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Alpine City Zoning Code

3.02 Town Residential

Zone (TR - 10,000)

3.02.010 Purpose

To allow for residential growth within the originally settled town center of Alpine; to maintain the village scale and character; to provide for appropriate community activities and civic buildings; and to allow a density of development that is compatible with the limitations of municipal resources.

(Ord. 2015-02, 02/10/15)

3.02.020 Permitted Uses

The following uses of land shall be permitted upon compliance with the applicable standards and conditions set forth in this ordinance.

  1. Single-unit detached dwellings when located on a lot in a recorded subdivision and subject to compliance with the applicable conditions within the zone.
  2. Customary residential accessory structures which are an integral part of and incidental to an approved dwelling.
  3. Customary household pets.
  4. Public park and recreational open spaces and appurtenant structures;
  5. Agriculture, including the raising of row crops, grains and fruits.
  6. The keeping and raising of animals and fowl, subject to the provisions of DCA 3.21.090 of Supplementary Regulations.
  7. Accessory Dwelling Unit subject to the applicable provisions of DCA 3.14.

(Ord. 2015-02, 02/10/15)

HISTORY
Amended by Ord. 2023-27 on 11/14/2023

3.02.030 Conditional Uses

The following buildings, structures and uses of land may be allowed upon compliance with the standards and conditions set forth in this ordinance and after approval has been given by the designated review body.

  1. Single family dwellings (conventional construction) when proposed for placement on a lot not in a recorded subdivision, subject to compliance with the applicable conditions within the zone and approval of a site plan by the Planning Commission.
  2. Cemeteries;
  3. Child care nurseries and group day-care centers;
  4. Civic buildings;
  5. Subdivision projects, subject to compliance with the applicable requirements of the subdivision ordinance.
  6. Water, sewer and utility transmission lines and facilities required as an incidental part of development within the zone, and subject to the approval of a site plan by the Planning Commission.
  7. Motor vehicle roads and rights-of-way subject to compliance with City standards for design and construction for such uses, and upon approval of site plan by the Planning Commission.
  8. Home occupations, subject to the provisions of DCA 3.23.060 Part 2.
  9. Schools, churches, hospitals (human care) and similar quasi public buildings subject to the approval of site plan by the Planning Commission.
  10. Incidental Produce Stands, subject to the provisions of DCA 3.23.070 Part 4. (Ord. 96-05, 4/10/96)
  11. Shooting Galleries, subject to the applicable provisions of MCA 9.17 .

(Ord. 2015-02, 02/10/15)

HISTORY
Amended by Ord. 2022-18 on 6/28/2022
Amended by Ord. 2023-01 on 1/10/2023
Amended by Ord. 2023-22 on 8/22/2023
Amended by Ord. 2023-27 on 11/14/2023

3.02.040 Density And Regulations

  1. Lot Size. The minimum lot area for a single-unit dwelling shall be 10,000 square feet Each lot shall contain a minimum of 10,000 square feet of area outside the mapped 100-year flood plain areas and any storm water detention or basins).
  2. Lot Coverage. No lot within the T-R District may have more than fifty (50) percent of its land area covered by buildings or other impervious material.
  3. Lot Width. The minimum width of any lot for a dwelling shall be ninety (90) feet, measured at the required front yard set back line.

(Ord. 2015-02, 02/10/15)

