The regulations hereinafter set forth in this section qualify or supplement, as the case may be, the district height regulations appearing elsewhere in this article. The fire chief shall be consulted in cases where a height increase is requested to ensure proper fire and safety protection.
(1) 
The height regulations prescribed herein shall not apply to church spires or belfries, water tanks, fire towers, cooling towers, chimneys, and flagpoles.
(Ordinance 17-804 adopted 5/8/17)
The regulations hereinafter set forth in this section qualify or supplement as the case may be, the district yard regulations appearing elsewhere in this article.
(1) 
Every part of a required yard shall be open to the sky, unobstructed by a building or structure, except for the following:
(A) 
Accessory buildings in a side or rear yard meeting the requirements of division 6, “accessory structure and use regulations”;
(B) 
The projection of sills, belt courses, cornices, and ornamental features not to exceed twenty-four inches (24") and roof eaves not to exceed thirty-six inches (36");
(C) 
Open fire escapes, required by law, projecting into a side or rear yard not more than five feet (5');
(D) 
Terraces, uncovered porches and ornamental features which do not extend more than three feet (3') above the floor level of the ground story, provided these projections be a distance of at least two feet (2') from the adjacent side lot line.
(2) 
Except for one- and two-family residential districts, more than one main building may be located upon a lot or tract, but only when such buildings conform to all open space requirements around the lot for the district in which the lot or tract is located.
(3) 
Where a lot has frontage on two streets, such as a corner lot or double frontage lot, each frontage shall be a required front yard unless shown specifically otherwise on an approved final plat.
(4) 
Front yard measurements and considerations:
(A) 
The front yard shall be measured from the front property line to the front face of the building, covered porch or covered terrace.
(B) 
Eaves and roof extensions or a porch without posts or columns may project into the required front yard setback for a distance not to exceed three feet (3').
(C) 
The front yards herein established shall be adjusted in the following cases:
(i) 
Where forty percent (40%) or more of the frontage on the same side of a street between two intersecting streets is presently developed or may hereafter be developed with buildings that have a front yard greater or lesser in depth than herein required, but not more than five feet (5') in variation, then new buildings shall not be erected closer to the street than the average front yard so established by the existing buildings.
(ii) 
Where forty percent (40%) or more of the frontage on the same side of a street between two intersecting streets is presently developed or may hereafter be developed with buildings that have a front yard greater or lesser in depth than herein required, and more than five feet (5') in variation, then:
a. 
A building that is to be erected on a parcel of land that is within one hundred feet (100') of existing buildings on both sides, the minimum front yard shall be a line drawn between the two closest front corners of the adjacent building on each side; or
b. 
Where a building is to be erected on a parcel of land that is within one hundred feet (100') of an existing building on one side only such building may be erected as close to the street as existing adjacent buildings.
(Ordinance 17-804 adopted 5/8/17)
Where a lot at the time of the effective date of this chapter has less area or width than herein required for lots in the district in which it is located, and the owner of such lot does not own any other adjacent parcel or tract, said lot may used for a one-family dwelling or for any other nondwelling use permitted in the district in which it is located. In such cases, the setback requirements for the district in which the lot is located shall be proportionally applied based on the existing lot proportion to the minimum lot size identified for the district. In the case of the front yard setback, it shall either remain as required in the district in which the lot is located or it may be equal to that of the adjacent lots.
(Ordinance 17-804 adopted 5/8/17)
(a) 
Natural gas compressor stations (the station complex) shall require a specific use permit (SUP) in all districts, in accordance with article 14.08, division 2, “specific use regulations.”
(1) 
A building permit shall be required for the station complex.
(2) 
The station complex shall be situated on a platted lot approved by the town and recorded in the local county jurisdiction.
(b) 
A minimum building setback for all compressor station buildings and equipment shall be established and maintained for all yards at the distances specified for the zoning district adjoining the station complex as shown below.
(1) 
Table of building setbacks for compressor station buildings and equipment.
