(A) Residential district, low density; R-20. This district is established as a low density district in which the principal use of land is for single-family residences. Permitted uses are contained in § 155.026. Permitted structures include those which meet the dimensional restrictions listed in §§ 155.040 et seq. Manufactured homes and multi-family structures are permitted structures only in areas shown on the zoning map as manufactured home and multi-family housing overlay districts, respectively.
(B) Residential district, low to medium density; R-15 and R-15(SU). This district is established to provide for medium density neighborhoods consisting of single-family residences. Structures within this district are permitted where both public water and sewerage are available. Permitted uses are contained in § 155.026. Permitted structures include those which meet the dimensional restrictions listed §§ 155.040 et seq. Manufactured homes and multi-family structures are permitted structures only in areas shown on the zoning map as manufactured home and multi-family housing overlay districts, respectively.
(C) Residential district, medium to high density; R-8 and R-8(SU). The R-8 residential district is established as a medium to high density district in which the principal use of land for single-family residences. Structures within this district shall have both public water and sewerage, where available. Permitted uses are contained in § 155.026. Permitted structures include those which meet the dimensional restrictions listed in §§ 155.040 et seq.
(D) Residential district, high density; R-6 and R-6(SU). The R-S residential district is established as a high density district in which the principal uses are single-family, duplex and multi-family residences. Structures within this district shall have both public water and sewerage, where available. Permitted uses are contained in § 155.026. Permitted structures include those which meet the dimensional restrictions listed §§ 155.040 et seq. Manufactured homes and multi-family structures are permitted structures only in areas shown on the zoning map as manufactured home and multi-family housing overlay districts, respectively.
(E) Residential district, manufactured home overlay; RM.
(1) The RM district, manufactured home overlay, is established as a high density overlay zone in which manufactured homes may be located in established manufactured home parks. This use is supplementary to the list of permitted uses in the base district. For this reason, this district is not listed in § 155.026.
(2) The purpose of the manufactured housing overlay district (RM) is to provide for the development of affordable housing in established residential zoning districts while maintaining the overall character of those districts. The intent of the prescribed conditions herein is to insure compatibility with existing housing stock. The manufactured home overlay shall be an overlay in the residential district areas as shown on the zoning map. The manufactured housing overlay district supplements the range of uses permitted in the underlying district. All other uses and regulations for the underlying district shall continue to remain in effect for properties classified under the overlay.
(3) The manufactured housing overlay district permits the use of class A manufactured housing in established manufactured home parks, in addition to the uses permitted by the underlying district. The following provisions regulating the construction, location and design of manufactured home parks are intended to further an orderly spatial development, secure an environment that insures adequate health and safety and welfare standards, and insure that adequate facilities for transportation, parking, water, sewerage and recreation are provided:
(a) The lot area for a manufactured home park shall be at least two acres. All areas to be included in the park shall be clearly shown on site plans as required by this chapter.
(b) Each manufactured home in a home park shall occupy a designated space having at least 8,000 square feet.
(c) All manufactured home park streets shall be paved to a width of at least 18 feet.
(d) Each manufactured home shall be properly tied down in accordance with the provisions of the State Regulations for Manufactured/Mobile Homes of 1989.
(e) Two off-street parking spaces shall be provided for each manufactured home space.
Required parking spaces may be included within the minimum square footage required for each manufactured home space.
(f) At least 800 square feet of recreation space for each manufactured home space shall be reserved within each manufactured home park as common recreation space for the residents of the park. The areas shall, along with driveways and walkways, be adequately lighted for safety.
(g) No manufactured home or its ancillary structures shall be closer than 40 feet to another manufactured home or its ancillary structures or to a public road. Each home shall be supplied with public water and sewer.
(h) No manufactured home or its ancillary structures shall be located closer than 20 feet from a manufactured home park street.
(i) All manufactured homes shall be set back at least 20 feet from side and rear lots lines and at least 40 feet from the front lot line of the park.
(j) All utilities, including electric, cable TV and telephone, shall be placed underground. A centrally located postal pickup system shall be provided for all residents.
