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Columbus City Zoning Code

ESTABLISHMENT OF

ZONING DISTRICT AND MAP

§ 154.060 USE DISTRICTS.

   For the purpose of this chapter, the town is hereby divided into the following use districts:
   (A)   Residential Estate (RE);
   (B)   Low Density Residential District (R-1);
   (C)   Community Residential-Medium Density Residential (R-2);
   (D)   Central Business District (CBD);
   (E)   I-26 Corridor Overlay Area (I-26 COA);
   (F)   Highway Commercial District (HC);
   (G)   Industrial District (IND);
   (H)   Public Service District (PS);
   (I)   Mixed Use District (MU); and
   (J)   Traditional Neighborhood District (TND).
(Ord., Art. VII, § 700, passed - -; Am. Ord. 2010-05, passed 7-14-2010; Am. Ord. passed 3-16-2017)

§ 154.061 ESTABLISHMENT OF DISTRICT BOUNDARIES.

   The boundaries of these districts are hereby established as shown on the official zoning map of the town.
(Ord., Art. VII, § 701, passed - -)

§ 154.062 ZONING MAP.

   (A)   A zoning map entitled the "Official Zoning Map of the Town of Columbus" clearly setting forth all approved use districts and their respective boundaries is hereby made a part of this chapter and shall be maintained in the office of the Zoning Administrator of the town.
   (B)   This map shall be available for inspection by interested persons during normal business hours of the Zoning Administrator. It shall be the duty of the Zoning Administrator of the town to maintain the map and post any changes thereto as they may be made.
(Ord., Art. VII, § 702, passed - -)

§ 154.063 RULES GOVERNING DISTRICT BOUNDARIES.

   Where uncertainly exists with respect to the boundaries of any of the aforesaid districts as shown on the zoning map, the following shall apply.
   (A)   Boundaries indicated as approximately following the centerlines of streets, highways, alleys, streams, rivers or other bodies of water, should be construed to follow the lines.
   (B)   Boundaries indicated, as approximately following platted lot lines shall be construed as following the lot lines.
   (C)   Boundaries indicated, as approximately following town limit lines shall be construed as following the town lines.
   (D)   Where district boundaries are so indicated they are approximately parallel to the centerlines of streets, highways, railroads or right-of-way of same, the district boundaries shall be construed as being parallel thereto and at such distance therefore as indicated on the zoning map. If no distance is given, the dimension shall be determined by the use of the scale shown on the zoning map.
   (E)   Where a district boundary line divides a lot of single ownership, the district requirements for the least restricted portion of the lot shall be deemed to apply to the whole thereof, provided that the extensions shall not include any part of the lot more than 35 feet beyond the district boundary lines.
   (F)   Where physical features existing on the ground are at variance with those shown on the official zoning map, or in other circumstances not covered by divisions (A) through (E) above, the Board of Adjustment shall interpret the district boundaries.
(Ord., Art. VII, § 703, passed - -)

§ 154.064 STATEMENT OF DISTRICT INTENTS.

