Code Index | Title: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17

Title 17: Zoning

17.04 General Provisions
17.08 General Regulations
17.12 Board of Appeals
17.16 Planning and Zoning Commission
17.20 Commercial Districts
17.24 I-P Industrial District and ORI Office Research Industrial District
17.28 OS Open Space District
17.32 R-1, R-2, R-3, R-S Residential Districts
17.36 Village Zone
17.40 Exceptions and Modifications
17.44 Amendments
17.48 Enforcement and Penalties

Chapter 17.04

GENERAL PROVISIONS

Sections:
17.04.010 Purpose.
17.04.020 Definitions.
17.04.030 Interpretation in case of conflict with other ordinances.
17.04.040 Severability.
17.04.050 Effective date.


17.04.010 Purpose.

The purposes of the ordinance codified in this title are as follows:

1. To classify, regulate and limit the height, area, bulk and use of buildings;
    
2. To regulate and determine the area of front, side and rear yards, and other open space around buildings;
    
3. To regulate and determine the use and intensity of use of land and lot areas;
    
4. To classify, regulate and restrict the location of trades, callings, industries, commercial enterprises and the location of buildings designed for specified uses;
    
5. To divide the entire town into districts of such number, shape, area and of such different classes as are deemed best suited to carry out these purposes;
    
6. To fix standards to which buildings or structures therein shall conform;
    
7. To prohibit uses, buildings or structures incompatible with the character of such districts;
    
8. To prevent additions to an alteration or remodeling of existing buildings or structures in such a way as to avoid the restrictions and limitations herein lawfully imposed;
    
9. To provide for a board of appeals and prescribe its powers and duties. (Prior code Art. XI (Art. I § 1.0))

17.04.020 Definitions.

1. For the purpose of this title certain terms or words used herein shall be interpreted as follows: Words used in the present tense include the future. All words in the singular include the plural and all words in the plural include the singular. The word "shall" is mandatory and not directory. The word "used" shall be deemed to include "designed, intended, or arranged to be used."

