sales and service;
         (p)   Hospital for small animals;
         (q)   Ice plants;
         (r)   Kennels;
         (s)   Key shops;
         (t)   Laundries;
         (u)   Motels;
         (v)   Music, radio and television shop and repair;
         (w)   New and used automobile sales and services, new and used machinery sales and services and public garages;
         (x)   Nightclubs;
         (y)   Novelty shops;
         (z)   Pawnshops;
         (aa)   Pet shops;
         (bb)   Printing plants;
         (cc)   Public uses;
         (dd)   Recreation center, private;
         (ee)   Roller skating rinks;
         (ff)   Sign painting shops;
         (gg)   Taverns;
         (hh)   Travel trailer park and sales; and
         (ii)   Wholesale distribution center.
      (2)   Other businesses. Any other store or shop for retail trade or for providing personal, professional or business service other than those provided for in the C-G General Commercial District.
      (3)   Buildings and accessory uses. Buildings, structures and accessory uses, customarily incidental to any of the uses listed in this section; provided, that there shall be no manufacturing of products other than such as are customarily incidental to retail establishments.
   (C)   Area and height regulations; parking.
      (1)   Table of requirements.
 
Minimum Lot Area
Minimum Lot Frontage
Maximum Percent Coverage
Maximum Height
Minimum Front Yard Setback
Minimum Side Yard Setback
Minimum Rear Yard Setback
10,000 square feet
100 feet
30%
35 feet
50 feet
2 feet for every 1 foot of height of the building
20 feet
 
      (2)   Off-street parking. Adequate off-street parking shall be provided for the average customer/employee number.
   (D)   Business signs. Business signs, poster boards, bulletin boards or other similar displays in the C-A/R District shall conform to the following requirements.
      (1)   Sign specifications and location. In the C-A/R District, business signs not exceeding in the aggregate one square foot of display surface area per one linear foot of the street frontage and identifying the business or activity conducted on their premises may be erected on each street frontage of the parcel. Ground signs shall not exceed the height of the building in which the principal use is located or 20 feet, whichever is lower. No business sign shall be located within 50 feet of a residential district if visible from such district. Illumination, if any, shall be by constant light.
      (2)   Real estate signs. A real estate sign advertising the sale, rental or lease of the premises may be erected on each street frontage of the site. The sign shall not exceed 50 feet in surface area nor 15 feet in height.
      (3)   Placement on private property; projections. All signs in the C-A/R District shall be erected upon private property and shall not encroach upon any public street or walk, except as provided by the applicable codes of the town, and they shall not overhang at a height less than nine feet and shall not have a maximum projection greater than 72 inches.
(Prior Code, § 10-2E-5) Penalty, see § 152.99
§ 152.56 C-G GENERAL COMMERCIAL DISTRICT.
   (A)   General description. This commercial district is designed for the conduct of personal and business services and the general retail trade of the community. It is designed to accommodate a wide variety of commercial uses in the Central Business District or areas of mixed business enterprises. It will not normally be applied in the case of new commercial areas.
   (B)   Uses permitted. Within the C-G District, the following uses are permitted:
      (1)   Any use permitted in a C-C or C-A/R District; and
      (2)   Any other retail, personal service, business service or professional use not already mentioned, including:
         (a)   Bakery;
         (b)   Department store;
         (c)   Frozen food locker;
         (d)   Furniture repair and upholstery;
         (e)   Research laboratories; and
         (f)   Wholesale, except for outdoor storage.
   (C)   Area and height regulations. There are no area or height regulations in the C-G District.
   (D)   Signs and billboards. All signs and billboards in the C-G District shall conform to the requirements in § 152.55(D).
(Prior Code, § 10-2E-6) Penalty, see § 152.99
§ 152.57 I-L LIGHT INDUSTRIAL DISTRICT.
   (A)   General description. The purpose of the I-L Light Industrial District is to provide a location for industries which do not by their nature create nuisances. The intent is to preserve this land for industry in a location beneficial to industries and to prohibit nonindustrial uses. Because of the traffic generated and other potentially objectionable influences created in this district, a buffer or setback area between this district and other zoning districts, except I-H, is required.
   (B)   Standards. Any use constructed, established, altered or enlarged in the I-L District, after the effective date hereof, shall be so operated as to comply with the following standards.
      (1)   No building shall be used for residential purposes, except that a watchperson may reside on the premises.
      (2)   No retail sales or services shall be permitted, except as incidental to or accessory to a permitted use.
      (3)   No noise, either continuous or intermittent, from any operation conducted on the premises, other than that emanating from vehicular traffic, shall be detectable at any boundary line of the I-L District.