HISTORY
Amended by Ord. 2021-15 on 8/24/2021

3.02.050 Setback Requirements (See Appendix For Drawing)

  1. Dwellings and Other Main Buildings
    1. Front Yard. The minimum front yard for all main dwelling structures shall be thirty (30) feet (measured from the front property line).
    2. Side Yard Interior Lots. All dwellings shall be situated on the lot to allow for a side yard on each side of the main building the aggregate widths of which shall be at least twenty-two (22) feet. Neither side yard shall be less than ten (10) feet wide.
    3. Side Yard Corner Lots. On corner lots, the front and side yard requirements shall be the same as above, except that the side set back from the street for all buildings shall not be less than thirty (30) feet.
    4. Rear Yard Interior Lots. All main dwelling structures shall be set back from the rear property line a distance not less than twenty (20) feet.
    5. Rear Yard Corner Lots. All main dwelling structures shall be set back from the rear property line a distance of twenty (20) feet.
  2. Customary Residential Accessory Structures. All Customary Residential Accessory Structures (henceforth referred to as Accessory Structures) shall be located in accordance with the setbacks and regulations outlined below. Accessory Structures that also meet the classification of Accessory Building shall require a building permit. Swimming pools have separate location requirements (see item b).
    (Amended by Ord. No. 2006-14, 9/12/06; Ord. No. 2010-03, 8/24/10)
    1. Accessory Structures.
      1. Setback from main building. Accessory Structures shall be set back not less than five (5) feet from the main building. Additionally, Accessory Buildings which are located twelve (12) feet or closer to a main building and are attached to the main building by a common roof or wall shall be considered as part of the main building and shall meet the same setbacks as the main building.
      2. Side Setback - Corner Lot, Side Abutting a Street. Accessory Structures shall be set back not less than forty (40) feet from the side lot line which abuts on a street. except that a two (2) foot minimum side setback may be allowed if the conditions outlined in section iv 1-8 can be met. A fence will also be required along the side yard property abutting a street as a condition for decreased side yard setbacks on a corner lot
      3. Front Setback. Accessory Structures shall be set back not less than forty (40) feet from the front property line.
      4. Side and Rear Setback - Interior Lot Line. Accessory Structures shall be set back no less than ten (10) feet from the rear lot line and five (5) feet from the side lot line, except that a two (2) foot minimum rear or side setback shall be required when all the following conditions are met:
        1. The Accessory Structure is located more than twelve (12) feet from an existing dwelling on the same or adjacent lot;
        2. If the Accessory Structure is an Accessory Building. it shall contain no openings on the side contiguous to the lot line;
        3. No drainage from the roof will be discharged onto an adjacent lot;
        4. The Accessory Structure shall be constructed of non-combustive materials or have fire resistive walls rated at one (1) hour or more;
        5. The Accessory Structure will not be placed on land designated as a recorded easement, such as a utility or trail easement, unless the owner(s) of said easement agree(s) to allow the encroachment. Documentation of the agreement shall be provided to the City;
          1. When utilities are present in an easement, the Accessory Structure shall not be permanently attached to the ground and can be moved or relocated within 24 hours. Fines shall be issued for buildings that cannot be moved within 24 hours.
          2. The owner acknowledges that they bear all costs of moving the Accessory Structure, including damage to the property, in the event an easement needs to be accessed.
        6. The Accessory Structure will not be taller than twelve (12) feet six (6) inches to the top of the roof line;
        7. If the Accessory Structure is an Accessory Building, it will not exceed 200 square feet in size;
        8. The City Council may grant additional exceptions to the above conditions if the Accessory Structure will be located adjacent to a non-residential property; and
        9. No minimum rear or side setback shall be required if the building will not be taller than ten (10) feet to the top of the roof line.
    2. Swimming Pools. All swimming pools require a building permit and shall be located in accordance with the setbacks outlined below. Swimming pools shall not be permitted in a recorded easement. Setbacks are measured from the wall of the pool to the property line.
      1. Front Setback. Swimming pools shall be set back not less than forty (40) feet from the front property line.
      2. Side Setback – Corner Lot, Side Abutting a Street. Swimming pools shall be set back not less than ten (10) feet from the side lot line which abuts on a street.
      3. Side and Rear Setback - Interior Lot Line. Swimming pools shall be set back not less than ten (10) feet from a side or rear lot line.

    3. Sports Courts. All sports courts shall be located in accordance with the setbacks outlined below. Sports courts shall not be permitted in a recorded easement. Setbacks are measured from the nearest edge of the court to the property line.
      1. Front Setback. Sports courts shall be set back not less than forty (40) feet from the front property line.
      2. Side Setback – Corner Lot, Side Abutting a Street. Sports courts shall be set back not less than ten (10) feet from the side lot line which abuts on a street.
      3. Side and Rear Setback - Interior Lot Line. Sports courts shall be set back not less than ten (10) feet from the side or rear lot line.
      4. The Planning Commission may grant an exception to the front yard or side yard setback to locate a sports court on a lot with three sides where the longest side abuts a street, subject to the following requirements.
        1. The sports will be no closer than ten feet (10') to the property line abutting the street;
        2. No part of the court shall be located in any designated easement. 
        3. The sports court may not be located closer than thirty feet (30') from any dwelling on adjacent neighboring property.
        4. A privacy fence shall be installed so that the sports court (excluding light poles) is not visible from the street, subject to any clear view requirements as determined by the city engineer.