2. Definitions.

• "Accessory use" means a one story use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building
• "Agriculture" means the use of land for agricultural purposes, including farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture, fish culture, animal and poultry husbandry; provided, that the above uses shall not include the business of garbage feeding of hogs, fur farms or the raising of animals for use in medical or other tests or experiments.
• "Alley" means a right-of-way which provides secondary service access for vehicles to the side or rear of abutting properties.
• "Amend" or "amendment" means any repeal, modification, or addition to a regulation; any new regulation; any change in the number, shape, boundary, or area of a zone; or any repeal or abolition of any map, part thereof, or addition thereto.
• "Animal boarding place" means any building or buildings used, designed or arranged, for the board, breeding or care of dogs, cats, pets, fowl or other domestic animals for profit, but not to include those animals raised for agricultural purposes.
• "Automobile garage, private" means an accessory building or portion of a main building designed, arranged, or used for the housing of private motor vehicles, only one of which may be a commercial vehicle.
• "Automobile parking lot, commercial" means a lot or portion thereof, other than an automobile sales lot, held out or used for the storage or parking of six or more motor vehicles for a consideration, where service or repair facilities are not permitted. Such parking lot shall not be considered an accessory use; nor shall it be used for the storage of dismantled or wrecked motor vehicles, parts thereof, or junk.
• "Automobile parking space" means a permanently surfaced area of not less than one hundred eighty (180) square feet, either within a structure or in the open, exclusive of driveways or access drives, for the parking of a motor vehicle.
• "Automobile repair and service station" means building, lot or both in or upon which the business of general motor vehicle repair and service is conducted, but excluding junk and/or auto wrecking business.
• "Automobile sales lot" means a lot arranged, designed or used for the storage and display for sale of any motor vehicle, or any type of trailer, provided the trailer is unoccupied, and where no repair work is done, except minor incidental repair of automobiles or trailers displayed and sold on the premises.
• "Automobile service station" means any area of land, including buildings and other structures thereon that are used to dispense motor vehicle fuels, oils and accessories at retail, where repair service is incidental, and no storage or parking space is offered for rent.
• "Basement" means that portion of a building below the first floor joists at least half of whose clear ceiling height is above the mean level of the adjacent ground.
• "Block" means that property abutting one side of a street and lying between the two nearest intersecting or intercepting streets or the nearest intersecting or intercepting street and railroad right-of-way, unsubdivided acreage, river or live stream or between any of the foregoing divided acreage, river or live stream or between any of the foregoing and any other barrier to the continuity of development.
• "Board" means the Emmitsburg board of zoning appeals.
• "Boarding house" means a dwelling in which, for compensation, lodging or meals, or both, are furnished to not more than five guests. A boarding house shall not be deemed a home occupation.
• "Building" means a structure having one or more stories and a roof, designed primarily for the permanent shelter, support or enclosure of persons, animals or property of any kind.
• "Building, accessory" means a building subordinate to, and located on the same lot which a main building, the use of which is clearly incidental to that of the main building or to the use of the land, and which is not attached by any part of a common wall or common roof to the main building.
• "Building, height of" means the vertical distance measured from the level of approved street grade opposite the middle of the front of the building to the highest point of the coping of a flat roof; to the deck line of a mansard roof; and to the mean height level between eaves and ridge of a gable, hip or gambrel roof.
• "Building setback line" means a line beyond which the foundation wall and/or any enclosed porch, vestibule or other enclosed portion of a building shall not project as determined by the yard requirements.
• "Cellar" means that portion of a building below the first floor joists with over one-half of its clear ceiling height below the mean level of the adjacent ground. Such a portion of a building shall not be used for habitation.
• "Cemetery" means a place used for the permanent interment of dead human bodies or the cremated remains thereof. It may be either a burial park for earth interments, a mausoleum for vault of crypt interments, a columbarium for cinerary interments, or a combination of one or more thereof.
• "Child care home" means a day nursery, child boarding home, day camp, summer camp, foster home, or other place for the reception, board of care for compensation of a child or children under sixteen (16) years of age.
• "Commission" means the Emmitsburg planning commission.
• "Commissioners" means the town commissioners of Emmitsburg.
• "Conditional use" means a use which may be permitted in a district through the granting by the board upon a finding by the board that it meets specified conditions.
• "County" means Frederick County, Maryland.
• "Court" means an open, unoccupied and unobstructed space, other than a group of buildings.
• "Development" means any activity, other than normal agricultural activity, which materially affects the existing condition or use of any land or structure.
• "District" means a portion of the territory to which this title applies, within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this title. The term "R district" shall mean any "R-1," "R-2," "R-3, or RS district," the term "B district" shall mean any "B-1, "B-2," or "V-Z" district; the term "industrial district" shall mean the "industrial park district;" and the term "ORI district"  means the "office research industrial district."
• "Dwelling" means a building or portion thereof arranged or designed to provide living facilities for one or more families, but not including a tent, cabin, mobile home, bus, or a room in a motel or hotel.
• "Dwelling, attached" means a building arranged or designed to provide living facilities for more than one family to a height of three stories. Individual units will be separated by a common wall.
• "Dwelling, detached" means a building designed to provide living facilities for one family entirely separated from any other building or structure by space on all sides.
• "Dwelling, duplex" means two dwelling units arranged to be located on abutting and separate lots and separated from each other by a continuous vertical party wall, without openings from the lowest floor level to the highest point of the roof which lies along the dividing lot line, and such dwelling is separated from any other structure by yards on all sides.
• "Dwelling multiple-family" means a building containing three or more dwelling units (town house, apartments, garden apartments).
• "Dwelling, multiple group" means a group of two or more multifamily dwellings, or any combination of same occupying a parcel of land in one ownership and having any yard, compound or service area in common.
• "Dwelling, one-family" means a building containing not more than one dwelling unit.
• "Dwelling, two-family" means a building located on one lot, containing not more than two dwelling units, arranged one above the other or side by side.
• "Dwelling unit" means a building or portion thereof arranged or designed for occupancy by not more than one family for living purposes and having cooking facilities.
• "Educational institution, private" means every private school or educational or training institution, however designed, which offers a program of college, professional, preparatory, high school, junior high school, elementary, kindergarten or nursery school instruction, or any combination thereof, or any other program of trade, technical, or artistic instruction, but such term does not include any educational institution of the county board of education. No private educational institution shall be deemed a home occupation.
