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The regulations set by this ordinance within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, except as hereinafter provided:
1) No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered except in conformity with all of the regulations herein specified for the district in which it is located.
2) No building or other structure shall hereafter be erected or altered:
a) To exceed the height or bulk;
b) To accommodate or house a greater number of families;
c) To occupy a greater percentage of lot area;
d) To have narrower or smaller rear yards, front yards, side yards, or other open spaces than herein required, or in any other manner be contrary to the provisions of this ordinance;
e) Notwithstanding paragraph d) above, if the town planner finds that any dimensional requirement in this ordinance has not been specifically adhered to, but that such deviation was a result of good faith error and that said error would not adversely affect an adjoining property, he/she may permit a dimension deviation up to and including one-quarter (0.25) foot (three (3) inches).
3) No part of a yard, or other open space required about or in connection with any building for the purpose of complying with this ordinance, shall be included as part of a yard, or open space similarly required for any other building.
4) No yard or lot existing at the time of passage of this ordinance shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this ordinance shall meet at least the minimum requirements established by this ordinance.
Regulations for each district shall be enforced and interpreted according to the following rules:
1) Permitted uses. Uses are permitted by right.
2) Special uses. Uses are permitted subject to the additional conditions imposed and approved by the town council.
3) Accessory structures are permitted in all residential, commercial, and governmental zoning districts only if a principal structure has been constructed on the same lot. All accessory structures shall maintain the same front yard set back as the principal structure for the district in which they are constructed and meet all other requirements for accessory building setbacks as listed in there primary zoning district. Uses accessory to residential developments shall not involve the conduct of any business, trade, or industry except for home occupations as defined herein. Residential uses accessory to agricultural, business, and industrial district uses shall comply with all the provisions of the residential district.
4) Temporary uses, such as construction and real estate field offices or storage buildings or structures on construction sites, may be permitted by the town planner or his designee.
5) Minimum regulations. Regulations set forth by this ordinance shall be minimum regulations. If the district requirements set forth in this ordinance are at variance with the regulations of any other lawfully adopted rules, regulations, or other ordinance, the more restrictive or higher standard shall govern.
6) Land covenants. Nothing in this ordinance shall modify or repeal any deed restriction but no such restrictions shall constitute a means for developing less than prescribed herein.
7) Density and minimum lot size. No building, structure or land shall hereafter be used or occupied in excess of the prescribed density regulations for the zoning in which it is or will be located. In all zoning districts except the PUD, planned unit development district, density calculations and the establishment of minimum lot size shall be on the basis of net acreage, net available land, or usable lot or land area. For the purpose of calculating minimum lot area, density or dwelling units per acre, and maximum lot coverage under the terms of this ordinance, each of the following provisions shall govern.
8) Only contiguous areas held in fee simple title shall be calculated as to lot area.
9) Regardless of ownership via fee simple title, only lands above mean high sea level shall be allowed in the calculation of lot area. In the case of marshlands, areas that may be below mean high sea level, but are legally fillable under all applicable state and federal regulations may be allowed in such area calculations provided that written evidence of such is provided to the town planner.
a) In the case of lots fronting or abutting on public roads or streets which have no formally dedicated or acquired right-of-way, the yard or yards abutting such road shall be defined as beginning at the edge of the prescriptive right-of-way or easement as may be determined or established by state law.
b) Areas proposed (or existing) for public dedication such as roads, easements, right-of-way, parks, or other areas shall not be included in the calculation of minimum lot size or development areas.
10) Outside storage. No outside storage of household goods, furniture, bedding, appliances, plumbing and electrical supplies or fixtures, shrubbery or tree cuttings, automobile or boat engines or spare parts, or any unsightly or hazardous materials shall be permitted in any residential district. Storage of building materials in residential districts shall be limited to the rear yard, neatly stacked off the ground, and shall be limited to one hundred (100) square feet of covered space, being no more than three (3) feet in height. No storage of the materials listed above shall be permitted in the C-1 commercial district, the MU mixed uses district, the C-3 commercial district, or any other district where such storage may be permitted unless said materials are screened from public view by a wall, fence, screen, or other effective device approved by the town planner and permitted by this ordinance.
11) Truck trailers shall not be used for storage or sale of goods in any district, except as follows:
a) Truck sales shall be permitted as temporary uses as part of the operation of a business which has a fixed location with a building space at least equal to the trailer space. Trailers used for truck sales must not obstruct required parking, loading areas, or landscaping areas and must be promptly removed from the site except for the days of the sale. Truck sales must take place on the same site as the business location, must obtain a zoning permit from the town, and must not exceed six (6) calendar days in a three-month period.
b) Truck trailers may be used for temporary storage of materials for construction or remodeling, for a specific, limited period of time, under a temporary permit issued by the town planner or his designee.
c) Truck trailers may be used for storage and distribution of emergency relief supplies and related purposes in the event of a community disaster.
12) Structures on pilings. For all structures built on pilings, the first story of a structure shall be considered the first floor above piling.
(Ord. No. 2020-10, 12-1-20)