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(A) Compliance with this chapter required. No building or portion of a building shall be erected, used, moved or altered, except in conformity with the standards in this chapter.
(B) Pre-existing lots. Lots established prior to 3-2-2009 shall only be required to meet the setback provisions for the base-zoning district in which they are located, and shall be exempt from the other minimum lot size or lot width requirements.
(C) Reduction prohibited. Except as required through the establishment of new public rights-of-way (such as roadway widening) or approved as a variance, no yard or lot existing on 3-2-2009 shall be reduced in size or area below the minimum requirements of the base and overlay zoning district where it is located.
(D) Street access. All lots shall front upon, and have access to, a public or private street built in accordance with the town’s standards.
(E) Double frontage and flag lots prohibited. Double frontage lots and flag lots shall be prohibited, except where required due to extreme topographic circumstances or site conditions.
(F) Yard determination on irregular lots.
(1) The location of required front, side and rear yards on irregularly shaped lots shall be determined by the Ordinance Administrator.
(2) The determination shall be based on the spirit and intent of this chapter to achieve an appropriate spacing and location of buildings and structures on individual lots.
(G) Allowable yard encroachments for residential uses. Building features and architectural elements may encroach into required yards or setbacks only in accordance with the following standards.
(1) Balconies, stoops, open porches, bay windows, steps, mechanical units, raised doorways and similar architectural features are permitted to encroach into a required yard or setback a maximum of four feet.
(2) First floor encroachments shall not extend into the right-of-way.
(3) Side yard encroachments shall not be closer than five feet to a lot line.
(4) Attached and unenclosed decks or porches serving a single-family residential use may encroach into a required rear setback or yard under the following conditions.
(a) The deck or porch shall be set back a minimum of ten feet from the rear lot line.
(b) The deck or porch shall not be enclosed or otherwise made into heated floor space unless it meets the setbacks for the principal structure.
(c) No portion of the structure shall protrude into a required side yard.
(d) Existing single-family residential structures with decks or porches encroaching into a setback or required yard shall be allowed to replace the feature; provided, it does not increase the non- conformity of the structure.
(H) Height limitation exceptions.
(1) The height limitations of this chapter shall not apply to public buildings, religious institutions, schools, hospitals, belfries, cupolas and domes not intended for residential purposes, nor to monuments, water towers, observation towers, power transmission towers, flag poles and similar structures; provided, such structures meet the required State Building Code.
(2) Height limitations shall apply to wireless communication towers as regulated herein.
(Ord. passed 3-5-2018)
The following tables outline the dimensional standards required in the general use districts set forth by this subchapter.
(A) Dimensional standards for agricultural and residential districts.
Dimensional Standards for Agricultural and Residential Districts | ||||
AG | R-3 | R-10 | R-15 |
Dimensional Standards for Agricultural and Residential Districts | ||||
AG | R-3 | R-10 | R-15 | |
Minimum lot size (sq. ft.) | 43,560 | 3,000 | 10,000 | 15,000 |
Minimum lot width (ft.) | ||||
Interior lot | 150 | 50* | 60* | 80 |
Corner lot | 150 | 55* | 65* | 85 |
Minimum front setback (ft.) | 50 | 20 | 30 | 30 |
Minimum rear setback (ft.) | 20 | 10 | 10 | 10 |
Minimum side setback (ft.) | ||||
Interior side | 20 | 5 | 10 | 10 |
Corner side | 30 | 10 | 15 | 15 |
Maximum height (ft.) | 35 | 35 | 35 | 35 |
NOTES TO TABLE: *Not applicable to townhomes. Please refer to § 152.167(D) of this chapter for dimensional standards. | ||||
(B) Dimensional standards for non-residential districts.
Dimensional Standards for Non-Residential Districts | ||||
CB | GC | OI | I | |
Minimum lot size (sq. ft.) | 0 | 5,000 | 5,000 | 40,000 |
Minimum lot width (ft.) | ||||
Interior lot | 0 | 60 | 60 | 100 |
Corner lot | 0 | 65 | 65 | 110 |
Minimum front setback (ft.) | 0 | 20 | 20 | 50 |
Minimum rear setback (ft.) | 0 | 20 | 20 | 50 |
Minimum side setback (ft.) | ||||
Interior side | 0 | 5 | 5 | 20 |
Corner side | 5 | 10 | 10 | 30 |
Maximum height (ft.) | 40 | 40 | 30 | 40 |
(Ord. passed 3-5-2018)
USE STANDARDS
(B) Explanation of the structure of the use table.
(1) Organization of use table. The Use Table is arranged into a number of categories that group uses by their functional classification such as residential or commercial.
(2) Permitted uses. A “P” in a cell indicates that a use type is allowed by right in the respective base zoning district, subject to compliance with any use-specific standards contained in this subchapter.
