Any restrictions or requirements with respect to buildings or land, or both, which appear in other ordinances of the Town as established by law and which are greater than those set forth in this chapter shall take precedence over those herein.[1] Otherwise, the provisions of this chapter shall apply.
[1]
Editor's Note: See Ch. 274, Flood Damage Prevention, and Ch. 318, Land Development.
No building shall be erected and no existing building shall be moved, structurally altered, added to or enlarged, rebuilt nor shall any land be designed, used or intended to be used for any purpose other than those included among the uses listed as permitted uses in each zone by this chapter and meeting the requirements as set forth by the schedule, nor shall any open space contiguous to any building be encroached upon or reduced in any manner except in conformity with the yard, lot area, building location, percentage of lot coverage, off-street parking space and such other regulations designated in the schedule and this chapter for the zone in which such building or space is located. In the event of any such unlawful encroachment or reduction, the building shall be deemed to be in violation of the provisions of this chapter.
No land may be used and no structure may be erected, razed, moved, extended, enlarged, altered, demolished or used for any purpose other than those purposes permitted herein for the zone in which it is located, and all construction shall be in conformity with the regulations provided for the zone in which such construction is located.
No building or part thereof shall be erected, constructed, altered, repaired or moved until a building permit has been issued by the Building Inspector.
No land shall be occupied or used and no building hereafter erected or altered shall be occupied or used in whole or in part for any purpose whatsoever until a certificate of occupancy shall have been issued by the Building Inspector. The certificate of occupancy shall state that the use of building and premises complies with all the provisions of this chapter and all other applicable Town and state requirements. Certificates of occupancy shall be granted or denied within 10 days of application therefor being received by the Building Inspector.
A lot used for a single-family residence purpose shall contain only one principal structure. Every principal structure shall be built upon a lot with frontage upon the public street.
Off-street parking space shall be provided as specified in this chapter and shall be provided with necessary passageways and driveways. All such space shall be deemed to be required space on the lot on which the same is situated, unless otherwise stated, and no such space shall be encroached upon or reduced in any manner.
Any accessory building attached to the main building shall comply in all respects with the requirements of this chapter applicable to the main building. An accessory building unattached whose distance is not less than 10 feet from the main building shall comply in all respects with the requirements of the schedule applicable to accessory buildings. Height of unattached accessory buildings shall be 20 feet maximum. No accessory building shall be erected in the front yard.
Corner lots shall provide the minimum front yard requirements for the respective zone for both intersecting streets.
[Amended 4-3-1989 by Ord. No. 89-2]
No yard or other space provided about any buildings for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space for any other building, and no yard or other open space on another lot shall be considered as providing a yard or open space for a building on any other lot; provided, however, that the following provisions, with respect to front yard setback, shall apply in the event that an applicant for land use development shall elect to take advantage of the same, otherwise the minimum required front yard setback applicable shall apply:
A. 
Where a lot is located between two other lots, each of which is developed with a principal building which projects beyond the minimum required front yard setback building line, the minimum front yard setback for such lot may be the average of the front yards of the existing buildings on either side of the lot proposed to be developed.
B. 
Where a lot adjoins one lot which is developed with a principal building which projects beyond the minimum required front yard setback building line and is adjoined on the other side by a vacant lot, the minimum required front yard setback for such lot proposed to be developed may be the average of the front yard of the existing building and the required front yard setback.
Notwithstanding the lot area, lot width and lot coverage requirements, a single-family dwelling where it is a permitted or special exception use may be erected on any lot separately owned and not adjacent to any lot in the same ownership at the effective date of this chapter provided that the aggregate width of the side yards shall be not less than 25% of the lot width and that the narrower side yard shall be not less than three feet in width.
Where a lot extends through from street to street, the applicable front yard regulations shall apply on both street frontages.
[Amended 5-16-1988 by Ord. No. 88-8]
See Chapter 444, Swimming Pools, Private.
The height limitations of this chapter shall not apply to chimneys, silos, church spires, gables, cupolas, standpipes, flagpoles, monuments, television and radio antennas or towers, cables, scenery lofts or water tanks and similar structures and necessary mechanical appurtenances for the zone in which the building is located, provided that no exception, when connected to and a part of a principal building, shall cover at any level more than 10% of the area of the roof on which it is located. All items in excess of the height regulations shall be set back from the property line a distance at least equal to their height.
No permit shall be granted for a structure or use if the design or construction of the same involves or is likely to involve exceptional risk of traffic congestion, public safety or hazard. No lighting of any kind shall be permitted which interferes with or is likely to involve a risk of traffic safety.
[Amended 10-15-2019 by Ord. No. 2019-12]
A. 