      (4)   No toxic matter, noxious matter, smoke, gas or odorous or articulate matter shall be emitted that is detectable beyond the lot lines of the lot on which the use is located.
      (5)   No vibrations shall be detectable beyond the lot lines of the lot on which the use is located.
      (6)   Exterior lighting fixtures shall be shaded wherever necessary to avoid casting direct light upon property located in any residential district.
      (7)   The manufacture of flammable materials which produce explosive vapors or gases is prohibited.
      (8)   No outside storage of equipment or material, except equipment in daily use, is permitted in such a location where it can be viewed from any public street.
      (9)   Any operation that produces intense glare or heat shall be performed within a completely enclosed building, and exposed sources of light shall be screened so as not to be detectable beyond the lot lines.
   (C)   Uses permitted. Within the I-L Light Industrial District, the following uses are permitted:
      (1)   Accessory uses incidental to and on the same zoning lot as the principal use;
      (2)   Building material sales;
      (3)   Commercial radio and television transmitting antenna towers and other electronic equipment requiring outdoor towers, including antenna towers for the dispatching of private messages;
      (4)   Compounding, processing and blending of chemical products, but not including any materials which decompose by detonation;
      (5)   General and administrative offices;
      (6)   Machine shops and metal products manufacture and tool and die shops; provided, that they do not include any of the following equipment:
         (a)   Automatic screw machines;
         (b)   Drop forges; or
         (c)   Riveting machines.
      (7)   Mail order houses;
      (8)   Manufacturing and assembling of electrical and electronic products and equipment;
      (9)   Manufacturing and assembling (or any combination of such processes) of products from the following, but not including as a principal operation the processing of any raw materials:
         (a)   Cork;
         (b)   Felt;
         (c)   Fur;
         (d)   Glass;
         (e)   Leather;
         (f)   Plastic;
         (g)   Wood; and
         (h)   Other textiles.
      (10)   Printing and binding plants;
      (11)   Research laboratories;
      (12)   Warehouse and storage facilities;
      (13)   Water filtration plants, pumping stations, reservoirs and lift stations; and
      (14)   Any other manufacturing process or establishment, except those permitted in I-H Heavy Industrial District.
   (D)   Area and height regulations.
 
Minimum Lot Area
Minimum Lot Frontage
Maximum Percent Coverage
Maximum Height
Minimum Front Yard Setback
Minimum Side Yard Setback
Minimum Rear Yard Setback
None
None
40%
None
50 feet
50 feet
50 feet
 
   (E)   Signs and billboards. All signs and billboards in the I-L District shall conform to the requirements in § 152.55(D).
(Prior Code, § 10-2E-7) Penalty, see § 152.99
§ 152.58 I-H HEAVY INDUSTRIAL DISTRICT.
   (A)   General description.
      (1)   The purpose of the I-H Heavy Industrial District is to provide a location for industries which by their very nature create nuisances. The intent is to preserve this land especially for such industry in locations with access to arterial streets, as well as locations generally accessible to railroad transportation.
      (2)   Because of the nuisances or other objectionable influences that may be created in this district, a buffer or setback strip between this district and other zoning districts, except the I-L District, is required.
   (B)   Standards. Any use constructed, established, altered or enlarged in the I-H District after the effective date hereof shall be so operated as to comply with the following standards. No use already established on the effective date hereof shall be so altered or modified as to conflict with, or further conflict with, the applicable standards hereinafter for the I-H District.
      (1)   No building shall be used for residential purposes, except that a watchperson may reside on the premises.
      (2)   No retail sales or services shall be permitted except as incidental to or accessory to a permitted use.
      (3)   No storage, manufacture or assembly of goods shall be conducted out of a building unless the nearest point of activity is more than 100 feet from the boundary of any zoning district.
      (4)   Exterior lighting fixtures shall be shaded wherever necessary to avoid casting direct light upon property located in any residential district.
      (5)   All manufacturing, fabricating, assembly, disassembly, repairing, storing, cleaning, servicing and testing of goods, wares and merchandise shall be carried on in such a manner as not to be injurious or offensive by reason of the emission or creation of noise, vibration, smoke, dust or other particulate matter, toxic or noxious matter, odors, glare, heat, fire or explosives hazard.
      (6)   No activities involving storage, utilization or manufacture of materials or products which decompose by detonation are permitted.
