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§ 153.022  BUSINESS ZONE.
   Within the Business Zone, as indicated on the zoning map, no lot, building or structure shall be used and no building or structure shall be erected which is intended or designed for any other than one or more of the following specified purposes.
   (A)   Uses permitted.
      (1)   Any use permitted in the R8 and R6 Residential Zones;
      (2)   Offices, restaurants, banks, theaters, retail stores and retail stores conducting incidental and secondary wholesale departments;
      (3)   Public buildings or other public use and public utility uses;
      (4)   Signs constructed and placed in accordance with the ordinances of the town;
      (5)   Newspaper or printing plants, radio and television stations;
      (6)   Dry-cleaning and pressing plants, laundries;
      (7)   Freezer lockers, cold storage plants, produce markets;
      (8)   Billiard or pool rooms, bowling alleys, dance halls and other forms of public amusements;
      (9)   Wholesale and storage warehouses and building materials supply and sales warehouses or yards necessarily incidental to a permitted use in this zone;
      (10)   Automobile, truck, tractor and implement sales and service. Automobile repair garages and parking lots;
      (11)   Taxicab, bus and motor freight terminals;
      (12)   Hotels, motels, tourist homes;
      (13)   Accessory buildings and uses customarily and necessarily incident to the above specified uses; and
      (14)   In general, business not creating or likely to create either smoke, odor, gas, dust, noise or vibration harmful to abutting property in this zone.
   (B)   Area and yard regulations.
      (1)   Buildings erected in the Business Zone for dwelling purposes exclusively shall comply with the requirements of the R6 Residential Zone.
      (2)   Where a building is erected for mixed use, namely, for both dwelling and business purposes, each story of such building used in any part for dwelling purposes shall, be more than two rooms in depth, be provided with two side yards, one on each side of the building, neither of which shall be less than six feet in width; provided, however, that this regulation shall not apply to the street side of a corner lot.
      (3)   Where a lot abuts upon the side of a lot zoned residential, there shall be a side yard of not less than ten feet in width.
(1993 Code, § 91.022)  (Ord. passed 4-6-1981)  Penalty, see § 153.999
§ 153.023  INDUSTRIAL ZONE.
   (A)   Industrial zone. In the Industrial Zone, any building or land may be used for any purpose not in conflict with any ordinance within the town, except that no mobile home shall be located in the Industrial Zone and used as a residence, nor shall any building or occupancy permit be issued for any of the following uses until and unless the location of such use shall have been approved by the Board of Adjustment:
      (1)   Acid manufacture;
      (2)   Cement, lime, gypsum or plaster of paris manufacture;
      (3)   Distillation of bones;
      (4)   Used car junk yard;
      (5)   Explosives, manufacture or storage;
      (6)   Fat rendering;
      (7)   Garbage, offal, dead animal reduction or dumping;
      (8)   Gas manufacture;
      (9)   Glue manufacture;
      (10)   Stock yards or slaughter of animals;
      (11)   Tannery;
      (12)   Pulp manufacture; and
      (13)   Any other similar operation which may be declared objectionable by the Board of Adjustment.
   (B)   Area and yard requirement.
      (1)   Buildings erected in the Industrial Zone for dwelling purposes exclusively shall comply with the requirements of the R6 Residential Zone.
      (2)   Where a building is erected for mixed use, namely, for both dwelling and business purposes, each story of such building used in any part for dwelling purposes shall, be more than two rooms in depth, be provided with two side yard, one on each side of the building, neither of which shall be less than six feet in width; provided, however, that this regulations shall not apply to the street side of a corner lot.
      (3)   Where a lot abuts upon the side of a lot zoned residential, there shall be a side yard of not less than ten feet in width.
(1993 Code, § 91.023)  (Ord. passed 4-6-1981)  Penalty, see § 153.999
GENERAL REQUIREMENTS
§ 153.035  HEIGHT AND AREA EXCEPTIONS AND SUPPLEMENTS.
   The following requirements or regulations qualify or supplement, as the case may be, the zone regulations or requirements appearing elsewhere in this chapter.
   (A)   Public or semi-public buildings,  hospitals,  sanatoriums, schools and churches or temples, where permitted in a zone, may be erected to a height not exceeding 96 feet.
   (B)   Chimneys, water tanks or towers, elevator bulkheads, stacks ornamental towers or spires, wireless or broadcasting towers, or monuments, cupolas, domes, false mansards, parapet walls, similar structures and necessary mechanical appurtenances may be erected to a height in accordance with existing or hereafter adopted ordinances.
