Chapter 17.30
SUPPLEMENTARY REGULATIONS

Sections:

17.30.010    Visibility at intersections.

17.30.020    Accessory buildings.

17.30.030    Principal structure.

17.30.040    Exceptions to height regulations.

17.30.050    Street access.

17.30.060    Zero lot line.

17.30.070    Fallout shelters.

17.30.080    Outdoor lighting.

17.30.090    Outside storage--Enclosure required.

17.30.100    Corner lots.

17.30.110    Street rights-of-way.

17.30.120    Fences, walls and hedges.

17.30.130    Lots in two zones.

17.30.140    Swimming pools.

17.30.150    Multi-dwellings.

17.30.160    Yard encroachments.

17.30.170    Curb cuts.

17.30.180    Stop order.

17.30.190    Pitched roofs.

17.30.200    Towers.

17.30.010 Visibility at intersections.

Notwithstanding other provisions of this title in any residential district, fences, walls, hedges, or other planting may be permitted in any required yard; provided, that nothing shall be erected, placed, planted, or allowed to grow in such a manner as materially to impede vision between a height of two and one-half feet and ten feet above centerline grades of the intersecting streets in the area bounded by street lines of such corner lots and a line joining points along the street lines forty feet from property line. (Ord. 93 §1 (15.1), 1982)

17.30.020 Accessory buildings.

A.    No accessory building shall be erected in any required front yard, and no separate accessory building shall be erected within ten feet of any principal building.

B.    An accessory building not to exceed one story or fourteen feet in height, including heating and cooling units, may occupy not more than twenty-five percent of the area of a required rear yard; provided, that any such accessory building wall shall be at least ten feet from the nearest point of the main building wall excluding eave overhang and eight feet from the rear and side property lines. (Ord. 93 §1(15.2), 1982)

17.30.030 Principal structure.

In any district, more than one structure housing a permitted or permissible principal and customary accessory use may be erected on a single lot or tract of land; provided, that yard and other requirements of this title shall be met for each structure as though it were on an individual lot. (Ord. 93 §1(15.3), 1982)

17.30.040 Exceptions to height regulations.

The height limitation contained in any district regulations do not apply to spires, belfries, cupolas, chimneys, water tanks, ventilators, or elevator housing. (Ord. 93 §1(15.4), 1982)

17.30.050 Street access.

Every building hereafter erected or moved shall be on a lot adjacent to a public street, or with access to an approved private street, and all structures shall be so located on lots as to provide safe convenient access for servicing, fire protection, and required off-street parking except under Chapter 17.34 of this title. (Ord. 93 §1(15.5), 1982)

17.30.060 Zero lot line.

Where an individual owns two adjoining lots or where the owners of two adjoining lots make legal written agreement, a zero lot line may be used for single-family dwellings, but only so as to create a zero lot line on one side of any lot. (Ord. 93 §1(15.6), 1982)

17.30.070 Fallout shelters.

Fallout shelters to protect human life during periods of danger may be constructed in, or under, any required yard except that if constructed in a front yard or side yard none of it may protrude above the average grade of the lot. (Ord. 93 §1(15.7), 1982)

17.30.080 Outdoor lighting.

Outdoor lighting of trees, bushes, fountains, swimming pools, or grounds or residences shall not illuminate or be reflected upon any adjacent property. (Ord. 93 §1(15.8), 1982)

17.30.090 Outside storage--Enclosure required.

All salvage dealers, or other persons accumulating, depositing, or storing salvage material within the town limits when the accumulating, depositing, or storing thereof shall be without a building or not within a building, either now stored, deposited or accumulated, shall fence surrounding salvage materials with a solid fence at least five and one-half feet high, sufficient to enclose the salvaged materials from public view from outside the enclosure. (Ord. 93 §1(15.9), 1982)

17.30.100 Corner lots.

When a lot faces more than one street and front yard setbacks have been established or in all probability will be established on both streets, corner lot setbacks shall be at least as great as established for each street. (Ord. 93 §1(15.10), 1982)

17.30.110 Street rights-of-way.

No building permit shall be issued or use proposed in any street right-of-way or any proposed street right-of-way proposed on the town master plan. (Ord. 93 §1(15.11), 1982)

17.30.120 Fences, walls and hedges.

A.    Fences, walls and hedges in any district may be located on lot lines provided such fences, walls, and hedges do not exceed eight feet in height. Fences exceeding eight feet in height shall be subject to the minimum yard requirements of the district in which such fences are located. However, no fences, walls, and hedges shall exceed four feet in any front yard as defined in this title.

