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Crested Butte City Zoning Code

ARTICLE 4

Residential Districts

Sec. 16-4-10. - Intent of district.

The purpose for which this District is created is the provision of areas for low-density residential development along with customary accessory uses. Recreational and institutional uses customarily found in proximity to such residential uses are included as conditional uses. It is intended that no more than two (2) units, designed or used for dwelling by a family, shall be allowed on a site.

(Prior code 15-2-6; Ord. 3 §9, 1994)

Sec. 16-4-20. - Permitted uses.

The following uses shall be permitted uses in the "R1" District:

(1)

One-family dwelling units.

(2)

Accessory buildings, nonresidential use, not heated or plumbed.

(3)

Home occupations.

(4)

Private garages as accessory buildings to the principal permitted uses.

(Prior code 15-2-6; Ord. 3 §3, 1994; Ord. 10, 2000; Ord. 4 §1, 2009)

Sec. 16-4-30. - Conditional uses.

The following uses shall be permitted as conditional uses in the "R1" District:

(1)

Accessory dwellings.

(2)

Two-family dwelling units.

(3)

Public playgrounds and public recreation areas.

(4)

Churches and church schools.

(5)

Nonprofit libraries and museums.

(6)

Farm and garden buildings.

(7)

Public and private schools.

(8)

Shop crafts.

(9)

Bed and breakfast establishments, provided that the granting of such conditional use shall be subject to the requirements for short-term rentals in the "R1" District as set forth in Subsection 16-14-90(c) of this Chapter.

(10)

Parking areas.

(11)

Accessory buildings, nonresidential use, heated.

(Prior code 15-2-6; Ord. 4 §3, 1990; Ord. 13 §6, 1991; Ord. 5 §2, 1993; Ord. 3 §3, 1994; Ord. 21 §1, 2004; Ord. 4 §1, 2009; Ord. No. 2, § 3(Exh. A), 3-6-2023)

Sec. 16-4-40. - Lot measurements.

The following shall be lot measurements for property located in the "R1" District:

(1)

Minimum lot area: five thousand (5,000) square feet.

(2)

Maximum lot area: nine thousand three hundred seventy-five (9,375) square feet.

(3)

Minimum lot width: fifty (50) feet.

(4)

Minimum front yard: twenty (20) feet.

(5)

Minimum side yard: seven and one-half (7½) feet for single-story and flat-roofed buildings and as much as eleven and one-half (11½) feet for sloped-roofed buildings, dependent upon snow storage guidelines.

(6)

Minimum rear yard:

a.

Principal building: ten (10) feet.

b.

Accessory building: five (5) feet.

(Prior code 15-2-6; Ord. 3 §9, 1994; Ord. 4 §1, 2009)

Sec. 16-4-50. - Floor areas.

The following shall be measurements for floor areas for property located in the "R1" District:

(1)

Minimum floor area: four hundred (400) square feet for each residential unit; provided, however, that the minimum floor area for an accessory structure built before July 1, 1942, which is being converted to a residential unit, historic accessory structure, shall be two hundred twenty (220) square feet, plus a closet, a bathroom and one hundred (100) additional square feet for each occupant in excess of two (2), only if the following conditions are met:

a.

The residential unit must be an accessory dwelling used exclusively as a long-term rental unit;

b.

The occupants of the dwelling must have been residents of the County for three (3) consecutive years of the preceding seven (7) years;

c.

At least fifty-one percent (51%) of the occupants' income must be earned from work for an employer situated within the County or from work actually performed in the County; and

d.

The above limitations for occupants and the limitation of the term of rental shall be recorded pursuant to Section 16-9-70 of this Chapter.

(2)

Maximum floor area:

a.

Accessory building, including an accessory dwelling, if any: one thousand (1,000) square feet or two-thirds (⅔) of the floor area of the principal building, whichever is smaller.

b.

Accessory dwelling: one thousand (1,000) square feet of floor area or two-thirds (⅔) of the floor area of the principal building, whichever is smaller.

(3)

Maximum floor area ratio:

a.

Principal building: 0.3 as a matter of right, up to 0.4, depending on neighborhood context and lot size; provided that no principal building shall exceed two thousand eight hundred (2,800) square feet.

b.

All buildings: 0.5, provided that all buildings shall not be larger than three thousand eight hundred (3,800) square feet in the aggregate.

(Prior code 15-2-6; Ord. 4 §§4, 5, 1990; Ord. 4 §12, 1991; Ord. 16 §1, 1992; Ord. 11 §7, 1993; Ord. 3 §3, 1994; Ord. 4 §1, 2009)

Sec. 16-4-60. - Building measurements.

The following shall regulate measurements for buildings located in the "R1" District:

(1)

Maximum building height:

a.

Principal building: thirty (30) feet.

b.

Accessory building: twenty (20) feet or the height of the principal building, whichever is less.

c.

Accessory dwelling: twenty-four (24) feet or the height of the principal building, whichever is less.

(2)

Maximum building width: thirty-five (35) feet as a matter of right, up to fifty (50) feet, depending upon the location and proximity of adjacent structures, subject to minimum side yard requirements.

(Prior code 15-2-6; Ord. 4 §5, 1990; Ord. 4 §16, 1991; Ord. 3 §32, 1994; Ord. 4 §1, 2009)

Sec. 16-4-70. - Additional provisions.

(a)

Open space required: Fifty percent (50%) of the lot area shall be open, unencumbered and free of any building or structure.

(b)

Minimum exterior wall height: seven (7) feet.

(c)

Minimum vertical distance from eave line of roof to the finished grade level: six (6) feet.

(d)

Slope of roof: a minimum of 4:12. A flat roof must contain a parapet on the side facing a street, and as otherwise required by the Board.

(e)

Stream margin review: all uses within twenty (20) feet of a designated water course shall meet the requirements of Section 16-11-10 of this Chapter.

