Commission Meeting Agenda Item

Agenda Item

Ordinance 2019-10 — An ordinance of the Town of Lady Lake, Lake County, Florida; providing for a text amendment to The Town of Lady Lake Land Development Regulations (Ordinance No. 94-08) Chapter 5, Section 5-4, “Zoning District Uses”; amending the minimum setback requirements to 50 feet for accessory structures and uses incidental to agricultural activities; providing for severability; providing for codification; and providing an effective date.

Department

Growth Management

Staff recommends approval of the first reading of Ordinance 2019-10 as presented.

Summary

In mid-June, Town Staff received an inquiry from a property owner who wished to construct a pole barn on approximately seven acres of property in the Town of Lady Lake. Although the property is zoned RS-6, residential single-family up to six dwelling units per acre, the size of the property is more than five acres; therefore, agricultural uses are permitted on the property. Agricultural uses are also allowed in other zoning designations provided that the land area is equal or greater than five acres.

The subject property in this instance however, had a width of approximately 240 feet. Further in the description for the use of agriculture in the residential zoning districts of the Land Development Regulations, it currently states that, “Accessory structures and uses incidental to agricultural activity shall maintain a setback of 200 feet from any lot line”. Upon contacting the property owner to make them aware that they would not be able to construct the pole barn, the property owner seemed frustrated that despite the fact he had seven acres of property, he could not build the structure.

Following that conversation, Town Staff reached out to Lake County to see how they were enforcing setback requirements for agricultural structures. Their code reads as follows under the County’s Zoning District Regulations:

  1. Keeping of livestock for general agriculture and non-intensive agriculture. These uses shall only be permitted as shown in table 3.01.03 schedule of permitted and conditional uses and shall adhere to the following setbacks:

a. A livestock building should maintain a 200 foot setback from the property line. In the event that a livestock building cannot be constructed because of the 200 foot setback, then the livestock building shall be as closely centered as possible between the property lines and shall maintain a 50 foot setback from the property line.

b. If the lot width or length is equal to or less than 150 feet, then the livestock building shall be as closely centered as possible between the property lines and shall maintain a 50-foot setback from the property line.

Given that Lake County unincorporated areas are more prone to have agricultural uses and properties than an incorporated suburban or urban area, staff felt that if the setback was sufficient at a minimum of 50 feet for Lake County, the Town should amend its code to more closely mirror that of Lake County. The following language is being proposed to be added to amend the language of the Town of Lady Lake’s Land Development Regulations at this time:

In the event that a structure cannot be constructed because of the 200 foot setback, then the structure shall be as closely centered as possible between the property lines and shall maintain a minimum 50-foot setback from the property line.

In the event that a property owner can meet the 200-foot setback, it would still be enforceable; however, if they cannot, the proposed amendment would not prohibit them from constructing an agricultural building, provided they remain 50 feet away from any property line.

All proposed changes to Section 5-4, “Zoning District Uses”, for the consideration of the Planning and Zoning Board are provided within Exhibit “A” of the attached draft Ordinance 2019-10.

Fiscal Impact

Not applicable.

Funding Account

Not applicable.

Past Actions

The Technical Review Committee (TRC) members individually reviewed the application for Ordinance 2019-10 and determined it to be complete and ready for transmittal to the Planning and Zoning Board.

At the July 8, 2019 meeting, the Planning and Zoning Board voted 5 to 0 to forward Ordinance 2019-10 to the Town Commission with the recommendation of approval.

Public Hearings

The Town Commission is scheduled to consider Ordinance 2019-10 for the second and final reading on Monday, August 19, 2019, at 6 p.m.

WT/nvs

Draft Ordinance 2019-10

Note: proposed changes within this document are displayed as follows:

[begin add] new, added text [end add]

[begin delete] deleted text [end delete]

AN ORDINANCE OF THE TOWN OF LADY LAKE, LAKE COUNTY, FLORIDA; PROVIDING FOR A TEXT AMENDMENT TO THE TOWN OF LADY LAKE LAND DEVELOPMENT REGULATIONS (ORDINANCE NO. 94-08) CHAPTER 5, SECTION 5-4, “ZONING DISTRICT USES”; AMENDING THE MINIMUM SETBACK REQUIREMENTS FOR ACCESSORY STRUCTURES INCIDENTAL TO AGRICULTURAL ACTIVITIES TO FIFTY FEET; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, on December 2, 1991, the Town of Lady Lake adopted a Comprehensive Plan (Ordinance No. 91-21) pursuant to the requirements of Chapter 163, Part II, Florida Statutes and Chapter 9J-5, Florida Administrative Code; and

WHEREAS, on January 23, 1992, the Florida Department of Community Affairs determined that the Town of Lady Lake Comprehensive Plan was in compliance with the requirements of Chapter 163, Part II, Florida Statutes and Chapter 9J-5, Florida Administrative Code; and

WHEREAS, on August 15, 1994, the Town of Lady Lake adopted the Land Development Code of the Town of Lady Lake, Florida in accordance with the Town of Lady Lake Comprehensive Plan and the requirements of Chapter 163, Part II, Florida Statutes; and

WHEREAS, the Town of Lady Lake has elected to amend Chapter 5, Section 5-4, “Zoning District Uses”, of the Land Development Regulations finding it is in the best interests of the Town of Lady Lake and promotes the general welfare of its citizens.

BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF LADY LAKE, FLORIDA:

SECTION 1: Amendment

“The Land Development Code of the Town of Lady Lake, Florida,” dated August 15, 1994 (the “Land Development Code”) is hereby amended as provided below:

Chapter 5, Section 5-4, “Zoning District Uses, of the Land Development Regulations; is amended to allow the minimum setback requirements for accessory structures incidental to agricultural activities to be fifty feet as set forth in Exhibit “A”, attached hereto and incorporated herein.

SECTION 2: Severability

If any section, sentence, clause, phrase or word of this Ordinance is for any reason held, or declared to be unconstitutional, inoperative or void, such holding or invalidity shall not affect the remaining portions of this ordinance; and it shall be construed to have been the Town Commission’s intent to pass this Ordinance without such unconstitutional, invalid or inoperative part therein; and the remainder of this Ordinance, after the exclusion of such part or parts, shall be deemed and held to be valid, as if such parts had not been included herein; or if this Ordinance or any provisions thereof shall be held inapplicable to any person, groups of persons, property, kind of property, circumstances or set of circumstances, such holding shall not affect the applicability thereof to any other person, property or circumstances.

SECTION 3: Conflicts

All ordinances or part of ordinances in conflict with any of the provisions of this Ordinance are hereby repealed.

SECTION 4: Codification

The provisions of this Ordinance shall be codified as and become part of the Codes of Ordinances, Town of Lady Lake.  The sections of this Ordinance may be re-numbered or re-lettered to accomplish such intention and the word "Ordinance", or similar words, may be changed to "Section", "Article", or other appropriate word.

SECTION 5: Applicability

This Ordinance does not have retroactive applicability and does not apply to applications filed prior to the effective date of this Ordinance.

SECTION 6: Effective Date

This ordinance shall become effective upon adoption.

PASSED AND ORDAINED this 19th day of August, 2019 in the regular session of the Town Commission of the Town of Lady Lake, Lake County, Florida, upon the Second and Final Reading.