   (A)   Residential Estate (RE). The Residential Estate (RE) district as herein established is intended to be the most restrictive of the residential districts. The intent is to provide for an environment of low density one-family detached dwelling units along with other residentially related facilities which serve the residents in this district. These areas will often be dependent on private, individual septic tanks and wells; therefore, requiring larger lot sizes to sustain individual water supplies and sewage disposal facilities. These areas may have soil and topographic constraints that preclude intense urban development.
   (B)   Low Density Residential District (R-1). The Low Density Residential District is primarily intended to provide locations for low-density residential development in outlying rural areas that are not likely to have public water and sewer services available and may have soil and topographic constraints that preclude intense urban development. These areas often will be dependent upon private, individual septic tanks and wells; therefore, requiring larger lot sizes to sustain individual water supplies and sewage disposal facilities. This district also provides for recreational, community service and institutional uses that will complement the residential development. This district will be applied within those areas designated on the land use plan as Low Density Residential areas.
   (C)   Community Residential-Medium Density Residential District (R-2). The Community Residential-Medium Density Residential District is primarily intended to provide locations for residential uses and supporting recreational and community service uses in area where generally both Town public water and sewer services are available. These are the more urban areas of the community and will be primarily within the town limits and in close proximity to public and private services and the town's central business district. This district is intended to protect existing single-family homes and subdivisions within the town. This district will be applied within those areas designated on the land use plan as Medium Density Residential areas.
   (D)   Central Business District (CBD). The Central Business District is intended to be the primary retail and service center, and focal point of the community. This district provides for the concentration of commercial uses, professional services, financial services, governmental functions, and related services. The CBD area currently has access to both public water and sewer services, and dimensional requirements for this district are intended to encourage concentrated commercial development and to promote convenient pedestrian shopping in pleasant surroundings. This district will be applied to the existing commercial center and to adjacent properties that with commercial development will complement and enhance the CBD as the retail and service center of the community. This district will be applied within the commercial areas as designated on the land use plan.
   (E)   I-26 Corridor Overlay Area (I-26 COA). The I-26 Corridor Overlay boundaries are from the concrete right-of-way monument set at the east intersection of Highway 26 and Highway 108, at the corner of Spartan Petroleum Company and running east 500 feet on Highway 108 to a line parallel to the right-of-way of 1-26, and also at the concrete right-of-way monument set at the west intersection of Highway 26 and Highway 108, at the corner of the McFarland tract and running west 500 feet on Highway 108 to a line parallel to the right of way of 1-26. This overlay area has the same requirements as in the Highway Commercial District, but also has additional requirements for tall signs and electronic gaming operations.
   (F)   Highway Commercial District (HC). The Highway Commercial District is intended to provide suitable locations for clustered groupings of highway commercial development in convenient locations along N.C. 108, to serve local residences and persons traveling by automobile. Urban sprawl, congestions, and strip commercial development will be discouraged by promoting good design, clustered developments, and by guiding commercial development primarily to areas that have water and sewer services and suitable soil and topographic conditions. These areas should provide sufficient space for ample off-street parking and well designed entrances and exits to avoid traffic congestion and safety hazards. Highway commercial areas are intended for commercial enterprises and services that require greater land area and lot dimensions than establishments locating in the Central Business District. This district will be applied within the commercial areas as designated on the land use plan.
   (G)   Industrial District (IND). The Industrial District is intended to provide sites for manufacturing and industrial uses, storage and warehousing, wholesale trade, and other major employment centers. These locations should currently have both public water and sewer services available or be expected to have these services in the future, and have suitable soil and topographic conditions to sustain the development. This district includes existing manufacturing areas, and sites suited for future or further industrial development, and area designated on the land use plan as Industrial Centers. Only those manufacturing uses will be allowed which have meet all local, state, and federal environmental standards, and do not involve obnoxious noise, vibrations, smoke, gas, fumes, odor, dust, fire hazards or other objectionable conditions which would be detrimental to the health, safety and general welfare of the community.
   (H)   Public Service District (PS). The Public Service District is intended to be an area containing a concentration of public service activities such as recreation areas, educational facilities, hospitals, emergency services and the like. This district is intended to preserve existing public service centers and will apply to those areas designated on the land use plan as Public Service Centers.
   (I)   Mixed-Use District (MU). The Mixed-Use District is established to provide opportunities for compatible and sustainable re-development where underutilized commercial properties already exist. The existing auto-oriented street, lot and building designs can create uncomfortable pedestrian environments; however, with careful site planning these areas will allow a greater number of residents to walk or bike to businesses and services with an interconnected network of streets and sidewalks. Dominant uses in this district are residential, retail and office. The Mixed-Use District is expected to serve Columbus residents as well as persons who travel from the surrounding communities. The development pattern in this district acknowledges the role of the automobile, with parking and access provided to ensure safety for the motoring public. Development standards in the Mixed-Use District ensure the creation of a pleasant auto-oriented environment while enabling a compatible transition to uses in adjacent districts. This District is available for rezoning only with the consent of the property owner(s).
   (J)   Traditional Neighborhood Development District (TND). The Traditional Neighborhood Development District provides for the development of new neighborhoods and the revitalization or extension of existing neighborhoods. These neighborhoods are structured upon a fine network of interconnecting pedestrian oriented streets and other public spaces. Traditional Neighborhood Developments (TND's) provide a mixture of housing types and prices, prominently sited civic or community building(s), stores/offices/workplaces, and churches to provide a balanced mix of activities. A Traditional Neighborhood Development (TND) has a recognizable center and clearly defined edges; optimum size is a quarter mile from center to edge. A TND is urban in form, is typically an extension of the existing developed area of the Town, and has an overall residential density of up to 16 dwelling units per acre. TND districts should have a significant portion of land dedicated to open spaces. This District is available for rezoning only with the consent of the property owner(s).
(Ord., Art. VII, § 704, passed - -; Am. Ord. 2010-05, passed 7-14-2010; Am. Ord. passed 3-16-2017)