(3) Special uses. An “S” in a cell indicates that a use type is allowed in the respective base zoning district only upon the issuance of a special use permit by the Board of Adjustment, and subject to compliance with any use-specific standards contained in this subchapter.
(4) Prohibited uses. A blank cell indicates that a particular use type is not allowed in the base zoning district.
(5) Development standards.
(a) A “D” in a cell, accompanying a “P” or an “S” indicates that the particular use type has additional development standards that are required for the use to be established within the base-zoning district.
(6) Uses prohibited by overlay zoning.
(a) An overlay district may prohibit a particular use type despite it being allowed in the base zoning district, or it may require a special use permit for a use allowed by right in the base zoning district.
(b) See § 152.132 of this chapter for specific information on the modification of permitted uses in the overlay districts.
(7) Uses not listed.
(a) Uses not listed in the Use Table may be allowed upon a determination by the Ordinance Administrator that the use is similar in nature to an existing, listed use that is permitted in the district in which the unlisted use will be established.
(b) In making such determination, the Ordinance Administrator shall take into account the purpose and intent of this chapter and the purpose of the district in which the unlisted use is to be established, along with any relevant definitions that exist in the UDO.
(c) The Ordinance Administrator shall recommend text amendments to the Planning Board for their review upon determining that the Use Table would benefit from the addition of an unlisted use.
(d) If the Ordinance Administrator denies a permit for the establishment of an unlisted use, the decision may be appealed to the Board of Adjustment as an appeal of the Ordinance Administrator’s decision.
Uses by District
| |||||||||
P - Use permitted by right S - Use permitted by a special use permit D - Additional development standards apply Blank - Use not allowed | |||||||||
Uses | AG | R-3 | R-10 | R-15 | OI | CB | GC | I |
Uses by District
| |||||||||
P - Use permitted by right S - Use permitted by a special use permit D - Additional development standards apply Blank - Use not allowed | |||||||||
Uses | AG | R-3 | R-10 | R-15 | OI | CB | GC | I | |
Accessory Uses | |||||||||
Accessory dwelling unit | PD | PD | PD | PD | PD | PD | PD | ||
Accessory uses and structures (customary) | P | P | P | P | P | P | P | P | |
Home occupations (customary) | PD | PD | PD | PD | PD | PD | PD | ||
Livestock | PD | ||||||||
Swimming pools | PD | PD | PD | PD | PD | PD | |||
Agricultural Uses | |||||||||
Agricultural production, crops | P | P | P | P | P | P | P | P | |
Livestock, agricultural production | PD | ||||||||
Forestry | P | P | P | P | P | P | P | ||
Horticultural production | P | P | |||||||
Produce stands | P | P | |||||||
Veterinary services (livestock) | P | ||||||||
Commercial Uses | |||||||||
Adult entertainment | SD | ||||||||
Alcoholic beverage control (ABC) stores | P | ||||||||
Animal shelters | P | ||||||||
Auction houses | PD | PD | P | ||||||
Automobile repair and service centers (no gasoline sales) | PD | PD | |||||||
Automobile repair and service centers (with gasoline sales) | PD | PD | |||||||
Automobile sales, rental and leasing | PD | PD | |||||||
Automobile supply stores | P | P | |||||||
Automobile towing and storage | P | ||||||||
Banks and credit unions | PD | PD | P | ||||||
Barber shops and salons | P | P | |||||||
Bars, nightclubs and similar establishments | SD | SD | |||||||
Bed and breakfast inns | PD | PD | PD | PD | PD | PD | PD | ||
Car washes | PD | P | |||||||
Convenience stores (with gasoline sales) | PD | PD | |||||||
Convenience stores (no gasoline sales) | P | P | P | ||||||
Contractors offices (no outside storage) | P | P | P | P | |||||
Contractors offices (with outside storage) | PD | P | |||||||
Crematoriums | SD | PD | |||||||
Drug stores and pharmacies (with drive-through service) | P | ||||||||
Drug stores and pharmacies (no drive-through service) | PD | P | P | ||||||
Dry cleaners | PD | PD | |||||||
Equipment rental and leasing (no outside storage) | PD | P | |||||||
Equipment rental and leasing (with outside storage) | SD | P | |||||||
Equipment repair services (no outside storage) | PD | P | |||||||
Equipment repair services (with outside storage) | SD | P | |||||||
Farm equipment sales and service | PD | P | |||||||
Farm and agricultural supplies, retail | PD | P | |||||||
Fuel oil sales, retail | SD | SD | P | ||||||
Funeral homes (no crematory services) | SD | SD | PD | P | |||||
