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(A) (1) The Table of Permissible Uses (§ 153.080) classifies different principal uses according to their different impacts. Whenever two activities or uses occur on the same lot and one use constitutes only an incidental or insubstantial part of the total activity that takes place on a lot; or is commonly associated with the principal use and integrally related to it, then that use which meets the criteria enumerated in divisions (B)(1) and (B)(2) below may be regarded as accessory to the principal use and may be carried on underneath the umbrella of the permit issued for the principal use; provided that the accessory use is of equal or lesser zoning classification.
(2) For example, a swimming pool/tennis court complex is customarily associated with and integrally related to a residential subdivision or multi-family development and would be regarded as accessory to such principal uses, even though such facilities, if developed apart from a residential development, would require a special use permit.
(B) For purposes of interpreting division (A) above:
(1) A use may be regarded as incidental or insubstantial if it is incidental or insubstantial in and of itself or in relation to the principal use; and
(2) To be "commonly associated" with a principal use means that the association of the accessory use with such principal use takes place with sufficient frequency to establish a common acceptance of their relatedness.
(C) Without limiting the generality of divisions (A) and (B) above, the following activities are specifically regarded as accessory to residential principal uses so long as they satisfy the general criteria set forth above:
(1) Hobbies or recreational activities of a non-commercial nature; except that, the repair of automobiles owned by persons who do not reside on the premises, is prohibited;
(2) The renting out of one room within a single-family residence (which one room does not in itself constitute a separate dwelling unit) to not more than one person who is not part of the family that resides in the single-family dwelling; and
(3) Yard sales or garage sales, so long as such sales are not conducted on the same lot for more than three days (whether consecutive or not) during any 90-day period.
(D) Without limiting the generality of divisions (A) and (B) above, the following activities shall not be regarded as accessory to a residential principal use and are prohibited in residential districts:
(1) Parking outside a substantially enclosed structure of more than four motor vehicles between the front building line of the principal building and the street on any lot used for purposes that fall within the principal use of a residence (single- or multi-family); and
(2) Parking and storage outside a substantially enclosed structure of any motor home boat or other recreational vehicle between the front building line of the principal building and the street on which the lot fronts. The prohibited vehicles include trailers and commercial vehicles. As used herein, the term "commercial vehicles" does not include pick-up trucks.
(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)
Notwithstanding any other provisions of this chapter, no zoning or special use permit is necessary for the following uses (except when located in overlay districts where certain design guidelines must be met):
(A) Streets and street signs;
(B) Electric power, telephone, telegraph, cable television, gas, water and sewer lines, wires or pipes, together with supporting poles or structures, located within a public right-of-way; and
(C) Neighborhood utility facilities may be located within public right-of-way with the permission of the owner (state or town) of the right-of-way.
(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)
(A) (1)
A substantial change in use of property occurs whenever the essential character or nature of the activity conducted on a lot changes.
(2) This occurs whenever:
(a) The change involves a change from one principal use category to another;
(b) If the original use is a combination use (§ 153.088) or planned unit development (§ 153.089), the relative proportion of space devoted to the individual principal uses that comprise the combination use or planned unit development use changes to such an extent that the parking requirements for the overall use are altered;
(c) If the original use is a combination use or planned unit development use, the mixture of types of individual principal uses that comprise the combination use or planned unit development use changes; and
(d) If there is only one business or enterprise conducted on the lot (regardless of whether that business or enterprise consists of one individual principal use or a combination use), that business or enterprise moves out, and a different type of enterprise moves in, and is found under the same principal use or combination use category as the previous type of business. For example, if there is only one building on a lot and a florist shop that is the sole tenant of the building moves out and is replaced by a clothing store that constitutes a change in use even though both tenants fall within the scope of general retail. However, if the florist shop were replaced by another florist shop, that would not constitute a change in use since the type of business or enterprise would not have changed. Moreover, if the florist shop moved out of a rented space in a shopping center and was replaced by a clothing store, that would not constitute a change in use since there is more than one business on the lot and the essential character of the activity conducted on that lot (shopping center - combination use) has not changed.
(B) A mere change in the status of property from unoccupied to occupied or vice versa does not constitute a change in use. Whether a change in use occurs shall be determined by comparing the two active uses of the property without regard to any intervening period during which the property may have been unoccupied, unless the property has remained unoccupied for more than 180 continuous days or there has been no affirmative attempt or expressed intention on the part of the property owner to rent, sell or use the property.
(C) A mere change in ownership of a business or enterprise shall not be regarded as a change in use.
(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)
(A)
When a combination use comprises two or more principal uses that require different types of permits (zoning or special use), then the permit authorizing the combination use shall be:
(1) A special use permit if any of the principal uses combined requires a special use permit; and
(2) A zoning permit in all other cases.
(B) Subject to division (C) below, when a combination use consists of a residential subdivision and a multi-family development, the total density permissible on the lot shall be determined by having the developer indicate on the plans the portion of the total lot that will be developed for each purpose and calculating the density for each portion as if it were a separate lot.
(a) A combination use consists of a standard residential subdivision and a multi-family development; and
(b) The subdivided portion of the tract contains lots that exceed the minimum lot size requirements set forth in § 153.136, but that do not exceed an average of 20,000 square feet, then the density of the portion of the tract developed for multi-family purposes may be increased beyond the permissible density calculated in accordance with division (B) below.
(2) The increase in density shall be determined as follows:
(a) The minimum lot size requirement for the applicable zoning district shall be subtracted from each lot that exceeds the minimum lot size, and the remainders totaled.
(b) The sum derived from the calculation in division (C)(1)(a) above shall be divided by the minimum lot size requirement. Fractions shall be rounded to the nearest whole number.
(c) The product of the calculation in division (C)(1)(b) above shall yield the number of additional multi-family dwelling units that may be located within the portion of the tract developed for multi-family purposes.