Adjoining Zoning District
(applied to both base zoning and PD districts)
Required Building Setback
(in feet - applied to all yards)
R-1
300
R-2
300
R-3
300
R-4
300
C-1
300
C-2
300
C-3
300
C-4
300
L-I
200
PRC
300
PPC
300
(2) 
Where an adjoining planned development (PD) district contains more than one base zoning district, the most restrictive building setback shall be applied.
(3) 
Where a compressor station site adjoins a street right-of-way, the required building setback along that right-of-way shall be established by the zoning district designated for the property situated on the opposite side of the right-of-way.
(c) 
All compressor station sites shall have screening fences along each boundary line: that fronts a dedicated public street right-of-way of any type; or that fronts a private street right-of-way dedicated for public use; or alongside rear boundaries that have any portion located within three hundred feet (300') of a residential lot. The screening wall shall be an approved masonry material of sufficient height and design to reasonably obscure the entire station complex from public view.
(d) 
All compressor station equipment and sound attenuation structures shall be enclosed within a building. Such building shall be designed with the following requirements:
(1) 
All building elevations shall have walls constructed entirely of masonry, excluding doors and windows in the elevation, if the elevation: fronts a dedicated public street right-of-way of any type; or fronts a private street right-of way dedicated for public use; or that is an elevation reasonably visible from a residential lot that is within three hundred feet (300') of the boundary of the compressor station site. Doors and windows in such walls are limited to twenty percent (20%) of the area of the elevation.
(2) 
Building elevations shall be constructed of at least forty percent (40%) masonry, excluding doors and windows in the elevation, if the building elevation: does not have frontage to a dedicated public street right-of way of any type; or does not front a private street right-of-way dedicated for public use; or that is not an elevation reasonably visible from a residential lot that is within three hundred feet (300’) of the boundary of the compressor station site. Doors and windows in such walls are limited to twenty percent (20%) of the area of the elevation.
(3) 
The nonmasonry exterior wall surfaces may be constructed of painted metal, stucco or cementious fiberboard material. Engineered wood paneling shall not be permitted for the finished exterior.
(4) 
The roof shall be sloped with a pitch of no less than five to twelve (5:12) and shall contain at least one raised structure in the form of a clearstory element or similar structure. No flat roofs shall be permitted.
(5) 
The architectural design of the building shall be compatible with the visual context of the surrounding development. Such buildings may be designed as a representation of, but not be limited to, the following building types:
(A) 
Estate residence
(B) 
School facility or similar institutional use
(C) 
Gazebo or picnic area enclosures
(D) 
Club house or recreational facility
(E) 
Retail or office building
(F) 
Any combination of the above as approved by the town
(G) 
Vehicular access to the boundaries of the station complex from the street thoroughfare shall be paved with a concrete surface at a thickness and design reasonably approved by the town engineer or designee. This provision shall also apply to those areas inside the boundaries of the station complex where vehicular traffic and parking is to occur.
(6) 
The compressor station site shall be landscaped in a manner that is compatible with the environment and existing surrounding area.
(Ordinance 17-804 adopted 5/8/17)
No coin-operated amusement machine, as herein defined, shall be exhibited, displayed or used at any location in the town, irrespective of zoning classification, within three hundred feet (300') of a church, school or hospital.
(Ordinance 17-804 adopted 5/8/17)
The purpose of these regulations is to control the use and location of portable storage units. These units are typically known by the names: PODS (portable on-demand storage units), SAM (store and move), SmartBox USA, and UNITS.
(1) 
Characteristics.
(A) 
These types of units are typically used for moving and temporary storage during construction. The unit is transported to a property, filled by the renter of the unit and is then transported to a new site for unpacking or stored at the facility of the portable storage unit owner.
(B) 
For the purposes of this section, the term “portable storage unit” shall mean any rentable or leasable enclosed unit of durable construction or material, generally starting at a minimum size of five feet (5') in width by seven feet (7') in height by eight feet (8') long, designed for temporary storage, which can be transported by truck, left on site or are filled and removed and stored at a central location.