§ 154.065 PERMITTED USE TABLE.

   (A)   P = Permitted.
   (B)   S - Allowed as a special use.
   (C)   Blank = not allowed.
   (D)   Use not listed = not allowed.
 
RE
R-1 LD
R-2 MD
CBD
HC
IND
PS
MU
TND
 
RE
R-1 LD
R-2 MD
CBD
HC
IND
PS
MU
TND
Single family residential (detached)
P
P
P
P
P
P
Single family residential (attached)
S
P
Duplex residential
S
S
P
P
Multi-family residential (only one building)
S
S
S
P
P
Planned unit developments-residential
S
S
S
S
P
Planned unit developments-commercial
S
S
S
P
Mobile homes
S
S
Mobile home parks
S
S
Nursing homes, assisted living facilities, and group care facilities
P
S
P
Family care homes
P
P
P
P
P
Home occupations
P
P
P
P
P
Accessory buildings
P
P
P
P
P
P
P
P
P
Accessory apartments
P
P
P
P
P
Accessory dwellings
S
S
S
P
Schools, public and private (of similar curriculum as public)
P
P
P
Business and special schools (art, craft, dance and the like)
P
P
P
P
Day nursery and private kindergarten
P
P
P
P
P
P
P
Hotels, motels
P
P
P
Rooming houses
P
Churches and cemeteries
P
P
P
P
P
P
P
Public or private non-profit recreational facilities (parks, playgrounds and the like)
P
P
P
P
P
P
P
P
Private recreational facilities -profit (bowling alleys, skating rinks and the like)
P
Government offices; U.S., state, local
S
P
P
P
P
Governmental facilities (storage yards, maintenance sheds, jails and the like)
S*
S
Public utility offices
P
P
P
P
Public utility stations and substations
S
S
S
P
P
P
P
P
Cemetery
P
P
P
P
P
P
P
Libraries
P
P
P
P
P
P
P
Radio and tv towers, water and sewer plants, water storage tanks, pumping stations
S
S
S
P
P
P
P
P
S
Banks and other financial institutions
P
P
P
P
Animal hospitals and veterinarian clinics
S
S
P
S
Theaters
P
P
P
P
Restaurants
P
P
P
P
Hospitals, health clinics and doctors’ offices
P
P
P
P
P
Professional campus
S
P
S
P
P
Physical fitness center business
P
P
P
P
Public associations, clubs or lodges (non-profit)
P
P
P
P
P
Country clubs
S
S
Greenhouses/plant businesses
P
P
P
Funeral homes
P
P
Kennels
S
Motor vehicle maintenance and repair
P
Motor vehicle sales and rental
S
P
Motor vehicle services station
P
P
Farm supply/hardware
P
P
P
Laundry and dry cleaning services
P
P
P
P
Photography shops and studio
P
P
P
P
Professional and business offices and services
P
P
P
P
P
Postal services
P
P
P
P
Printing and lithography
P
P
P
P
P
Repair services
P
P
Retail trade, commercial services
P
P
P
P
Sales and rental of goods, merchandise and equipment   
P
P
Manufacturing and processing operations
P
Operations
Storage and warehousing
P
P
S
S
Wholesale sales
P
P
Assembly halls, gym
S
P
P
P
P
Farm machinery assembly, sales and repairs
P
P
Travel trailer parks (campgrounds)
S
Bus and truck terminals
P
P
Electronic gaming operations
P**
Wireless telecommunication towers under 50 feet in height1
P
P
P
Wireless telecommunication towers 50 feet or greater in height1
S
S
S
1 The measurement of height shall include any building or structure to which the tower or antenna is attached.
* Modification of existing facilities is allowed by special use permit. No new facilities of this type are allowed in this district
** Electronic gaming operations are restricted to the I-26 Corridor Overlay Area.
 