Town of Lady Lake, Florida

_________________________
Jim Richards, Mayor

Attest:

_________________________
Kristen Kollgaard, Town Clerk

Approved as to form:

_________________________
Derek Schroth, Town Attorney

Exhibit A

SEC. 5-4. — ZONING DISTRICT USES.

This section presents the basic purpose and intent of each zoning district. For specific criteria pertaining to those uses allowed as a special exception use upon approval, refer to the Conditional Uses and Special Exceptions Chapter.

a) AG-1 "Agriculture Residential." This district is established to provide for the protection of interim agricultural pursuits in transitional or urbanizing areas. The density shall not exceed one unit per acre.

1) Permitted uses.

A) Agriculture. A minimum of five acres is required for the keeping, harboring or maintaining of livestock or fowl.

B) Accessory structures and uses incidental to agricultural activity provided structures for keeping and raising of livestock shall not be located within 200 feet of a property zoned residential or 100 feet of any lot line. [begin add] In the event that a structure cannot be constructed in accordance with setbacks as stated above, the structure shall be as closely centered as possible between the property lines and shall maintain a minimum 50 foot setback from the property line. [end add]

C) Single-family dwelling units.

D) Manufactured home, residential design (RDMH). See Affordable Housing section later in this chapter.

E) Guest or servant quarters not to exceed 30 percent of living area of the principal dwelling unit pursuant to Miscellaneous Regulations chapter of this Code.

F) Customary accessory structures and uses incidental to the principal structure. Accessory structures shall be limited in size to a maximum of 35 percent of the square footage of the principal structure.

G) Community residential homes with one to six residents.

H) Home occupations pursuant to Miscellaneous Regulations chapter of this Code.

I) Family child care homes.

2) Uses permitted as special exception use upon approval.

A) Veterinary clinics.

B) Retail nurseries and garden supplies.

C) Horses, commercial stables, dude ranch, riding academy, boarding stable.

D) Agriculture: Processing (except for packing and slaughter houses).

E) Bed and breakfast inns: Small homestay.

3) Uses expressly prohibited.

A) Single-family attached dwelling units.

B) Multi-family residential dwelling units.

C) Two-family (duplex) dwelling units.

D) Manufactured home, standard design (SDMH).

E) Farmers markets.

F) Flea markets.

G) Dairies.

H) Kennels: boarding.

I) Kennels: breeding.

J) Horse breeding farms.

K) Poultry ranches.

L) Mushroom farms.

M) Hog farms.

N) Any use prohibited by Town, state or federal law.

O) Agriculture: processing-packing and slaughter houses.

P) Medical marijuana dispensaries.

Q) Non-medical marijuana sales.

R) Cannabis farms.

4) Design Standards.

A) Minimum lot size shall be one acre. Residential projects may be designed to allow clustering of dwelling units; however, overall density cannot exceed one dwelling unit per acre.

B) Minimum lot width shall be 150 feet measured along the building setback line. Minimum lot widths may be waived if clustering of units is provided.

C) Maximum building height shall be 35 feet.

D) Minimum setback requirements:

1. Front yard setback:

a. Local roadway: 25 feet.

b. Collector roadway: 30 feet.

c. Arterial roadway: 50 feet.

2. Side yard setback when adjoining:

a. Another lot: 10 feet.

b. Local roadway: 25 feet.

c. Collector roadway: 30 feet.

d. Arterial roadway: 50 feet.

3. Rear yard setback: 20 feet.

4. Where a front yard of lesser depth than required exists in front of dwellings on more than 60 percent of lots of record on one side of the street in any one block in an AG-1 district, the depth of the front yard for any building hereafter erected or replaced on any lot in such block need not be greater than the average depth of front yards of existing buildings.

E) The maximum impervious surface ratio (which includes building coverage) shall not exceed 25 percent.

F) Minimum floor area for dwellings shall not be less than 1,000 square feet which excludes porches, garages or utility rooms.

b) RS -1 "Single-Family Very Low Density Residential." This district is established to implement comprehensive plan policies for managing very low-density, single-family residential development at a density not to exceed one single-family dwelling unit per acre. The RS-1 district is established to preserve the stability of existing and future conventional single-family residential home sites on larger parcels, preserve open space, and manage future densities in order to assure that residents electing to reside on such non-agricultural properties with greater lot sizes are provided such opportunities.

1) Permitted uses.

A) Single-family detached dwelling units.

B) Guest or servant quarters not to exceed 30 percent of living area of the principal dwelling unit pursuant to Miscellaneous Regulations chapter of this Code.

C) Customary accessory structures and uses incidental to the principal structure. Accessory structures shall be limited in size to a maximum of 35 percent of the square footage of the principal structure.

D) Community residential homes with one to six residents.

E) Home occupations pursuant to Miscellaneous Regulations chapter of this Code.

F) Neighborhood recreational facilities.

G) Agriculture. A minimum of five acres is required for the keeping, harboring or maintaining of livestock or fowl. Accessory structures and uses incidental to agricultural activity shall maintain a setback of 200 feet from any lot line. [begin add] In the event that a structure cannot be constructed because of the 200 feet setback, then the structure shall be as closely centered as possible between the property lines AND Shall maintain a minimum 50 foot setback from the property line. [end add]

H) Family child care homes.

2) Uses permitted as special exception use upon approval.

A) (Licensed) community residential homes with more than six residents.

B) Public use recreation facilities, including marinas.

3) Uses expressly prohibited.

A) Single-family attached dwelling units.

B) Multi-family residential dwelling units.

C) Two-family (duplex) dwelling units.

D) Commercial land uses.

E) Industrial land uses.

F) Any use prohibited by Town, state or federal law.

G) Manufactured homes (SDMH and RDMH).

H) Bed and breakfast inns.

I) Medical marijuana dispensaries.

J) Non-medical marijuana sales.

K) Cannabis farms.

4) Design standards.

A) Minimum lot area shall be one acre (43,560 square feet). Subdivisions may be designed to allow clustering of residential dwelling units; however, overall density may not exceed one dwelling unit per acre.

B) Minimum lot width at the building setback line shall be 100 feet. Minimum lot widths may be reduced to 60 feet if clustering of units is provided.

C) Maximum building height shall not exceed 35 feet.

D) Minimum setback requirements:

1. Front yard setback:

a. Local roadway: 25 feet.

b. Collector roadway: 30 feet.

c. Arterial roadway: 50 feet.

2. Side yard setback when adjoining:

a. Another lot: 10 feet.

b. Local roadway: 25 feet.

c. Collector roadway: 30 feet.

d. Arterial roadway: 50 feet.

3. Rear yard setback: 20 feet.

4. Where a front yard of lesser depth than required exists in front of dwellings on more than 60 percent of lots of record on one side of the street in any one block in an RS-1 district, the depth of the front yard for any building hereafter erected or replaced on any lot in such block need not be greater than the average depth of front yards of existing buildings.

E) The maximum impervious surface ratio (which includes building coverage) shall not exceed 35 percent.

F) Minimum floor area shall not be less than 1,000 square feet which does not include porches, garages, utility rooms, etc.

c) RS-3 "Single-Family Low Density Residential." This district is established to implement comprehensive plan policies for managing low-density, single-family residential development at a density not to exceed three single-family dwelling units per acre. The RS-3 district is established to preserve the stability of existing and future conventional single-family residential neighborhoods, preserve open space, and manage future densities in order to assure that future densities are compatible with existing developments and natural features of the land, as well as existing and projected public services and facilities within the area.