(Prior code 15-2-6; Ord. 4 §5, 1990; Ord. 4 §16, 1991; Ord. 3 §§10, 32, 1994; Ord. 4 §1, 2009)

Sec. 16-4-100. - Intent of district.

The purpose for which this District is created is the provision of areas for low-density residential development along with customary accessory uses. The larger lots in this District provide a transition between the Town and the still larger residential lots outside of Town. Recreational and institutional uses customarily found in proximity to such residential uses are included as conditional uses. It is intended that no more than two (2) units, designed or used for dwelling by a family, shall be allowed on a site.

(Prior code 15-2-6.1; Ord. 14 §1, 2000)

Sec. 16-4-110. - Permitted uses.

The following uses shall be permitted in the "R1D" District:

(1)

One-family dwelling units.

(2)

Accessory buildings, nonresidential use, not heated or plumbed.

(3)

Home occupations.

(4)

Private garages as accessory buildings to the principal permitted uses.

(Prior code 15-2-6.1; Ord. 14 §1, 2000; Ord. 4 §1, 2009)

Sec. 16-4-120. - Conditional uses.

The following uses shall be permitted as conditional uses in the "R1D" District:

(1)

Accessory dwellings in conjunction with a one-family dwelling unit.

(2)

Two-family dwelling units.

(3)

Public playgrounds and public recreation areas.

(4)

Churches and church schools.

(5)

Nonprofit libraries and museums.

(6)

Farm and garden buildings.

(7)

Public and private schools.

(8)

Shop crafts.

(9)

Bed and breakfast establishments, provided that the granting of such conditional use shall be subject to the requirements for short-term rentals in the "R1" District as set forth in Subsection 16-14-90(c) of this Chapter.

(10)

Parking areas.

(11)

Accessory buildings, nonresidential use, heated.

(Prior code 15-2-6.1; Ord. 14 §1, 2000; Ord. 4 §1, 2009; Ord. No. 2, § 3(Exh. A), 3-6-2023)

Sec. 16-4-130. - Lot measurements.

The following shall be lot measurements for property located in the "R1D" District:

(1)

Minimum lot area: nine thousand three hundred seventy-six (9,376) square feet.

(2)

Maximum lot area: eleven thousand four hundred (11,400) square feet.

(3)

Minimum lot width: fifty (50) feet.

(4)

Minimum front yard: twenty (20) feet.

(5)

Minimum side yard: At least seven and one-half (7½) feet, and up to eleven and one-half (11½) feet, dependent upon snow storage and snow shed guidelines.

(6)

Minimum rear yard:

a.

Principal building: ten (10) feet.

b.

Accessory building: five (5) feet.

(Prior code 15-2-6.1; Ord. 14 §1, 2000; Ord. 4 §1, 2009)

Sec. 16-4-140. - Floor areas.

The following shall regulate measurements for floor areas located in the "R1D" District:

(1)

Minimum floor area: four hundred (400) square feet for each residential unit.

(2)

Maximum floor area:

a.

Accessory building, including an accessory dwelling, if any: one thousand (1,000) square feet or two-thirds (⅔) of the floor area of the principal building, whichever is smaller.

b.

Accessory dwelling: one thousand (1,000) square feet of floor area or two-thirds (⅔) of the floor area of the principal building, whichever is smaller.

(3)

Maximum floor area ratio:

a.

The principal building shall not exceed two thousand eight hundred (2,800) square feet.

b.

All buildings shall not be larger than three thousand eight hundred (3,800) square feet in the aggregate.

(Prior code 15-2-6.1; Ord. 14 §1, 2000; Ord. 4 §1, 2009)

Sec. 16-4-150. - Building measurements.

The following shall regulate measurements for buildings located in the "R1D" District:

(1)

Maximum building height:

a.

Principal building: thirty (30) feet.

b.

Accessory building: twenty (20) feet or the height of the principal building, whichever is less.

c.

Accessory dwelling: twenty-four (24) feet or the height of the principal building, whichever is less.

(2)

Maximum building width: thirty-five (35) feet.

(Prior code 15-2-6.1; Ord. 14 §1, 2000; Ord. 4 §1, 2009)

Sec. 16-4-160. - Additional provisions.

(a)

Open space required: fifty percent (50%) of the lot area shall be open, unencumbered and free of any building or structure.

(b)

Minimum exterior wall height shall be seven (7) feet.

(c)

Minimum vertical distance from eave line of roof to the finished grade level shall be six (6) feet.

(d)

Slope of roof shall be a minimum of 4:12.

(e)

Stream margin review: all uses within twenty (20) feet of a designated water course shall meet the requirements of Section 16-11-10 of this Chapter.

(Prior code 15-2-6.1; Ord. 14 §1, 2000; Ord. 4 §1, 2009)

Sec. 16-4-190. - Intent.

The purpose for which this District is created is the provision of areas for low-density residential development along with customary accessory uses. Recreational and institutional uses customarily found in proximity to such residential uses are included as conditional uses. It is intended that no more than two (2) units, designed or used for dwelling by a family, shall be allowed on a site. This District also provides for lots which shall have restrictions placed upon them for the purpose of creating a supply of lots costing less than the market value. These lots will, under certain conditions, permit two-family dwellings.

(Prior code 15-2-6.2; Ord. 14 §1, 2000)

Sec. 16-4-200. - Permitted uses.

The following uses shall be permitted in the "R1E" District:

(1)

One-family dwelling units.

(2)

Accessory buildings, nonresidential use, not heated or plumbed.

(3)

Home occupations.

(4)

Private garages as accessory buildings to the principal permitted uses.

(5)

Two-family dwelling units, each of which must be occupied by the owner, in the following locations: Block 66, lot 2; Block 66, lot 5; Block 67, lot 2; Block 67, lot 8; Block 68, lot 2; Block 68, lot 9; Block 72, lot 4; Block 73, lot 2; and on the first four (4) lots in this District for which Board approval of a dwelling has been obtained and construction has commenced. In the event of a lapse of the vested property right which resulted from Board approval, then the right to construct a two-family dwelling unit on that particular lot will also lapse, and the right to construct a two-family dwelling unit shall go to the next lot for which the Board approval is obtained. That right shall also lapse if there is a lapse of the vested property right that resulted from Board approval.