Garden centers and nurseries, retail | S | P | |||||||
Gasoline sales, retail (no repair or service facilities) | PD | P | |||||||
General merchandise stores | P | P | |||||||
Grocery stores | P | P | |||||||
Hardware and home improvement stores | P | P | |||||||
Home furnishings stores | P | P | |||||||
Hotels and motels | P | P | |||||||
Insurance agencies (with on-site claims inspection) | PD | P | |||||||
Kennels, commercial | SD | P | |||||||
Landscaping services | S | S | P | ||||||
Laundromats | PD | ||||||||
Manufactured home sales, new | PD | ||||||||
Medical and dental offices and laboratories | P | P | P | ||||||
Medical treatment centers | P | P | P | ||||||
Motorcycle sales | P | P | |||||||
Movie theaters | P | P | |||||||
Pawnbrokers | P | ||||||||
Personal services establishments (not otherwise classified) | P | P | |||||||
Professional offices (not otherwise classified) | P | P | P | ||||||
Recreational vehicle sales | S | P | |||||||
Restaurants (no drive-through service) | P | PD | |||||||
Restaurants (with drive-through service) | P | ||||||||
Retail sales (not otherwise classified) | P | P | |||||||
Specialty food and beverage stores | P | P | |||||||
Tire sales, retail (no outside storage) | P | P | |||||||
Tattoo and body piercing establishment | SD | ||||||||
Truck stops | SD | P | |||||||
Vending stations, unmanned | PD | ||||||||
Veterinary services (domestic animals) | S | P | P | ||||||
Governmental, Educational and Institutional Uses | |||||||||
Ambulance/EMS stations | P | SD | SD | P | P | P | P | ||
Assisted living/nursing facilities | PD | PD | P | P | S | ||||
Amphitheaters | P | P | |||||||
Auditoriums | P | P | P | ||||||
Cemeteries | P | P | P | P | P | ||||
Churches/religious institutions | P | PD | PD | P | P | P | |||
Civic or fraternal organizations | S | P | P | P | |||||
Colleges and universities | P | ||||||||
Conference and event centers | P | ||||||||
Day care centers, adult (29 or less) | PD | PD | P | S | |||||
Day care centers, adult (30 or more) | S | S | |||||||
Day care centers, child (29 or less) | PD | PD | P | S | |||||
Day care centers, child (30 or more) | SD | SD | P | S | |||||
Fire stations | P | SD | SD | P | P | P | P | ||
Government offices and facilities | SD | SD | P | P | P | P | |||
Hospitals | P | P | |||||||
Libraries | SD | SD | P | P | P | ||||
Museums | P | P | P | ||||||
Police stations | P | P | |||||||
Post offices | SD | SD | P | P | P | ||||
School, dance academy, art | PD | PD | P | P | P | ||||
School, elementary | S | PD | PD | P | |||||
School, middle high | S | PD | P | ||||||
School, senior high | S | PD | P | ||||||
School, trade or vocational | P | P | P | ||||||
Industrial and Manufacturing Uses | |||||||||
Agricultural supply and equipment manufacturing | P | ||||||||
Apparel manufacturing | S | ||||||||
Athletic and sporting equipment assembly | P | ||||||||
Bookbinding | P | ||||||||
Computer and electronics assembly | P | ||||||||
Drug and pharmaceutical manufacturing | P | ||||||||
Electrical equipment and machinery assembly | P | ||||||||
Engineering, scientific and research instrument assembly | P | ||||||||
Industrial laundry services | S | ||||||||
Industrial research, development and testing services | P | ||||||||
Light industrial and manufacturing uses (not otherwise classified) | S | ||||||||
Metal fabrication and welding, light | S | ||||||||
Office supply and equipment assembly | P | ||||||||
Optical equipment manufacturing | P | ||||||||
Plastic forming, pressing and assembly | S | ||||||||
Printing and publishing | P | ||||||||
Sign manufacturing | P | ||||||||
Surgical, medical and dental equipment manufacturing | P | ||||||||
Recreational Uses | |||||||||
Commercial recreation, indoor | P | P | |||||||
Commercial recreation, outdoor | P | P | S | ||||||
Country club | SD | SD | |||||||
Golf course | S | S | |||||||
Golf driving range | SD | SD | |||||||
Horse stables/riding academies | P | ||||||||
Public park | P | P | P | P | P | P | |||
Public recreation facility, indoor | P | P | P | ||||||
Public recreation facility, outdoor | P | P | P | P | |||||
Shooting range, indoor | SD | SD | |||||||
Shooting range, outdoor | SD | SD | |||||||
Residential Uses | |||||||||
Boarding and rooming houses | SD | SD | |||||||
Dwelling, single-family detached | P | P | P | P | P | P | |||
Dwelling, duplex | P | P | P | P | P | ||||
Dwelling, multi-family | PD | PD | PD | PD | |||||
Dwelling, townhouse | PD | PD | PD | PD | PD | ||||
Dwelling, live/work | PD | PD | PD | PD | PD | PD | |||
Dwelling, upper story loft | P | P | P | ||||||
Dwelling, manufactured home, Class A (see “Overlay District”) | |||||||||