1) Permitted uses.

A) Single-family detached dwelling units.

B) Guest or servant quarters not to exceed 30 percent of living area of the principal dwelling unit pursuant to Miscellaneous Regulations chapter of this Code.

C) Customary accessory structures and uses incidental to the principal structure. Accessory structures shall be limited in size to a maximum of 25 percent of the square footage of the principal structure.

D) Community residential homes with one to six residents.

E) Home occupations pursuant to Miscellaneous Regulations chapter of this Code.

F) Neighborhood recreational facilities.

G) Agriculture. A minimum of five acres is required for the keeping, harboring or maintaining of livestock or fowl. Accessory structures and uses incidental to agricultural activity shall maintain a setback of 200 feet from any lot line. [begin add] In the event that a structure cannot be constructed because of the 200 foot setback, then the structure shall be as closely centered as possible between the property lines AND Shall maintain a minimum 50 foot setback from the property line. [end add]

H) Family child care homes.

2) Uses permitted as special exception use upon approval.

A) (Licensed) community residential homes with more than six residents.

B) Public use recreation facilities, including marinas.

3) Uses expressly prohibited.

A) Single-family attached dwelling units.

B) Multi-family residential dwelling units.

C) Two-family (duplex) dwelling units.

D) Commercial land uses.

E) Industrial land uses.

F) Any use prohibited by Town, state or federal law.

G) Manufactured homes (SDMH and RDMH).

H) Bed and breakfast inns.

I) Medical marijuana dispensaries.

J) Non-medical marijuana sales.

K) Cannabis farms.

4) Design standards.

A) Minimum lot area shall be 14,500 square feet if served by central sewer. If individual well is used for potable water, the minimum lot size is one-half acre. Projects may be designed to allow clustering of residential dwelling units; however, overall density may not exceed three units per acre.

B) Minimum lot width at the building setback line shall be 100 feet. Minimum lot widths may be waived if clustering of units is provided.

C) Maximum building height shall not exceed 35 feet.

D) Minimum setback requirements:

1. Front yard setback:

a. Local roadway: 25 feet.

b. Collector roadway: 30 feet.

c. Arterial roadway: 50 feet.

2. Side yard setback when adjoining:

a. Another lot: eight feet.

b. Local roadway: 25 feet.

c. Collector roadway: 30 feet.

d. Arterial roadway: 50 feet.

3. Rear yard setback: 20 feet.

4. Where a front yard of lesser depth than required exists in front of dwellings on more than 60 percent of lots of record on one side of the street in any one block in an RS-3 district, the depth of the front yard for any building hereafter erected or replaced on any lot in such block need not be greater than the average depth of front yards of existing buildings.

E) The maximum impervious surface ratio (which includes building coverage) shall not exceed 35 percent.

F) Minimum floor area shall be not less than 1,000 square feet which does not include porches, garages, utility rooms, etc.

d) RS-4 "Single-Family Moderate Density Residential." This district is established to implement comprehensive plan policies for managing moderate-density, single-family residential development at a density not to exceed four single-family dwelling units per acre. The RS-4 district is established to implement comprehensive plan policies for managing moderate density, single-family residential development at a density not to exceed four single-family dwelling units per acre. The RS-4 district is established to preserve the stability of existing and future conventional single-family residential neighborhoods, preserve open space, and manage future densities in order to assure that future densities are compatible with existing developments and natural features of the land, as well as existing and projected public services and facilities within the area.

1) Permitted uses.

A) Single-family detached dwelling units.

B) Guest or servant quarters not to exceed 30 percent of living area of the principal dwelling unit pursuant to miscellaneous regulations chapter of this Code.

C) Customary accessory structures and uses incidental to the principal structure. Accessory structures shall be limited in size to a maximum of 45 percent of the square footage of the principal structure.

D) Community residential homes with one to six residents.

E) Home occupations pursuant to miscellaneous regulations chapter of this Code.

F) Neighborhood recreational facilities.

G) Agriculture. A minimum of five acres is required for the keeping, harboring or maintaining of livestock or fowl. Accessory structures and uses incidental to agricultural activity shall maintain a setback of 200 feet from any lot line. [begin add] In the event that a structure cannot be constructed because of the 200 foot setback, then the structure shall be as closely centered as possible between the property lines and shall maintain a minimum 50 foot setback from the property line. [end add]

H) Family child care home.

2) Uses permitted as special exception use upon approval.

A) (Licensed) community residential homes with more than six residents.

B) Public use recreation facilities, including marinas.

3) Uses expressly prohibited.

A) Single-family attached dwelling units.

B) Multi-family residential dwelling units.

C) Two-family (duplex) dwelling units.

D) Commercial land uses.

E) Industrial land uses.

F) Any use prohibited by town, state or federal law.

G) Manufactured homes (SDMH and RDMH).

H) Bed and breakfast inn.

4) Design standards.

A) Minimum lot area shall be .20 acres (8,500 square feet). Subdivisions may be designed to allow clustering of residential dwelling units; however, overall density may not exceed four dwelling units per acre.

B) Minimum lot width at the building setback line shall be 100 feet. Minimum lot widths may be reduced to 60 feet if clustering of units is provided.

C) Maximum building height shall not exceed 35 feet.

D) Minimum setback requirements:

1. Front yard setback:

a. Local roadway: 25 feet.

b. Collector roadway: 30 feet.

c. Arterial roadway: 50 feet.

2. Side yard setback when adjoining:

a. Another lot: Six feet.

b. Local roadway: 25 feet.

c. Collector roadway: 30 feet.

d. Arterial roadway: 50 feet.

3. Rear yard setback: 20 feet.

4. Where a front yard of lesser depth than required exists in front of dwellings on more than 60 percent of lots of record on one side of the street in any one block in an RS-4 district, the depth of the front yard for any building hereafter erected or replaced on any lot in such block need not be greater than the average depth of front yards of existing buildings.

E) The maximum impervious surface ratio (which includes building coverage) shall not exceed 45 percent.

F) Minimum floor area shall be not less than 1,000 square feet which does not include porches, garages, utility rooms, etc.

G) All lots zoned RS-4 must be served by a central sewer connection.

e) RS-6 "Single-family Medium Density." This district is established to implement comprehensive plan policies for the establishment of single-family dwellings in urban environments. It is also intended to provide relatively affordable, urban housing at a density not to exceed six dwelling units per acre.

1) Permitted uses.

A) Single-family detached dwelling units.

B) Guest or servant quarters not to exceed 30 percent of the living area of the principal dwelling unit pursuant to Miscellaneous Regulations chapter of this Code.

C) Customary accessory structures and uses incidental to the principal structure. Accessory structures shall be limited in size to a maximum of 25 percent of the square footage of the principal structure.

D) Community residential homes with one to six residents.

E) Home occupations pursuant to Miscellaneous Regulations chapter of this Code.

F) Agriculture. A minimum of five acres is required for the keeping, harboring or maintaining of livestock or fowl. Accessory structures and uses incidental to agricultural activity shall maintain a setback of 200 feet from any lot line. [begin add] In the event that a structure cannot be constructed because of the 200 foot setback, then the structure shall be as closely centered as possible between the property lines and shall maintain a minimum 50 foot setback from the property line. [end add]

G) Neighborhood recreational facilities.