(Prior code 15-2-6.2; Ord. 14 §1, 2000; Ord. 4 §1, 2009)

Sec. 16-4-210. - Conditional uses.

The following uses shall be permitted as conditional uses in the "R1E" District:

(1)

Accessory dwellings, in conjunction with a one-family dwelling unit.

(2)

Two-family dwelling units, in locations other than those permitted in Section 16-4-200 above.

(3)

Public playgrounds and public recreation areas.

(4)

Churches and church schools.

(5)

Nonprofit libraries and museums.

(6)

Farm and garden buildings.

(7)

Public and private schools.

(8)

Shop crafts.

(9)

Bed and breakfast establishments, provided that the granting of such conditional use shall be subject to the requirements for short-term rentals in the "R1" District as set forth in Subsection 16-14-90(c) of this Chapter.

(10)

Parking areas.

(11)

Accessory buildings, nonresidential use, heated.

(Prior code 15-2-6.2; Ord. 14 §1, 2000; Ord. 4 §1, 2009; Ord. No. 2, § 3(Exh. A), 3-6-2023)

Sec. 16-4-220. - Lot measurements.

The following shall be lot measurements for property located in the "R1E" District:

(1)

Minimum lot area: five thousand (5,000) square feet.

(2)

Maximum lot area: nine thousand three hundred seventy-five (9,375) square feet.

(3)

Minimum lot width: forty-five (45) feet.

(4)

Minimum front yard: twenty (20) feet.

(5)

Minimum side yard: at least seven and one-half (7½) feet, and up to eleven and one-half (11½) feet, dependent upon snow storage and snow shed guidelines.

(6)

Minimum rear yard:

a.

Principal building: ten (10) feet.

b.

Accessory building: five (5) feet.

(Prior code 15-2-6.2; Ord. 14 §1, 2000; Ord. 4 §1, 2009)

Sec. 16-4-230. - Floor areas.

The following shall regulate measurements for floor areas located in the "R1E" District:

(1)

Minimum floor area: four hundred (400) square feet for each residential unit.

(2)

Maximum floor area:

a.

Accessory building, including an accessory dwelling, if any: one thousand (1,000) square feet or two-thirds (⅔) of the floor area of the principal building, whichever is smaller.

b.

Accessory dwelling: one thousand (1,000) square feet of floor area or two-thirds (⅔) of the floor area of the principal building, whichever is smaller.

(3)

Maximum floor area ratio:

a.

Principal building: 0.3 as a matter of right, up to 0.4, depending on neighborhood context and lot size, provided that no principal building shall exceed two thousand eight hundred (2,800) square feet.

b.

All buildings: 0.5, provided that all buildings shall not be larger than three thousand eight hundred (3,800) square feet in the aggregate.

(Prior code 15-2-6.2; Ord. 14 §1, 2000; Ord. 4 §1, 2009)

Sec. 16-4-240. - Building measurements.

The following shall regulate measurements for buildings located in the "R1E" District:

(1)

Maximum building height:

a.

Principal building: thirty (30) feet.

b.

Accessory building: twenty (20) feet or the height of the principal building, whichever is less.

c.

Accessory dwelling: twenty-four (24) feet or the height of the principal building, whichever is less.

(2)

Maximum building width: thirty-five (35) feet.

(Prior code 15-2-6.2; Ord. 14 §1, 2000; Ord. 4 §1, 2009)

Sec. 16-4-250. - Additional provisions.

(a)

Open space required: fifty percent (50%) of the lot area shall be open, unencumbered and free of any building or structure.

(b)

Minimum exterior wall height shall be seven (7) feet.

(c)

Minimum vertical distance from eave line of roof to the finished grade level shall be six (6) feet.

(d)

Slope of roof shall be a minimum of 4:12.

(e)

Stream margin review: All uses within twenty (20) feet of a designated water course shall meet the requirement of Section 16-11-10 of this Chapter.

(Prior code 15-2-6.2; Ord. 14 §1, 2000; Ord. 4 §1, 2009)

Sec. 16-4-280. - Intent.

The purpose for which this District is created is the provision of a residential buffer zone between more intensive residential development and open space lands surrounding the Town. Low-density residential development is allowed, along with customary accessory uses, while preserving visual corridors and substantial open space along the Town's perimeter. It is intended that no more than two (2) units, designed or used for dwelling by a family, shall be allowed on a site.

(Prior code 15-2-6.5; Ord. 11 §1, 1990; Ord. 3 §9, 1994)

Sec. 16-4-290. - Permitted uses.

The following uses shall be permitted in the "R1A" District:

(1)

One-family dwelling units.

(2)

Accessory buildings, nonresidential use, not heated or plumbed.

(3)

Home occupations.

(Prior code 15-2-6.5; Ord. 11 §1, 1990; Ord. 3 §3, 1994; Ord. 10, 2000; Ord. 4 §1, 2009)

Sec. 16-4-300. - Conditional uses.

The following uses shall be permitted as conditional uses in the "R1A" District:

(1)

Accessory dwellings.

(2)

Two-family dwelling units.

(3)

Public playgrounds and public recreation areas.

(4)

Farm and garden buildings.

(5)

Shop crafts.

(6)

Bed and breakfast establishments, provided that the granting of such conditional use shall be subject to the requirements for short-term rentals in the "R1A" District as set forth in Subsection 16-14-90(c) of this Chapter.

(7)

Public and private schools.

(8)

Parking areas.

(9)

Accessory buildings, nonresidential use, heated.

(Prior code 15-2-6.5; Ord. 11 §1, 1990; Ord. 13 §6, 1991; Ord. 3 §3, 1994; Ord. 21 §1, 2004; Ord. 4 §1, 2009; Ord. No. 2, § 3(Exh. A), 3-6-2023)

Sec. 16-4-310. - Lot measurements.

