A.
Jurisdiction. The jurisdiction of this chapter shall
apply to all structures, lands, water and air within the corporate
limits of the Town of Trenton.
B.
Compliance. No new structure, new use of land, water
or air or change in the use of land, water or air shall hereafter
be permitted and no structure or part thereof shall hereafter be located,
erected, moved, reconstructed, extended, enlarged, converted or structurally
altered without a zoning permit and without full compliance with the
provisions of this chapter and all other applicable local, county
and state regulations.
C.
District regulations to be complied with. Except as
otherwise provided, the use and height of buildings hereafter erected,
converted, moved, enlarged or structurally altered and the use of
any land shall be in compliance with the regulations established herein
for the district in which such building or land is located.
D.
Yard reduction or joint use.
(1)
No lot, yard, parking area, building area or other
space shall be reduced in area or dimension so as not to meet the
provisions of this chapter. No part of any lot, yard, parking area
or other space required for a structure or use shall be used for any
other structure or use.
(2)
No part of a yard or other open space provided about
any building for the purpose of complying with the provisions of this
chapter shall be included as a part of a yard or other open space
required for another building.
E.
Lots abutting more restrictive district. Any side
yard, rear yard or court abutting a district boundary line shall have
a minimum width and depth in the less restricted district equal to
the average of the required minimum widths and depths for such yards
and courts in the two districts which abut the district boundary line.
Only the following uses and their essential
services may be allowed in any district:
A.
Principal/permitted uses. Only those principal uses
specified for a district (sometimes referred to as a "permitted use"),
their essential services and the following uses shall be permitted
in that district. The principal/permitted dwelling unit shall exist
on the parcel before any other permitted or accessory uses or structures
are allowed; this limitation shall not be applicable in the M-1, P-1
or I-1 District.
B.
Accessory uses.
(1)
Accessory uses and structures are permitted in any
district but not until their principal structure is present or under
construction. Residential accessory uses shall not involve the conduct
of any business, trade or industry, except home occupations and professional
home offices as defined in this chapter. In all residential and country
estate districts, the principal residence shall be present prior to
the placement of any other permitted or accessory uses/structures.
(2)
A permitted permanent accessory structure may not
include tents or fabric enclosures with wooden, plastic, or metal
beams, poles or supports. These structures may be installed for temporary
use of no more than 30 days. Any use of longer than 30 days will require
a variance and building and zoning permits.
C.
General conditional use provisions. Provisions applicable
to conditional uses generally:
(1)
Conditional uses and their accessory uses are considered as special uses requiring, for their authorization, review, public hearing and approval by the Town Board in accordance with Article IV of this chapter, excepting those existent at time of adoption of the Zoning Code.
(2)
Those existing uses which are classified as conditional
uses for the district(s) in which they are located at the time of
adoption of this chapter require no action by the Town Board for them
to continue as valid conditional uses.
(3)
Proposed changes from a permitted use in a district to conditional use shall require review, public hearing and approval by the Town Board in accordance with Article IV of this chapter.
(4)
A conditional use(s), when replaced by a permitted use(s), shall terminate. In such case(s), the reestablishment of any previous conditional use(s) or establishment of a new conditional use(s) shall require review, public hearing and approval by the Town Board in accordance with Article IV of this chapter.
(5)
Regular conditional uses, either allowed by action of the Town Board or existent at time of adoption of this chapter, shall be lapsing and shall not survive vacancies and change of ownership of the properties where located and be subject to substitution with other conditional use(s) of the same or similar type without Town Board approval. A change to a conditional use of other than the same or similar type shall require procedures and approval in accordance with Article IV.
D.
Uses not specified.
(1)
Uses not specified in this chapter which are found
by the Town Board to be sufficiently similar to specified permitted
uses for a district shall be allowed, following recommendation from
the Plan Commission.