H) Family child care homes.

2) Uses permitted as special exception use upon approval.

A) (Licensed) community residential homes with more than six residents.

B) Public use recreation facilities, including marinas.

3) Uses expressly prohibited.

A) Single-family attached dwelling units.

B) Two-family (duplex) dwelling units.

C) Multi-family residential dwelling units.

D) Commercial land uses.

E) Industrial land uses.

F) Bed and breakfast inns.

G) Manufactured homes (SDMH and RDMH).

H) Any use prohibited by Town, state or federal law.

I) Medical marijuana dispensaries.

J) Non-medical marijuana sales.

K) Cannabis farms.

4) Design standards.

A) Minimum lot area shall be 7,000 square feet if central sewer is provided. If central sewer facilities are not available, the minimum lot size is 12,500 square feet. Projects may be designed to allow clustering of residential units; however, overall density cannot exceed six dwelling units per acre.

B) Minimum lot width at the building setback line shall be 75 feet. If septic tanks are utilized, then the minimum lot width shall be 100 feet. Minimum lot widths may be waived if clustering of units is provided.

C) Minimum setback requirements:

1. Front yard setback:

a. Local roadway: 25 feet.

b. Collector roadway: 35 feet.

c. Arterial roadway: 50 feet.

2. Side yard setback when adjoining:

a. Another lot: Six feet.

b. Local roadway: 25 feet.

c. Collector roadway: 35 feet.

d. Arterial roadway: 50 feet.

3. Rear yard setback: 20 feet.

D) The maximum impervious surface ratio (which includes building coverage) shall not exceed 45 percent.

E) Minimum floor area shall be 1,000 square feet exclusive of porches, garages, utility rooms, etc.

F) Maximum building height is 35 feet.

f) MX-5 "Mixed Low Density Residential." This district is established to implement comprehensive plan policies for managing traditional single-family residential development at a density not to exceed five dwelling units per acre. This district is established to preserve the stability of existing and future residential neighborhoods, preserve open space, and manage future densities in order to assure a smooth transition between low-density residential and areas designated for more intense uses.

1) Permitted uses.

A) Single-family detached residential dwelling units.

B) Manufactured home, residential design (RDMH).

C) Customary accessory structures and uses incidental to the principal structure. Accessory structures shall be limited in size to a maximum of 25 percent of the square footage of the principal structure. Mobile Homes are subject to an allowance of 35 percent of the square footage of the principal structure.

D) Guest or servant quarters not to exceed 30 percent of living area of the principal dwelling unit pursuant to Miscellaneous Regulations chapter of this Code.

E) Home occupations pursuant to Miscellaneous Regulations chapter of this Code.

F) Community residential homes with one to six residents.

G) Agriculture. A minimum of five acres is required for the keeping, harboring or maintaining of livestock or fowl. Accessory structures and uses incidental to agricultural activity shall maintain a setback of 200 feet from any lot line. [begin add] In the event that a structure cannot be constructed because of the 200 foot setback, then the structure shall be as closely centered as possible between the property lines and shall maintain a minimum 50 foot setback from the property line. [end add]

H) Neighborhood recreational facilities.

I) Family child care homes.

2) Uses permitted as special exception use upon approval.

A) (Licensed) community residential homes with more than six residents.

B) Two-family (duplex) dwelling units.

C) Bed and breakfast inn: Small homestay.

D) Public use recreational facilities, including marinas.

3) Uses expressly prohibited.

A) Commercial land uses.

B) Industrial land uses.

C) Any use prohibited by Town, state or federal law.

D) Multi-family dwelling units.

E) Manufactured home, standard design (SDMH).

F) Medical marijuana dispensaries.

G) Non-medical marijuana sales.

H) Cannabis farms

4) Design standards.

A) Minimum lot area shall be 8,700 square feet if central sewer is provided. If central sewer is not available, then the minimum lot area shall be 12,500 square feet. Projects may be designed to allow clustering of residential units; however, overall density may not exceed five units per acre.

B) Minimum lot width at the building setback line shall be 75 feet or 100 feet if septic tanks are used. Minimum lot width may be waived if clustering of units is provided.

C) Minimum setback requirements:

1. Front yard setback:

a. Local roadway: 25 feet.

b. Collector roadway: 35 feet.

c. Arterial roadway: 50 feet.

2. Side yard setback when adjoining;

a. Another lot: Six feet.

b. Local roadway: 25 feet.

c. Collector roadway: 35 feet

d. Arterial roadway: 50 feet.

3. Rear yard setback: 20 feet.

4. Where a front yard of lesser depth than required exists in front of dwellings on more than 60 percent of lots of record on one side of the street in any one block in an MX-5 district, the depth of the front yard for any building hereafter erected or replaced on any lot in such block need not be greater than the average depth of front yards of existing buildings.

D) The maximum impervious surface ratio (which includes building coverage) shall not exceed 45 percent.

E) The minimum floor area shall be 850 square feet exclusive of garages, screen porches, utility rooms, etc.

F) The maximum building height shall not exceed 35 feet.

g) MX-8 "Mixed Residential Medium Density." This district is established to implement comprehensive plan policies to provide moderate density single-family and manufactured home dwelling units in urban environments at a density not to exceed eight dwelling units per acre and it is intended to serve as a transitional zone between multi-family and single-family residential uses.

1) Permitted uses.

A) Single-family detached dwelling units.

B) Single-family attached dwelling units.

C) Manufactured home, residential design (RDMH).

D) Two-family (duplex) dwelling units.

E) Guest or servant quarters not to exceed 30 percent of living area of the principal dwelling unit pursuant to Miscellaneous Regulations chapter of this Code.

F) Customary accessory structures and uses incidental to the principal structure. Accessory structures shall be limited in size to a maximum of 25 percent of the square footage of the principal structure. Mobile Homes are subject to an allowance of 35 percent of the square footage of the principal structure.

G) Home occupations pursuant to Miscellaneous Regulations chapter of this Code.

H) Community residential home facilities with one to six residents.

I) Agriculture. A minimum of five acres is required for the keeping, harboring or maintaining of livestock or fowl. Accessory structures and uses incidental to agricultural activity shall maintain a setback of 200 feet from any lot line. [begin add] In the event that a structure cannot be constructed because of the 200 foot setback, then the structure shall be as closely centered as possible between the property lines and shall maintain a minimum 50 foot setback from the property line. [end add]

J) Neighborhood recreational facilities.

K) Accessory uses such as laundries, community buildings, offices, swimming pools and recreational facilities shall be permitted subject to the following conditions:

1) The establishments shall not be advertised for patronage by the general public.

2) Recreational facilities shall in general be centrally located; in instances where recreational facilities are dedicated to the public, facilities may be located proximate to the exterior of the development such that traffic impacts are minimal to the residents of such development.

L) Family child care homes.

2) Uses permitted as special exception use upon approval.

A) (Licensed) community residential homes with more than six residents.

B) Public use recreational facilities, including marinas.

C) Restaurants, if they are part of the permitted use development.

3) Uses expressly prohibited.

A) Commercial land uses (except restaurants permitted by a special exception).

B) Industrial land uses.

C) Multi-family dwelling units.

D) Bed and breakfast inns.

E) Manufactured home, standard design (SDMH).

