Section
General Provisions
152.001 Short title and effective date
152.002 Authority
152.003 Jurisdiction
152.004 Relationship to existing ordinances and land development plan
152.005 Conformity required
152.006 Fees
152.007 Rules of construction
152.008 Definitions
152.009 Lots divided by district lines
Administrative Mechanisms
152.020 Planning Board
152.021 Advisory committees
152.022 Board of Adjustment
152.023 Land Use Administrator
152.024 Planning Director
152.025 Board of Commissioners
Zoning, Special Use, and Conditional Use Permits
152.040 Permits required
152.041 No occupancy, use, or sale of lots until requirements fulfilled
152.042 Who may submit permit applications
152.043 Applications to be complete
152.044 Staff consultation before formal application
152.045 Staff consultation after application submitted
152.046 Zoning permits
152.047 Authorizing use or occupancy before completion of development
152.048 Special use permits and conditional use permits
152.049 Burden of presenting evidence and persuasion
152.050 Recommendations on special use permit applications
152.051 Planning Board and planning staff recommendations on conditional use permit applications
152.052 Board of Commissioners action on conditional use permits
152.053 Board of Adjustment action on special use permits
152.054 Additional requirements for special use permits and conditional use permits
152.055 Authorizing use, occupancy, or sale before completion of development under special use permits or conditional use permits
152.056 Completing developments in phases
152.057 Expiration of permits
152.058 Effect of permits on successors and assigns
152.059 Amendments to and modifications of permits
152.060 Reconsideration of Board action
152.061 Applications to be processed expeditiously
152.062 Maintenance of common areas, improvements, and facilities
Information Required with Applications
152.075 General
152.076 Written application
152.077 Development site plans
152.078 Graphic materials required for plans
152.079 Existing natural, human-made, and legal features
152.080 Proposed changes in existing features or new features
152.081 Documents and written information in addition to plans
152.082 Number of copies of plans and documents
Major and Minor Subdivisions
152.095 Regulation of subdivisions
152.096 No subdivision without plat approval
152.097 Minor subdivision approval process
152.098 Major subdivision approval process
152.099 Endorsements on major subdivision plats
152.100 Plat approval not acceptance of dedication offers
152.101 Protection against defects
152.102 Maintenance of dedicated areas until acceptance
Appeals, Variances, Special Exceptions, and Interpretations
152.115 Appeals
152.116 Variances
152.117 Special exception permits
152.118 Interpretations
152.119 Requests to be heard expeditiously
152.120 Board action regarding appeals and variances
Hearing Procedures for Appeals and Applications
152.135 Hearing required for appeals and applications
152.136 Notice of hearing
152.137 Evidence
152.138 Modification of application at hearing
152.139 Record
152.140 Written decision
152.141 Burden of proof
Enforcement and Review
152.155 Complaints regarding violations
152.156 Persons liable
152.157 Procedures upon discovery of violations
152.158 Permit revocation
152.159 Judicial review
Nonconforming Situations
152.170 Definitions
152.171 Continuation of nonconforming situations and completion of nonconforming projects
152.172 Nonconforming lots
152.173 Extension or enlargement of nonconforming situations
152.174 Repair, maintenance, and reconstruction
152.175 Change in use of property where a nonconforming situation exists
152.176 Abandonment and discontinuance of nonconforming situations
152.177 Completion of nonconforming projects
152.178 Authorization of nonconforming projects
152.179 Vested rights, site specific development plan
152.180 Vested rights upon issuance of building permits
152.181 Nonconforming signs
152.182 Nonconforming mobile home communities
Zoning Districts and Map
152.195 Residential Districts established
152.196 Commercial Districts established
152.197 Park District established
152.198 Floodplain and Floodway Districts
152.199 Agricultural-Residential District established
152.200 Water Supply Watershed Protection Overlay District
152.201 Official zoning map
152.202 Amendments to official zoning map
Permissible Uses
152.215 Table of permissible uses
152.216 Use of designations P, S, and C in the table of permissible uses
152.217 Board of Adjustment jurisdiction over uses otherwise permissible with a zoning permit
152.218 Permissible uses and specific exclusions
152.219 Accessory uses
152.220 Permissible uses not requiring permits
152.221 Change in use
152.222 Developments in the GB zoning district
152.223 Combination uses
152.224 More specific use controls
Supplementary Use Regulations
152.235 Manufactured home parks
152.236 Temporary emergency, construction, or repair residences
152.237 Special events
152.238 Gasoline service or filling stations
152.239 Junk yards
152.240 Temporary seasonal businesses
152.241 Kennels and pet shops
152.242 Class I kennels
152.243 Class II kennels
152.244 Pet shops
152.245 Communication towers
152.246 Sexually-oriented businesses
152.247 Horse farms
152.248 Electronic gaming operations
Industrial Manufacturing and Processing Performance Standards
152.260 Smoke
152.261 Noise
152.262 Electrical disturbance or interference
152.263 Odor
152.264 Air pollution
152.265 Disposal of liquid wastes
Density and Dimensional Regulations and Architectural Standards
152.280 Minimum lot size
152.281 Residential density
152.282 Minimum lot widths
152.283 Building setback requirements
152.284 Accessory building setback requirements
152.285 Building height limitations
152.286 Cluster subdivisions
152.287 Architecturally integrated subdivisions
152.288 Density on lots where portion dedicated to town
152.289 Fences and walls
Recreational Facilities and Open Space
152.300 Miniparks required
152.301 Miniparks, purpose and standards
152.302 Usable open space
152.303 Ownership and maintenance of recreational areas and open space
152.304 Dedication of open space
