§ 42-31. Site regulations.
(a)
Building must be on a lot.
(1)
In all residential districts, every building hereinafter erected, structurally altered or relocated shall be located on a lot, as defined herein, and in no case shall there be more than one principal building on a lot except as authorized through a conditional use permit for multifamily unit per section 42-35(9)p, residential planned unit development per section 42-35(9)w and senior housing per section 42-35(9)z.
(2)
In all other districts where buildings are permitted, more than one principal building may be located on a lot, subject to the approval of the town plan commission, and where such grant would not be contrary to the spirit or intent of this chapter, and provided that sufficient lot area is available for each principal building to be so located as to individually meet the setback, offsets, lot size, and open space requirements of the district in which they are located.
(3)
No accessory building, except in the C-1 Conservancy Overlay District where all buildings or structures are accessory to a principal use, shall be constructed until the principal building is under construction or completed.
(4)
In the A-l Agricultural District, barns, storage sheds, pens, coops, and other agricultural buildings related to and necessary for the pursuit of agriculture on that parcel of land will be considered as accessory buildings and may be permitted without the requirement that a principal residential use be in existence on that parcel with plan commission and town board approval.
(5)
In the A-1 Agricultural District, where planned unit developments are planned or exist, agricultural buildings related to or necessary for the pursuit of agriculture shall not be allowed without plan commission or town board approval.
(b)
Construction standards for private streets and private drives.
(1)
Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Private drive includes all private routes of ingress and egress from any public right-of-way, which provides access to one residential dwelling/unit, commercial building or property. Notwithstanding anything contained herein to the contrary, this chapter shall not apply to private drives that are 300 feet in length or less, as measured from the edge of the public right-of-way along the centerline of the proposed driveway to the nearest exterior point of the principal building located on that property.
Private street includes all private routes of ingress and egress from any public right-of-way which provides access to two or more residential dwellings/units, commercial buildings, or properties.
(2)
Construction standards for private streets.
a.
At the end of the private street, a minimum paved cul-de-sac shall be provided. This cul-de-sac and the private street shall be constructed in accordance with the town's standard road specifications and the town's standard road sections in effect at the time of construction.
b.
The road ditch construction along the private street shall be required per the town's standard road specification and road section. The property owner shall obtain all drainage easements necessary to construct these ditches.
c.
All costs necessary for the maintenance of the private street to conform to these requirements for the safe passage of emergency vehicles shall be at the property owner's expense.
(3)
Construction standards for private drives in excess of 300 feet in length.
a.
All private drives shall be constructed utilizing a compacted subgrade consisting of quality material suitable for standard highway loading.
b.
Drainage structures or culverts, at least 24 feet long with end sections, shall be installed under the surface at the low points in grades, sloped to drain to the existing storm drainage outlet. These structures or culverts shall be sized to drain their entire storm drainage contributing areas based on the ten-year frequency storm design.
c.
A minimum of road ditch construction along these private drives shall be required in those areas where storm runoff would otherwise be forced onto the traveled surface due to the topography. The property owner shall obtain all drainage easements necessary to construct these ditches.
d.
The minimum depth of the stone base shall be five inches of 1½-inch crushed stone traffic bond (TB) material compacted in place, over which five inches of three-quarter-inch crushed gravel or crushed stone (TB) material shall be compacted in place.
e.
All private drives shall have a gravel surface not less than 16 feet in width, together with turnaround areas as provided in subsection (b)(3)h of this section, and together with emergency vehicle pull-off areas, as noted below, with final approval by the town board. The emergency pull-off areas shall be:
1.
Every 300 linear feet of driveway.
2.
50 feet long—ten feet wider than driveway.
3.
Same construction standards as indicated in subsection (b)(3)d of this section.
4.
All branches and shrubbery shall be cut back to a distance of five feet beyond the edge of the pull-off area as provided in subsection (b)(3)f of this section.
f.
All vegetation, trees and shrubbery must be cut back so that a 14-foot clearance height is provided. All branches and shrubbery shall also be cut back to a distance of 15 feet on either side of the centerline of the traveled surface portion of the private drive.
g.
All curves and bends in the surface shall be constructed to safely transport a fire truck with cab and trailer so that this vehicle is confined to the 14-foot surface width.
h.
At the end of the private drive, a cul-de-sac or turnaround area shall be provided for emergency vehicle use. The minimum size shall be a minimum 45 foot radius cul-de-sac or 40 foot depth by 40 foot wide T turnaround.
i.
All costs necessary for the maintenance of the private drives to conform to these standards for safe passage shall be at the property owner's expense.
(4)
Plan submittal and review.
a.
The applicant shall submit construction, site and drainage plans to the town clerk-treasurer's office indicating dimensions, location and construction materials as needed/requested by the town. The plans shall be drawn to scale and shall not exceed one inch equals 50 feet for private streets and one inch equals 200 feet for private drives. The applicant shall submit copies of the plans as determined by the town board.
b.
The town shall review the plans for compliance with this chapter and forward recommendations to the town plan commission and board for review. Town board approval is required prior to building permit issuance.
c.
The private driveway or street shall be completed prior to an occupancy permit being issued.
d.
The town building inspector or designee may inspect the private driveway and streets at the following stages:
1.
After subgrade is graded.
2.
After stone/gravel is installed.
3.
During asphalt installation (if applicable).
e.
The cost of reviewing the plans by the town engineer or other town officials, as well as any inspection services required to ensure installation of the private drive and/or private street in accordance with this chapter, shall be borne by the property owner. The property owner shall reimburse any such expense within 30 days after invoicing, and if not reimbursed, shall constitute a special assessment upon the property in accordance with the provisions of law.
(c)
No undesirable objects or structures. No structure or building shall be erected, structurally altered or relocated, and no lumber, materials, furniture or other equipment shall be stacked, piled or stored in a manner which adversely affects the property values and general desirability of the neighborhood. A motor vehicle which is no longer licensed, which has been abandoned, disassembled, is non-operable, disabled, junked or wrecked, shall not be stored anywhere on any premises except in an authorized salvage yard or unless it is completely enclosed in a structure.
(1)
The building inspector may submit any such case in question to the plan commission for its determination.
(2)
The plan commission shall base its determination upon the following considerations:
a.
Design or appearance of such unorthodox or abnormal character in relation to the surroundings as to be considered unsightly or offensive to the degree that would have a substantial adverse effect on the property values and general desirability of the neighborhood.
b.
Identical design and appearance with adjoining buildings to the degree that monotony and commonness would have a substantial adverse effect on the property values and general desirability of the neighborhood.
(3)
The decision of the plan commission shall be stated in writing and include the reason for refusing a permit or any conditions of approval.
(d)
Street grade. Every building hereafter erected, structurally altered, or relocated shall be at a grade approved by the building inspector as being in satisfactory relationship with the established street grades, if any, and if not, with the existing street grade where one is established, with particular consideration for proper drainage and safe vehicular access.
(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 land shall be made which would result in increasing any portion of the slope to a ratio greater than three horizontal to one vertical within a distance of 20 feet from the property line, except with approval of the plan commission, 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.
(Ord. of 10-24-2017, § 13-2-5)
Editor's note
Former § 13-2-5(a) was amended by Ord. No. 2015-02.