(D) When a residential use is combined with a non-residential use in a commercial district, the lot used for the residential use must have at least the minimum square footage required for the residential use alone.
(E) When two principal uses are combined, the total amount of parking required for the combination use shall be determined by calculating the amount of parking required for each individual principal use according to the relative amount of space occupied by that use.
(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)
(A)
In a planned unit development, the developer may make use of the land for any purpose authorized in the particular PUD in which the land is located, subject to the provisions of this chapter. Section 153.054 describes the various types of PUDs.
(B) Within any tract in a residential zoning district developed as a residential/commercial PUD, not more than 10% of the total tract area may be developed for purposes that are permissible only in a commercial zoning district. Likewise, within any tract in a commercial zoning district developed as a commercial/industrial PUD, not more than 10% of the total tract area may be developed for purposes that are permissible in an I-1 Zoning District.
(C) The plans for the proposed planned unit development shall indicate the particular portions of the tract that the developer intends to develop for purposes permissible in a residential district (as applicable), purposes permissible in a commercial district (as applicable), and purposes permissible only in an industrial district (as applicable). For purposes of determining the substantive regulations that apply to the planned unit development, each portion of the tract so designated shall then be treated as if it were a separate district, zoned to permit, respectively, residential, commercial or industrial uses. However, only one permit (a planned unit development permit) shall be issued for the entire development. Said permit may be issued by the Zoning Administrator following subdivision general plan approval.
(D) The non-residential portions of any planned unit development may not be occupied until all of the residential portions of the development are completed or their completion is assured by any of the mechanisms provided in §§ 153.340 through 153.363 to guarantee completion. The purpose and intent of this provision is to ensure that the planned unit development procedure is not used, intentionally or unintentionally, to create non-residential uses in areas generally zoned for residential uses except as part of an integrated and well-planned, primarily residential, development.
(E) The submission and approval of any PUD as defined and authorized in § 153.054 shall follow the same submission procedures as a major subdivision as regulated in the subdivision regulations of the town. The adoption of any PUD defined and authorized by § 153.054 is considered an amendment to this chapter and shall follow the requirements set forth in §§ 153.435 through 153.441.
(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)
Whenever a development could fall within more than one use classification in the Table of Permissible Uses (§ 153.080), the classification that most closely and most specifically describes the development controls. For example, a small doctor's office or clinic clearly falls within the 3.110 classification (office and service operations conducted entirely indoors and designed to attract customers or clients to the premises). However, classification 3.130 (physicians and dentist offices and clinics occupying not more than 10,000 square feet of gross floor area) more specifically covers this use and therefore is controlling.
(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)
(A) Encroachments permitted into required yard setbacks.
(1) Interior lots. Carports, porches, decks, canopies, stairways, completely open (except for reasonable supports) may encroach into required side and rear yards by 50%.
(2) Corner lots. Carports, porches, decks, canopies, stairways, completely open (except for reasonable supports) may encroach by 75% into any yard other than the right-of-way yard setback.
(3) Handicap ramps. Handicap ramps may encroach into the required front, side and/or rear setbacks by 50%. Where no other practical alternative is available, encroachments greater than 50% may be allowed by the Zoning Administrator when an existing development has insufficient land available, an unsafe condition would be created or other extenuating circumstances exist. Whenever flexibility is granted, the reasons for granting the flexibility shall be documented. In addition, the owner of the property shall provide a written statement agreeing to remove the ramp once the person with disabilities no longer needs the ramp.
(4) Definition. In defining carports, three sides must be left open; decorative walls, planters, shrubbery or other obstructions are permitted as part of the carport or adjacent to the carport as long as it does not exceed three feet in height and a minimum of 50% of the area is unobstructed.
(B) Recreational vehicles. Recreational vehicles may be stored on any lot in any residential zoning district; provided, they are not stored in the required setback for front yards. Recreational vehicles, while being stored in this area, cannot be used for sleeping, utility, office, material storage and the like.
(C) Impeding vision. On a corner lot in any residential district, nothing shall be erected, placed, planted or allowed to grow in such a manner as materially to impede vision between a height of three and ten feet above the centerline grades of the intersection streets; and in the area bounded by the centerlines of intersecting streets and a line joining points along said centerlines 80 feet from the point of the intersection.
(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)
(A)
In the interest of public safety and particularly the safety of children, all outdoor swimming pools in the town having a depth of water of 18 inches or greater at its deepest point shall be completely surrounded by a fence or wall not less than four feet in height. Such wall shall be so constructed as not to have any openings larger than six inches in height, except where width is five inches or less, the height may extend full height of fence or wall. If a picket fence is erected, the width between pickets shall not exceed five inches. A fence or wall may be made of any material, wood, metal, wire, masonry, concrete, tile and plastic material, or any combination of these or other suitable materials if the openings in the fences do not exceed the maximum width described above. A dwelling house or accessory building may be used as part of such enclosure. All gates or doors opening through such fence or wall shall have self-closing and self-latching devices for keeping the gate or door closed at all times when not in actual use; except that, the door of dwelling which furnished part of the enclosure need not be so equipped.
(B) The Zoning Administrator may make modifications with respect to the height, nature or location of the fence, wall, gates or latches, in individual cases, upon a showing of good cause provided the protection as sought hereunder is not reduced thereby. The Zoning Administrator may permit other protective devices or structures to be used so long as the degree of protection afforded by the substitute devices or structures is not less than the protection afforded by the wall, fence, gate and latch described herein.
(C) Any pool that is not in use for more than 30 days shall either be drained or covered.
(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)
The height limitations contained in the dimensional requirements by districts do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys or other appurtenances usually required to be placed above the roof level and not intended for human occupancy.
(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)
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