152.305 Homeowners’ associations
152.306 Flexibility in administration authorized
152.307 Payment in-lieu fees
Streets and Sidewalks
152.320 Street classification
152.321 Access to lots
152.322 Access to arterial streets
152.323 Entrances to streets
152.324 Coordination with surrounding streets
152.325 Relationship of streets to topography
152.326 Street width, sidewalk, and drainage requirements in subdivisions
152.327 General layout of streets
152.328 Street intersections
152.329 Construction standards and specifications
152.330 Public streets and private roads in subdivisions
152.331 Road and sidewalk requirements in unsubdivided developments
152.332 Attention to disabled in street and sidewalk construction
152.333 Street names and house numbers
152.334 Bridges
152.335 Utilities
152.336 Specifications for driveway entrances
Specifications for Street Design and Construction
152.350 Design speed, sight distance, centerline radius
152.351 Cut and fill slopes
152.352 Sight distances at intersections
152.353 Radius at street intersections
152.354 Clearing and grubbing
152.355 Grading and compacting
152.356 Street base
152.357 Street surfaces
152.358 Pavement section variations
152.359 Street cross-sections
152.360 Curb and gutter
152.361 Sidewalks
152.362 Wheelchair ramps
152.363 Stormwater runoff control
152.364 Sedimentation control
152.365 Entrances onto streets
Utilities
152.380 Utility ownership and easement rights
152.381 Lots served by town/county/MOWASA owned water and sewer lines
152.382 Sewage disposal facilities required
152.384 Water supply systems required
152.386 Lighting requirements
152.387 Excessive illumination
152.388 Electric power
152.389 Telephone service
152.390 Underground utilities
152.391 Utilities to be consistent with internal and external development
152.392 As-build drawings required
152.393 Fire hydrants
152.394 Sites for and screening of dumpsters
Floodways, Floodplains, Drainage, and Erosion
152.405 Statutory authorization, findings of fact, purpose, and objectives
152.406 Definitions
152.407 General provisions
152.408 Administration
152.409 Provisions for flood hazard reduction
152.410 Legal status provisions
152.411 Special provisions for subdivisions
152.412 Water supply and sanitary sewer systems in floodways and floodplains
152.413 Setbacks from streams outside designated floodplains
152.414 Natural drainage system utilized to extent feasible
152.415 Developments must drain properly
152.416 Stormwater management
152.417 Sedimentation and erosion control
Signs
152.430 Definitions
152.431 Permit required for signs
152.432 Signs excluded from regulation
152.433 Certain temporary signs: permit exemptions and additional regulations
152.434 Determining the number of signs
152.435 Computation of sign area
152.436 Total sign surface area
152.437 Freestanding sign surface area
152.438 Number of freestanding signs
152.439 Subdivision and multifamily development entrance signs
152.440 Location and height requirements
152.441 Sign illumination and signs containing lights
152.442 Miscellaneous restrictions and prohibitions
152.443 Maintenance of signs
152.444 Unlawful cutting of trees or shrubs
152.445 Nonconforming signs
152.446 Amortization of nonconforming signs
Parking
152.460 Definitions
152.461 Number of parking spaces required, parking requirement chart
152.462 Flexibility in administration required
152.463 Parking space dimensions
152.464 Required widths of parking are aisles and driveways
152.465 General design requirements
152.466 Vehicle accommodation area surfaces
152.467 Joint use of required parking spaces
152.468 Satellite parking
152.469 Special provisions for lots with existing buildings
152.470 Loading and unloading areas
152.471 Curb and gutter required for parking areas for new commercial development
Screening and Shading
152.485 Board of Commissioners’ findings concerning need for screening requirements
152.486 General screening standard
152.4687 Compliance with screening standard
152.488 Descriptions of screens
152.489 Table of screening requirements
152.490 Flexibility in administration required
152.491 Combination uses
152.492 Subdivisions
152.493 Board of Commissioners’ findings and declaration of policy on shade trees
152.494 Required trees along dedicated streets
152.495 Retention and protection of large trees
152.496 Shade trees in parking areas
152.497 New construction landscape requirements
Guide for Landscaping
152.510 Guide for protecting existing trees
152.511 Standard for street and parking lot trees
152.512 Formula for calculating shading
152.513 Guide for planting trees
152.514 Guide for planting shrubs
152.515 List of examples of trees and shrubs
152.516 Small trees for partial screening
152.517 Large trees for evergreen screening
152.518 Large trees for shading
152.519 Small shrubs for evergreen screening
152.520 Large shrubs for evergreen screening
152.521 Assorted shrubs for broken screens
152.522 Size at time of planting
152.523 New construction landscaping requirements
Sexually-Oriented Businesses
152.535 Purpose
152.536 Definitions
152.537 Classification
152.538 Conditional use permit required
152.539 Location of sexually-oriented businesses
152.540 Inspection
152.541 Additional regulations for adult motels
152.542 Exhibition regulations
152.543 Additional regulations for escort agencies
152.544 Additional regulations for nude model studios
152.545 Additional regulations concerning public nudity
152.546 Prohibition against children in a sexually-oriented business
152.547 Hours of operation
152.548 Exemptions
152.549 Injunction
Amendments
152.560 Amendments in general
152.561 Initiation of amendments
152.562 Planning Board consideration of proposed amendments
152.563 Hearing required; notice
152.564 Board of Commissioners action on amendments
152.565 Ultimate issue before Board of Commissioners on amendments
152.566 Protests to zoning district changes
Conditional Use District Rezoning
152.580 Application procedures
152.581 Site plan required
152.582 Planning Board review
152.583 Action by Board of Commissioners
152.584 Effect of approval
152.585 Changes in use
152.586 Revocation of conditional use permit
152.999 Penalty