(Ord., Art. VIII, passed - -; Am. Ord. 2010-05, passed 7-14-2010; Am. Ord. passed 12-20-2012; Am. Ord. passed 3-16-2017)

§ 154.066 DIMENSIONAL REQUIREMENTS.

   (A)   Regulations pertaining to Mixed Use (MU) Districts.
      (1)   Intent. The Mixed-Use District (MU) is established to provide opportunities for compatible and sustainable re-development where underutilized commercial properties already exist. The existing auto-oriented street, lot, and building designs can create uncomfortable pedestrian environments; however, with careful site planning these areas will allow a greater number of residents to walk or bike to businesses and services with an interconnected network of streets and sidewalks. Dominant uses in this district are residential, retail and office. The Mixed-Use District is expected to serve Columbus residents as well as persons who travel from surrounding communities. The development pattern in this district acknowledges the role of the automobile, with parking and access provided to ensure safety for the motoring public. Development standards in the Mixed-Use District ensure the creation of a pleasant auto-oriented environment while enabling a compatible transition to uses in adjacent districts. This District is available for rezoning only with the consent of the property owner(s).
      (2)   Residential density limits.
         (a)   Single Family Detached:      7 unit/acre;
         (b)   Single Family Attached:      17 units/acre; and
         (c)   Multifamily:            28 units/acre.
      (3)   Dimensional standards. 
 
Minimum lot size
Minimum lot width
Build-to-line
Minimum rear yard setback
Minimum side yard setback
6,000 sq. ft.
60 feet
16 feet
12 feet
0
 