• "Eleemosynary or philanthropic institution" means a private, nonprofit organization which is not organized or operated for the purpose of carrying on a trade or business, no part of the net earnings of which inures to the benefit of any member of said organization or individual, and which either: (a) provides volunteer aid to the sick and wounded of armies in time of war and national relief in case of great national calamities, or (b) provides all or any of the following: religious, social, physical, recreational and benevolent services.
• "Essential services" means the erection, construction, alteration of maintenance, by public utilities or by municipal or other parties, of underground or overhead electrical, gas, communication, steam, water or sewer transmission, distribution, collection, supply or disposal lines, including poles, cross arms, guy wires, towers, repeaters, boosters, switches, transformers, regulators, pumps, mains, drains, sewers, pipes, conduits, wires, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar accessories and equipment used in connection with the constituting integral parts of such lines and reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for protection of public health, safety or general welfare, but not including buildings, yards or stations used for storage, repairs or processing of equipment or material and not for transforming, boosting, switching or pumping purposes when such facilities are constructed on the ground.
• "Family" means an individual, of two or more persons related by blood or marriage, or a group of not more than five persons (excluding servants) not related by blood or marriage, living together as a single housekeeping group in a dwelling unit.
• "Floodplain, annual" means that floodplain being defined by soil types within the 1969 "Natural Characteristics" Report, published by the County Planning Commission, as they are designated by the U.S. Soil Conservation Service, such being principally a natural water retention area of generally wet land.
• "Floodplain, historical" means that land being defined by hydrologic studies done by a registered engineer or hydrologist competent to perform such studies that show that area which at some point in time could be inundated by water due to flood conditions brought on by a one-hundred year storm or a storm having a one percent chance of occurrence in any given year.
• "Frontage" means the length property lien of the lots, lots or tract of land abutting a public street, road or highway, or rural right-of-way.
• "Homes association" means an incorporated, nonprofit organization operating under recorded land agreement through which: (a) each lot and/or home owner in a planned unit or other described land area is automatically a member, and (b) each lot is automatically subject to a charge for a proportionate share of the expenses for the organization's activities, such as maintaining a common property, and (c) the charge if unpaid, becomes a lien against the property.
• "Home occupation" means an occupation conducted entirely within a dwelling by a member or members of the immediate family residing therein (a) in connection with which there is used no display except one sign affixed to the building, not exceeding a total area of one square feet, nor projecting more than one foot beyond the building, and not illuminated, that will indicate from the exterior that the building is being utilized in whole or in part for purposes other than that of a dwelling; (b) in connection with which there is kept no stock in trade or commodity sold upon the premises; (c) in connection with which no person is engaged or employed, other than a member of the immediate family residing on the premises; and (d) provided living quarter occupy at least seventy-five (75) percent of the entire dwelling. Boarding and rooming houses, tourist homes and priv ate educational institutions shall not be deemed home occupations; (e) provided equipment used does not emit uncomfortable or harmful amounts of noise, vibration, heat, glare, smoke, odor or other obnoxious elements; (F) Subject to  Planning Commission approval.
• "Hospital," "sanitarium," "sanatorium" means any institution receiving in-patients and rendering medical, surgical and/or obstetrical care. This shall include general hospitals and institutions in which service is limited to special fields such as cardiac, eye, ear, nose and throat, pediatric, orthopedic, skin and cancer, mental, tuberculosis, chronic disease and obstetrics. The term hospitals shall also include sanitariums and sanitoriums, including those wherein feeble minded and mental patients, epileptics, alcoholics, senile and psychotics or drug addicts are treated or cared for.
• "Hotel" means any building containing ten or more guest rooms, where for compensation, lodging, meals or both, are provided for ten or more guests, excluding a fraternity or sorority house, school or college dormitory, tourist home, motel or apartment hotel as defined herein.
• "Industrial park" means a tract of land eminently suitable for industrial use, subdivided and developed according to a comprehensive plan for occupancy by a group of industries and equipped with streets and necessary utilities. Industries must agree to accept certain standards of performance that are designed to protect the environment of the community.
• "Junk yard" means any building used for the abandonment, storage, keeping, collecting, or baling of paper, rags, scrap metal, other scrap or discarded materials, or for the abandonment, demolition, dismantling, storage, or salvaging of automobiles or other vehicles not in running condition, machinery, or parts thereof.
• "Lot" means a parcel of land occupied or to be occupied by a building and its accessory buildings, together with such open spaces as required, and having frontage on a public right-of-way, unless where accepted elsewhere in this title.
• "Lot area, net" means the total horizontal area included within the rear, side and front lot or proposed street lines of the lot, excluding any streets or highways, whether dedicated or not dedicated to public use, but including off-street automobile parking areas and other accessory uses.
• "Lot, corner" means a lot abutting on two or more streets at their intersection, where the interior angle of the intersection does not exceed one-hundred thirty-five (135) degrees.
• "Lot, depth of" means the average distance between the front lot line and the rear lot line.
• "Lot, front of" means the side or sides of an interior or through lot which abut a street, a corner lot shall be deemed normally to front upon the street on which it has the least dimension.
• Lot Frontage, Minimum.
• At building line means the least permissible width of a lot measured horizontally along the front lot line.
• At front lot line means the least permissible width of a lot measured along the front lot line.
• "Lot line, front" means the street line running along the front of the lot separating it from the street. In a through lot, both lines abutting the street shall be deemed to be front lot lines.
• "Lot line, rear" means the lot line or lines generally opposite or parallel to the front lot line, except in a through lot. If the rear lot line is less than ten feet long, or the lot comes to a point at the rear, said rear lot line is assumed to be a line not less than ten feet long; lying wholly within the lot, parallel to the front lot line, or in the case of curved front lot line, parallel to the chord of the arc of said front lot line.
• "Lot line, side" means any lot line other than a front lot line or a rear lot line.
• "Lot, out-lot" means a parcel of land which is shown on a record plat, but which is not to be occupied by a building or otherwise considered as a buildable lot within the meaning of this title. No building permit shall be issued on any land so designated.
• "Lot, through" means an interior lot, fronting on two parallel or approximately parallel streets.
• "Master plan" means a comprehensive plan of any portion of the general plan which may consist of maps, data and other descriptive matter, as a guide for the physical development of the town or any portion thereof, including any amendments, extensions or additions thereto adopted by the commission, indicating the general locations for major roads, parks or other public open spaces, public building sites, routes for public utilities, zoning districts or other similar information. (Also known as "comprehensive plan.")
• "Medical or dental clinic" means any building or group of buildings occupied by medical practitioners and related services for the purpose of providing health services to people on an out-patient basis.
• "Mobile homes" means any vehicle or similar portable structure having no foundation other than wheels, jacks or skirting and so designed, or constructed, as to permit occupancy for dwelling or sleeping purposes.