F) Any use prohibited by Town, state or federal law.

G) Medical marijuana dispensaries.

H) Non-medical marijuana sales

I) Cannabis farms.

4) Design standards.

A) Minimum lot area shall be 5,000 square feet should central utilities be provided but overall density cannot exceed eight units per acre. Should septic tanks be utilized then the minimum lot area shall be 12,500 square feet. Projects may be designed

to allow clustering of residential units; however, overall density cannot exceed eight units per acre.

B) Minimum lot width shall be 50 feet. Should septic tanks be utilized, then the minimum lot width shall be 100 feet. Minimum lot widths may be waived if clustering of units is provided.

C) Minimum setback requirements:

1. Front yard setback:

a. Local roadway: 20 feet.

b. Collector roadway: 35 feet.

c. Arterial roadway: 50 feet.

2. Rear yard setback: 10 feet. A rear yard setback of seven-and-a-half feet if adjoining an adjacent side yard for corner lots shall be permitted.

3. Side yard setback when adjoining:

a. Another lot: Five feet.

b. Local roadway: 20 feet.

c. Collector roadway: 35 feet.

d. Arterial roadway: 50 feet.

4. Where a front yard of lesser depth than required exists in front of dwellings on more than 60 percent of lots of record on one side of the street in any one block in an MX-8 district, the depth of the front yard for any building hereafter erected or replaced on any lot in such block need not be greater than the average depth of front yards of existing buildings.

D) The maximum impervious surface ratio (which includes building coverage) shall not exceed 60 percent in the development.

E) The minimum floor area shall be 800 square feet exclusive of garages, screened porches, utility rooms, etc.

F) The maximum building height shall not exceed 35 feet unless adequate fire protection measures are provided.

h) MH-9 "Manufactured Homes High Density." This district is established to implement comprehensive plan policies to provide for the establishment of manufactured home dwellings in urban environments at a density not to exceed four units per acre unless central sewer facilities are available at which time density is not allowed to exceed nine dwelling units per acre.

1) Permitted uses.

A) Manufactured home rental parks for the placement of residential design manufactured homes (RDMH).

B) Manufactured home subdivisions for the placement of residential design manufactured homes (RDMH).

C) Accessory uses such as laundries, community buildings, offices, swimming pools and recreational facilities shall be permitted subject to the following conditions:

1) The establishments shall not be advertised for patronage by the general public.

2) Recreational facilities shall in general be centrally located; in instances where recreational facilities are dedicated to the public, facilities may be located proximate to the exterior of the development such that traffic impacts are minimal to the residents of such development.

D) Agriculture. A minimum of five acres is required for the keeping, harboring or maintaining of livestock or fowl. Accessory structures and uses incidental to agricultural activity shall maintain a setback of 200 feet from any lot line. [begin add] In the event that a structure cannot be constructed because of the 200 foot setback, then the structure shall be as closely centered as possible between the property lines and shall maintain a minimum 50 foot setback from the property line. [end add]

E) Family child care homes.

F) Customary accessory structures and uses incidental to the principal structure. Accessory structures shall be limited in size to a maximum of 35 percent of the square footage of the principal structure.

G) Individual single-family dwelling units to be located on lots of record existing as of September 21, 2006. (Ord. 2006-68)

H) Individual Manufactured Home, Residential Design (RDMH) to be located on lots of record existing as of September 21, 2006. (Ord. 2006-68)

I) Home occupations pursuant to Miscellaneous Regulations chapter of this Code.

2) Uses permitted as special exception use upon approval.

A) Restaurants, if they are part of the permitted use development.

B) Manufactured home, standard design (SDMH).

3) Uses expressly prohibited.

A) Commercial land uses (except restaurants permitted as a special exception).

B) Industrial land uses.

C) Conventional single-family dwelling units.

D) Two-family (duplex) dwelling units.

E) Multi-family dwelling units.

F) Any use prohibited by Town, state or federal law.

G) Medical marijuana dispensaries.

H) Non-medical marijuana sales.

I) Cannabis farms.

4) Manufactured home rental park development standards.

A) The developer shall submit Master Park Plans at the time of application, prepared in accordance with the Design Standards subsection later in this section. Final Site Development Plans must be submitted in accordance with the improvement standards (i.e., water, sewer, drainage, etc.) in other chapters of this Code.

B) A manufactured home rental park shall be entirely enclosed, exclusive of driveways, at its external boundaries in accordance with the buffer class requirements of chapter 10, Section 3.

C) Manufactured homes shall meet the setback requirements in the Design Standards subsection later in this section.

D) There shall be at least two paved, off-street parking spaces for each home space, which shall be on the same site as the home served and may be located in the front or side yard of the home unit.

E) Streets, areas at the entrances to buildings used by occupants at night, and walkways shall be lighted.

F) All manufactured homes in all zoning districts that permit manufactured homes shall be skirted between the ground and floor of the manufactured home. The skirting material may be contiguous blocks, bricks, treated lumber, aluminum siding, or a suitable material as approved by the Building Official.

G) All lots should be permanently pinned (corner markers) at the corner points prior to issuance of certificate of occupancy.

5) Manufactured home subdivision development requirements.

A) The developer shall submit Master Park Plans at the time of application, prepared in accordance with the Design Standards subsection later in this section. Final Development Plans and a plat must be submitted in accordance with the criteria as established by chapter 7, Subdivisions and Plats, and shall meet the development, design and improvement standards for subdivisions as stated in other chapters of this Code.

6) Manufactured home subdivision, ownership limitations.

A) Any manufactured home subdivision in which any person, group, or company obtains ownership of 10 percent or more of the subdivision units for rental or leasing purposes, shall be deemed to be a manufactured home rental park and appropriate licenses and/or permits shall be obtained from the Town.

B) Any builder(s), owner(s), or developer(s) of a manufactured home subdivision who retains, or within a period of 18 months regains, possession of 10 percent or more of the subdivision units for purposes of rental or lease shall be subject to the regulations of the Town governing all aspects of manufactured home rental parks.

7) Design standards.

A) The minimum lot area shall be 5,000 square feet if central water and sewer facilities are provided. Should septic tanks be utilized then the minimum lot area shall be 12,500 square feet. Projects may be designed to allow clustering of residential units; however, overall density may not exceed nine units per acre. The lot shall be clearly defined by permanent markers.

B) The minimum lot width shall be 50 feet measured along the building setback line if central sewer is provided. If septic tank is used, minimum width is one hundred feet. Minimum lot widths may be waived if clustering of units is provided.

C) The maximum building height shall be 35 feet.

D) Minimum setback requirements:

1. Front yard setback:

a. Local platted roadway: 20 feet.

b. Collector roadway: 35 feet.

c. Arterial roadway: 50 feet.

d. Local private paved streets: 25 feet off of edge of pavement.

2. Side yard setback when adjoining;

a. Another lot: Five feet.

b. Local roadway: 25 feet.

c. Collector roadway: 35 feet.

d. Arterial roadway: 50 feet.

e. Interior paved streets: 20 feet.

3. Rear yard setback: 10 feet.

E) The minimum living area shall be 800 square feet exclusive of garages, screen porches, utility rooms, etc.