The following shall be lot measurements for property located in the "R1A" District:

(1)

Minimum lot area: forty-three thousand five hundred sixty (43,560) square feet.

(2)

Maximum lot area: eighty-seven thousand one hundred twenty (87,120) square feet.

(3)

Minimum lot width: two hundred (200) feet.

(4)

Maximum lot width: four hundred (400) feet.

(5)

Minimum front yard: fifty (50) feet.

(6)

Minimum side yard: fifty (50) feet.

(7)

Minimum rear yard: fifty (50) feet.

(Prior code 15-2-6.5; Ord. 11 §1, 1990; Ord. 4 §1, 2009)

Sec. 16-4-320. - Floor areas.

The following shall regulate measurements for floor areas located in the "R1A" District:

(1)

Minimum floor area:

a.

Principal building: one thousand (1,000) square feet.

b.

Accessory building: four hundred (400) square feet.

(2)

Maximum floor area:

a.

Principal building, including attached garage if any: four thousand (4,000) square feet.

b.

Accessory building: one thousand two hundred (1,200) square feet.

c.

Accessory dwelling: one thousand (1,200) square feet of floor area or two-thirds (⅔) of the floor area of the principal building, whichever is smaller.

(Prior code 15-2-6.5; Ord. 11 §1, 1990; Ord. 3 §3, 1994; Ord. 4 §1, 2009)

Sec. 16-4-330. - Building measurements.

The following shall regulate measurements for buildings located in the "R1A" District:

(1)

Maximum building height:

a.

Principle building: thirty (30) feet.

b.

Accessory building: twenty-four (24) feet or the height of the principal building, whichever is less.

(2)

Maximum building width: fifty (50) feet.

(Prior code 15-2-6.5; Ord. 11 §1, 1990; Ord. 3 §32, 1994; Ord. 4 §1, 2009)

Sec. 16-4-340. - Additional provisions.

(a)

Open space required: eighty-eight percent (88%) of the lot area shall be open, unencumbered and free of any building or structure.

(b)

Minimum exterior wall height shall be seven (7) feet.

(c)

Minimum vertical distance from eave line of roof to the finished grade level shall be six (6) feet.

(d)

Slope of roof shall be a minimum of 4:12. A flat roof must contain a parapet on the side facing a street, and as otherwise required by the Board.

(e)

Stream margin review: All uses within twenty (20) feet of a designated water course shall meet the requirements of Section 16-11-10 of this Chapter.

(f)

Irrigated lawns and gardens: not more than one thousand (1,000) square feet may be irrigated for lawns or gardens.

(g)

Fencing: barbed wire fences are prohibited within fifty (50) feet of Town rights-of-way unless approved by the Board.

(Prior code 15-2-6.5; Ord. 11 §1, 1990; Ord. 3 §§10, 32, 1994; Ord. 4 §1, 2009)

Sec. 16-4-370. - Intent.

This District is created for unique properties situated at higher elevations where lots will be designed to reduce the number of building sites by allowing larger sites as a transition between the Town and still larger residential lots outside of the Town. It is intended that no more than two (2) units, designed or used for dwelling by a family, shall be allowed on a site.

(Prior code 15-2-6.6; Ord. 29 §1, 1990; Ord. 3 §9, 1994; Ord. 14 §1, 2000)

Sec. 16-4-380. - Permitted uses.

The following uses shall be permitted in the "R1B" District:

(1)

One-family dwelling units.

(2)

Home occupations.

(Prior code 15-2-6.6; Ord. 29 §1, 1990; Ord. 14 §1, 2000; Ord. 4 §1, 2009)

Sec. 16-4-390. - Conditional uses.

The following uses shall be permitted as conditional uses in the "R1B" District:

(1)

Accessory buildings having nonresidential uses customarily incidental to one-family dwelling units.

(2)

Accessory dwellings.

(3)

Parking areas.

(Prior code 15-2-6.6; Ord. 29 §1, 1990; Ord. 13 §6, 1991; Ord. 3 §3, 1994; Ord. 14 §1, 2000; Ord. 4 §1, 2009)

Sec. 16-4-400. - Lot measurements.

The following shall be lot measurements for property located in the "R1B" District:

(1)

Minimum lot area: nine thousand three hundred (9,300) square feet.

(2)

Maximum lot area: fourteen thousand (14,000) square feet.

(3)

Minimum lot width: seventy (70) feet.

(4)

Maximum lot width: one hundred twenty-five (125) feet.

(5)

Minimum front yard: ten (10) feet.

(6)

Minimum side yard: seven and one-half (7½) feet for single-story and flat-roofed buildings and as much as eleven and one-half (11½) feet for sloped-roofed buildings, dependent upon snow storage guidelines.

(7)

Minimum rear yard: twenty (20) feet.

(Prior code 15-2-6.6; Ord. 29 §1, 1990; Ord. 14 §1, 2000; Ord. 4 §1, 2009)

Sec. 16-4-410. - Floor areas.

The following shall regulate measurements for floor areas located in the "R1B" District:

(1)

Minimum floor area:

a.

Principal building: one thousand (1,000) square feet.

b.

Accessory dwelling: four hundred (400) square feet.

(2)

Maximum floor area:

a.

Principal building: three thousand seven hundred fifty (3,750) square feet.

b.

Accessory dwelling: one thousand (1,000) square feet or two-thirds (⅔) of the floor area of the principal building, whichever is smaller.

c.

Accessory building, including an accessory dwelling, if any: one thousand (1,000) square feet or two-thirds (⅔) of the floor area of the principal building, whichever is smaller.

(Prior code 15-2-6.6; Ord. 29 §1, 1990; Ord. 3 §3, 1994; Ord. 6 §1, 2000; Ord. 14 §1, 2000; Ord. 4 §1, 2009)

Sec. 16-4-420. - Building measurements.