• "Mobile home park or mobile home subdivision" means any site, lot or parcel of ground maintained or intended for the purpose of supplying a location or accommodation for two or more mobile homes for living purposes and including all buildings, structures, vehicles, accessories and appurtenances used or intended as equipment in such a park.
• "Motel" means any group of dwelling units combined or separate, used for the purpose of housing transient guests, each unit of which is provided with its own toilet, washroom and off-street parking facilities.
• "Nonconforming use" means a use of a building or of land lawfully existing at the time the ordinance codified in this title and/or previous ordinances or amendments thereto became effective and which does not conform with the use regulations of the zone in which it is located.
• "Nursing home" means and includes rest homes, convalescent homes and homes for the aged and shall mean a place devoted primarily to the maintenance and operation of facilities for the treatment and care of any persons suffering from illnesses, diseases, deformities or injuries; not requiring extensive and/or intensive care that is normally provided in a general hospital or other specialized hospital, but who do require care in excess of room and board and who need medical, nursing convalescent or chronic care.
• "Plan" means the policies, statements, goals and interrelated plans for private and public land use, transportation, and community facilities documented in texts and maps which constitute the guide for the area's future developer. For the purposes of this definition, the word plan shall include general plan, master plan, comprehensive plan, community plan, and the like as adopted in accordance with Section 3.00 of Article 66B of the Annotated Code of Maryland.
• "Private club" means an incorporated or unincorporated association for civic, social, cultural, religious, literary, fraternal, political, recreational or like activities, operated for the benefit of its members and not open to the general public.
• "Professional office" means rooms and/or buildings used for the office purposes by a member of any recognized profession, including doctors, dentists, lawyers, accountants, engineers, veterinarians, etc., but not including medical or dental clinics or veterinary clinics.
• "Road" means and includes street, highway, avenue, land, marginal access street, service drive, alley, bridge, viaduct or any segment thereof.
• "Rooming house" means a dwelling in which for compensation, lodging is furnished to three or more, but not exceeding nine guests. A rooming house shall not be deemed a home occupation.
• "Special exception" means a grant of a specific use that would not be appropriate generally or without restriction and shall be based upon a finding that certain conditions governing special exceptions as detailed in the zoning ordinance exist, that the use conforms to the plan and is compatible with the existing neighborhood.
• "Story" means that portion of a building included between the surface of any floor and the surface of the floor next above it or, if there be no floor above it, the space between such floor and the ceiling next above it. A basement shall be counted as a story, if it is used for business or dwelling purposes. A mezzanine floor shall be counted as a story, if it covers more than one-third of the area of the floor next below it or if the vertical distance between the floor next below it and the floor next above it is twenty (20) feet or more.
• "Street" means a public or dedicated way, or a public proposed right-of-way, widening, or extension of an existing street or public way shown on any plan approved by the commission.
• "Structural alteration" means any change in the structural members of a building, such as walls, columns, posts, beams or girders.
• "Structure" means an assembly of materials forming a construction for occupancy or use, including among others, buildings, stadiums, gospel and circus tents, reviewing stands, platforms, staging, observation towers, radio and television, broadcasting towers, water tanks, trestles, open sheds, coal bins, shelters, fences, walls, signs, power line towers, pipelines, railroad tracks and poles.
• "Swimming pool, commercial" means a swimming pool and/or wading pool, including buildings necessary or incidental thereto, open to the general public and operated for profit.
• "Theater, drive-in" means an outdoor theater shall include only those areas, buildings or structures designed and used for the commercial outdoor exhibition of motion pictures to passengers in parked motor vehicles.
• "Theater, indoor" means a building designed and/or used primarily for the commercial exhibition of motion pictures or stage presentation to the general public.
• "Tourist cabin camp" means any lot, parcel or tract of land, together with such open spaces as are required under the provisions of this title, upon which there are located one or more cottages or cabins used, designed, maintained or held out for the accommodation of transient guests, whether or not a charge is made therefor.
• "Tourist home" means a dwelling in which, for compensation, lodging only is provided or offered to not more than twelve (12) transient guests. A tourist home shall not be deemed a home occupation.
• "Town house" means one of a group of three or more attached dwelling units divided from each other by party walls, and each having separate front and rear or front and side entrances from the outside.
• "Use" means the principal purpose for which a lot or the main building thereon is designed, arranged, or intended and for which it is or may be used, occupied or maintained.
• "Use, accessory" means a use of a building, lot, or portion thereof, which is customarily incidental and subordinate to the principal use of the main building or lot.
• "Use, special exception" means a use which may be permitted in a district through the granting by the board of appeals of a special exception, as defined in Article 66B of the Annotated Code of Maryland, upon a finding by the board that it meets specified conditions.
• "Wayside stand" means a temporary structure designed, arranged or used for the display or sale of agricultural or other products grown or produced on the premises upon which such stand is located.
• "Variance" means a modification only of density, bulk or area requirements in the zoning ordinance, where such modification will not be contrary to the public interest and where owning to conditions peculiar to the property, and not the results of any action taken by the applicant; a literal enforcement of this title would result in unnecessary hardship.
• "Yard" means open space on the same lot with a building or group of buildings, lying between the building or outer building of a group and the nearest lot or street line, and unoccupied and unobstructed from the ground upward, except as provided in this title.
• "Yard, front" means open space extending across the full width of lot between the front lot line or the proposed front street line and nearest line of the building or any enclosed portion thereof. The depth of such yard shall be the shortest horizontal distance between the front lot line or proposed front street line and the nearest point of the building or any enclosed portion thereof.
• "Yard, rear" means open space extending across the full width of lot between the rear line of the lot and the nearest line of the building, porch or projection thereof. The depth of such yard is the shortest horizontal distance between the rear lot line and the nearest point of the building.
• Second story overhang, roof overhang, unenclosed porches, or similar architectural features are excluded from the measurement if they do not project more than six feet. Open carports may project to within five feet of the side lot line.
• "Zone" means an area within which certain uses of land and buildings are permitted and certain others are prohibited; yards and other open space are required; lot areas, building height limits, and other requirements are established; all of the foregoing being identical for the zone in which they apply.
• "Zoning administrator" means an officer of the town, appointed by the mayor, who administers the zoning regulations and acts as secretary to the board of appeals.
• "Zoning certificate" means a written statement issued by the zoning administrator, authorizing buildings, structures, or uses consistent with the terms of this title and for the purpose of carrying out and enforcing its provisions.
• "Zoning map" means the zoning map of the town, together with all amendments thereto subsequently adopted. (Ord 04-21(part);Ord. 92-8, º 1; prior code Art. XI (Art. XI º1.0))

