(A) General. In order to implement the provisions of this chapter, the town is hereby, and in the future may be, divided into the following zoning districts:
RR | Rural Residential District |
ER | Estate Residential District |
R-1 | Single-Family Residential District |
R-2 | Residential District |
MHPD | Mobile Home Park District |
BD | Business District |
CD | Commercial District |
ID | Industrial District |
PD | Planned Development District |
CON | Conservation District |
(B) Use categories. Uses of property are categorized and allowed in each of the zoning districts in the following manner.
(1) Use-by-right. Uses-by-right include the following:
(a) Uses-by-right include the use of land, structures or both which are authorized by the district zoning classification; and
(b) 1. A use-by-right is the principal use(s) permitted in any given zone district. The design standards of any given zone district comprise the essential site plan requirements for the placement of a use on a parcel or in a structure. To construct a use-by-right on a parcel, a building permit is needed.
2. The building permit will require that the use is properly served by access and utilities and that a plot plan be submitted which is used to check the setbacks and other design standards of the district. Plot plan reviews and approvals are a function of town staff.
(2) Accessory uses and structures. These uses are naturally and normally incidental to a use-by-right and comply with all the following conditions:
(a) Is clearly subordinate, incidental and customary to and commonly associated with the operation of the use-by-right;
(b) Is operated and maintained under the same ownership as the use-by-right on the same zone lot;
(c) Includes only those structures or structural features consistent with the use- by-right;
(d) The gross floor area utilized by all accessory uses, except a private garage, shall not exceed 10% of the total floor area of the use-by-right on the same property or parcel; and
(e) May include home occupations, as defined by the zoning regulations and/or by zone district.
(3) Accessory uses permitted. The following accessory uses are permitted in the following districts; provided that they are incidental to and on the same premises as a permitted use. Accessory uses must meet setback and other design standard requirements in each zone district. Construction of accessory uses may or may not require a building permit. If a permit is required, a plot plan showing the location of the accessory use on the zone lot will be required:
(a) Residential uses include the following:
1. Garage only for the storage of automobiles, recreational vehicles and/or two commercial vehicles;
2. Automobile parking and loading space, as required in off-street parking requirements;
3. Home occupations or professional activities, but conducted only by residents living on the premises and not exceeding 25% of the area of one floor of the principal structure; and
4. Any accessory buildings, structures or uses required in addition to and in conjunction with a use-by-right in the district.
(b) Commercial (C): any building or structure incident to and necessary for the operation of a use-by-right in the district;
(c) Industrial (I): any building or structure incident to and necessary for the operation of a use-by-right in the district;
(d) Business (B): any building or structure incident to and necessary for the operation of a use-by-right in the district; and
(e) Conservation (CON): any building or structure incident to and necessary for the operation of a use-by-right in the district.
(4) Conditional use. Uses normally associated with uses-by-right and permitted in any given zone district upon compliance with certain conditions and after review and approval of a site plan. See § 153.170.
(5) Use by special review.
(a) A special review use is a specific use of land or structures or both which, because of its unique characteristics, cannot be properly classified as a use-by-right or conditional use. Special review uses require a public hearing before the Planning Commission and a public hearing before the Board of Trustees. These uses are usually extraordinary in nature, and a complete site plan and impact mitigation plan will be required to be reviewed and approved. See § 153.171. Posting notice on the property for which a special review use application is pending shall be required. See § 153.173.
(b) The following criteria shall be considered by the Planning Commission and the Board of Trustees in reviewing an application for special review use.
1. Will the proposed use be in harmony and compatible with the character of the surrounding neighborhood?
2. Will the proposed use be consistent with the town’s comprehensive plan?
3. Will the proposed use have a material adverse effect on town capital improvement programs?
4. Will the proposed use result in an over-intensive use of the land?
5. Will the proposed use result in undue traffic congestion or hazards?
6. Will the proposed use cause significant air, water or noise pollution?
7. Will the proposed use require a level of community facilities and services greater than that available?
8. Will the proposed use be detrimental to the health, safety or welfare of current or future inhabitants of the town?
(c) In considering an application for a special review use, the Planning Commission and Board of Trustees shall consider and may impose modifications or conditions concerning by way of illustration and not limitation, the following development features, to the extent such modifications or conditions are necessary to ensure compliance with the criteria of division (B)(5)(b) above:
1. Size and location of improvements on the site;
2. Internal traffic circulation and access to adjoining public streets;
3. Location and amount of off-street parking;
4. Fencing, screening and landscaped separations, including open space;
5. Building bulk and location;
6. Signs and lighting; and
7. Measures to mitigate or address noise, vibration, air pollution and other environmental influences.
(6) Temporary uses.
