§ 156.216 PROPERTY DEVELOPMENT REGULATIONS.
   (A)   Use.
      (1)   Enclosed operations. All operations, servicing or processing (except storage and off-street loading) shall be conducted within completely enclosed buildings.
      (2)   Outside storage. All outside storage of materials or products shall be:
         (a)   Within completely enclosed buildings; or
         (b)   Effectively screened by a chain link, lattice or similar type fence, with ornamental, non-solid or chain link or similar type entrance and exit gates. (Canvas may be attached to gates for effective screening). The height of said fence shall be at least six feet and shall not exceed eight feet, said fence shall be surrounded by trees or an evergreen hedge of a height not less than the height of said fence. The storage of materials or products within the enclosure may not exceed the height of the fence. Total area of outside storage shall not exceed 25% of the total gross floor area of enclosed structures and buildings.
   (B)   Required front yard, minimum setback. A front yard, having at least 75 feet width of frontage on a public street and having a minimum depth in accordance with the following setback requirements, shall be provided along the street right-of-way line. No part of any structure (excluding an eave or cornice overhang not exceeding four feet or a canopy at an entrance) shall be built closer to the centerline of a right-of-way of the following streets (as designated on the Comprehensive Plan of the town) than:
      (1)   Primary thoroughfare: 105 feet;
      (2)   Secondary thoroughfare: 95 feet; or
      (3)   Closer to the right-of-way line of all other streets (including, but not limited to, collector streets, local streets, cul-de-sacs and marginal access streets) than 50 feet; and
      (4)   Frontage roads shall be considered collector streets, requiring a front setback of 50 feet from the right-of-way of such frontage road unless such frontage road is designated otherwise on the official Comprehensive Plan of the town, or on the recorded plat thereof as required by Ch. 155 of this code of ordinances.
   (C)   Required corner side yard, minimum setback. In any case where the side lot line abuts a street right-of-way line, there shall be provided a corner side yard in which the setback of any structure shall comply with the minimum front setback requirements of division (B) above, unless subject to the requirement for transitional yards of division (F) below.
   (D)   Required side yards, minimum side setback. A side yard and setback of not less than 30 feet in depth shall be provided along each side lot line; provided, however, if the side lot line abuts a railroad operating right-of-way the building shall be permitted to abut the railroad operating right-of-way unless subject to the requirement for transitional yards of division (F) below.
   (E)   Required rear yard, minimum rear setback. A rear yard and setback of not less than 30 feet in depth shall be provided along the rear lot line; provided, however, if the rear lot line abuts a railroad operating right-of-way, the building shall be permitted to abut the railroad operating right-of-way unless subject to the requirement for transitional yards of division (F) below.
   (F)   Transitional yards; minimum front, side and rear yards and setbacks.
      (1)   Where a front lot line faces a residential district on the opposite side of the street, a front yard and setback shall be provided not less than 100 feet in depth from the front lot line.
      (2)   Where a side lot line abuts a side or rear lot line in an adjacent residential district, a side yard and setback not less than 50 feet in depth shall be provided along such side lot line.
      (3)   Where a rear lot line abuts a side or rear lot line in an adjacent residential district, a rear yard and setback not less than 50 feet in depth shall be provided along such rear lot line; provided, however, additional front, side and/or rear setback distances for transitional yards, as specified in division (I) below, shall be required to permit building heights exceeding 22 feet to a maximum height of 35 feet.
   (G)   Screening and landscaping.
      (1)   Where a side or rear lot line adjoins a residential district, a compact hedge, row of shrubbery or evergreen trees shall be provided along or within 20 feet of such lot line, and not less than six feet in height. Such hedge, shrubbery or row of trees shall extend the full length of said lot line; except that, it shall be omitted between the front lot line and a point five feet greater than the required or established building setback line of the adjacent residential or business district. Any ground area between such hedge, shrubbery or row of trees and the lot line shall be planted in grass and/or shrubbery, maintained in good condition and kept free of litter.
      (2)   Exception: such hedge, row of shrubbery or evergreen trees shall not be required if the entire yard between the lot line and the building is landscaped with grass, trees and shrubbery or hedges. Non-vegetative materials not exceeding 25% of the entire yard area may be used in combination with vegetation and structural or ornamental fixtures.
   (H)   Use of required yards. All required yards shall be planted with grass or landscaped with other suitable ground cover materials, except:
      (1)   Required front yards may include:
         (a)   Pedestrian walks, driveways, entrance guard boxes, flag poles, directional signs and similar appurtenant uses;
         (b)   Off-street parking areas not exceeding 10% of the total area of the required front yard and subject to the off-street parking regulations of §§ 156.315 through 156.322 of this chapter; and
         (c)   Access cuts and drives; provided, they are not located within 20 feet of a lot line abutting a residential district.
      (2)   Required side and rear yards may include:
         (a)   Pedestrian walks driveways, entrance guard boxes, flag poles, directional signs and similar appurtenant uses;
         (b)   Off-street parking, subject to the off-street parking regulations of §§ 156.315 through 156.322 of this chapter; and
         (c)   Access cuts and drives; provided, they are not located within 20 feet of a lot line abutting a residential district.
   (I)   Height of buildings and structures.
      (1)   Maximum vertical height of buildings and structures shall be 35 feet; provided, however, along any required front, side or rear setback line which is adjacent to a residential district, the maximum vertical height shall be:
         (a)   Twenty-two feet; or
         (b)   Thirty-five feet if for each foot of height in excess of 22 feet, to an absolute maximum height of 35 feet, one additional foot setback shall be provided beyond such adjacent required front, side or rear setback line.
      (2)   Height exceptions: the following exceptions to the height regulations shall be permitted:
         (a)   Parapet walls not exceeding two feet in height;
         (b)   Roof structures for the housing of elevators, stairways, air conditioning apparatus, roof water tanks, ventilating fans, sky lights or similar equipment to operate and maintain the building;
         (c)   Chimneys, smokestacks, flag poles, radio and television antennas and other similar structures; and
         (d)   A monitor roof not exceeding 25% of the total horizontal area of the roof.
(2004 Code, § 6-502)