Mobile homes/travel trailers shall be defined as any structure designed or adapted for people to live in which is capable of being moved from one place to another (whether by being towed or by being transported on a motor vehicle or trailer) and any motor vehicle equipped for use (as while traveling) as a dwelling such as recreational vehicles generally used for sleeping/camping, campers and pop-up tent trailers.
B. 
The outdoor storage or parking in the open in residential districts is only permitted subject to the following conditions:
(1) 
Any such vehicle or piece of equipment shall be owned or leased by a resident of the premises.
(2) 
Any such vehicle shall be located in a side or rear yard only.
(3) 
Any such vehicle shall be located so as to meet yard and setback requirements applicable to accessory building, unless parked on an existing driveway.
(4) 
Any such vehicle shall be screened from view from an adjoining property or street by fencing or dense evergreen planting, except where existing natural screening exists.
(5) 
No recreational vehicle shall be parked in a public right-of-way; provided, however, temporary parking not to exceed 48 hours for the purpose of loading and unloading shall be permitted.
C. 
A nonpaying, visiting guest of residents of the premises may occupy the resident's or own mobile home or travel trailer for a period not to exceed two weeks in any calendar year. Any such guest shall register with the Municipal Clerk and/or Zoning Official prior to the commencement of the temporary stay.
[Added 12-20-1993 by Ord. No. 93-12]
In the event of a catastrophe substantially destroying a lawfully permitted structure or use and if it is recognized that it is in the best interest of the Town of Belvidere and in accordance with the purpose of this chapter, the Town Council, upon proper application and upon favorable findings by the Council that there will be no detrimental effect upon the lawful use of land and activities normally permitted within the zone in question, may direct the Zoning Officer to issue a permit for a period not to exceed six months for the parking of a mobile home or travel trailer for occupancy by the property owner during the reconstruction of the destroyed structure or use, provided that its location does not adversely affect the safety and well-being of the residents of the Town of Belvidere.
[Added 5-16-1994 by Ord. No. 94-05]
A. 
Temporary construction trailers and one sign not exceeding 20 square feet advertising the prime contractor, subcontractor, architect, financing institution and similar data for the period of construction, beginning with the issuance of a building permit and concluding with the issuance of a certificate of occupancy or one year, whichever is less, shall be a permitted use upon the site of the construction of the improvements to which the trailer and sign are related. Such temporary construction trailers shall be located outside the front, side and rear yard setback areas of the lot.
B. 
Model homes, to be utilized as such and/or as a sales and construction management facility for the construction and sale of homes within that subdivision project only, shall be a permitted use, subject to site plan review and approval by the Planning Board and issuance of a temporary certificate of occupancy therefor, provided that all of the following requirements are met:
(1) 
The house to be used as a model home, sales or construction management office is built upon a lot approved as part of a subdivision that has been approved by the Board.
(2) 
The house is of substantially similar design as those houses to be sold within the subdivision.
(3) 
The house shall meet all other zoning restrictions for the zone district in which it is located.
(4) 
No business other than that accessory to the management and sale of the land and buildings owned by the applicant and located within the subdivision shall be permitted.
(5) 
The temporary certificate of occupancy issued under this section shall be for no longer than a one-year period. However, such certificate of occupancy may be renewed by the Board for additional periods of time, not exceeding one year, after a hearing.
No building or use which is markedly incongruous with the character of the neighborhood as to materially affect the value of adjacent or nearby property shall be constructed, erected or used.
In the business and industrial zones, no article or material shall be kept or stored (except articles for sale) outside the confines of a building unless the same is so screened by special planting or a fence as approved by the Planning Board so that it is not visible from any adjacent residential zone or public street. Seasonal farm products grown on the premises is a specifically permitted outdoor use and may be displayed in the front yard of any lot without being screened.
Any use not specifically permitted in a zoning district established by this chapter is specifically prohibited from that district, and the following uses and activities are specifically prohibited on all and every property in the Town of Belvidere:
A. 
All billboards of any type plus signboards, advertising signs or devices not expressly related to the business being conducted on the premises or otherwise specifically permitted by this chapter.
B. 
Carousel, roller coaster, Ferris wheel, pony or train rides, midways, side shows and similar outdoor commercial recreation facilities.
C. 
Trailer coach or mobile home parks.
D. 
Junkyards, automobile wrecking or disassembly yards, the sorting or baling of scrap metal, paper, rags or other scrap or waste material.
E. 
Any use which emits excessive or objectionable amounts of dust, fumes, noise, odor, smoke, vibration, glare or waste products.
F. 
The use of any building or premises in such a manner that the health, safety or welfare of the community may be damaged.
G. 
Outdoor drive-in theaters.
H. 
Drive-in restaurants.
I. 
Any trade, industry or use which is noxious or offensive by reason of the emission of smoke, noise, gas, odor, dust, vibration or excessive light beyond the limits of its lot so as to be dangerous or prejudicial to the public health, safety or general welfare.
J. 
