From and after the date of the final adoption
of this chapter, no building shall thereafter be used, and no building
or part thereof shall be erected, reconstructed, converted, enlarged,
moved, or structurally altered unless accomplished within the provisions
of this chapter.
Every building hereafter erected, reconstructed,
converted, moved or structurally altered shall be located on a lot
of record, and in no event shall there be more than one main building
on any one lot unless otherwise provided for in this chapter.
The minimum yards, height limits, parking spaces
and open spaces, including lot area per family, required by this chapter
for each and every building existing at the time of passage of this
chapter or for any building hereafter erected shall not be encroached
upon or considered as required yard or open space for any other building,
except as hereinafter provided, nor shall any lot area or lot dimensions
be reduced below the requirements of the provisions of this chapter.
No accessory building shall be constructed more
than six months prior to beginning construction of the main building.
No accessory building shall be used for more than six months unless
the main building on the lot is also being used or unless the main
building is under construction.
For the purposes of this chapter, permitted
uses are listed for the various districts. Unless the contrary is
clear from the context of the lists of permitted uses or other provisions
of this chapter, uses not specifically listed are prohibited.
Height, area and bulk regulations applicable to each district are contained in a chart or table in Article XXI.[1] The table, and all of the notations and requirements which
are shown in it or which accompany it shall be a part of this chapter
and have the same force and effect as if all of the notations and
requirements were fully set forth or described herein. In general,
the provisions of this chapter applicable to a particular district
are contained in the table to the right of the district name and between
the same sets of horizontal lines which contain the district name.
Regulations which apply to more than one district are indicated by
an extension across horizontal lines as shown on the chart or table.
[1]
Editor's Note: See the Table of Height, Area
and Bulk Requirements located at the end of this chapter.
In any district where an ornamental fence or
wall is allowed, it may not measure more than four feet in height
or project into or enclose any required front yard to a depth from
the street line equal to the required depth of the front yard; provided,
however, that no such ornamental fence or wall may be erected which
shall obstruct the view of any motorist. Ornamental fences or walls
may project into or enclose other required yards, provided that such
fences and walls do not exceed a height of six feet; provided, however,
that no such ornamental fence or wall may be erected which shall obstruct
the view of any motorist. Such fences and walls may be constructed
at the property line.
[Amended 8-30-2000 by Ord. No. 00-08-02]
A.
Any outdoor swimming pool, whether located above or
below ground, may occupy a required rear or side yard, provided that
they are not located closer than 10 feet to an interior side lot line
or 10 feet from a rear lot line. A walk space, at least three feet
wide, shall be provided between pool walls and protective fences or
barrier walls.
B.
All pools shall be enclosed by a fence, constituting
a barrier to small children, not less than 46 inches in height, equipped
with at least one gate, which shall be self-latching. Split rail fences
or similar fences that are not secure or provide easy access to the
pool shall not be used. Private swimming pools of the above ground
type which have vertical walls of at least 46 inches from ground level
and removable steps shall not be required to be fenced, but it shall
be the duty of the owner to see that the steps are removed from the
aboveground swimming pool and taken indoors or otherwise locked up
when it is not in use by or under the supervision of the owner or
other designated responsible person of the premises upon which it
is installed.
Two accessory buildings, as defined in this
chapter, without any plumbing and used solely for domestic storage,
but excluding the storage of any motor vehicle having a gross weight
in excess of 1,000 pounds, may be erected, constructed or installed
in any district, provided that such accessory buildings are detached
from and located to the rear of the main building and each shall have
two side yards, each of which shall be at least three feet in width
and one rear yard at least three feet in depth and, provided, further,
that each such building shall not exceed a maximum height of 10 feet
or more than 180 square feet in area.
Any television antenna or other device erected,
placed or installed on any property to receive television signals
shall be considered to be an accessory building and shall be erected,
installed or placed at the rear of the main building located on the
property and shall comply with all setbacks in the district in which
the property is located. No television antenna shall be higher than
35 feet and no television antenna shall be placed in such a manner
that it endangers any building located on any adjoining property.
Any television antenna or other device installed to receive television
signals which is erected, installed, emplaced or attached on or to
any building shall be so erected, installed, emplaced or attached
in such a manner that the maximum height, including that of the building,
shall not exceed 35 feet. Any device other than a television antenna
used to receive a television signal shall not exceed a maximum size
of four feet in diameter when located on a building or 10 feet in
diameter when installed, emplaced or erected as an accessory building
to the rear of the principal building.
All charitable or nonprofit sponsored fund-raising
events of a temporary nature, including but not limited to circuses,
carnivals, fairs, flea markets, public celebrations or observances,
shall be permitted in all districts pursuant to any or all Town ordinances
regulating such activities.
[Added 1-8-1992 by Ord. No. 90-001; amended 12-16-1992 by Ord. No. 93-001]
The storage of employment, construction or business
oriented materials or equipment for use off site outside of an enclosed
building shall be prohibited in the UR1 Urban Residential District,
UR2 Medium Residential District, UR3 Neighborhood Residential District,
UB2 Neighborhood Business District, UB3 Professional Business District
and HD Historic District and shall be properly stored in an orderly
manner in all other districts.
[Added 1-8-1992 by Ord. No. 90-001]
When commercial, business or industrial development
is proposed near a residential district or any lot upon which there
is a dwelling as a permitted use, the Planning Commission may require
the installation of a continuous visual screen consisting of a compact
evergreen hedge, trees, foliage screening, landscaping, a louvered
wall and/or fence of a size and design approved by the Planning Commission.
[Added 1-8-1992 by Ord. No. 90-001]
When public safety, traffic patterns or the
character of a neighborhood can be improved or enhanced, the Planning
Commission may require the installation of storm drainage, curbing
and/or sidewalks along any or all proposed or adjacent state, Town
or privately maintained roadways as approved by the Planning Commission,
landscaping, parks or playgrounds, or the widening or resurfacing
of any street for existing or proposed projects or developments located
within any district.
[Added 1-8-1992 by Ord. No. 90-001]
In any major or minor subdivision in a UR1 Urban
Residential District, the minimum lot depth may be decreased to 100
feet on those lots whose minimum lot area is 10,000 square feet.