17.04.030 Interpretation in case of conflict with other ordinances.

In interpreting and applying the provisions of this title, they shall be held to the minimum requirements for the promotion of the public safety, health, convenience, comfort, morals, property and general welfare. (Prior code Art. XI (Art. XII § 1.0))


17.04.040 Severability.

If any section, clause, provision, or portion of this title shall be held to be invalid or unconstitutional by any court of competent jurisdiction, such holding shall not affect any other section, clause, provision, or portion of the title which is not in itself invalid or unconstitutional. (Prior code Art. XI (Art. XII § 2.0))


17.04.050 Effective date.

The ordinance codified in this title shall be in force and effect from and after the passage, approval and publication as required by law. (Prior code Art. XI (Art. XII § 3.0))

Chapter 17.08

GENERAL REGULATIONS

Sections:
17.08.010 Establishment of districts.
17.08.020 Boundaries of districts.
17.08.030 Application and regulations.
17.08.040 Zoning of annexed areas.
17.08.050 Location of zoning line in vacated street.
17.08.060 Required open area not to be infringed upon.
17.08.070 Continuance of nonconforming uses.
17.08.080 Expansion of nonconforming uses.
17.08.090 Nonconforming use not to rebuild.
17.08.100 Discontinued nonconforming use not to re-establish after six months.
17.08.110 Nonconforming uses not to be substituted.
17.08.120 Storage uses, not to be continued as nonconforming uses in residential districts.
17.08.130 Renovation, expansion of nonconforming use must conform where possible.
17.08.140 Off-street parking.
17.08.150 Off-street loading.
17.08.160 Obstructions to vision at intersections prohibited.
17.08.170 Prohibited uses.
17.08.180 Storage of inflammable fuels.
17.08.190 Conversion of garages, sheds, outbuildings or other accessory structures.
17.08.200 Development in or adjacent to floodplain.
17.08.210 Conversions to buildings which affect the number of dwelling units available.