(k) Site plans are required for all manufactured home parks and shall be reviewed by the Project Review Committee, as outlined by this chapter. The plans must show the area to be used for the proposed manufactured home park; the ownership and use of neighboring properties; all proposed entrances, exits, driveways, walkways, and off-street parking spaces; the location of manufactured home spaces, recreation areas and service buildings; the location of sanitary convenience including toilets, laundries, and refuse receptacles; the proposed plan of water supply, sewage disposal and electric lighting.
(l) All manufactured homes abutting a public road shall be oriented to insure that the longest side is parallel, or as close as possible, to the centerline of the roadway. Any expansion of manufactured home parks in existence on the effective date of this chapter shall comply with the provisions of this chapter.
(m) Screening and/or buffering is required at the perimeter of a manufactured home park, and between any home and a public street. Screening and buffering shall conform to § 155.073(B)(15).
(F) Residential district, multi-family housing overlay; RMF and RMF(SU).
(1) The RMF district, multi-family housing overlay is established as a high density overlay zone in which multi-family housing may be located. The use permitted in this district is supplementary to the list of permitted uses in the base district. For this reason, this district is not listed on the zoning map. The purpose of the multi-family housing overlay district is to provide for the development of a variety of housing types in established residential zoning districts while maintaining the overall character of those districts. The intent of the prescribed conditions herein is to insure compatibility with existing residential areas.
(2) The multi-family housing overlay district shall be an overlay on the residential district areas as shown on the zoning map. The permitted uses in the overlay district supplements the range of permitted uses in the underlying or base district. All other uses and regulations for the underlying district shall continue to remain in effect for properties classified under the overlay district.
(3) The following requirements must be met in order for a multi-family use to be allowed within any zoning district.
(a) The lot or tract must be zoned RMF, overlay district.
(b) Buffering and screening by the multi-family development is required where the multi-family use abuts a preexisting single-family use.
(c) That part of the required front, side, and rear yards that extends 15 feet from adjoining property lines shall be free of development and, where possible and desirable, as determined by the Project Review Committee, left in its natural state. If it is neither possible nor desirable to do so, this area shall be used for buffering and screening, which shall conform to § 155.073(B)(15).
(d) Off-street parking shall be provided with sufficient capacity to handle all residents of the multi-family structures and their guests.
(e) Automobile parking spaces shall not be located closer than 15 feet to the front, rear or side lot lines.
(f) All units must be provided public water and sewer.
(g) Buildings may be clustered on the site, but no structure shall be located closer than 40 feet to any other structure. Orientation of all buildings, one to the other and on the site, is subject to approval by the Project Review Committee.
(h) At least one-twentieth of an acre per dwelling unit of the total tract shall be dedicated for common open space, which shall be commonly owned and maintained by the residents of the development. The land shall be so located and of a condition to be determined by the Project Review Committee to be usable for recreation purposes by the residents of the complex. No common open space land shall include any required buffer area.
(G) Neighborhood business district; NB and NB(SU). This district is established for those uses which normally require a location close to residential areas and which provide merchandise and services to meet the everyday needs of a limited residential area. Permitted uses are contained in § 155.026. Notwithstanding that list of uses, it is not the intent of this district to utilize street-level floor space of a building clearly designed to be commercial or retail street frontage with a use other than commercial, retail or professional offices.
(H) Central business district; CB and CB(SU). This district is the central shopping area of the town. It is established for those uses which normally require a central location and which provide merchandise and services to be used by the entire town and its environs. It is intended that this district shall develop and be maintained as a tightly knit core of commercial, professional and governmental activity. Permitted uses are contained in § 155.026. Notwithstanding that list of uses, it is not the intent of this district to utilize street-level floor space of a building clearly designed to be commercial or retail street frontage with a use other than commercial, retail or professional offices.
(I) Highway business district; HB and HB(SU). The highway business district is established to provide areas within the community for businesses which normally require a significant flow of traffic. The uses depend on exposure to large flows of traffic associated with major thoroughfares. It is intended that this district be developed with as little impact on surrounding land uses and the thoroughfares as possible. Permitted uses are contained in § 155.026. Notwithstanding that list of uses, it is not the intent of this district to utilize street-level floor space of a building clearly designed to be commercial or retail street frontage with a use other than commercial, retail or professional offices.