The following shall regulate measurements for buildings located in the "R1B" District:

(1)

Maximum building height:

a.

Principal building: thirty (30) feet or the height of the principal building, whichever is less.

b.

Accessory building: twenty (20) feet or the height of the principal building, whichever is less.

c.

Accessory dwelling: twenty-four (24) feet or the height of the principal building, whichever is less.

(2)

Maximum building width: forty-five (45) feet as a matter of right up to fifty-five (55) feet, depending upon the location and proximity of adjacent structures.

(Prior code 15-2-6.6; Ord. 29 §1, 1990; Ord. 3 §32, 1994; Ord. 4 §1, 2009)

Sec. 16-4-430. - Additional provisions.

(a)

Open space required: forty-six percent (46%) of the lot area shall be open, unencumbered and free of any building or structure.

(b)

Minimum exterior wall height shall be seven (7) feet.

(c)

Minimum vertical distance from eave line of roof to the finished grade level shall be six (6) feet.

(d)

Slope of roof shall be a minimum of 4:12. A flat roof must contain a parapet on the side facing a street, and as otherwise required by the Board.

(e)

Stream margin review: all uses within twenty (20) feet of a designated water course shall meet the requirements of Section 16-11-10 of this Chapter.

(f)

Excessive slope review: structures that are twenty (20) feet away from the crest or toe of a fifteen-degree or more slope shall be deemed to be outside the excessive slope review area unless a soils report confirms that either the geology or the soils or both the geology and soils of the site are unstable more than twenty (20) feet from the slope crest or toe of such slope. All structures should be a minimum of twenty (20) feet from any geology or soils demonstrated to be unstable.

(Prior code 15-2-6.6; Ord. 29 §1, 1990; Ord. 3 §§10, 32, 1994; Ord. 14 §1, 2000; Ord. 4 §1, 2009)

Sec. 16-4-460. - Intent.

The purpose for which this District is created is the provision of areas for low-density residential development along with customary accessory uses in the older residential areas of the Town, where particular attention to the characteristics, size and scale of existing historic buildings is required. Recreational and institutional uses customarily found in proximity to such residential uses are included as conditional uses. It is intended that no more than two (2) units, designed or used for dwelling by a family, shall be allowed on a site.

(Prior code 15-2-6.7; Ord. 11 §1, 1993; Ord. 3 §9, 1994)

Sec. 16-4-470. - Permitted uses.

The following uses shall be permitted in the "R1C" District:

(1)

One-family dwelling units.

(2)

Accessory building, nonresidential use, not heated or plumbed.

(3)

Home occupations.

(4)

Private garages as accessory buildings to the principal permitted uses.

(Prior code 15-2-6.7; Ord. 11 §1, 1993; Ord. 3 §9, 1994; Ord. 10, 2000; Ord. 4 §1, 2009)

Sec. 16-4-480. - Conditional uses.

The following uses shall be permitted as conditional uses in the "R1C" District:

(1)

Accessory dwellings.

(2)

Two-family dwelling units.

(3)

Historic primary dwelling redesignated as accessory dwelling, of a size not to exceed one thousand (1,000) square feet of floor area, under the conditions as are set forth in Section 16-8-70 of this Chapter.

(4)

Public playgrounds and public recreation areas.

(5)

Churches and church schools.

(6)

Nonprofit libraries and museums.

(7)

Farm and garden buildings.

(8)

Public and private schools.

(9)

Shop crafts.

(10)

Bed and breakfast establishments, provided that the granting of such conditional use shall be subject to the requirements for short-term rentals in the "R1" District as set forth in Subsection 16-14-90(c) of this Chapter.

(11)

Parking areas.

(12)

Accessory building, nonresidential use, heated.

(Prior code 15-2-6.7; Ord. 11 §1, 1993; Ord. 3 §3, 1994; Ord. 5 §10, 2000; Ord. 10, 2000; Ord. 21 §3, 2004; Ord. 4 §1, 2009; Ord. No. 2, § 3(Exh. A), 3-6-2023)

Sec. 16-4-490. - Lot measurements.

The following shall be lot measurements for property located in the "R1C" District:

(1)

Minimum lot area: three thousand seven hundred fifty (3,750) square feet.

(2)

Maximum lot area: nine thousand three hundred seventy-five (9,375) square feet.

(3)

Minimum lot width: thirty-one and one-quarter (31¼) feet.

(4)

Minimum front yard: twenty (20) feet.

(5)

Minimum side yard: seven and one-half (7½) feet for single-story and flat-roofed buildings, and as much as eleven and one-half (11½) feet for sloped-roofed buildings, dependent upon snow storage guidelines.

(6)

Minimum rear yard:

a.

Principal building: ten (10) feet.

b.

Accessory building: five (5) feet.

(Prior code 15-2-6.7; Ord. 11 §1, 1993; Ord. 3 §9, 1994; Ord. 5 §§1, 2, 2000; Ord. 4 §1, 2009)

Sec. 16-4-500. - Floor areas.

The following shall regulate measurements for floor areas located in the "R1C" District:

(1)

Minimum floor area: four hundred (400) square feet for each residential unit; provided, however, that the minimum floor area for an accessory structure built before July 1, 1942, which is being converted to a residential unit, historic accessory structure shall be two hundred twenty (220) square feet, plus a closet, a bathroom and one hundred (100) additional square feet for each occupant in excess of two (2), only if the following conditions are met:

a.

The residential unit must be an accessory dwelling used exclusively as a long-term rental unit;

b.

The occupants of the dwelling must have been residents of the County for three (3) consecutive years of the preceding seven (7) years;

c.

At least fifty-one percent (51%) of the occupants' income must be earned from work for an employer situated within the County or from work actually performed in the County; and

d.

The above limitations for occupants and the limitation of the term of rental shall be recorded pursuant to Section 16-9-70 of this Chapter.