B.    No barbed wire or other sharp fencing materials and no electrically charged fence shall be erected or maintained in any district created by this title.

C.    In case of a fence erected on top of a retaining wall, the height shall be measured from the grade of the high side of the wall. (Ord. 93 §1(15.12), 1982)

17.30.130 Lots in two zones.

Where a district boundary line as established in this title divides a lot which was of single ownership and of record at the time of this title, the use thereon and the district requirements applying to the least restricted portion of such lot under this title shall be considered as extending to the entire lot, provided the more restricted portion of such lot is entirely within twenty feet of the dividing line, the use so extended shall be deemed to be conforming. (Ord. 93 §1(15.13), 1982)

17.30.140 Swimming pools.

No public or private swimming pool in any district shall be located in any required front yard; however, if not more than six feet in height, such use may be located in any required side or rear yard. In addition, all swimming pools shall be enclosed in an area with a fence or wall not less than forty-two inches in height and no opening therein, other than doors or gates, larger than four inches in any direction. A structure of any type may be used as part of such enclosure. All gates and doors opening through such enclosure shall be kept equipped with a self-closing and self-latching device for keeping the gate or door securely closed at all times when not in actual use, except that the door of any dwelling which forms a part of the enclosure for private residential pools need not be so equipped. The building official may make modifications in individual cases, upon a showing of good cause with respect to the height, nature or location of the fence, wall, gates, or latches, or the necessity thereof, provided the protection as sought hereunder is not reduced thereby. (Ord. 93 §1(15.14), 1982)

17.30.150 Multi-dwellings.

Each unit in a multidwelling shall have a separate entrance from the ground on which the structure is erected. Any structure of two, three, or four dwelling units which does not provide this shall be classified as an apartment house. (Ord. 93 §1 (15.15), 1982)

17.30.160 Yard encroachments.

Every part of a required yard or court shall be open and unobstructed by any building or structure from its lowest point upward except as follows:

A.    Cornices, chimneys, canopies, eaves, balconies or other similar features may extend into a required yard space not more than three feet.

B.    Open, unwalled, uncovered steps and entrance landings may extend into a required yard space not more than five feet. (Ord. 93 §1(15.16), 1982)

17.30.170 Curb cuts.

Curb cuts for residential uses shall be a maximum of twelve feet throat width for a single car garage and a maximum of twenty feet throat width for two or more stall garage. (Ord. 93 §1(15.17), 1982)

17.30.180 Stop order.

Whenever any building work is being done contrary to the provisions of this title, the building official shall order the work stopped by notice in writing served on any person engaged in doing or causing such work to be done, and any such person shall forthwith stop such work until authorized by the building official to proceed with the work. (Ord. 93 §1(15.18), 1982)

17.30.190 Pitched roofs.

No pitched roof shall be higher from the eaves to the top than forty feet. (Ord. 93 §1(15.19), 1982)

17.30.200 Towers.

A.    No tower shall be allowed in any area zone R-1, R-2, R-3, R-4 or R-MH in the town.

B.    No tower in excess of forty feet shall be allowed in any area zoned B-2, B-3, B-4, M-1, PLI or E-2 of the town.

C.    Conditional Uses. Using procedures established in Chapter 17.32 of this title, a tower may be permitted as a conditional use in areas zoned B-2, B-3, B-4, M-1, PLI or

E-2 if it is determined that, for reasons of public safety, a higher tower should be allowed. In such cases the maximum allowable height permitted would be seventy-five feet. (Ord. 190 §2, 1996)