The CE-5 Zone consists primarily of the more mountainous areas of the City which, because of the presence of steep slopes, unique soil characteristics, wild fire hazard or similar natural condition are considered environmentally sensitive.

It is the intent and purpose of the City Council in establishing the zone to set minimum standards for the use of land within the zone and to establish guidelines for development activities thereon which recognize and balance the following:

1. The need to preserve sensitive environmental conditions;
   
2. The need to mitigate potentially unsafe conditions in the area and prevent development that might increase hazards due to such conditions;
   
3. The rights of property owners to the reasonable use and enjoyment of their land; and,
   
4. The need to preserve a healthy, safe and aesthetic living environment for occupants of the zone and the surrounding community.
   

It is anticipated that uses in the zone will be limited to one-family dwellings in naturalistic settings with associated personal uses and structures. Such uses will be permitted in those portions of the zone which are most suitable for development activity (Dwelling Cluster areas) interspersed with large and undisturbed open space areas.

(Ord. 95-28, 11/28/95)

The following buildings, structures and uses of land shall be permitted upon compliance with the conditions set forth in this Ordinance.

1. The keeping and raising of animals and fowl for family food production or enjoyment, subject to conditions for such use as set forth in DCA 3.21.090 of Supplementary Regulations.
   
2. Agriculture, including the raising of row crops, grains and fruits.
   
3. Customary household pets.
4. Accessory Dwelling Unit subject to the applicable provisions of DCA 3.14.
   

(Ord. 95-28, 11/28/95)

The following buildings, structures, and uses of land may be allowed upon compliance with the provisions of this ordinance and after approval shall have been given from the designated review agency. 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 of record existing at the time of the territory is placed into the CE-5 Zone, or a lot within a Planned Residential Development, in either case, subject to compliance with the applicable conditions within the zone and approval of a site plan by the Planning Commission.
   
2. Planned Residential Developments (PRD), subject to compliance with the provisions of DCA 3.09.
   
3. 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.
   
4. 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.
   
5. Home Occupations, subject to the provisions of DCA 3.23.070 Part 3.
   
6. Guest Houses, subject to the applicable provisions of DCA 3.23.070 Part 2.
   
7. Park and recreation enterprises when owned and operated by a public agency.
   
8. Plant nurseries and tree farms, but not including retail sales of materials on site.
   
9. Incidental Produce Stands, subject to the provisions of DCA 3.23.070 Part 4. (Ord 96-05, 4/10/96)
10. Shooting Galleries, subject to the applicable provisions of MCA 9.17 .
    

(Ord. 95-28, 11/28/95)

There shall be no minimum area or width requirements except as may be set forth on the final plat of a Planned Residential Development. There shall be no building or impervious materials on slopes over 25%.

(Ord. 95-28, 11/28/95)

Same as required within the CR-40,000 Country Residential Zone or as set forth on the final plat of the Planned Residential development, as applicable.

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.
         
      3. Front Setback. Accessory Structures shall not be set back 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. The Accessory Structure contains 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.

(Ord. 95-28, 11/28/95)

Each parcel 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 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.

(Ord. 95-28, 11/28/95)

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.
   

(Ord. 95-28, 11/28/95)

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 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.

(Ord. 95-28, 11/28/95)

Where development in the CE-5 zone falls within the Hillside Protection Zone, the requirements of DCA 3.12.090 apply.

(Ord. 95-28, 11/28/95)

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 Areas 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. 95-28, 11/28/95)