17.08.010 Establishment of districts.

For the purpose of this title, all land within the town is designated on the zoning map as being in one of the following districts:

OS Open space;
R-1 Low density residential;
R-2 Medium density residential;
R-3 High density residential;
R-S Residential suburban;
VZ Village zone;
B-1 Neighborhood business;
B-2 Shopping center;
HS Highway service;
IP Light industrial park;
ORI Office research industrial.
(Prior code Art. XI (Art II § 1.0))

17.08.020 Boundaries of districts.

Unless otherwise indicated on the zoning district maps, the boundary lines of the districts shall follow lot lines, center lines of streets, alleys or such center lines extended, center lines of creeks or the corporate limit line as existing at the time of adoption of the ordinance codified in this title, or measured lines. (Prior code Art. XI (Art. II § 2.0))

17.08.030 Application and regulations.

No building or land shall hereafter be used and no building or part thereof shall be erected, moved or altered unless for a use expressly permitted by and in conformity with the regulations for the district in which it is located. (Prior code Art. XI (Art. II § 3.0))

17.08.040 Zoning of annexed areas.

All territory which may hereafter be annexed to the town shall from time of annexation be considered as being in the R-S district until changed by ordinance, unless the resolution of annexation by the town board provides for other district classification or classifications. If land to be annexed is to be classified other than (a) R-S or (b) a district classification of some property abutting, contiguous, or adjacent thereto: (1) the town board shall refer the matter to the commission for recommendation and report, and if the commission makes no report within ten days from the date the town board by motion refers it to the commission, it shall be considered to have made a report approving the proposed annexation district classification; and (2) the town board shall hold a public hearing in relation thereto, giving at least ten days notice of the time and place of such hearing in a newspaper published in or having a general circulation in the town. (Prior code Art. XI (Art. II § 3.01))

17.08.050 Location of zoning line in vacated street.

Whenever the town board vacates a street or alley, adjacent districts shall extend to the center line of the vacation. (Prior code Art. XI (Art. II § 3.02))

17.08.060 Required open area not to be infringed upon.

Yards, parking space or lot area required for one building cannot be used for another main building nor can the size of a lot be reduced below the requirements of this title, unless otherwise specifically provided. (Prior code Art. XI (Art. II § 3.03))

17.08.070 Conformance of nonconforming uses.

Any lawful use of land or structure existing at the time of adoption of the ordinance codified in this title, or subsequent amendment of this title, may be continued with the following limitations. (Prior code Art. XI (Art. II § 4.0))

17.08.080 Expansion of nonconforming uses.

Nonconforming uses may upgrade, repair, or make alterations to their facilities. However, expansion of any nonconforming use shall be limited to the lot that exists at the time of adoption of this title and additional acreage or dwelling units shall not be added to enlarge any nonconforming uses. (Prior code Art. XI (Art. II § 4.01))

17.08.090 Nonconforming use not to rebuild.

Any nonconforming use, which has been damaged to the extent of sixty (60) percent of its current fair value, as estimated immediately prior to damage, shall not be repaired, or reconstructed except in conformity with this title. (Prior code Art. XI (Art. II § 4.02))

17.08.100 Discontinued nonconforming use not to re-establish after six months.

No nonconforming use shall be established or re-established after having been discontinued for six months. (Prior code Art. XI (Art. II § 4.03))

17.08.110 Nonconforming uses not to be substituted.

A nonconforming use may not be substituted for any other nonconforming use. (Prior code Art. XI (Art. II § 4.04))

17.08.120 Storage uses, not to be continued as nonconforming uses in residential districts.

Premises used for open storage, not expressly permitted in the residential district in which they are located and where such uses were existing prior to the adoption of this title, shall discontinue such uses within two years of the effective date of this title. (Prior code Art. XI (Art. II § 4.05))

17.08.130 Renovation, expansion of nonconforming use must conform where possible.

Whenever a nonconforming use renovates or expands under Section 17.08.080, said use shall meet all the applicable requirements of this title unless otherwise allowed by the board of appeals. (Prior code Art. XI (Art. II § 4.06))

17.08.140 Off-street parking.

1. The provisions herein below dealing in off-street parking requirements are applicable to every zoning district except the village zone. The village zone has its own parking requirements as set forth in Chapter 17.32.
    
