Loading...
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)
SUPPLEMENTARY USE REGULATIONS
(1) The hours of operation allowed shall be compatible with the uses adjacent to the activity;
(2) The amount of noise generated shall not disrupt the activities of adjacent land uses;
(3) The applicants shall guarantee that all litter generated by the special event be removed at no expense to the town; and
(4) The Zoning Administrator shall not grant the permit unless it finds that the parking generated by the event can be accommodated without undue disruption to or interference with the normal flow of traffic or with the right of adjacent and surrounding property owners.
(B) In cases where it is deemed necessary, the Zoning Administrator may require the applicant to post a bond to ensure compliance with the conditions of the zoning permit.
(C) If the permit applicant requests the town to provide extraordinary service or equipment, or if the Town Manager otherwise determines that extraordinary services or equipment should be provided for the public health or safety, the applicant shall be required to pay a fee sufficient to reimburse the town for the costs of these services. This requirement shall not apply if the event has been anticipated in the budget process and sufficient funds have been included in the budget to cover the costs incurred.
(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)
(A)
Places of worship, churches and religious institutions are permitted in any residential zoning district in the town unless otherwise regulated by this chapter. However, no place of worship, church or religious institution shall be permitted to be located in any pre-existing storefront buildings located in the C-1 Commercial District.
(B) Moreover, places of worship located in zoning classifications other than the town's C-1 and C-2 Commercial Districts shall meet the following requirements:
(1) Height limitations of the zone in which it is located shall be observed; provided, however, the spire, belfry or other similar architectural features are exempt.
(3) Open space and planting requirements shall be in accordance with § 153.160 governing non- residential developments.
(4) Required setbacks shall be: front yard, 35 feet; side yards (each), 25 feet; rear yard, 25 feet. No parking shall be located in front yards. Inside and rear yards, parking shall not be in any area required for a setback unless densely planted buffer strips or other fencing is installed to protect abutting property from noise, dust, glare of lights and other nuisances; then parking may be permitted, but no closer than ten feet to the property line.
(5) Places of worship located within a residential zoning district shall be permitted a maximum sign surface area of 32 square feet. In the case of freestanding signs in a residential zoning district, said signs shall not exceed a height of ten feet. Signs for places of worship found in a commercial zoning district shall be the same as prescribed in that particular zoning district as outlined in §§ 153.180 through 153.192.
(6) Places of worship shall install a semi-opaque screen, as defined in § 153.233, along all property lines that abut residential properties.
(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)
Loading...