F) The maximum impervious surface ratio (which includes building coverage) shall not exceed 60 percent.

i) MF-12 "Multi-Family High Density Low Rise." This district is established to implement comprehensive plan policies for managing high density residential development at a density not to exceed four units per acre unless central sewer facilities are available at which time density is not allowed to exceed 12 units per acre. This district is established to ensure that sufficient land is available for high density residential development.

1) Permitted uses.

A) Single-family attached residential dwelling units.

B) Single-family detached residential dwelling units.

C) Two-family (duplex) residential dwelling units.

D) Manufactured home, residential design (RDMH).

E) Multi-family residential dwelling units.

F) Customary accessory structures and uses incidental to the principal structure. Accessory structures shall be limited in size to a maximum of 25 percent of the square footage of the principal structure. Manufactured Homes are subject to an allowance of 35 percent of the square footage of the principal structure.

G) Home occupations pursuant to Miscellaneous Regulations chapter of this Code.

H) (Licensed) community residential homes with more than six residents.

I) Bed and breakfast inns: Small and medium homestays.

J) Agriculture. A minimum of five acres is required for the keeping, harboring or maintaining of livestock or fowl. Accessory structures and uses incidental to agricultural activity shall maintain a setback of 200 feet from any lot line. [begin add] In the event that a structure cannot be constructed because of the 200 foot setback, then the structure shall be as closely centered as possible between the property lines and shall maintain a minimum 50 foot setback from the property line. [end add]

K) Neighborhood recreational facilities.

L) Family child care homes.

2) Uses permitted as special exception use upon approval.

A) Adult congregate living facilities.

B) Nursing homes and skilled nursing.

C) Day care centers.

D) Offices.

E) Small scale commercial land uses, 5,000 square feet (GFA) or less.

3) Uses expressly prohibited.

A) Manufactured home, standard design (SDMH).

B) Commercial land uses, over 5,000 square feet (GFA).

C) Industrial land uses.

D) Uses prohibited by Town, state or federal law.

E) Medical marijuana dispensaries.

F) Non-medical marijuana sales.

G) Cannabis farms.

4) Design standards for bed and breakfast inns.

A) There must be no appearance of commercial activity and the structure must maintain its residential character.

B) The number of rental rooms shall be limited to three for a small homestay and five for a medium homestay.

C) Parking Requirements: Two parking spaces for the dwelling, plus one space per guest room must be provided. The parking must be in the rear yard.

D) Signs: One sign not to exceed three square feet may be permitted to identify the establishment in residential zoning districts. The sign must be constructed of sand-blasted wood, ornamental iron, or other materials as approved. Portable and neon signs are prohibited.

E) Food Preparation: The only meal to be provided to guests shall be breakfast and it shall be served only to guests taking lodging in the facility. Meals shall be served only between the hours of 5:30 a.m. and 11:30 a.m.

F) The facility must be owner occupied and managed.

G) The architectural integrity of the interior of the existing structure must be maintained. The interior may not be structurally altered except as required to meet health, building, fire, safety and sanitation requirements.

H) Other conditions may be deemed necessary by the Town Commission to protect the health, safety and welfare of the general public.

5) General design standards.

A) The minimum lot area for single-family shall be 5,000 square feet if central sewer is provided. Should septic tanks be utilized then the minimum lot area shall be 12,500 square feet.

B) The minimum lot area for duplex units shall be 9,000 square feet if central sewer facilities are provided. Should septic tanks be utilized then the minimum lot area shall be 12,500 square feet.

C) The minimum lot area for multi-family units shall be 15,000 square feet.

D) Projects may be designed to allow clustering of residential units; however, overall density cannot exceed 12 units per acre.

E) The minimum lot width shall be 60 feet for single-family and duplex units if central sewer facilities are provided. If septic tanks are utilized the minimum lot width shall be 100 feet.

F) The minimum lot width shall be 100 feet for multi-family units.

G) Minimum lot widths may be waived if clustering of units is provided.

H) The minimum living area for single-family units shall be 800 square feet exclusive of garages, screen porches, utility rooms, etc.

I) The minimum living area for one-bedroom duplex and multi-family units shall be 550 square feet exclusive of garages, screened porches, utility rooms, etc.

J) The minimum living area for two-bedroom duplex and multi-family units shall be 700 square feet exclusive of garages, screen porches, utility rooms, etc.

K) The minimum living area for three or more bedroom duplex and multi-family units shall be 850 square feet exclusive of garages, screen porches, utility rooms, etc.

L) For maximum impervious surface ratio (including building coverage), height and setback requirements, see charts at the end of this section.

j) MF-18 "Multi-Family High Density 18." This district is established to implement comprehensive plan policies for managing high-density residential development where central sewer facilities are available. Density is not allowed to exceed 18 units per acre. This district is established to ensure that sufficient land is available for high-density residential development in close proximity to infrastructure, adequate collector or arterial corridors, and public and private services, thus providing residential opportunities including affordable housing options.

1) Permitted uses.

A) Single-family attached residential dwelling units.

B) Single-family detached residential dwelling units (i.e., courtyard villas).

C) Two-family (duplex) residential dwelling units.

D) Manufactured home, residential design (RDMH).

E) Multi-family residential dwelling units.

F) Customary accessory structures and uses incidental to the development (i.e.; maintenance units to support the operations of the development).

G) Home occupations pursuant to Miscellaneous Regulations chapter of this Code.

H) (Licensed) community residential homes with more than six residents.

I) Bed and breakfast inns: Small and medium homestays.

J) Neighborhood recreational facilities.

K) Family child care homes.

2) Uses permitted as special exception use upon approval.

A) Adult congregate living facilities.

B) Nursing homes or skilled nursing.

C) Day care centers.

D) Offices.

E) Small scale commercial land uses, 5,000 square feet (GFA) or less.

3) Uses expressly prohibited.

A) Manufactured home, standard design (SDMH).

B) Commercial land uses, over 5,000 square feet (GFA).

C) Industrial land uses.

D) Uses prohibited by Town, state or federal law.

E) Medical marijuana dispensaries.

F) Non-medical marijuana sales.

G) Cannabis farms.

4) Design standards for bed and breakfast inns.

A) There must be no appearance of commercial activity and the structure must maintain its residential character.

B) The number of rental rooms shall be limited to three for a small homestay and five for a medium homestay.

C) Parking requirements: Two parking spaces for the dwelling, plus one space per guest room must be provided. The parking must be in the rear yard.

D) Signs: One sign not to exceed three square feet may be permitted to identify the establishment in residential zoning districts. The sign must be constructed of sand-blasted wood, ornamental iron, or other materials as approved. Portable and neon signs shall not be allowed.

E) Food preparation: The only meal to be provided to guests shall be breakfast and it shall be served only to guests taking lodging in the facility. Meals shall be served only between the hours of 5:30 a.m. and 11:30 a.m.

F) The facility must be owner-occupied and managed.

G) The architectural integrity of the interior of the existing structure must be maintained. The interior may not be structurally altered except as required to meet health, building, fire, safety and sanitation requirements.

H) Other conditions may be deemed necessary by the Town Commission to protect the health, safety and welfare of the general public.

5) General design standards.

A) The minimum lot area for single-family detached shall be 4,500 square feet if central sewer is provided. Should septic tanks be utilized then the minimum lot area shall be 12,500 square feet.

B) The minimum lot area for duplex units shall be 9,000 square feet if central sewer facilities are provided. Should septic tanks be utilized, then the minimum lot area shall be 12,500 square feet.

