The CR-40,000 Zone includes the territory, generally located around the periphery of the City, considered appropriate for low density residential development. While much of the land is presently used for agriculture, or is vacant or wildland, the zone does contain several single-unit dwellings on large lots (one acre or larger). Also included in the zone are those areas which as a result of the presence of steep slope, adverse soil characteristics, flood hazard, mudflow or earthquake potential, wildfire hazard or similar critical and sensitive natural conditions are considered environmentally fragile.

It is hereby declared to be the intent and purpose of the City Council in establishing the CR- 40,000 Zone:

1. To delineate environmentally sensitive areas within the City and to establish standards and guidelines for the uses and development activities occurring therein which recognize and appropriately balance:
   
   1. the need for the preservation of the natural environmental conditions,
      
   2. the need for mitigation of potentially adverse or unsafe conditions arising from development activities,
   3. the protection of the interests of subsequent purchasers and occupants, and
      
   4. the rights of owners to the reasonable use of their property.
      
2. To avoid or mitigate the effect of natural hazards from earthquakes, landslides, floods, fires and similar calamities and to reduce the potential for subsequent public involvement or expenditure in mitigation of such adverse or unsafe conditions occurring as a result of the disruption of natural conditions by development activity.
   
3. To protect and conserve the culinary water supply, sensitive vegetation, soil, wildlife habitat and other natural resources within the area.
   
4. To facilitate and encourage the location, design, and construction of uses, development projects and building sites in the zone area which provide maximum safety and human enjoyment consistent with the natural limitations and the need for protection of the environment.
   
5. To preserve the aesthetic appearance of the landscape. Because of the fragile nature of the land in this zone, special conditions and requirements are attached to developments occurring therein to more effectively promote the purposes stated above and to mitigate the potential adverse aspects of developments in the area. The requirements hereinafter set forth are considered the minimum necessary to accomplishments of the purpose and intent in establishing this zone.

(CR-1 Created by Ord. 91-01, 4/9/91 and amended by Ord. 95-04, 2/3/95; Ord. 2014-11, 6/24/14)

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. Agriculture including the raising of row crops, grains and fruits.
   
3. The raising, care and keeping of livestock and fowl for family food or recreation subject to the provisions of DCA 3.21.090 of Supplementary Regulations.
   
4. Public park and recreation developments.
   
5. Customary residential accessory structures which are an integral part of and incidental to an approved dwelling.
   
6. Customary household pets.
7. Accessory Dwelling Unit subject to the applicable provisions of DCA 3.14.
   

(CR-1 Created by Ord. 91-01, 4/9/91 and amended by Ord. 95-04, 2/3/95; Ord. 2014-11, 6/24/14)

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. However, no development will be allowed where any part of the zoning lot is above an elevation of 5350 feet mean sea level except as noted in DCA 3.12.

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. Subdivisions projects, subject to compliance with the applicable requirements of the subdivision ordinance, except that:
   1. where any portion of the area included within the subdivision shall lie within the territory designated within the Sensitive Lands Overlay Zone (SLO zone) or
   2. as the City may designate, the subdivision shall be developed only under the provisions of DCA 3.09 Code relating to Planned Residential Developments.
3. Planned Residential Developments (PRD), subject to compliance with the provisions of DCA 3.09.
4. 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.
5. Motor vehicle roads and rights-of-way subject to compliance with City standards for design and construction for such uses and upon approval of a site plan by the planning commission.
6. Home Occupations, subject to the provisions of DCA 3.23.060 Part 2.
7. Guest Houses, subject to the applicable provisions of DCA 3.23.060 Part 1.
8. Schools, Churches, Hospitals (Human Care) and similar quasi public buildings..
9. Incidental Produce Stands, subject to the provisions of DCA 3.23.060 Part 4. (Ord 96-05, 4/10/96)
10. Buildings and other structures for the storage and keeping of agricultural products and machinery.
11. Plant nurseries and tree farms, but not doing retail sale of materials on site.
12. Civic Buildings.
13. Shooting Galleries, subject to the applicable provisions of MCA 9.17
    

(CR-1 Created by Ord. 91-01, 4/9/91 and amended by Ord. 95-04, 2/3/95; Ord. 2014-11, 6/24/14)

1. The minimum area and width requirements of a zoning lot shall be determined upon the average slope of the lot and shall conform to the following schedule:
   
   

   Average Slope of Lot*	Minimum Area (in square feet)	Minimum Width (at min. front setback)
   0-9.9%	40,000 (.92 ac)	110 ft.
   10-14.9%	60,000 (1.36 ac)	150 ft.
   15-19.9%	80,000 (1.84 ac)	200 ft.
   20-24.9%	120,000 (2.76 ac)	250 ft.
   25%+	Not Buildable	Not Buildable

   *Average Slope of Lot shall be determined in accordance with the provisions of DCA 3.01.110 "Average Slope of Lot."
   