(2)

Maximum floor area:

a.

Accessory building, including an accessory dwelling, if any: one thousand (1,000) square feet or two-thirds (⅔) of the floor area of the principal building, whichever is smaller.

b.

Accessory dwelling: one thousand (1,000) square feet of floor area or two-thirds (⅔) of the floor area of the principal building, whichever is smaller.

(3)

Maximum floor area ratio:

a.

Principal building: 0.3 as a matter of right up to 0.32, depending on neighborhood context and lot size, provided that no principal building shall be larger than two thousand five hundred (2,500) square feet.

b.

All buildings: 0.48, provided that all buildings shall not be larger than three thousand five hundred (3,500) square feet in the aggregate.

(Prior code 15-2-6.7; Ord. 11 §1, 1993; Ord. 3 §3, 1994; Ord. 4 §1, 2009)

Sec. 16-4-510. - Building measurements.

The following shall regulate measurements for buildings located in the "R1C" District:

(1)

Maximum building height:

a.

Principal building: twenty-eight (28) feet.

b.

Accessory building: twenty (20) feet or the height of the principal building, whichever is less.

c.

Accessory dwelling: twenty-four (24) feet or the height of the principal building, whichever is less.

(2)

Maximum building width: thirty-five (35) feet.

(Prior code 15-2-6.7; Ord. 11 §1, 1993; Ord. 3 §§11, 32, 1994; Ord. 4 §1, 2009)

Sec. 16-4-520. - Additional provisions.

(a)

Open space required: fifty percent (50%) of the lot area shall be open, unencumbered and free of any building or structure.

(b)

Minimum exterior wall height shall be seven (7) feet.

(c)

Minimum vertical distance from eave line of roof to the finished grade level shall be six (6) feet.

(d)

Slope of roof shall be a minimum of 4:12. A flat roof must contain a parapet on the side facing a street, and as otherwise required by the Board.

(e)

Stream margin review: all uses within twenty (20) feet of a designated water source shall meet the requirements of Section 16-11-10 of this Chapter.

(f)

Minimum lot street frontage shall be thirty-one and one-quarter (31¼) feet.

(Prior code 15-2-6.7; Ord. 11 §1, 1993; Ord. 3 §§10, 11, 32, 1994; Ord. 5 §3, 2000; Ord. 4 §1, 2009)

Sec. 16-4-550. - Intent.

The purpose for which this District is created is the provision of areas for more intensive residential development than allowed in the "R1" District, along with customary accessory use, but to carefully monitor such development so that it blends into its neighborhood context and the scale and fabric of the Town, paying particular attention to the characteristics, size and scale of existing historic buildings. Recreation and institutional uses customarily found in proximity to such residential uses are included as conditional uses.

(Prior code 15-2-6.8; Ord. 11 §2, 1993)

Sec. 16-4-560. - Permitted uses.

The following uses shall be permitted in the "R2C" District:

(1)

One-family and two-family dwelling units.

(2)

Accessory building, nonresidential use, not heated or plumbed.

(3)

Home occupations.

(4)

Private garages as accessory buildings to the principal uses.

(Prior code 15-2-6.8; Ord. 11 §2, 1993; Ord. 3 §3, 1994; Ord. 10, 2000; Ord. 4 §1, 2009)

Sec. 16-4-570. - Conditional uses.

The following uses shall be permitted as conditional uses in the "R2C" District:

(1)

Three-family and multi-family dwelling units.

(2)

Accessory dwellings, not to exceed one thousand (1,000) square feet of floor area or two-thirds (⅔) of the floor area of the principal building, whichever is smaller.

(3)

Historic primary dwellings redesignated as accessory dwellings, of a size not to exceed one thousand (1,000) square feet of floor area, under the conditions as are set forth in Sections 16-8-70 and 16-11-10 of this Chapter.

(4)

Public playgrounds and public recreation areas.

(5)

Second accessory dwellings, on lots of sizes greater than six thousand two hundred fifty (6,250) square feet, not to exceed one thousand (1,000) square feet of floor area or two-thirds (⅔) of the floor area of the historic primary structure, whichever is smaller, under the conditions as are set forth in Section 16-8-60 of this Chapter.

(6)

Churches and church schools.

(7)

Nonprofit libraries and museums.

(8)

Farm and garden buildings.

(9)

Public and private schools.

(10)

Shop crafts.

(11)

Bed and breakfast establishments, provided that the granting of such conditional use shall be subject to the requirements for short-term rentals in the "R1" District as set forth in Subsection 16-14-90(c) of this Chapter.

(12)

Parking areas.

(13)

Accessory building, nonresidential use, heated.

(Prior code 15-2-6.8; Ord. 13 §6, 1991; Ord. 11 §2, 1993; Ord. 3 §3, 1994; Ord. 5 §§8, 10, 2000; Ord. 10, 2000; Ord. 4 §1, 2009; Ord. No. 2, § 3(Exh. A), 3-6-2023)

Sec. 16-4-580. - Lot measurements.

The following shall be lot measurements for property located in the "R2C" District:

(1)

Minimum lot area: three thousand seven hundred fifty (3,750) square feet.

(2)

Maximum lot area: nine thousand three hundred seventy-five (9,375) square feet.

(3)

Minimum lot width: thirty-one and one-quarter (31¼) feet.

(4)

Minimum front yard: twenty (20) feet.

(5)

Minimum side yard: seven and one-half (7½) feet for single-story and flat-roofed buildings and as much as eleven and one-half (11½) feet for sloped-roofed buildings, dependent upon snow storage guidelines.

(6)

Minimum rear yard:

a.

Principal building: ten (10) feet.

b.

Accessory building: five (5) feet.

(Prior code 15-2-6.8; Ord. 11 §2, 1993; Ord. 5 §§4, 5, 2000; Ord. 4 §1, 2009)

Sec. 16-4-590. - Floor areas.