C) The minimum lot area for single-family attached shall be 3,000 square feet and the use shall be permitted only if central sewer is available.

D) Projects may be designed to allow clustering of residential units; however, overall density cannot exceed 18 units per acre.

E) The minimum lot width shall be 50 feet for single-family detached and duplex units if central sewer facilities are provided. If septic tanks are utilized, the minimum lot width shall be 100 feet. The minimum lot width for single-family attached shall be 24 feet.

F) The minimum tract width for a multi-family development shall be 100 feet for multi-family units.

G) Minimum lot widths may be waived if clustering of units is provided.

H) The minimum living area for single-family units shall be 800 square feet exclusive of garages, screen porches, utility rooms, etc.

I) The minimum living area for one bedroom duplex and multi-family units shall be 550 square feet exclusive of garages, screened porches, utility rooms, etc.

J) The minimum living area for two bedroom duplex and multi-family units shall be 700 square feet exclusive of garages, screen porches, utility rooms, etc.

K) The minimum living area for three or more bedroom duplex and multi-family units shall be 850 square feet exclusive of garages, screen porches, utility rooms, etc.

L) For maximum impervious surface ratio (including building coverage), height and setback requirements, see charts at the end of this section.

k) RP "Residential Professional." This district is established to implement comprehensive plan policies for managing transitional areas where existing residential structures can be utilized for personal and professional services and not adversely affect adjacent property. The density cannot exceed four units per acre unless central sewer facilities are available at which time density is not allowed to exceed 12 units per acre.

1) Permitted uses.

A) Single-family detached dwelling units.

B) Two-family (duplex) dwelling units.

C) Customary accessory structures and uses incidental to the principal structure. Accessory structures shall be limited in size to a maximum of 25 percent of the square footage of the principal structure.

D) Business services.

E) Offices.

F) Financial services.

G) Personal services.

H) Multi-family dwelling units.

I) Medical offices and clinics.

J) Bed and breakfast inns: Small and medium homestays (See Design Standards for Bed and Breakfast Inns in the MF-12 zoning section).

K) Agriculture. A minimum of five acres is required for the keeping, harboring or maintaining of livestock or fowl. Accessory structures and uses incidental to agricultural activity shall maintain a setback of 200 feet from any lot line. [begin add] In the event that a structure cannot be constructed because of the 200 foot setback, then the structure shall be as closely centered as possible between the property lines and shall maintain a minimum 50 foot setback from the property line. [end add]

L) Family child care homes.

2) Uses permitted as special exception use upon approval.

A) Banks.

B) Day care centers.

C) Health and exercise clubs.

D) Office and warehouse facilities.

E) Veterinary clinics.

3) Uses expressly prohibited.

A) Manufactured homes (RDMH and SDMH).

B) Wholesalers and distributors.

C) Industrial land uses.

D) Retail sales.

E) Adult entertainment.

F) Commercial recreational facilities.

G) Uses prohibited by Town, state or federal law.

H) Medical marijuana dispensaries.

I) Non-medical marijuana sales.

J) Cannabis farms.

4) Design standards.

A) The maximum impervious surface ratio (which includes building coverage) shall be limited to 75 percent.

B) The maximum building height is 35 feet unless adequate fire protection measures are provided.

C) The minimum lot area shall be 10,000 square feet if central sewer facilities are provided. Should septic tanks be utilized the minimum lot area shall be 12,500 square feet. Projects may be designed to allow clustering of residential units; however, overall density may not exceed 12 units per acre.

D) The minimum lot width shall be 100 feet. Minimum lot widths may be waived if clustering of units is provided.

E) Minimum setback requirements:

1. Front yard setback:

a. Local roadway: 25 feet.

b. Collector roadway: 30 feet.

c. Arterial roadway: 50 feet.

2. Side and rear setbacks shall be equivalent to those used for proposed land use as identified in the individual sections.

l) CT "Commercial Tourist." This district is established to implement comprehensive plan policies for managing tourist related facilities.

1) Permitted uses.

A) Hotels or motels.

B) Bed and breakfast inns: Small and medium homestays. (See Design Standards for Bed and Breakfast Inns in the MF-12 zoning section)

C) Agriculture: A minimum of five acres is required for use as pasture. [begin add] In the event that a structure cannot be constructed because of the 200 foot setback, then the structure shall be as closely centered as possible between the property lines and shall maintain a minimum 50 foot setback from the property line. [end add]

D) Home occupations pursuant to Miscellaneous Regulations chapter of this Code, where RV parks are in existence.

2) Uses permitted as special exception use upon approval.

A) Commercial recreational facilities.

B) Recreational vehicle (RV) parks.

3) Uses expressly prohibited.

A) Single-family residential.

B) Multi-family residential.

C) Industrial land uses.

D) Wholesalers and distributors.

E) Retail commercial land uses.

F) Any use prohibited by Town, state or federal law.

G) Campgrounds.

H) Sweepstakes cafes or establishments housing simulated gaming devices.

I) Medical marijuana dispensaries.

J) Non-medical marijuana sales.

K) Cannabis farms.

4) Design standards.

A) The minimum lot area shall be 15,000 square feet.

B) Setbacks of the CT "Commercial Tourist" zoning designation shall be governed by the requirements as set forth in Chapter 20 (Commercial Design Standards).

D) The maximum impervious surface ratio (which includes building coverage) shall be limited to 80 percent.

E) Maximum building height is 35 feet unless adequate fire protection measures are provided.

F) The density shall not exceed 12 units per acre.

m) LC "Light Commercial." This district is established to implement comprehensive plan policies for managing transitional areas between residential land uses and more intense commercial and industrial uses. This district is established to provide sufficient land for residential dwellings at a density not to exceed four units per acre unless central sewer facilities are available at which time density is not allowed to exceed 12 units per acre and general retail sales and services.

1) Permitted uses.

A) Offices.

B) Personal services.

C) Convenience stores without fuel operations.

D) Laundry and dry-cleaning retail stores.

E) Day care centers.

F) Adult congregate living facilities or skilled nursing.

G) (Licensed) Community residential homes with more than six residents.

H) Clubs, lodges and fraternal organizations.

I) Financial services.

J) Office supplies.

K) Retail sales and services.

L) Business services.

M) Bed and breakfast inns: Small and medium homestays. (See Design Standards for Bed and Breakfast Inns in the MF-12 zoning section).

N) Office complex.

O) Maintenance contractors.

P) Medical offices or clinics.

Q) Multi-family dwelling units.

R) Manufactured home sales and services.

S) Office condominiums.

T) Agriculture: A minimum of five acres is required for use as pasture. [begin add] In the event that a structure cannot be constructed because of the 200 foot setback, then the structure shall be as closely centered as possible between the property lines and shall maintain a minimum 50 foot setback from the property line. [end add]

U) Agriculture: Processing (except for packing and slaughter houses).

V) Martial arts studios.

2) Uses permitted as a special exception use upon approval.

A) Convenience stores with fuel operations.

B) Restaurants.

C) Banks.

D) Athletic or sports facilities.

E) Commercial recreation facilities.

F) Health or exercise clubs.

G) Mini-storage warehouses.

H) Veterinary clinics.

I) Offset printing.

J) Wholesalers and distributors.

K) Office or warehouse facilities.

L) Accessory structures, which may include a residence, and uses incidental to agricultural activity.