Family care home | PD | PD | PD | PD | PD | PD | |||
Group care facility | SD | SD | |||||||
Manufactured home park | SD | ||||||||
Temporary Uses | |||||||||
Carnivals, circuses and fairs | PD | PD | PD | ||||||
Flea markets and swap meets | SD | S | |||||||
Livestock | PD | ||||||||
Portable self storage containers | PD | PD | PD | PD | |||||
Religious events | P | P | P | P | P | P | P | P | |
Seasonal sales (Christmas trees, pumpkins and the like) | PD | PD | P | P | |||||
Temporary construction trailers | PD | PD | PD | PD | PD | PD | PD | PD | |
Yard sales (2 per year) | P | P | P | P | P | P | P | P | |
Transportation, Warehousing and Utility Uses | |||||||||
Bulk mail or parcel handling facilities | P | ||||||||
Communication lines and exchanges | P | S | S | P | P | P | P | ||
Moving and storage services | P | ||||||||
Public utility lines, pump stations, towers and related equipment | P | P | P | P | P | P | P | ||
Sewage treatment plants | P | ||||||||
Self-storage facilities | SD | P | |||||||
Truck and freight terminals | P | ||||||||
Utility equipment and storage yards | P | ||||||||
Warehouses and distribution centers | P | ||||||||
Water treatment plants | P | ||||||||
Wireless telecommunications facilities (including small/micro antennas/equipment) | PD | PD | PD | PD | PD | PD | |||
Wholesale Uses | |||||||||
Wholesale agricultural chemical, pesticide and fertilizer sales | SD | S | |||||||
Wholesale agricultural supply sales | SD | P | |||||||
Wholesale agricultural product sales | SD | P | |||||||
Wholesale bottled gas sales | S | ||||||||
Wholesale chemical and allied product sales | S | ||||||||
Wholesale petroleum and petroleum product sales | S | ||||||||
Wholesale scrap and waste material sales | S | ||||||||
Wholesale uses (not otherwise classified) | P | ||||||||
(Ord. passed 3-5-2018)
(A) Where required. These requirements shall apply to accessory dwelling units in the AG, R-3, R-10, R-15, OI, CB and GC Districts.
(B) General provisions. The following requirements shall apply to all accessory dwelling units, whether attached or detached.
(1) Design standards.
(a) No more than one accessory dwelling unit is permitted on the same zone lot with a principal dwelling unit.
(b) The accessory dwelling unit and principal dwelling unit shall have the same address and use the same mailbox.
(c) Accessory dwelling units are only allowed on lots containing a detached single-family dwelling.
(d) Accessory dwelling units shall not be subdivided or otherwise segregated in ownership from that of the primary residence.
(e) The accessory dwelling unit shall have a maximum of two bedrooms.
(f) The accessory dwelling unit shall be designed to maintain the architectural design, style, appearance and character of the principal residence. The accessory dwelling unit shall incorporate design elements of the principal residence by using similar and compatible materials, facade treatment, colors, window style/treatment and roof design and pitch.
(2) Dimensional requirements.
(a) The principal residence must be located on a lot that meets the minimum area requirements of the zoning district.
(b) Accessory dwelling units shall be located at least 20 feet from any other structure on the lot.
(c) Accessory dwelling units may not encroach into any required setback area.
(3) Utilities and access.
(a) Accessory dwelling units shall be served by the same utilities, such as public water and sewer service as the principal dwelling on the lot.
(b) Accessory dwelling units shall be served by the same driveway access as the principal dwelling.
(4) Other standards. Accessory dwelling units shall not exceed 50% of the gross floor area of the principal dwelling. In no case shall an attached accessory dwelling unit exceed 600 square feet of gross floor area, nor shall a detached accessory dwelling unit exceed 1,000 square feet of gross floor area.
(Ord. passed 3-5-2018)
(A) Where required. These requirements shall apply to adult entertainment establishments in the I District.
(B) Separation requirements.
(1) No adult entertainment establishment may be located within 1,000 feet of any other adult entertainment establishment.
(2) No adult entertainment establishment shall be located within 500 feet of any religious institution, school, residence, public park or child day care center.
(C) Maximum area. No adult entertainment establishment shall exceed 3,000 square feet of gross floor area.
(D) Prohibition of sleeping quarters. No adult entertainment establishment shall have sleeping quarters for employees or patrons.
(Ord. passed 3-5-2018) Penalty, see § 152.999
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