The following shall regulate measurements for floor areas located in the "R2C" District:

(1)

Minimum floor area: four hundred (400) square feet for each residential unit; provided, however, that the minimum floor area for an accessory structure built before July 1, 1942, which is being converted to a residential unit, historic accessory structure shall be two hundred twenty (220) feet, plus a closet, a bathroom and one hundred (100) additional square feet for each occupant in excess of two (2), only if the following conditions are met:

a.

The residential unit must be an accessory dwelling used exclusively as a long-term rental unit;

b.

The occupants of the dwelling must have been residents of the County for three (3) consecutive years of the preceding seven (7) years;

c.

At least fifty-one percent (51%) of the occupants' income must be earned from work for an employer situated within the County or from work actually performed in the County; and

d.

The above limitations for occupants and the limitation of the term of rental shall be recorded pursuant to Section 16-9-70 of this Chapter.

(2)

Maximum floor area:

a.

Accessory building, including an accessory dwelling, if any: one thousand (1,000) square feet or two-thirds (⅔) of the floor area of the principal building, whichever is smaller.

b.

Accessory dwelling: one thousand (1,000) square feet.

(3)

Maximum floor area ratio:

a.

Principal building: 0.3 as a matter of right up to 0.375, depending upon neighborhood context and lot size for a one-family dwelling unit, provided that no principal building shall be larger than two thousand eight hundred (2,800) square feet. 0.3 as a matter of right up to 0.4, depending on neighborhood context and lot size for dwelling units other than one-family, provided that no building shall be larger than three thousand five hundred (3,500) square feet.

b.

All buildings: 0.5, provided that all buildings shall not be larger than three thousand five hundred (3,500) square feet in the aggregate.

(Prior code 15-2-6.8; Ord. 11 §2, 1993; Ord. 5 §§4, 5, 2000; Ord. 4 §1, 2009)

Sec. 16-4-600. - Building measurements.

The following shall regulate measurements for buildings located in the "R2C" District:

(1)

Maximum building height:

a.

Principal building: twenty-eight (28) feet.

b.

Accessory building: twenty (20) feet or the height of the principal building, whichever is less.

c.

Accessory dwelling: twenty-four (24) feet or the height of the principal building, whichever is less.

(2)

Maximum building width: thirty-five (35) feet.

(Prior code 15-2-6.8; Ord. 11 §2, 1993; Ord. 3 §§3, 11, 32, 1994; Ord. 4 §1, 2009)

Sec. 16-4-610. - Additional provisions.

(a)

Open space required: Fifty percent (50%) of the lot area shall be open, unencumbered and free of any building or structure.

(b)

Minimum exterior wall height shall be seven (7) feet.

(c)

Minimum vertical distance from eave line of roof to the finished grade level shall be six (6) feet.

(d)

Slope of roof shall be a minimum of 4:12.

(e)

Stream margin review: All uses within twenty (20) feet of a designated water course shall meet the requirements of Section 16-11-10 of this Chapter.

(f)

Minimum lot street frontage shall be thirty-one and one-quarter (31¼) feet.

(Prior code 15-2-6.8; Ord. 11 §2, 1993; Ord. 3 §10, 1994; Ord. 5 §6, 2000; Ord. 4 §1, 2009)

Sec. 16-4-640. - Intent.

The purposes for which this District is created are to allow greater flexibility in preserving significant historic buildings, permitting new buildings of a substantially similar scale and size as those they replace; and to allow a business corridor and activity centers adjacent to the central business district of Town, paying particular attention to the characteristics, size and scale of existing historic buildings.

(Prior code 15-2-6.9; Ord. 11 §3, 1993)

Sec. 16-4-650. - Permitted uses.

The following uses shall be permitted in the "R3C" District:

(1)

One-family dwelling units.

(2)

Accessory buildings, nonresidential use, not heated or plumbed.

(3)

Home occupations.

(4)

Private garages as accessory buildings to the principal uses.

(Prior code 15-2-6.9; Ord. 11 §2, 1993; Ord. 3 §3, 1994; Ord. 4 §1, 2009)

Sec. 16-4-660. - Conditional uses.

(a)

The following uses shall be permitted as conditional uses in the "R3C" District:

(1)

Accessory dwellings.

(2)

Two-family dwelling units.

(3)

Historic primary dwellings redesignated as accessory dwellings, of a size not to exceed one thousand (1,000) square feet of floor area, under the conditions as are set forth in Section 16-8-70 of this Chapter.

(4)

Public playgrounds and public recreation areas.

(5)

Churches and church schools.

(6)

Nonprofit libraries and museums.

(7)

Public and private schools.

(8)

Shop crafts.

(9)

Bed and breakfast establishments, provided that the granting of such conditional use shall be subject to the requirements for short-term rentals in the "R1" District as set forth in Subsection 16-14-90(c) of this Chapter.

(10)

Retail commercial establishments, limited to the following and similar uses: antiques, appliances, art supplies, galleries, retail bakeries, bookstores, cameras, candies, tobaccos, florists, food markets, furniture, gifts, hardware, hobby shops, photo shops, sporting goods, stationery and variety shops.

(11)

Office uses.

(12)

Financial institutions.

(13)

Personal services establishments.

(14)

Restaurants, cocktail lounges or places serving food or alcoholic beverages, excluding drive-in eating places that serve customers in their automobiles or vehicles.

(15)

Medical and dental clinics.

(16)

Open-use recreation sites, recreation clubs, theatres, assembly halls, hospitals, public buildings and governmental offices.

(17)

Rental, repair and wholesaling facilities in conjunction with any of the above uses, provided that all such activity is clearly incidental and accessory to the permitted use and is conducted within a building.

(18)

Newspaper publishing offices.

(19)

Printing offices.

(20)

Hotels, lodges, motels and resorts.

(21)

Clubs.

(22)

Noncommercial nurseries and greenhouses.

(23)

Fraternities and sororities.

(24)

Funeral parlors and mortuaries.

(25)

Parking areas.

