(A) Within the use districts indicated on the Zoning Map, no buildings or land shall be used, and no building shall be erected or altered which is intended or designed to be used in whole or in part, for any other purpose other than those listed in this subchapter. ('85 Code, § 15-5.2) (Ord. 93-5, passed 2-17-93)
(B) (1) The regulations set by this chapter within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, except as hereinafter provided.
(a) No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered except in conformity with all of the regulations herein specified for the district in which it is located.
(b) No building or other structure shall hereafter be erected or altered:
1. To exceed the height or bulk.
2. To accommodate or house a greater number of families.
3. To occupy a greater percentage of lot area.
4. To have narrower or smaller rear yards, front yards, side yards, or other open spaces than herein required, or in any other manner be contrary to the provisions of this chapter.
(c) No part of a yard, or other open space required about or in connection with any building for the purpose of complying with this chapter, shall be included as part of a yard, or open space similarly required for any other building.
(d) No yard or lot existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements established by this chapter.
(2) Regulations for each district shall be enforced and interpreted according to the following rules:
(a) Permitted uses. Uses are permitted by right.
(b) Special uses. Uses are permitted subject to the additional conditions imposed and approved by the Board of Adjustment. In granting a special use, the Board of Adjustment shall consider the following criteria:
1. That the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved;
2. That the use meets all required conditions and specifications elsewhere stated;
3. That the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity;
4. That the location and character of the use, if developed according to the plan submitted and approved, will be in harmony with the area in which it is to be located and in general conformity with the town plan of development;
5. Whether the proposal complies with the land use plan;
6. Whether additional limitations or restrictions are necessary in order to protect properties. Such restrictions may include: setback limitations, fencing and screening of structures, height restrictions, continued maintenance of the structure, restrictions on signage, aesthetic considerations; and
7. A review of a detailed site plan that must be submitted with any application for a special use.
(c) Accessory uses. Accessory uses and structures are permitted in any district but not until their principal structure is present or under construction. Accessory uses shall not involve the conduct of any business, trade, or industry except for home and professional occupations as defined herein. Structures used for accessory uses shall be of comparable color and material of the primary structure and shall be on the same lot of the primary use.
(d) Uses not specified. Uses not specified in this chapter may be permitted by the Board of Adjustment after the Planning and Zoning Board has made a review and written recommendation and provided that such uses are similar in character to the permitted uses in the district.
(e) Temporary uses. Temporary uses such as real estate sales field offices or shelters for materials and equipment being used in the construction of a permanent structure, may be permitted by the Board of Adjustment, as provided for under § 157.150 of this chapter.
(f) Minimum regulations. Regulations set forth by this chapter shall be minimum regulations. If the district requirement's set forth in this chapter are at variance with the regulations of any other lawfully adopted rules, regulations, or other ordinance, the more restrictive or higher standard shall govern.
(g) Land covenants. Nothing in this chapter shall modify or repeal any deed restrictions but no such restrictions shall constitute a means for developing less than prescribed herein.
(‘85 Code, § 15-3.5) (Ord. 33, passed 10-5-81; Am. Ord. 02-12, passed 10-14-02; Am. Ord. 06-01, passed 1-9-06; Am. Ord. 21-10, passed 6-15-21) Penalty, see § 157.999