   (C)   Uses permitted. Within the I-H District, any use permitted in the I-L District also applies. The following uses are permitted:
      (1)   Blacksmiths, tinsmiths and sheet metal shops;
      (2)   Bottling works;
      (3)   Canning or preserving factories;
      (4)   Cold storage plants;
      (5)   Ice cream production and distribution;
      (6)   Laundry and dry cleaning plants;
      (7)   Machine shops;
      (8)   Machinery rental, sales and service; and
      (9)   Manufacturing, fabricating, assembling, repairing, storing and cleaning, servicing or testing of any of the following materials, goods or merchandise:
         (a)   Apparel;
         (b)   Automobile wrecking and junk yards; provided, that they are enclosed throughout the entire perimeter by a solid fence not less than eight feet in height;
         (c)   Beverages (nonalcoholic), processing and bottling;
         (d)   Building materials specialties;
         (e)   Bulk fuel sales and storage;
         (f)   Clothing;
         (g)   Compounding and packaging of chemicals;
         (h)   Cosmetics and toiletries;
         (i)   Dairy products;
         (j)   Drugs and pharmaceutical products;
         (k)   Electrical and acoustical products and components;
         (l)   Food products (except fish, sauerkraut, vinegar and yeast);
         (m)   Furniture;
         (n)   Glass products;
         (o)   Ice, dry and natural;
         (p)   Jewelry;
         (q)   Medical laboratory supplies, equipment and specialties;
         (r)   Metal products and utensils;
         (s)   Milk, bottling and distribution;
         (t)   Monumental stonecutting;
         (u)   Motor freight terminals;
         (v)   Musical instruments;
         (w)   Optical goods;
         (x)   Paper products, including boxes and containers;
         (y)   Pattern shops;
         (z)   Printing plants;
         (aa)   Processing of meat and vegetable products, including the slaughter of animals;
         (bb)   Radios, phonographs, recorders and television sets and parts, computer-related equipment;
         (cc)   Railroad yards and switching areas, including lodging and sleeping facilities for transient railroad labor;
         (dd)   Sign painting;
         (ee)   Soldering and welding shops;
         (ff)   Spray painting and mixing;
         (gg)   Textiles;
         (hh)   Toys and children’s vehicles;
         (ii)   Trailers and carts; and
         (jj)   Wood products, including wooden boxes and containers.
   (D)   Area regulations.
      (1)   There are no requirements for minimum lot frontage in the I-H District.
      (2)   Front, rear and side yard requirements in the I-H District are the same as those set forth in § 152.57(D) for the I-L District.
      (3)   Buildings shall not cover more than 50% of the site on which the use is located.
   (E)   Signs and billboards. All signs and billboards in the I-H District shall conform to the requirements in § 152.55(D).
(Prior Code, § 10-2E-8) Penalty, see § 152.99
§ 152.59 NONCONFORMING USES.
   (A)   Nonconforming uses generally. The lawful use of any building, structure or land existing on the effective date hereof may be continued, although such use does not conform with the provisions of this chapter; provided, that the following conditions are met.
      (1)   Nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any portion of a building or structure declared unsafe by a proper authority.
      (2)   Any building arranged, intended or designed for a nonconforming use, the construction of which has been started on the effective date hereof, but not completed, may be completed and put to such nonconforming use; provided, that it is done within one year after the effective date hereof.
      (3)   Any building or structure existing as a nonconforming use on the effective date hereof, which is destroyed by fire or the elements, may be reconstructed and restored for such nonconforming use within one year from the date of destruction.
      (4)   No nonconforming building, structure or use shall be changed to another nonconforming use.
      (5)   Whenever a nonconforming use has been changed to a more restricted use or a conforming use, such use shall not thereafter be changed to a less restricted or nonconforming use.
      (6)   If any nonconforming use of a building or structure is voluntarily discontinued for three months or more, it shall be deemed abandoned and shall not, therefore, be returned to such nonconforming use.
(Prior Code, § 10-2F-1)
   (B)   Nonconforming uses of land. Where, on the effective date of adoption or amendment of this chapter, lawful uses of land exist that are no longer permissible under the terms of this chapter as enacted or amended, such uses may be continued as long as they remain otherwise lawful, subject to the following provisions.
      (1)   No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use on the effective date of adoption or amendment of this chapter.
      (2)   No such nonconforming use shall be enlarged or increased or extended to occupy a greater area of land than was occupied on the effective date of the adoption or amendment of this chapter.
      (3)   If any such nonconforming use of land ceases for any reason for a period of more than 30 days, and subsequent use of such land shall conform to the regulations specified by this chapter for the district in which such land is located.
(Prior Code, § 10-2F-2)
Penalty, see § 152.99
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