(Unless a greater standard is otherwise required)
   (B)   Regulations pertaining to Traditional Neighborhood Districts (TND).
      (1)   Intent. The Traditional Neighborhood Development District (TND) provides for the development of new neighborhoods and the revitalization or extension of existing neighborhoods. These neighborhoods are structured upon a fine network of interconnecting pedestrian oriented streets and other public spaces. Traditional Neighborhood Developments (TND's) provide a mixture of housing types and prices, prominently sited civic or community building(s), stores/offices/workplaces, and churches to provide a balanced mix of activities. A Traditional Neighborhood Development (TND) has a recognizable center and clearly defined edges; optimum size is a quarter mile from center to edge. A TND is urban in form, is typically an extension of the existing developed area of the Town, and has an overall residential density of up to 16 dwelling units per acre. TND districts should have a significant portion of land dedicated to open spaces. This District is available for rezoning only with the consent of the property owner(s).
      (2)   Residential density limits.
         (a)   Single-family detached: seven units/acre;
         (b)   Single-family attached: 12 units/acre; and
         (c)   Multifamily development standards.
            1.   The multi-family development shall not exceed a total of seventy-two (72) dwelling units.
            2.   The maximum permitted density for the multi-family development shall be 14 1/2 units per acre.
            3.   The permitted building and lot types for the multi-family development in a single-family area shall be the detached house and the attached house building and lot types.
            4.   All parking for the multi-family development shall be located behind the building. The parking area shall be screened from adjacent properties and from the street with a screening device.
            5.   The buildings in the multi-family development shall be architecturally compatible with single family structures on the street on which the multi-family building is proposed. Elements that shall be incorporated into the design of the multi-family building to ensure architectural compatibility are:
               a.   The multi-family building shall be constructed of building materials similar to those used on single family structures on the street.
               b.   The roof pitch of the multi-family building shall be the same as that of the single-family structures on the street.
               c.   The fenestration of the multi-family building by location and size of windows and doors shall be similar to that of the single-family homes on the street.
               d.   Color renderings of the proposed building must be submitted with the application to ensure architectural compatibility.
            6.   No multi-family building shall be located closer than 48 feet to an existing multi-family building or development. The distance shall be measured along centerline of streets from the edge of the property proposed for development to the closest edge of the property on which the existing multi-family building or development is located.
      (3)   TND general requirements.
         (a)   Along existing streets, new buildings shall respect the general spacing of structures, building mass and scale, and street frontage relationships of existing buildings.
            1.   New buildings which adhere to the scale, massing, volume, spacing, and setback of existing buildings along fronting streets exhibit demonstrable compatibility.
            2.   New buildings which exceed the scale and volume of existing buildings may demonstrate compatibility by varying the massing of buildings to reduce perceived scale and volume.
         (b)   On new streets, allowable building and lot types will establish the development pattern.
         (c)   A master plan in compliance with Traditional Neighborhood Development standards shall be provided with the zoning permit submittal for a general district TND. The master plan shall include a topographic survey and shall show the location and hierarchy of streets and public open spaces, location of residential, commercial, and civic building lots, street sections and/or plans, a master sign program, an outline of any additional regulatory intentions, phasing, and any other information, including building elevations, which may be required to evaluate the interior pedestrian environment and conditions at project edges.
         (d)   Minimum Development Size: eight acres.
         (e)   Maximum Development Size: none.
      (4)   TND design requirements.
         (a)   Neighborhood form.
            1.   The area of the TND shall be divided into blocks, streets, lots, and open space.
            2.   Similar land uses shall generally front across each street. Dissimilar categories shall generally abut at rear lot lines. Corner lots which front on streets of dissimilar use shall generally observe the setback established on each fronting street.
         (b)   Streets, alleys and blocks.
            1.   Public streets shall provide access to all tracts and lots.
            2.   Streets and alleys shall, wherever practicable, terminate at other streets within the neighborhood and connect to existing and projected streets outside the development.
            3.   Cul-de-sacs shall not exceed 250 feet in length, must be accessed from a street providing internal or external connectivity, shall be permanently terminated by a vehicular turnaround, and are listed only where topography makes a street connection impracticable
            4.   Vehicular turnarounds of various configurations are acceptable so long as emergency access is adequately provided.