2. Bituminous concrete or concrete surfaced off-street automobile parking shall be provided on any lot on which any of the following uses are hereafter established. Such space shall be provided with vehicular access to a street or alley. For purposes of computing, each space shall not be less than nine feet wide, nor less than twenty (20) feet long. Such parking shall not be located in the front yards of residential districts, or any district within fifty (50) feet of a residential district, nor shall front yard parking be provided in the B, IP, and ORI districts, unless the business on such lot is set back at least fifty (50) feet from the street. The following are minimum requirements for specific uses:

1. For one-family dwellings, two spaces on the lot. For lodging houses, one space on the lot for each lodging unit or boarder; for town houses two off-street spaces for each dwelling unit; duplexes two off-street spaces for each dwelling unit; multi-family dwellings, 2.5 off-street spaces for each dwelling unit.
2. For churches erected on new sites, one parking space on the lot for each ten seats in the main auditorium, but existing churches and additions to or enlargements of churches existing at the time of passage of this title shall be exempt from this requirement.
3. For places of public assembly, including auditoriums and theaters, one space for each four seats provided.
4. For all schools, except high schools, two spaces for each classroom; for high schools, ten spaces for each classroom.
5. For hospitals, one space for each hospital bed.
6. For institutions, clubs, lodges and other public and semi-public buildings, one space for each one hundred (100) square feet of floor area.
7. For all uses, except those above specified, when located in the B districts, one space for each one hundred (100) square feet of floor area.
8. For commercial uses in the IP and ORI districts, one space for each three hundred (300) square feet of floor area; for industrial uses in the IP and ORI Districts, one space for each two employees of maximum number employed at any one time or one space for each six hundred (600) square feet, whichever is the greater.
9. For hotels/motels one space per guest room.
10. For office buildings one space per three hundred (300) square feet of floor area.
11. For retail store or shop one space per one hundred fifty (150) square feet of floor area.
12. For eating establishments one space per ninety (90) square feet devoted to patron use or at least three seats.
13. For bowling alleys four spaces per lane.
14. For other recreational establishments one space per one hundred (100) square foot of floor area.
15. For auto repair one space per four hundred (400) square feet devoted to customer service.
16. For industrial and heavy commercial establishments one space per two employees with at least one per five thousand (5,000) square feet of floor area.
17. For funeral homes one space per one hundred (100) square feet.
18. For nursing homes, one space for every two beds.

3. The foregoing requirements are subject to the following general rules and exceptions.

1. In the B, IP and ORI districts, parking space may be provided on a separate lot if within three hundred (300) feet of a building, and two or more owners may join together in the provision of this parking space.
2. Parking spaces for any use specifically permitted in an R district may be provided on a lot adjoining that use provided there is evidence of perpetual compliance with all requirements.
3. Existing buildings not complying with off-street parking requirements may be remodeled, repaired and structurally altered, but any enlargement, except as otherwise exempted above, must provide the required parking spaces for said enlargement.
4. No part of any parking space shall be closer than ten feet to any public road right-of-way line and five feet to a side or rear property line. Driveways and aisles are excluded. This requirement does not apply to the village zone district.
5. For historical structures in residential zones when used for antique shops, country inns and bed and breakfast facilities parking shall be provided at a ratio at one parking space for each two hundred (200) square feet of floor area devoted to customer service. (Prior code Art. XI (Art. II § 5.0))

17.08.150 Off-street loading.

1. Every building or structure used for other than residential uses and constructed after the adoption of this title shall provide space on the property to be used exclusively for loading and unloading of vehicles. Such space shall be in accordance with the following schedule:

2. For buildings over four hundred thousand (400,000) square feet, six spaces plus one additional space for each additional ten thousand (10,000) square feet.
    

3. For the purpose of determining adequacy of loading area, each space shall not be less than ten feet in width, forty-five (45) feet in length, and fourteen (14) feet in height. (Prior code Art. XI (Art. II § 6.0))

17.08.160 Obstructions to vision at intersections prohibited.

On any corner lot in all districts except the B-2 shopping center district, there shall be no obstruction to traffic visibility within thirty-five (35) feet of the intersection of the two street property lines of the corner lot. (Prior code Art. XI (Art. II § 7.0))

17.08.170 Prohibited uses.

1. Private or public rifle shooting ranges are prohibited in all districts.
    

2. Junk yards are prohibited in all districts, including those for storage of wrecked, dismantled, and abandonment of motor vehicles and parts thereof, and for storage and sale of other similar scrap materials.
    