Rendering plants for animal products.
K. 
Trailer camps.
L. 
Manufacture or storage of explosives or fireworks.
M. 
Dump or junkyard.
N. 
Vending machines not located entirely within a principal building.
O. 
Open-front stores arranged and designed for the purpose of making sales to persons on the public street or sidewalk.
P. 
Open-air retail sales establishments other than for automotive fuels, agricultural or horticultural products.
Q. 
Sand or gravel pits, rock quarry.
R. 
Rear dwelling.
[Amended 9-4-2007 by Ord. No. 2007-16]
A fence shall be defined as an artificially constructed barrier of any material or combination of materials erected to enclose, screen or separate areas. As such, a fence shall not be considered a structure as set forth in § 505-2.
A. 
Fences are permitted in residential zones according to the following regulations:
(1) 
The maximum height limit for fences for the rear yard and the side yard shall be six feet. These fences shall be erected at least 15 feet back from the front facade of the main house or building located on the property (not including porches).
[Amended 8-18-2014 by Ord. No. 2014-10]
(2) 
Ornamental, decorative, or accent fences shall be allowed in the front yard, but shall be limited to picket, wrought iron, aluminum imitation wrought iron, split rail, post and rail, and cross buck, which shall comply with all requirements of the historic district, if applicable. The height limit for these fences shall be three feet with a maximum height of 42 inches for posts incorporated within the fence. No such fence shall have open space between members of less than 45% of width of the members.
(3) 
All side yard and rear yard fences shall be erected entirely on the owner's property and shall be installed no closer than six inches from the property line.
(4) 
All fences shall be situated on a lot in such manner that the finished side of the fence shall face the adjacent properties. All poles, posts, etc., shall be erected on the inside of the fence.
(5) 
No fence shall be erected of barbed wire, solid concrete or concrete block, broken glass or topped with metal spikes. Electric fences are prohibited, except that invisible pet fences are permitted.
(6) 
All fences shall be symmetrical in appearance, with posts separated by symmetrical distances, with the fencing conforming to a definite pattern and uniform design. Fences shall be kept in good repair and shall be maintained in a clean condition.
(7) 
On a corner lot, no fence shall extend into either front yard except as allowed by Subsection A(2).
(8) 
A sight triangle area, as otherwise defined by this Code or by the Town Engineer, shall be required at street intersections and driveways entering public streets. In addition to the specified right-of-way widths, no fence shall be erected or maintained more than 30 inches above the street center line within a sight triangle.
B. 
Fences are permitted in all nonresidential zones according to the following regulations:
(1) 
The maximum height limit for fences with a rear yard and a side yard shall be seven feet. These fences shall be erected at least 15 feet back from the front facade of the main house or building located on the property (not including porches).
(2) 
Ornamental, decorative, or accent fences shall be allowed in the front yard but shall be limited to picket, wrought iron, aluminum imitating wrought iron, split rail, post and rail, and cross buck, which shall comply with all requirements of the historic district, if applicable. The height limit for these fences shall be three feet with a maximum height of 42 inches for posts incorporated within the fence. No such fence shall open space between members of less than 45% of width of the members.
(3) 
All side yard and rear yard fences shall be erected entirely on the owner's property and shall be installed no further than six inches from the property line.
(4) 
All fences shall be situated on a lot in such manner that the finished side of the fence shall face the adjacent properties. All poles, posts, etc., shall be erected on the inside of the fence.
(5) 
No fence shall be erected of barbed wire, solid concrete or concrete block, broken glass or topped with metal spikes. Electric fences are prohibited, except that invisible pet fences are permitted.
(6) 
All fences shall be symmetrical in appearance, with posts separated by symmetrical distances, with the fencing conforming to a definite pattern and uniform design. Fences shall be kept in good repair and shall be maintained in a clean condition.
(7) 
On a corner lot, no fence shall extend into either front yard except as allowed by Subsection B(2).
(8) 
All properties used for residential purposes in nonresidential zones shall comply with the requirements of Subsection A.
(9) 
A sight triangle area, as otherwise defined by this Code or by the Town Engineer, shall be required at street intersections and driveways entering public streets. In addition to the specified right-of-way widths, no fence shall be erected or maintained more than 30 inches above the street center line within a sight triangle.
C. 
Fencing for pools shall be installed in accordance with and comply with the provisions of § 444-11 of the Code.
D. 
Fencing is permitted to be installed as part of a cannabis cultivation, manufacturing, and processing facility in the LM district according to the following:
[Added 2-8-2021 by Ord. No. 2021-02]
(1) 
A minimum eight-foot tall fencing shall be installed around the developed area of the site that is restricted from public access.
(2) 
Fencing may be installed along the entire perimeter of a site with a cannabis cultivation, manufacturing and processing facility if approved by the Zoning Officer and Town Engineer.