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Alpine City Zoning Code

3.07 A

Town Center Residential Overlay Zone

3.07-A.010 Purpose

The purpose of this chapter is to introduce residential uses within a specified commercial area, creating a greater mix of uses in locations that provide transportation options and access to needed services.

HISTORY
Adopted by Ord. 2025-24 on 10/28/2025

3.07-A.020 Applicability

  1. The Town Center Residential Overlay Zone (TCROZ) shall be applied only to the Business-Commercial Zone (B-C).
  2. Approval of the TCROZ constitutes a rezone, which may be approved or denied in the City Council’s sole discretion.
  3. The TCROZ includes residential uses as described in this chapter.


HISTORY
Adopted by Ord. 2025-24 on 10/28/2025

3.07-A.030 Development Agreement


All applicants receiving TCROZ approval shall be required to enter into a development agreement with Alpine City to ensure that the development negotiated and defined during the rezone process and required by this chapter is reflected in the actual construction and maintenance of the project.

HISTORY
Adopted by Ord. 2025-24 on 10/28/2025

3.07-A.040 Uses


Residential and accessory buildings shall be permitted in the TCROZ pursuant to the requirements and procedures of this chapter.

HISTORY
Adopted by Ord. 2025-24 on 10/28/2025

3.07-A.050 Site Design

  1. Height and Setbacks for 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 have a total combined side yard width of at least twenty-two (22) feet, with no single side yard less than ten (10) feet.
    3. Side Yard – Corner Lots: On corner lots, the front and side yard requirements shall be the same as above, except that the side setback from the street shall be at least thirty (30) feet.
    4. Rear Yard – Interior Lots: All main dwelling structures shall be set back at least twenty (20) feet from the rear property line.
    5. Rear Yard – Corner Lots: All main dwelling structures shall be set back at least twenty (20) feet from the rear property line.
    6. 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 ._.080.
  2. 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 floodplain and any stormwater detention basins.
    2. Lot Coverage: No lot may have more than fifty percent (50%) of its land area covered by buildings or other impervious material.
  3. Lot Width: The minimum width of any lot shall be ninety (90) feet, measured at the required front yard setback line.
  4. Accessory Structures
    1. General Requirements: All customary residential accessory structures (Accessory Structures) shall comply with the following setbacks and regulations. Accessory Buildings require a building permit.
      1. Setbacks:
        1. From Main Building: Minimum five (5) feet. If attached or within twelve (12) feet, the structure shall be considered part of the main building.
        2. Side Setback – Corner Lot (Street Abutting): Minimum forty (40) feet from the side lot line abutting a street, except that a two (2) foot minimum may be allowed under specified conditions and with a fence.
        3. Front Setback: Minimum forty (40) feet from the front property line.
        4. Side and Rear Setback – Interior Lots: Minimum ten (10) feet rear and five (5) feet side, with a possible reduction to two (2) feet if all of the following are met:
        5. Structure is more than twelve (12) feet from a dwelling;
        6. No openings on the side facing the lot line;
        7. No roof drainage onto adjacent lots;
        8. Constructed of non-combustive or fire-resistive materials;
        9. Not within a recorded easement unless allowed by easement holder;
        10. Movable within twenty-four (24) hours if within an easement;
        11. Not taller than twelve feet six inches (12’6”);
        12. Not more than 200 sq. ft. in size if an Accessory Building;
      2. The City Council may grant setback exceptions adjacent to non-residential properties.
      3. Height of Accessory Structures:
        1. Maximum twenty (20) feet to the ridge line.
        2. For each additional one (1) foot in height above twenty (20) feet, increase side and rear setbacks by two (2) feet.
        3. Absolute maximum height shall not exceed thirty (30) feet.
        4. Chimneys, flag poles, antennas, and similar non-occupancy structures may exceed these limits by up to fifteen (15) feet.
    2. Swimming Pools and Related Facilities
      1. A building permit is required.
      2. No pools or related facilities may be located within a recorded easement.
      3. Setbacks:
        1. Side – Corner Lot (Street Abutting): Minimum ten (10) feet.
        2. Side/Rear – Interior Lots: Minimum ten (10) feet.
        3. Front: Minimum forty (40) feet.
        4. Height: Maximum ten (10) feet from average natural grade.
        5. Exceptions to height or placement may be granted by City Council if the facility is attached to a dwelling and meets dwelling setbacks.
    3. Sports Courts
      1. Sports courts shall not be permitted in a recorded easement.
      2. Setbacks:
        1. Front: Minimum forty (40) feet.
        2. Side – Corner Lot (Street Abutting): Minimum ten (10) feet.
        3. Side/Rear – Interior Lots: Minimum ten (10) feet.
        4. Exception for Irregular Lots: The Planning Commission may allow reduced setbacks where the lot has three sides, subject to:
          1. Court no closer than ten (10) feet to a street-abutting property line;
          2. No encroachment into easements;
          3. Minimum thirty (30) feet from any dwelling on adjacent property;
          4.  Privacy fence required to obscure court from street view.
      3. Access Requirement Each lot shall abut and have direct access to a City-maintained or City-accepted street. The minimum frontage shall be the required lot width of the zone, except that cul-de-sac or curve lots may reduce frontage to sixty (60) feet if the width at the front setback meets the zone’s minimum.
    4. Utility Requirements
      1. Culinary Water: All occupied structures shall connect to the City’s water system, with at least 40 psi pressure as determined by the City Engineer.
      2. Sewer: All occupied structures shall connect to the City sewer system unless an alternate system is approved under MCA §14.04.010.


HISTORY
Adopted by Ord. 2025-24 on 10/28/2025

3.07-A.060 Application Process

  1. General Requirements
    1. The TCROZ application shall be processed as a rezone and must include a draft development agreement.
  2. Pre-Application Conference
  3. Applicants shall meet with the Planner and City Engineer prior to submission.
  4. Required Studies
    1. Geotechnical study required for any building over one (1) story
    2. Traffic study required for projects with twenty (20) or more residential units.
  5. Fees
    1. Applicants shall pay the rezone application fee and all study costs.
  6. Visual Presentation
    1. Applicants shall submit a visual presentation showing proposed development in context with surroundings.
  7. Planning Commission Review
    1. The Planning Commission shall hold a public hearing and recommend approval, conditional approval, or denial.
  8. City Council Review and Public Hearing
    1. The City Council may approve, modify, or deny the proposed rezone and development agreement.




HISTORY
Adopted by Ord. 2025-24 on 10/28/2025

3.07-A.070 Special Provisions


  1. Heliports: Prohibited except for first responder use.
  2.  Short-Term Rentals: Prohibited.
  3.  Outdoor Lighting:
    1. Outdoor Recreation Areas: Lighting shall be shielded and directed downward. Light trespass onto adjacent property or rights-of-way is prohibited. Lighting is permitted from 7:00 a.m. to 11:00 p.m. or 30 minutes after use ends, whichever is earlier.
    2. Home and Landscape Lighting: Must be shielded and directed to prevent light trespass onto adjacent properties or rights-of-way.
HISTORY
Adopted by Ord. 2025-24 on 10/28/2025

2025-24