(a) Intent; application; definition.
1. The intent of this section is to provide for the regulation of temporary structures and uses. This section shall apply to temporary residences, temporary construction offices and temporary signs.
2. For the purposes of this section, the term TEMPORARY shall mean a period of up to six months.
(b) General requirements and procedures. Prior to the establishment and use of a temporary structure, the applicant shall be required to provide the following:
1. a. Submit a plot plan showing location of the use, setbacks and any other pertinent information to the Town Manager for review.
b. The plan must conform with all applicable zoning requirements of the district in which the use is to be located. See § 153.172.
2. Upon favorable review by the Town Manager, the applicant may obtain a building permit for the requested use;
3. The permit granted by the Town Manager shall expire six months from the date of issuance. A maximum of three permits may be granted per use. All temporary uses shall be removed at the expiration of the third permit;
4. All written requests for renewal shall be submitted to the Town Manager a minimum of ten working days prior to expiration date; and
5. The applicant must meet any additional requirements necessary for the health, safety and welfare of the residents of the surrounding area as determined by the Town Manager.
(c) Permitted temporary structures.
1. Temporary construction office. A temporary structure for the storage of construction materials, and a construction office to be used for managing a construction job may be utilized in all districts with the following restrictions.
a. The unit is to be used only during normal construction hours by the construction superintendent, construction workers, contractors and the like.
b. While construction is occurring, a temporary construction office may be utilized provided that it is located within the area of a recorded final plat or an approved site plan.
c. The temporary construction office shall not be utilized as living quarters for a caretaker, property owner, contractor or others except in approved cases where security necessitates such occupancy.
2. Temporary offices.
a. Residential sales. Temporary residential sales offices for the sale of units in an area shall be permitted in the Residential (R) and PD Districts with the following restrictions.
i. Sales shall be limited only to those units within the platted subdivision in which the office is located.
ii. The temporary structure shall be located within the area of a recorded final plat.
iii. The use of a temporary residential sales office shall require obtaining a temporary permit with the Town Manager.
b. Commercial, business and industrial offices. Temporary nonresidential offices used for sales or business operation purposes shall be permitted in the BD, CD, ID and nonresidential and mixed-use PD zone districts with the following restrictions.
i. Upon obtaining a building permit for a permanent nonresidential structure, a permit for utilizing a temporary structure on the premises by the property owner or representative may be obtained.
ii. The temporary office shall be located within the area of a recorded final plat and an approved site plan.
3. Temporary signs. All temporary signs shall be in conformance with the town sign ordinance. See § 153.180.
4. Other temporary structures. Other temporary structures include the following:
a. i. Use: carnival, circus, bazaar or fair;
ii. Zones: Industrial and Conservation; and
iii. Period: two weeks.
b. i. Use: tent meeting or crusade;
ii. Zones: Industrial and Conservation; and
iii. Period: two weeks.
c. i. Use: parking for another temporary use;
ii. Zones: same as temporary use for which it is required; and
iii. Period: same as temporary use for which it is required.
d. i. Use: non-commercial concrete batching plant;
ii. Zones: Industrial and Conservation; and
iii. Period: two months, renewable by Board of Trustees.
e. i. Use: roadside stand;
ii. Zones: Business and Commercial; and
iii. Period: two weeks.
(7) Uses not itemized.
(a) 1. On its own initiative, the Town Planning Commission may, by resolution, recommend to the Board of Trustees additions to the uses permitted and/or uses permitted by special review section of any zoning district, any other similar use which conforms to the conditions set forth in this section. The recommendation of the Planning Commission is then forwarded to the Board of Trustees for their action pursuant to this chapter.
2. The criteria to be considered when adding to the zone district use list are:
a. Such use is more appropriate in the use group to which it is added;
b. Such use conforms to the basic characteristics of the use group to which it is added; and
c. Such use does not create any more offensive noise, vibrations, 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.
(b) Any use not specifically listed or under consideration by the Planning Commission for addition at the time of application must be approved as an addition and/or reviewed as a special use permit within an appropriate zone district.
(c) When any use has been added to any use group in accordance with this chapter, such use shall be deemed to be listed in the appropriate section of that use group and shall be added thereto in the published text of this chapter at the first convenient opportunity, with a notation indicating that the addition was made in accordance with this section.
(Ord. 2-98, passed 4-22-1998; Ord. 2-09, passed - -2009) Penalty, see § 153.999