(A) Uses not itemized; determination of appropriate district.
(1) Where a use is not itemized and uncertainty exists as to the district permitting such use, the use may be included in the appropriate district upon recommendation of the Planning Commission and approval of the Town Council, provided:
(a) Such use is not listed in any other use group;
(b) Such use is more appropriate in the use group to which it is added than in any other use group;
(c) Such use conforms to the basic characteristics of the use group to which it is added; and
(d) Such use does not create any more offensive noise, vibration, dust, heat, smoke, odor, glare, or other objectionable influences or more traffic hazards than the minimum amount normally resulting from the other uses listed in the use group to which it is added.
(2) When any use has been added to any use group in accordance with division (A)(1)(d) above, such use shall be deemed to be listed in the appropriate use group and shall be added thereto in the published text of this title at the first convenient opportunity with a notation indicating that the addition was made in accordance with division (A)(1)(d) above.
(B) Household pets. Pets such as dogs, cats, and birds which are generally kept within a dwelling shall be considered as a permitted accessory use; provided, not more than four animals of more than four months of age are kept on any one lot.
(C) Home occupations. A home occupation shall be considered as a permitted accessory use in any zoning district; provided, the home occupation is subject to the following limitations.
(1) The use shall be conducted entirely within a dwelling and carried on by the inhabitants living there and no others.
(2) The use shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes and shall not change the character thereof.
(3) The total area used for the home occupation shall not exceed one-half the floor area of the user’s living unit.
(4) There shall be no exterior advertising or other display.
(5) There may be only incidental sale of stocks, supplies, or products.
(6) There shall be no exterior storage on the premises of material or equipment used as a part of the home occupation.
(7) There shall be no offensive noise, vibration, smoke, dust, odors, heat, or glare noticeable at or beyond the property line.
(8) A home occupation, including studies or rooms for instruction, shall provide additional off street parking area adequate to accommodate needs created by the home occupation.
(9) In particular, a home occupation includes but is not limited to the following; provided, all requirements contained in this section are met:
(a) Art studio;
(b) Beauty shop;
(c) Dressmaking or millinery work;
(d) Office for insurance or real estate sales; and
(e) Office for professional services, and teaching.
(10) Ordinarily, a home occupation shall not be interpreted to include the following:
(a) Animal hospital;
(b) Clinic;
(c) Hospital;
(d) Nursing home;
(e) Restaurant; or
(f) Tourist home.
(D) Fences, hedges and walls. Fences, hedges, and walls shall be considered as permitted accessory uses; provided, they meet the following instructions.
(1) No hedge shall be located within 42.42 feet of the point of intersection of any two street centerlines.
(2) No fence or wall which is over four feet in height as measured from the top elevation of the adjacent curb, and of which the upper two feet are uniformly less than 80% visually open shall be located within 42.42 feet of the point of intersection of any two street centerlines.
(3) Except as provided in divisions (D)(1) and (D)(2) above, a fence or wall or any hedge may be located in a required front yard; provided, such fence, wall, or hedge does not exceed four feet in height, as measured from the top elevation of the adjacent curb.
(4) No hedge, wall, or fence shall exceed six feet in height when located between the front building line and a line 55 feet from the front lot line.
(5) No hedge, wall, or fence shall exceed eight feet in height when located more than 55 feet from the front lot line.
(Prior Code, § 11-5-1) Penalty, see § 1-4-1