(A) Use. No building or land shall be used, and no building shall be erected, reconstructed or structurally altered, which is used for any purpose other than a use which is permitted and specified in a district in which such building or land is located, and which is in accordance with the requirements of this chapter.
(B) Accessory uses. Accessory uses shall be operated and maintained under the same ownership and on the same lot or contiguous lot as the primary use.
(C) Accessory structures. Accessory structures shall be permitted in all zoning districts; provided, the following requirements have been met.
(1) Accessory structures shall not be erected prior to the primary structure, except structures which classify as farm buildings, as stated under the definitions section of this chapter.
(2) Accessory structures shall be clearly subordinate in height, area, bulk extent and purpose to the primary structure.
(3) The following accessory structures are permitted in all districts and may be installed in any required yard without an ILP: landscape vegetation, swing sets, children’s tree houses, bird baths, bird houses, curbs, fences, lamp posts, mail boxes, name plates, parking spaces, utility installations for local services, retaining walls, walks, drainage installations, housing for domestic pets provided it is not for profit and does not constitute a kennel as defined in this chapter.
(4) Any accessory structure which is classified as a farm building, as determined by this chapter, shall be only required to secure an ILP.
(5) Wireless communications facilities are permitted in all districts and may be installed without an ILP; provided, they are co-located upon an existing or pre-approved wireless communication facility, or they are no taller than 15 feet and visually integrated or camouflaged against a structure other than another antenna.
(6) The following accessory structures are permitted in all zoning districts and require an application for an ILP certifying that all applicable requirements of this chapter have been met:
(a) Buildings such as garages, carports, enclosed patios, bath houses, gazebos, cabanas, greenhouses, storage sheds, stables and other structures over 50 square feet in area;
(b) Home occupation structures in accordance with this chapter;
(c) In-ground swimming pools subject to a five-foot high fence placement around the pool area and/or a mechanical pool cover over the pool;
(d) Signs as set forth in this chapter; and
(e) Antennas and amateur radio towers over 30 feet in height measured from the roofline.
(D) Temporary uses. Temporary uses shall be permitted in all zoning districts subject to approval by the Director based on his or her decision that the use will not detrimentally affect the health, welfare, safety or morals of the neighborhood under consideration for such use.
(1) The following are general provisions that must be met before approval:
(a) The duration of a permit is stated herein, however, the Director may renew such permit for a use in 30-day increments if so requested;
(b) Temporary uses shall be subject to all of the regulations of the applicable zoning district;
(c) Adequate access and off-street parking facilities shall be provided;
(d) Public address systems shall not be used in areas of concentrated residential development;
(e) Floodlights and other lighting shall be directed upon the premises and shall not be detrimental to adjoining properties;
(f) Signs shall not flash or blink or resemble traffic and emergency warning signals; and
(g) Upon termination, the lot shall be put in a clean condition devoid of trash and remnants of the temporary use.
(2) The following are permitted temporary uses subject to the issuance of an ILP and a certificate of occupancy:
(a) Temporary office; and
(b) Model home or model apartment.
(3) The following are permitted temporary uses subject to the issuance of an ILP:
(a) Incidental signs on the same property, necessary for the sale, rental, or lease of;
(b) Announcement signs necessary to explain the character of a building enterprise for a maximum of 18 months;
(c) Mobile homes as emergency shelters when needed until construction or emergency ends; and
(d) Other uses deemed temporary by the BZA subject to all conditions the BZA may deem necessary.
(4) The following are permitted temporary uses that do not require an ILP or certificate of occupancy:
(a) Parking area designated for a special event for a maximum of 30 days; and
(b) Other uses deemed temporary by the BZA subject to all conditions the BZA may deem necessary.
(E) Lots. Every primary structure hereafter erected shall be located on an individual lot which fronts on a street or private drive. No building or structure shall hereafter be erected or located on a lot unless such lot conforms with the lot area regulations of the District in which it is located or in accordance with § 194.019 of this chapter.
(F) Conversions.
(1) Structures originally designed for occupancy by two families or less converted to occupancy by more than two families shall secure an ILP. Such structures shall show no evidence of change to indicate the extra dwelling units.
(2) All fire escapes or stairways leading to a second or higher floor shall be completely enclosed within the converted building.
(G) Buildings relocated. No buildings or structures shall be moved from one lot or premises to another unless such building conforms to the regulations of the district to which such building shall be moved and an ILP has been secured.
(H) Building height. All buildings hereafter shall comply with the height regulations of the district in which it is located, with the exception of the following.
(1) A farm building may be erected or changed to any height necessary for its operation, however, any new structure regardless of height shall secure an ILP.
(2) Spires and church steeples may be erected or changed to any height that is not otherwise prohibited.
(I) Yards.
(1) Architectural features (cornices, chimney, eave, sill, canopy or similar feature) or open platforms, porches or landings may extend into a required side or rear yard not more than two feet, and may project into a required front yard not more than three feet.
(2) In the case of a through or corner lot, any property line abutting a street shall be considered a front property line and the setback from that line shall conform to the front yard setback regulations of that district. Corner lots shall have two front yard setbacks and two side yard setbacks.
(3) Where 25% or more of the lots in a block are occupied by buildings, the average setbacks of such buildings determine the front yard setback in the block. If there are no other buildings within 330 feet of the proposed building in either direction, then the standard setback for the District shall apply.
(4) Front yard setback lines established in recorded subdivisions establish the front yards in such subdivisions; provided that, after the adoption of this chapter, no subdivision shall be platted with building setback lines less than the required front yard of the district in which it is located.
(5) One-half of an alley, abutting the rear or side of a lot may be included in the rear yard setback or side yard setback, respectively, but such alley space shall not be included for loading and unloading berths.
(J) Restrictions along streams. (See Storm Drainage, Erosion and Sediment Control Ordinance.)
(1) No permanent structures may be erected and, if erected in violation of this division (J), no such structure may be used if the location is within 75 feet of the centerline of any legal tile ditch, or within 75 feet of the existing top edge of any legal open ditch as determined by the town’s Surveyor.
(2) No authorization of a use, under this chapter, includes the authority to discharge liquid or solid wastes into public waters except as permitted under the Stream Pollution Control Law (Acts 1943, Ch. 214, as amended). Plans and specifications for proposed public or district sewage or other waste treatment and disposal facilities must be approved by the Stream Pollution Control Board of the state, except when connecting to a public sewer utility.
(K) Flood protection. Structures shall be permitted in accordance with federal and state requirements and Ch. 192 of this code of ordinances pertaining to construction in flood hazard areas.
(L) Bulk storage. In any district, structures, buildings or above ground tanks, used for bulk storage of flammable or explosive liquids, gases or other materials shall not be located closer than 50 feet to the property line. Additional information regarding evidence of safety measures may be required in order to determine the public safety therein.
(M) Outside storage. A landscape contractor located in an agricultural district may store equipment and materials used in the business on the property as long as the equipment and non-plant materials are stored in an enclosed structure and no retail sales occur on the property.
(O) Trash receptacles. In any district, non-pedestrian, outdoor trash receptacles used for non- agricultural or non-residential uses shall be completely screened from view by the use of either solid fencing or evergreen vegetation. Such receptacles shall not be visible from the street front or any adjacent residential use during any time of the year.
(Ord. 2000-16, passed 8-28-2000, § 3.3; Ord. 2016-04, passed 4-5-2016)