            5.   Pedestrian connections should be provided as extensions of terminating streets where not precluded by topography or other physical constraints.
            6.   The average perimeter of all blocks within the TND should not exceed 1,350 feet. No block face should have a length greater than 500 feet without a dedicated alley or pathway providing through access.
            7.   A continuous network of rear alleys shall provide vehicular access to lots 49 feet or less in width.
            8.   Utilities may run along alleys provided that a permanent public access and utility easement is recorded for the full length of alley being used for utilities or public services such as garbage collection.
            9.   TND streets shall be organized according to a hierarchy based on function, size, capacity, and design speed; streets and rights-of-way are therefore expected to differ in dimension. The proposed hierarchy of streets shall be indicated on the submitted site plan. Each street type in a TND shall be separately detailed. An array of elements that are combined to meet the purposes of TND neighborhood streets: building placement line, optional utility allocation, sidewalk, planting strip, curb and gutter, optional parallel parking, and travel lane(s). Alternative methods of assembling the required street elements will be considered to allow neighborhood street designs that are most appropriate to setting and use.
            10.   To prevent the buildup of vehicular speed, disperse traffic flow, and create a sense of visual enclosure, long uninterrupted segments of straight streets should be avoided. Methods to achieve this interruption include:
               (i)   A street can be interrupted by intersections designed to calm the speed and disperse the flow of traffic and terminate vistas with a significant feature (building, park, natural feature);
               (ii)   A street can be terminated with a public monument, specifically designed building facade, or a gateway to the ensuing space;
               (iii)   Perceived street length can be reduced by a noticeable street curve where the outside edge of the curve is bounded by a building or other vertical elements that hug the curve and deflect the view; and
               (iv)   Other traffic calming configurations are acceptable so long as emergency access is adequately provided.
         (c)   Buildings and lots.
            1.   All lots shall share a frontage line with a street or square; lots fronting a square shall be provided rear alley access.
            2.   Consistent build-to lines shall be established along all streets and public space frontages; build-to lines determine the width and ratio of enclosure for each public street or space. A minimum percentage build-out at the build-to line shall be established on the plan along all streets and public square frontages.
            3.   Large-scale, single use facilities (conference spaces, theaters, athletic facilities, etc.) shall generally occur behind or above smaller scale uses of pedestrian orientation.
         (d)   Open space. The provision and design of open space shall comply with the requirements set forth herein.
         (e)   Parking, landscaping and buffers shall comply with the requirements set forth herein.
District
Minimum Lot Area (Square Feet) (1)
Residential Density
Minimum Lot Width at Building Line (Feet)
Minimum Yard Setback Requirements (Feet)
Max. Height (Feet)
Minimum Land Area (1) Per Dwelling Unit (Square Feet)
Maximum Number (4) Dwelling Units Per Acre
Front Yard (whichever is greater)
Sideyards (2)
Rear Yard
From Right- of-Way
From Centerline
District
Minimum Lot Area (Square Feet) (1)
Residential Density
Minimum Lot Width at Building Line (Feet)
Minimum Yard Setback Requirements (Feet)
Max. Height (Feet)
Minimum Land Area (1) Per Dwelling Unit (Square Feet)
Maximum Number (4) Dwelling Units Per Acre
Front Yard (whichever is greater)
Sideyards (2)
Rear Yard
From Right- of-Way
From Centerline
Residential Estate (RE)
87,120
87,120
0.5
125
45
90
20
30
45
Low Density Residential (R-1)
20,000 (no water or sewer)
For first unit: 20,000 (no water or sewer)
4
85
30
60
10
20
45
15,000 (water only)
15,000 (water only)
10,000 (water and sewer)
10,000 (water and sewer)
Plus: 11,000 each additional unit
Medium Density Community Residential (R-2)
20,000 (no water or sewer)
For First unit: 20,000 (no water or sewer)
4
85
20
50
10
20
45
15,000 (water only)
15,000 (water only)
10,000 (water and sewer)
10,000 (water and sewer)
Plus: 11,000 each additional unit
Central Business District (CBD)
None
For first unit: 5,000 sq. ft.
8
20
5 (3)
-
-
-
36
Plus: 5,500 each additional unit
Highway Commercial (HC)
20,000 (no water or sewer)
For first unit: 20,000 (no water or sewer)
8
50
20
50
10
10
50
15,000 (water only)
15,000 (water only)
10,000 (water and sewer)
10,000 (water and sewer)
Plus: 5,500 each additional unit
Industrial District (IND)
Same as HC
N/A
N/A
80
30
60
10
20
50
Public Service District (PD)
Same as HC
N/A
N/A
80
30
60
10
20
50
(1)   The minimum lot area for lots not served by public water and/or sewer shall be subject to approval by the Polk County Health Department to ensure proper operation of septic tanks and wells. In no case, however, shall minimum lot area be less than specified in this table.
(2)   On all corner lots, a 15-foot side yard setback is required except in the CBD, where a five-foot side yard setback is required.
(3)   In the CBD, where adjacent buildings have front yard setbacks less than five feet, the minimum front setback may be equivalent to the adjacent properties.
(4)   Regulations pertaining to mobile home parks are contained in Chapter 150
(5)   Regulations pertaining to Mixed Use (MU) Districts and Traditional Neighborhood Districts (TND) are contained in §§ 154.066(A) and 154.066(B), respectively.
 