   (C)   Every part of a required yard shall be open from its lowest point to the sky unobstructed, except for the ordinary protection of sills, belt courses, cornices, buttresses ornamental features and eaves; provided, however, that none of the above projections shall project into a minimum side yard more than 24 inches.
   (D)   Open or enclosed fire escapes, outside stairways, balconies and other necessary unenclosed projections, projecting into a minimum yard or court not more than 50% of the required side yard and the ordinary projections of chimneys and flues may be permitted by the Building Inspector where same are so placed as not to obstruct the light and ventilation.
   (E)   Municipally owned and operated public utility uses including water distribution uses and electric power transmission lines and transformer stations may be located in a residential zone.  Such uses shall  not  include repair or storage  facilities  for supplies or equipment.
(1993 Code, § 91.035)  (Ord. passed 4-6-1981)
§ 153.036  NONCONFORMING USES.
   (A)   Within the zones established by this chapter there may exist buildings, land, uses and farming practices which were lawful before this chapter was adopted but which would be prohibited or restricted under the terms of this chapter.  It is the intent of this chapter to permit these nonconforming uses and practices to continue until they are removed or changed in any way.
   (B)   All  farming  or  agricultural  practices  or  procedures, including livestock operations, in effect at the time of adoption may continue as nonconforming uses, if they are prohibited under the terms of this chapter, but those practices or procedures may not be changed or increased in scope or extent unless in conformity with this chapter.
   (C)   The lawful use of a “building” existing at the time of the passage of this chapter shall not be affected by this chapter, although such use does not conform to the provisions of this chapter; and such use may be extended throughout the building provided no structural alterations, except those required by law or ordinance or ordered by an authorized officer to secure the safety of the building are made therein, but no such use shall be extended to occupy any land outside such building. If such nonconforming building is removed or the nonconforming use of such building is discontinued for a continuous period exceeding 180 days, every future use of such premises shall be in conformity with the provisions of this chapter.
   (D)   The lawful use of “land” existing at the time of the passage of this chapter, although such use does not conform to the provisions of this chapter, shall not be affected by this chapter; provided, however, that no such nonconforming use shall be enlarged or increased, nor shall any nonconforming use be extended to occupy a greater area of land than that occupied by such use at the time of the passage of this chapter.  If such nonconforming use is discontinued for a continuous period exceeding 180 days, any future use of said land shall be in conformity with the provisions of this chapter.
   (E)   A nonconforming use may be changed to a use of the same or higher classification according to the provisions of this chapter. When a zone shall hereafter be changed, any then existing nonconforming use in such changed zone may be continued or changed to a use of a similar or higher classification provided all other regulations governing the new use are complied with. Whenever a nonconforming use of a building has been discontinued or changed to a higher classification or to a conforming use, such use shall not thereafter be changed to a nonconforming use of a lower  classification. The  order of classification of uses from the highest to lowest for the purposes of this section shall be as follows:
      (1)   Residential uses;
      (2)   Business uses; and
      (3)   Industrial uses.
   (F)   Nothing in this chapter shall be construed to prevent the restoration of a building destroyed to the extent of not more than 80% of its replacement value, exclusive of foundations, by fire, explosion or other casualty or act of God or the public enemy, if such building is repaired or rebuilt within one year of the date of such damage but not thereafter.  A building damaged more than 80% of its replacement value shall be rebuilt to conform to this chapter.  This chapter shall not prevent the continued occupancy or use of such building or part thereof which existed at the time of such partial destruction.
(1993 Code, § 91.036)  (Ord. passed 4-6-1981)
§ 153.037  STREAM BUFFER AREAS REQUIRED.
   (A)   Stream buffer. A minimum of 60-foot vegetative buffer is required along all perennial surface waters indicated on the most recent versions of USGS 1:24,000 (7.5 minute) scale topographical maps. A Town representative shall be responsible for determination if surface waters are perennial or intermittent. Desirable artificial stream bank or shoreland stabilization is permitted.
   (B)   Development in buffers. No new development shall be allowed in the buffer, except water dependent structures and public projects such as road crossings, utility extensions and greenways where no practical alternative exists. These activities should minimize built-upon surface area, direct runoff away from the surface water and maximize the utilization of stormwater best management practices (BMPs).
   (C)   Effective date. This section shall become effective on the date of adoption.
(Res. passed 4-30-2001)
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