(2)
Uses not specified in this chapter and which are found sufficiently similar to specified conditional uses permitted for a district may be permitted by the Town Board after consideration and recommendation by the Plan Commission, public hearing and approval in accordance with Article IV of this chapter.[1]
A.
Street frontage. All lots shall abut upon a public
street, and each lot, except those abutting a cul-de-sac, shall have
a minimum frontage at the road right-of-way of 66 feet. Cul-de-sac
lots shall not be less than 50% of the required lot width in the district
in which they are located at the road right-of-way line.
B.
Principal structures. All principal structures shall
be located on a lot. Only one principal structure shall be located,
erected or moved onto a lot, except in the EA, AT and A-1 Districts.
The Town Board may permit as a conditional use more than one principal
structure per lot in other districts where more than one such structure
is needed for the orderly development of the parcel. Where additional
structures are permitted, the Town Board, subject to the recommendation
of the Plan Commission, may impose additional yard requirements, landscaping
requirements or parking requirements, or require a minimum separation
distance between principal structures.
C.
Dedicated street. No zoning permit shall be issued
for a lot which abuts a public street dedicated to only a portion
of its proposed width and located on that side thereof from which
the required dedication has not been secured.[1]
D.
Site suitability. No land shall be used or structure
erected where the land is held unsuitable for such use or structure
by the Town Board, upon the recommendation of the Plan Commission,
by reason of flooding, concentrated runoff, inadequate drainage, adverse
soil or rock formation, unfavorable topography, low percolation rate
or bearing strength, erosion susceptibility or any other feature likely
to be harmful to the health, safety, prosperity, aesthetics and general
welfare of this community. The Town Building Inspector, in applying
the provisions of this subsection, shall, in writing, recite the particular
facts upon which he bases his conclusion that the land is not suitable
for certain uses. The applicant shall have an opportunity to present
evidence contesting such unsuitability if he so desires. Thereafter,
the Plan Commission may affirm, modify or withdraw its determination
of unsuitability when making its recommendation to the Town Board.
E.
Preservation of topography. In order to protect the
property owner from possible damage due to change in the existing
grade of adjoining lands and to aid in preserving and protecting the
natural beauty and character of the landscape, no change in the existing
topography of any land shall be made which would result in increasing
any portion of the slope to a ratio greater than 1 1/2 horizontal
to one vertical, within a distance of 20 feet from the property line,
except with the written consent of the owner of the abutting property
and with the approval of the Town Board, or which would alter the
existing drainage or topography in any way as to adversely affect
the adjoining property. In no case shall any slope exceed the normal
angle of slippage of the material involved, and all slopes shall be
protected against erosion.
A.
Height. The district height limitations stipulated
elsewhere in this Zoning Code may be exceeded, but such modification
shall be in accordance with the following:
(1)
Architectural projections, such as spires, belfries,
parapet walls, cupolas, domes, flues and chimneys are exempt from
the height limitations of this Zoning Code.
(2)
Special structures, such as grain elevators, radio
and television receiving antennas, satellite dish antennas when mounted
on the roof of a principal structure, manufacturing equipment and
necessary mechanical appurtenances, cooling towers, fire towers, substations
and smokestacks are exempt from the height limitations of this Zoning
Code.
(3)
Essential services, utilities, water towers and electric
power and communication transmission lines are exempt from the height
limitations of this Zoning Code.
(4)
Communication structures, such as radio and television
transmission and relay towers, aerials and observation towers, shall
not exceed in height their distance from the nearest lot line or public
road right-of-way line.
(5)
Agricultural structures, such as barns and silos,
shall not exceed in height their distance from the nearest lot line
or public road right-of-way line.
B.
Yards. The yard requirements stipulated elsewhere
in this Zoning Code may be modified as follows:
(1)
Architectural projections, such as chimneys, flues,
sills, eaves, belt courses and ornaments, may project into any required
yard, but such projection shall not exceed three feet.
(2)
Essential services, utilities, and electric power
and communication transmission lines are exempt from the yard requirement
of this Zoning Code.