3. Salvage yards of any waste materials are prohibited in all districts.
    

4. Mobile homes and mobile home courts or parks.
    

5. Farm livestock, such as sheep, hogs, horses, chickens, etc., but does not include dogs and cats or other household pets. (Prior code Art. XI (Art. II § 8.0))

17.08.180 Storage of inflammable fuels.

Storage of compressed gases and liquid fuels shall conform to the following:

1. Above Ground Storage.

1. Storage of compressed gases and liquid fuels in homes, apartment houses, and commercial establishments may be above ground in all districts if the total capacity of all containers is less than two thousand (2,000) gallons and provided that each individual container is no less than twenty-five (25) feet from the nearest line of adjoining property.
    

2. Containers used for apartment houses and commercial establishments shall be screened by evergreen plantings of a height not less than the height of the containers so as to effectively obscure the containers from view.

2. Below Ground Storage. In all districts where storage of compressed gases shall be underground as modified in subsection (A) of this section, if the total capacity of all containers exceeds two thousand (2,000) gallons, each individual container shall be located with respect to the nearest line of adjoining property as follows:

2,000 to 32,000 gallons                  25 feet
32,001 to 30,000 gallons                 50 feet
30,001 to 60,000 gallons                 75 feet
In excess of 60,000 gallons             100 feet

3. Gasoline, Kerosene, Fuel Oil and Other Liquid Fuels. Gasoline, kerosene, fuel oil and other liquid fuels shall be stored underground or within the structure to be heated. Each individual container shall be located with respect to the nearest line of adjoining property as follows:

          Water Capacity (gal)      Residential         Commercial

                                                             Use                  Use

000 to 2,000            25 feet            10 feet

2,001 to 10,000        50 feet            15 feet

In excess of 10,000    Prohibited        15 feet

(Prior code Art. XI (Art. II § 9.0))

17.08.190 Conversion of garages, sheds, outbuildings or other accessory structures.

1. No garage, shed, outbuilding or other nonresidential structure existing on the lot at the time of adoption of this title may be converted to residential use unless said structure is able to meet all of the requirements of the zoning ordinance including, but not limited to lot area per family and front, rear and side yards.
    

2. Because this requirement does not disallow the use of the land for purposes set forth in this title, but seeks only to prevent the overcrowding of the lot and environmental degradation of the neighborhood, the board of appeals is not authorized to grant a waiver or variance to this section. (Prior code Art. XI (Art. II § 10.0))

17.08.200 Development in or adjacent to floodplain.

1. The subdivision of land subject to flooding by a one-hundred-year storm, a high water table, or improper drainage will not be approved unless the area to be used for roads, streets, driveways, and all structures whether principle or accessory is located outside of the historical or annual floodplain whichever is greater.
    

2. Such floodplain shall be clearly indicated upon the plat by a registered engineer or land surveyor.
    

3. All subdivisions having a floodplain as a part of their development and proposing any type of improvements within the floodplain including but not limited to fill, dredging, bridging, inclusion of culverts, etc., will not be approved until approval or an expression of non-interest is received from the Department of Natural Resources. (Prior code Art. XI (Art. II § 11.0))

17.08.210 Conversions to buildings which affect the number of dwelling units available.

1. Whenever a building is renovated or expanded in such a manner that the total number of dwelling units available either increases or decreases, the property owner shall apply for a Change of Use permit from the zoning administrator. The zoning administrator will ensure that the aforementioned changes meet all of the requirements of the zoning ordinances including, but not limited to, lot area per family, front, rear and side yard setbacks, and off-street parking requirements.
    

2. The town council will consider the permit application and determine whether an additional water and sewer tap fee and/or a revision in the number of billable units is to be assessed. (Ord. 96-17B)

Chapter 17.12 Board of Appeals

Chapter 17.16 Planning and Zoning Commission

6. It shall be the duty of the secretary, assisted by the commission's staff to keep a true and accurate record of all proceedings at all meetings and public hearings. A tape recording may be accepted as the official record. A resume of the minutes shall be typed, placed in a record book. The secretary or presiding officer at the meeting shall sign the minute book, resolutions, and other official documents, as adopted or approved. (Ord. 93-11 § 1 (part): prior code Art. XI (Art. IX-A § 2.0))

17.04 General Provisions
17.08 General Regulations
17.12 Board of Appeals
17.16 Planning and Zoning Commission
17.20 Commercial Districts
17.24 I-P Industrial District and ORI Office Research Industrial District
17.28 OS Open Space District
17.32 R-1, R-2, R-3, R-S Residential Districts
17.36 Village Zone
17.40 Exceptions and Modifications
17.44 Amendments
17.48 Enforcement and Penalties

Code Index | Title: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17