(Ord. 2015-02, 02/10/15)

HISTORY
Amended by Ord. 2019-11 on 6/25/2019
Amended by Ord. 2021-06 on 3/9/2021
Amended by Ord. 2022-03 on 2/22/2022
Amended by Ord. 2023-28 on 11/14/2023

3.02.060 Building Requirements

  1. Height of Dwellings. The maximum height of any dwelling or other main building shall be thirty-four (34) feet, as determined in accordance with the provisions of DCA 3.21.080. (Ord 96-15, 12/18/96).
  2. Height of Customary Residential Accessory Structures. The maximum height of any Accessory Structure shall be twenty (20) feet as measured from the average finished grade of the ground surface adjacent to the foundation of the structure to the top of the ridge line.

    For every one (1) foot of additional height above twenty (20) feet, an additional two (2) feet of side yard and rear yard setback will be required. The maximum height of an Accessory Structure as measured to the ridgeline shall be thirty (30) feet.

  3. Exceptions to Height Requirements. Chimneys, flag poles, television antennas, and similar ancillary structures not used for human occupancy shall be excluded in determining height, provided that no such ancillary structure shall extend to a height in excess of fifteen (15) feet above the building.

(Ord. 2015-02, 02/10/15)

HISTORY
Amended by Ord. 2022-03 on 2/22/2022

3.02.070 Access Requirements

Each lot shall abut upon and have direct access to an existing City-maintained street or a street, which has been formally accepted by action of the City Council. The distance of said abutting side shall be not less than the minimum lot width requirement of the zone except that the length of said abutting side may be reduced to not less than sixty (60) feet when the lot abuts upon a cul-de-sac or sharp curve and the side lot lines radiate in such a manner than the width of the lot, measured between the side lot lines at the minimum front setback line will meet or exceed the minimum width requirements of the zone.

(Ord. 2015-02, 02/10/15)

3.02.080 Utility Requirements

  1. Culinary Water. All dwellings and other structures to be used for human occupancy shall be served by the City’s water system. The system serving the dwelling shall be capable of providing water to the dwelling of a volume sufficient for both culinary and fire fighting purposes and at a pressure of not less than 40 p.s.i. as determined by the City Engineer.
  2. Domestic Sewage Disposal. All dwellings and other structures that generate sewage shall be connected to and served by the city sewer system, unless a different system is allowed by the city council under Section 14.04.010 of the Municipal Code of Alpine City (“MCA”), as amended.

(Ord. 2015-02, 02/10/15)

HISTORY
Amended by Ord. 2024.01 on 1/9/2024

3.02.090 Special Provisions

  1. Heliports. The installation of a heliport for the use of a helicopter or other manned rotary wing aircrafts capable of vertical takeoff or landing is prohibited. The taking off or landing of helicopters or other manned rotary-wing aircraft is prohibited within the city, except when used by first responders in the performance of their official duties.
  2. Short Term Rentals. Short Term Rentals are prohibited.
  3. Outdoor Lighting.
    1. Outdoor Recreation Areas. All lighting shall be shielded and directed to illuminate only the areas in use. Light Trespass onto an adjacent property or public right of way is prohibited. Lighting is permitted from 7:00 am to 11:00 p.m., or 30 minutes after use of the Outdoor Recreation Area ceases, whichever is earlier.
    2. Home and Landscape Lighting. All lighting shall be shielded and directed to illuminate only the areas in use. Light Trespass onto an adjacent property or public right of way is prohibited


    (Ord. 2015-02, 02/10/15)
HISTORY
Amended by Ord. 2020-02 on 4/14/2020
Amended by Ord. 2020-19 on 11/10/2020
Amended by Ord. 2022-19 on 7/12/2022
Amended by Ord. 2025-11 on 7/8/2025

2023-27

2022-18

2023-01

2023-22

2021-15

2019-11

2021-06

2022-03

2023-28

2024.01

2020-02

2020-19

2022-19

2025-11