(2) 
General regulations.
Portable storage units may be permitted as a temporary use in any zoning district as follows:
(A) 
Location and timeframe.
(i) 
Temporary use for new construction.
If used for new construction, portable storage units are to be removed within three (3) calendar days after the unit is no longer necessary or construction is complete, whichever is sooner.
(ii) 
Residential districts.
a. 
If used by an occupant of a property for moving or relocating, a portable storage unit shall only be located on a paved surface on the property (e.g. driveway).
b. 
The portable storage unit shall not be located on the property for a period of more than fourteen (14) consecutive days during each calendar year.
(iii) 
Commercial and industrial districts.
a. 
Portable storage units are permitted in any nonresidential district for temporary on site storage if screened from public view and not occupying required off-street parking spaces as reviewed and approved by the zoning administrator.
b. 
When permitted, a portable storage unit shall only be located on a paved surface on the property for no more than ninety (90) consecutive days. The zoning administrator may grant extensions if appropriate.
(B) 
Prohibitions.
(i) 
No portable storage unit shall be used for human or animal occupation.
(ii) 
Portable storage units larger than eight feet (8') in width by eight feet (8') in height by sixteen feet (16') in length shall be prohibited in the town unless expressly permitted by the board of adjustments.
(iii) 
Only one portable storage unit shall be permitted on the property at any time.
(iv) 
No portable storage unit shall be located in or on a public right-of-way.
(v) 
No electrical or plumbing service shall be connected to or provided in the portable storage unit.
(vi) 
No portable storage unit shall be placed in a manner blocking a sidewalk.
(C) 
Units must be secured.
Portable storage units shall be fully secured at all times including the use of a locking device on the door to prohibit unauthorized entry into the unit.
(D) 
Public nuisance.
The placement of any portable storage unit shall be located in such a manner on any property as not to create a public nuisance such as creating a motor vehicle visibility issue or storing hazardous materials.
(Ordinance 17-804 adopted 5/8/17)
(a) 
Application.
The following requirements shall apply to all uses that utilize dumpsters, recycling and trash handling containers. Dumpsters, recycling and trash handling containers shall be accessory to a principal building on a lot. These provisions do not apply to recycling containers or trash containers utilized by individual residential users for the town’s regularly scheduled trash and recycling pickup.
(1) 
Dumpsters, recycling, trash handling and related service equipment shall be in compliance with the setback requirements for accessory structures as determined by the zoning district in which such structures are located, and shall not be placed on a town owned right-of-way.
(2) 
The dumpster (other than a construction dumpster), recycling container, trash handling container and/or related equipment shall be located on a concrete pad constructed of sufficient strength for the equipment including vehicles that will empty the units.
(3) 
All such containers shall be serviced and emptied as needed to prevent items from being located outside of the unit.
(4) 
The user shall maintain the area surrounding the unit free of any junk, debris or other material and shall be responsible to the extent provided by law for the cost to abate any violation.
(5) 
Hazardous or dangerous materials or liquids shall not be permitted in any dumpsters, recycling container or trash handling container.
(6) 
All such containers shall be located in such a manner on any property as not to create a public nuisance such as creating a motor vehicle visibility issue.
(b) 
Provisions pertaining to construction dumpsters.
Construction dumpsters and containers that are associated with work that has been permitted through the town shall be removed within three (3) calendar days after construction is complete. If a construction dumpster is not associated with work that has been permitted through the town, the dumpster shall not remain on site for more than 14 consecutive days.
(1) 
As much as reasonably feasible, the construction dumpster shall be placed on an improved surface and out of public view. A construction dumpster shall not be placed on town owned right-of-way.
(2) 
Construction dumpsters and containers shall contain the following contact information in a minimum of two inch type on at least one side of the unit: the name, address, and phone number of the unit owner.
(Ordinance 19-851 adopted 12/9/19)