M) Manufacturing: Craftsman shops.

N) Tattoo parlors.

O) Internet cafés (cybercafé).

P) Massage parlors.

Q) Religious facilities.

3) Uses expressly prohibited.

A) Manufacturing: processing.

B) Adult entertainment.

C) RV parks.

D) Uses prohibited by Town, state and federal law.

E) Agriculture: processing-packing and slaughter houses.

F) Sweepstakes cafes/establishments housing simulated gaming devices.

G) Medical marijuana dispensaries.

H) Non-medical marijuana sales.

I) Cannabis farms.

4) Design standards.

A) The maximum impervious surface ratio (which includes building coverage) shall be limited to 80 percent.

B) Maximum building height of 35 feet unless adequate fire protection measures are provided.

C) No minimum lot size is required.

D) No minimum lot width is required.

E) Setbacks of the LC "Light Commercial" zoning designation shall be governed by the requirements as set forth in Chapter 20 (Commercial Design Standards).

n) HC "Heavy Commercial/Wholesale Commercial." This district is established to implement comprehensive plan policies for managing commercial development. This district is designed to accommodate general retail sales and services and wholesale services.

1) Permitted uses.

A) Adult or vocational education.

B) Appliance or electronic repair shops.

C) Athletic or sports facilities.

D) Auction houses.

E) Banks.

F) Bars, lounges, and night clubs. (It shall be unlawful to operate a bar, lounge or night club within 200 feet of property owned or used by a church or school. Measurement shall be from the structure of the establishment to the nearest property line of the church or school.)

G) Business services.

H) Commercial or industrial equipment and supplies.

I) Convenience stores without fuel operations.

J) Day care centers.

K) Adult care facility.

L) Financial services.

M) Furniture and appliance stores.

N) Commercial recreational facilities.

O) Health or exercise clubs.

P) Hotels or motels.

Q) Kennels: boarding.

R) Contractors office.

S) Medical offices or clinics.

T) Motor vehicle sales.

U) Motor vehicle service centers.

V) Motor vehicle service stations.

W) Offices.

X) Office complex.

Y) Office supplies.

Z) Personal services.

AA) Restaurants.

BB) Retail home building materials.

CC) Retail sales and services.

DD) Shopping centers.

EE) Theaters.

FF) Transportation services.

GG) Wholesales and distributers.

HH) Veterinary clinics.

II) (Licensed) community residential homes with more than six residents.

JJ) One single-family dwelling unit for owners or caretakers residence.

KK) Offset printing.

LL) Multi-family dwelling units.

MM) Taxidermy.

NN) Plumbing contractors.

OO) Agriculture: A minimum of five acres is required for use as pasture.

PP) Agriculture: Processing (except for packing and slaughter houses).

QQ) Martial arts studios.

RR) Car washes.

2) Uses permitted as a special exception use upon approval.

A) Gun and archery ranges.

B) Accessory structures and uses incidental to agricultural activities. [begin add] In the event that a structure cannot be constructed because of the 200 foot setback, then the structure shall be as closely centered as possible between the property lines and shall maintain a minimum 50 foot setback from the property line. [end add]

C) Trucking terminals.

D) Farmers markets.

E) Motor vehicle repair facilities.

F) Motor vehicle towing and impoundment facilities.

G) Games or video arcades.

H) Boat sales.

I) Convenience stores with fuel operations.

J) Equipment rental.

K) Contractor offices with enclosed storage area.

L) Mini storage warehouses.

M) Mobile home sales.

N) Motor vehicle, RV and boat storage facilities.

O) Motor vehicle dealer sales.

P) Tattoo parlors.

Q) Internet cafés (cybercafé).

R) Massage parlors.

S) Religious facilities.

T) Medical marijuana dispensaries.

3) Uses expressly prohibited.

A) Industrial uses.

B) Adult entertainment.

C) RV parks.

D) Flea markets.

E) Agriculture: processing-packing and slaughter houses.

F) Pawn shops.

G) Uses prohibited by Town, state and federal law.

H) Sweepstakes cafes or establishments housing simulated gaming devices.

I) Non-medical marijuana sales.

J) Cannabis farms.

4) Design standards.

A) The maximum impervious surface ratio (which includes building coverage) shall be limited to 80 percent.

B) Maximum building height of 35 feet unless adequate fire protection measures are provided.

C) Density is limited to four units per acre unless central sewer facilities are available at which time densities shall not exceed 12 units per acre.

D) No minimum lot size is required.

E) No minimum lot width is required.

F) Setbacks of the HC "Heavy Commercial" zoning designation shall be governed by the requirements as set forth in Chapter 20 (Commercial Design Standards).

o) I "Industrial." This district is established to implement comprehensive plan policies for managing industrial development and to provide development for wholesale commercial uses and limited industrial operations engaged in fabricating, repair, or storage of manufactured goods where no objectionable by-products of the activity (such as odors, smoke, dust, refuse, electro-magnetic interference, noise in excess of that customary to loading, unloading, and handling of goods and materials) are noticeable beyond the lot on which the facility is located. No hazardous materials may be utilized by the industrial operations permitted in this district. The location of such districts shall take into consideration access to rail and terminal facilities, major arterial roadways, labor markets and necessary urban services. Such districts shall be accessible to major thoroughfares and buffered from residential neighborhoods.

1) Permitted uses.

A) All permitted HC district uses.

B) Agriculturally related industries. [begin add] In the event that a structure cannot be constructed because of the 200 foot setback, then the structure shall be as closely centered as possible between the property lines AND Shall maintain a minimum 50 foot setback from the property line. [end add]

C) Boat repairs.

D) Commercial or industrial services.

E) Construction contractor's yard and storage.

F) Distribution centers.

G) Laboratory or research and development.

H) Laundry or dry-cleaning plants.

I) Manufacturing: Craftsman shops.

J) Manufacturing: Fabrication.

K) Manufacturing: Processing.

L) Motor vehicle repair facilities.

M) Motor vehicle towing and impoundment facilities.

N) Trucking terminals.

O) Warehousing.

P) Offset printing.

Q) Wholesalers and distributors.

R) Accessory structures and uses incidental to agricultural activities.

2) Uses permitted as a special exception use upon approval. One single-family residential dwelling unit on the site of a permitted use to be used exclusively by a caretaker.

3) Uses expressly prohibited.

A) Residential dwelling units except as allowed above.

B) Adult entertainment.

C) Uses prohibited by Town, state and federal law.

D) Used motor vehicle parts yards.

E) Agriculture: processing-packing and slaughter houses.

F) Medical marijuana dispensaries.

G) Non-medical marijuana sales.

H) Cannabis farms.

4) Design standards.

A) The maximum impervious surface ratio (which includes building coverage) shall be limited to 75 percent.

B) Maximum building height is 35 feet unless adequate fire protection measures are provided.

C) No minimum lot size is required.

D) No minimum lot width is required.

E) Minimum setback requirements:

1. Front yard setback:

a. Local roadway: 25 feet.

b. Collector roadway: 30 feet.

c. Arterial roadway: 50 feet.

2. Rear Yard Setback: 25 feet.

3. Side yard setback when adjoining:

a. Another lot: 25 feet.

b. Local roadway: 25 feet.

c. Collector roadway: 30 feet.

d. Arterial roadway: 50 feet.

Downloads