2. The zoning lot shall contain a minimum of 40,000 square feet of area outside the mapped 100 year flood plain areas and any storm water detention or retention basin areas.
   
3. The City Council may, with a recommendation from the Planning Commission and with input from the applicant, modify lot lines to reduce angles, corners, and odd configurations when:
   1. A concept plan has been provided which meets the criteria set forth in Part 1 of this Section;
   2. The modified concept plan does not have any more or less lots than were shown in the concept plan;
   3. The modified concept plan does not contain any lots which have less than 110 feet of frontage or 40,000 square feet in total area;

(CR-1 Created by Ord. 91-01, 4/9/91 and amended by Ord. 95-04, 2/3/95; Ord. 2014-11, 6/24/14)

1. Dwellings and other Main Buildings (Ord. 97-02, 2/25/97). All dwellings and other main buildings shall be setback from the lot boundary lines as follows:
   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. For single-unit detached dwellings, main buildings shall be situated on the lot to allow for a side yard on each side of the main building the aggregate width of which shall be at least thirty (30) feet. Neither side yard shall be less that twelve (12) feet.
   3. Side Yard - Corner Lots. On corner lots, the front, rear and side yard requirements shall be the same as above, except that the set back on any side that faces onto a public street shall be not 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 of not less than thirty (30) feet.
   5. Rear Yard - Corner Lots. Rear yard set back for dwellings on corner lots shall be the same as that required for interior lots.
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. 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 not less than fifteen (15) feet from the rear lot line and ten (10) 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 Accessory Structure, the building 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.

(CR-1 Created by Ord. 91-01, 4/9/91 and amended by Ord. 95-04, 2/3/95; Ord. 2014-11, 6/24/14)

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 eighty (80) feet when the lot abuts upon a cul-de-sac or sharp curve and the side lot lines radiate in such a manner that 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.

(CR-1 Created by Ord. 91-01, 4/9/91 and amended by Ord. 95-04, 2/3/95; Ord. 2014-11, 6/24/14)

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 at a volume sufficient for both culinary and fire fighting purposes and at a pressure of not less than forty (40) psi 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.
   

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 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 ridgeline.
   
   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.
4. Buildable Area Required (Ord. 97-02, 2/25/97)
   1. Each zoning lot shall contain at least one Designated Buildable Area of not less than five thousand (5,000) sq. ft. All dwellings and other habitable structures and accessory buildings shall be located within the Designated Buildable Area.
   2. Each Designated Buildable Area shall conform to the criteria for qualification as a "Buildable Area" as defined in this Ordinance. Except that the Planning Commission may approve or require the placement of the Designated Buildable Area in a location within the lot which does not conform to one or more of the criteria for Buildable Area, upon a finding that the proposed Designated Buildable Area: (1) will more adequately accommodate subsequent development of the lot, and (2) will not constitute a potential hazard to life or property, and/or (3) will serve to diminish the negative impact of subsequent development upon the lot or community (i.e. extra-ordinary construction of driveway access, mitigate visual intrusion of structure on ridge line).
   3. Where considered appropriate, the Planning Commission may require a subdivider to identify a Designated Building Area on one or more of the lots within a proposed subdivision. The location of each Designated Buildable Area shall be shown upon the preliminary plan and shall also be identified and described on the final plat, together with a notation to the effect that all main and accessory buildings shall be located within the Designated Buildable Area.
   4. On any lot where a Designated Buildable Area is shown, the boundary of said area shall be deemed to constitute the setback requirements applicable to the lot. Where an entire lot area qualifies as a Buildable Area, no designation on the final plat shall be required.
   5. Except as permitted pursuant to Part 4,b, any portion of a lot which has been graded to produce a percent of slope to qualify under the Buildable Area, criteria shall be excluded from consideration as part of the Designated Buildable Area.

Where development in the CR-40,000 zone falls within the Hillside Protection Overlay Zone, the requirements of DCA 3.12.090 apply.

(CR-1 Created by Ord. 91-01, 4/9/91 and amended by Ord. 95-04, 2/3/95; Ord. 2014-11, 6/24/14)

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.
      

(CR-1 Created by Ord. 91-01, 4/9/91 and amended by Ord. 95-04, 2/3/95; Ord. 2014-11, 6/24/14)