(Ord., Art. IX, passed - -)

§ 154.067 BUILDING HEIGHT OVERLAY DISTRICTS.

   (A)   Reason for regulation. It is recognized that two major characteristics of the town greatly contribute to the atmosphere, cultural heritage and appeal of the whole community. Specifically, the scenic mountain views bounding the town on the north and north west and the historic county courthouse located in the middle of town both offer a sense of place and community to the town's residents and add to the attractiveness of the area. It is further recognized that the height of buildings, if left unregulated or inadequately regulated, can detract from these two features. Therefore, building heights shall be regulated based on the location of the subject building in relation to mountain view-sheds and to the historic county courthouse.
   (B)   Establishment of Building Height Overlay Districts. The boundaries of the Building Height Overlay Districts shall be depicted on a map named the "Town of Columbus Building Height Overlay District Map" and shall be made part of this chapter upon adoption of this section.
   (C)   Districts. For the purposes of determining maximum building heights, the town shall be divided into the following Building Height Overlay Districts:
      (1)   General;
      (2)   Courthouse; and
      (3)   Mountain View-Shed.
   (D)   General Building Height District. In this district no building shall be taller than 36 feet. However, if the average elevation (above mean sea level) of the ridgelines of existing adjacent buildings situated on lots having a common boundary with the subject parcel upon which the proposed building is to be situated (adjacent lots that are vacant not being included in this calculation) is less than the elevation (above mean sea level) determined by measuring 36 feet vertically from the average grade of the proposed building envelope on the subject parcel, then the proposed building shall be no taller than that average. In the event that the average elevation (above mean sea level) of the existing buildings' ridgelines on the surrounding adjacent properties is such that the subject parcel is rendered unbuildable (meaning a single story building with an appropriate roof is not feasible), then the proposed building shall have a height not exceeding 29 feet. The determination that a subject parcel is rendered unbuildable under this division (D) shall be at the discretion of the approving administrator, board, or council.
   (E)   Courthouse Building Height District. In this district no building's ridgeline shall have an elevation higher than the elevation defined by the plane of the soffit of the eave of the roof of the historic county courthouse; however, in no case shall a buildings height be taller than 29 feet.
   (F)   Mountain View-Shed District. Buildings on areas of high elevation are highly visible from surrounding public spaces. As such, buildings in this district shall not be more than 29 feet tall.
   (G)   Height. The height of a building shall be measured from the grade of the average grade of the property to the highest ridge of the roof of the structure.
(Ord., Art. IX, § 900, passed - -; Ord. passed - -)

§ 154.068 FLOOR AREA.

   (A)   Potential. Large scale commercial development has the potential to pose many challenges to a relatively small community such as the town. The development can overwhelm local police services, undermine a current diversified commercial market, strain the character of the local community, cause excessive vehicular congestion, and can be difficult to handle once left vacant. As such, the town finds it necessary to limit the allowable floor area of commercial development in order to ensure that the development is carried out in a manner that is appropriate and consistent with the character of the town.
   (B)   Commercial development. The building footprint of any structure and any accessory structure in the aggregate to be used for any commercial enterprise shall not be larger than 10,000 square feet in size. The building's footprint shall be construed to mean the perimeter line created by the edge of the roof of any structure and building on a lot in the aggregate. For the purposes of this section, the term commercial development shall include any development intended to be used or potentially used by for-profit enterprises, including manufacturing and industrial developments, except that those uses allowed within the town's Public Service District shall not be considered commercial. It is recognized that in certain circumstances it may be appropriate to allow for a larger building footprint for commercial developments. In order for a commercial structure proposed to have a footprint larger than 10,000 square feet to be constructed, a special use permit shall be obtained prior to the commencement of the development. See §§ 154.082 and 154.083 below for details regarding the issuance of a special use permit for large scale commercial developments.
   (C)   Residential development. The building footprint of all newly constructed residential developments shall not be larger than 35% of the lot on which the residential development is proposed to be erected.
   (D)   Public service development. Development to be used for any land use allowed in the town's Public Service (PS) zoning district shall have no limit on the size of the building footprint.
(Ord., Art. IX, § 901, passed - -)