No building or land may hereafter be used or occupied and no
building or part thereof may be erected, moved or altered unless in
conformity with the regulations herein specified for the district
in which it is located.
No part of a yard or other open space required about any building,
structure or use for the purpose of complying with the provisions
of this chapter may be included as part of a yard or other open space
similarly required for another building, structure or use. Each site
shall have only one principal building, structure, or use.
Unless otherwise stated, these regulations shall apply only
to the specific zoning district as stipulated herein.
Following the effective date of this chapter:
A.
Any use not permitted by this chapter shall be deemed to be prohibited.
B.
Every principal dwelling structure and its accessory structure(s),
except as otherwise provided for under the Planned Development District,
shall be built upon a lot with direct access to an approved street
and all structures shall be so located on lots as to provide safe
and convenient access for servicing, fire protection and required
off-street parking.
C.
Completion of structures for which building permit has been issued.
Nothing in this chapter shall be deemed to require any change in the
plans, construction, or designated use of any building or structure
if a building permit therefor was duly and legally issued prior to
the effective date of this chapter and actual construction pursuant
thereto was lawfully begun prior to the effective date and has been
diligently carried on.
D.
For purposes of this section, "actual construction" is defined to
be the actual placing of construction materials in their permanent
position, fastened in a permanent manner, except that where demolition
or removal of an existing building or structure has been substantially
begun preparatory to rebuilding, such demolition and removal shall
be deemed to be actual construction. Similarly, whenever a district
shall be changed hereafter, the provisions of this chapter with regard
to building permits duly and legally issued prior to the effective
date of this chapter shall apply to building permits duly and legally
issued for construction in such changed district prior to the effective
date of the amendment affecting such change.
Uses listed as a conditional use in a particular district may
be permitted by the Planning Board, only after it has determined that
the development proposal complies with the conditions and standards
set forth in this chapter for the location and operation of such use.
In addition to the conditions and standards set forth elsewhere in
this chapter, all conditional uses shall comply with the following
standards:
A.
All proposed structures, equipment, or material shall be readily
accessible for fire and police protection.
B.
The proposed use shall be of such location, size and character that,
in general, it will be in harmony with the appropriate and orderly
development of the district in which is proposed to be situated, will
be free of nuisance characteristics, and will not be detrimental to
the orderly development of adjacent properties in accordance with
the zoning classification of such properties.
C.
In addition to the above, in the case of any conditional use located
in, or directly adjacent to, a residential district (R-1, R-2, R-3,
R-S or HO):[1]
(1)
The location and size of such use, the nature and intensity of operations
involved in or conducted in connection therewith, its site layout
and its relation to access streets shall be such that both pedestrian
and vehicular traffic to and from the use and the assembly of persons
in connection therewith will not be hazardous or inconvenient to,
or incongruous with, the residential district, or conflict with the
normal traffic of the neighborhood; and
(2)
The location and height of buildings, the location, nature, and height
of walls and fences, and the nature and extent of landscaping on the
site shall be such that the use will not hinder or discourage the
appropriate development and use of adjacent land and buildings, nor
materially affect property value thereof.
D.
Each application for a conditional use shall be accompanied by a
proposed site plan showing the size and location of the lot, the location
of all buildings and proposed facilities, including access drives,
parking areas, and all streets within 200 feet of the lot.
E.
A request for a conditional use permit shall be reviewed by the same procedure as a site plan as outlined in Chapter 417, Site Plan Review.
F.
Any conditional use that is granted shall be deemed to be a conforming use in the district in which such use is located, except as provided in Subsection G below, provided that such approval shall affect only lot or portion thereof for which such use shall have been granted.
G.
In case of review of a conditional use request where there is an existing nonconforming use of land under Article XI hereof, the Planning Board may impose such reasonable conditions, including, but not limited to, the placing of fencing and screening, as will minimize the impact such open use has upon surrounding residential properties. In such cases the Planning Board may also permit reasonable changes in existing structures on the land, within the limitations of the district in which the use is located, for the purpose of limiting the open use of the land.