(J) Manufacturing and industrial district; I and I(SU). The industrial district is established for those areas of the community where the principal use of land is, or should be, industrial and warehousing. These uses, by their nature, may create some nuisance and are not compatible with residential, commercial and/or service establishments. These uses normally seek outlying locations on large tracts of land where the operations involved do not detract from the development potential of nearby undeveloped properties. It is not intended to permit in this district any use which is inherently obnoxious because of noise, odors, smoke, light, dust or dangerous materials. Permitted uses are contained in § 155.026.
(K) Floodplain district; FP. This district is established to protect developers and property owners from investing in improvements which may be subject to flooding or are located on lands which are otherwise unsuitable for urban development due to natural conditions. Governing bodies are also assured that it will not be necessary to spend public funds to protect private investments. Permitted uses are contained in § 155.026.
(L) Commercial corridor overlay district; CC and CC(SU).
(1) This district is established along Salisbury Avenue/US Highway 29N, in its entirety within the planning and zoning jurisdiction of the town and is inclusive:
(a) Of all NB, CB and HB districts abutting Salisbury Avenue;
(b) To a depth of 125 feet or the depth of one parcel, whichever is greater, in any residential district abutting Salisbury Avenue; and
(c) To a depth of 400 feet or the depth of one parcel, whichever is greater but not to exceed 400 total feet, in any industrial district abutting Salisbury Avenue.
(2) The commercial corridor overlay district shall be applied as an overlay to current general zoning districts, some of which may or may not be of a commercial, business or industrial area. The regulations contained in this district shall be supplemental to those contained in the underlying general zoning district. When conflicts between the two arise, the more restrictive regulations shall apply. Photographic examples of development (a) currently found in downtown Spencer, (b) preferred in the CC district both within and adjoining the downtown, and (c) not preferred anywhere in the district are shown below. Those pictures that depict development both preferred and not preferred are for illustrative purposes only and are designed to give the reader and property owners examples of how the development regulations contained in the CC district can be applied.
(M) Guidelines. The following guidelines shall apply to all uses:
(1) Any use permitted shall be fully compatible with all surrounding zoning districts.
(2) Any uses permitted shall be a type not appreciably damaged by floodwater.
(3) Any structure permitted shall be designed, constructed and placed on the land so as to offer the minimum obstruction to the flow of water.
(4) Any structure permitted shall be firmly anchored to prevent the structure from floating away and thus restricting bridge openings and narrow sections of the stream.
(5) Any structure permitted which is designed for human habitation shall not provide a threat to the safety of persons by virtue of potential floodwaters.
(6) Any permitted equipment, material or goods stored in the district shall be fully enclosed within a fence of a quality, strength, and anchoring and a height of at least six feet so as to prevent the equipment, material, or goods from floating downstream.
(7) When a use is listed as conditional in the floodplain district the Board of Adjustment shall require topographic data, engineering and other studies necessary to determine the effects of flooding on a proposed structure or use and/or the effects of the structure or use on the flow of water. The reports shall be completed by a licensed engineer, registered surveyor, hydrologist or other persons having sufficient technical knowledge.
(8) No structure, temporary or permanent, fill, including fill for roads and levees, obstruction, storage of materials or equipment or other use may be allowed which, acting alone or in combination with existing or future uses, reduces the capacity of the floodway or increases flood heights. Consideration of the effects of a proposed use shall be based on a reasonable assumption that there may be an equal degree of encroachment extending for a significant reach on both sides of the stream.
(N) Interstate business district; IB and IB(SU). The interstate business district is established to provide an area of commerce within the community for residents and interstate travelers alike. The business uses in this area depend on exposure to large flows of traffic associated with major thoroughfares. These uses normally seek outlying locations on large tracts of land where the operations involved do not detract from the development potential of nearby undeveloped properties. Permitted uses are contained in § 155.026. No commercial driveway entrances or commercial vehicle access points are to allowed on Snider Street.
(`94 Code, App. C, Art. V, § 2) (Am. Ord. 04-03, passed 5-11-04; Am. Ord. 05-05, passed 10-11-05; Am. Ord. 06-09, passed 6-13-06; Am. Ord. 06-12, passed 11-14-06; Am. Ord. 07-01, passed 3-13-07; Am. Ord. 07-02, passed 5-8-07; Am. Ord. 07-05, passed 7-10-07; Am. Ord. 09-05, passed 11-10-09; Am. Ord. 10-04, passed 4-13-10)