(26)

Accessory buildings, nonresidential use, heated.

(b)

Any of the above conditional uses may be acceptable so long as the use does not create an unusual traffic hazard or any significant noise, dust, vapor, fumes, odor, smoke, vibration, glare or waste disposal problems.

(Prior code 15-2-6.9; Ord. 11 §3, 1993; Ord. 3 §3, 1994; Ord. 5 §10, 2000; Ord. 10, 2000; Ord. 17 §§ 3—5, 2007; Ord. 4 §1, 2009; Ord. No. 2, § 3(Exh. A), 3-6-2023)

Sec. 16-4-670. - Lot measurements.

The following shall be lot measurements for property located in the "R3C" District:

(1)

Minimum lot area: five thousand (5,000) square feet.

(2)

Maximum lot area: seven thousand two hundred fifty (7,250) square feet.

(3)

Minimum lot width: fifty (50) feet.

(4)

Minimum front yard: any distance conditionally approved.

(5)

Minimum side yard: seven and one-half (7½) feet for single-story and flat-roofed buildings and as much as eleven and one-half (11½) feet for sloped-roofed buildings, dependent upon snow storage guidelines.

(6)

Minimum rear yard:

a.

Principal building: ten (10) feet.

b.

Accessory building: five (5) feet.

(Prior code 15-2-6.9; Ord. 11 §3, 1993)

Sec. 16-4-680. - Building measurements.

The following shall regulate measurements for buildings located in the "R3C" District:

(1)

Minimum floor area: four hundred (400) square feet for each residential unit; provided, however, that the minimum floor area for an accessory structure built before July 1, 1942, which is being converted to a residential unit, historic accessory structure shall be two hundred twenty (220) square feet, plus a closet, a bathroom and one hundred (100) additional square feet for each occupant in excess of two (2), only if the following conditions are met:

a.

The residential unit must be an accessory dwelling used exclusively as a long-term rental unit;

b.

The occupants of the dwelling must have been residents of the County for three (3) consecutive years of the preceding seven (7) years;

c.

At least fifty-one percent (51%) of the occupants' income must be earned from work for an employer situated within the County or from work actually performed in the County; and

d.

The above limitations for occupants and the limitation of the term of rental shall be recorded pursuant to Section 16-9-70 of this Chapter.

(2)

Maximum floor area:

a.

Accessory building, including an accessory dwelling, if any, one thousand (1,000) square feet or two-thirds (⅔) of the floor area of the principal building, whichever is smaller.

b.

Accessory dwelling, one thousand (1,000) square feet of floor area or two-thirds (⅔) of the floor area of the principal building, whichever is smaller.

(3)

Maximum floor area ratio:

a.

Principal building: 0.3 as a matter of right, up to 0.32, depending on neighborhood context and lot size, except that no principal building shall exceed two thousand five hundred (2,500) square feet.

b.

All buildings: 0.48, provided that all buildings shall not be larger than three thousand five hundred (3,500) square feet in the aggregate.

(4)

Maximum building width: thirty-five (35) feet.

(5)

Maximum building height: twenty-eight (28) feet.

(Prior code 15-2-6.9; Ord. 16 §1, 1992; Ord. 11 §3, 1993; Ord. 3 §11, 1994; Ord. 4 §1, 2009)

Sec. 16-4-690. - Additional provisions.

(a)

Open space required: Twenty-five percent (25%) of the lot area shall be open, unencumbered and free of any building or structure.

(b)

Minimum exterior wall height shall be seven (7) feet.

(c)

Minimum vertical distance from eave line of roof to finished grade level shall be six (6) feet.

(d)

Slope of roof shall be a minimum of 4:12. A flat roof must contain a parapet on the side facing a street, and as otherwise required by the Board.

(e)

Stream margin review: All uses within twenty (20) feet of a designated water course shall meet the requirements of Section 16-11-10 of this Chapter.

(Prior code 15-2-6.9; Ord. 11 §3, 1993; Ord. 3 §10, 1994; Ord. 4 §1, 2009)

Sec. 16-4-720. - Intent.

The purpose for which this District is created is the provision of areas for more intensive residential development than allowed in the "R1" District, along with customary accessory use, but to carefully monitor such development so that it blends into its neighborhood context and the scale and fabric of the Town.

(Prior code 15-2-7)

Sec. 16-4-730. - Permitted uses.

The following uses shall be permitted in the "R2" District:

(1)

One-family and two-family dwelling units.

(2)

Accessory buildings nonresidential use, not heated or plumbed.

(3)

Home occupations.

(4)

Private garages as accessory buildings to the principal uses.

(Prior code 15-2-7; Ord. 4 §2, 1991; Ord. 3 §3, 1994; Ord. 10, 2000; Ord. 4 §1, 2009)

Sec. 16-4-740. - Conditional uses.

The following uses shall be permitted as conditional uses in the "R2" District:

(1)

Three-family and multi-family dwelling units.

(2)

Accessory dwellings.

(3)

Public playgrounds and public recreation areas.

(4)

Churches and church schools.

(5)

Nonprofit libraries and museums.

(6)

Farm and garden buildings.

(7)

Public and private schools.

(8)

Shop crafts.

(9)

Bed and breakfast establishments, provided that the granting of such conditional use shall be subject to the requirements for short-term rentals in the "R1" District as set forth in Subsection 16-14-90(c) of this Chapter.

(10)

Parking areas.

(11)

Accessory buildings, nonresidential use, heated.

(Prior code 15-2-7; Ord. 4 §2, 1991; Ord. 10, 2000; Ord. 4 §1, 2009; Ord. No. 2, § 3(Exh. A), 3-6-2023)

Sec. 16-4-750. - Lot measurements.

The following shall be lot measurements for property located in the "R2" District:

(1)

Minimum lot area: five thousand (5,000) square feet.

(2)

Maximum lot area: nine thousand three hundred seventy-five (9,375) square feet.

(3)

Minimum lot width: fifty (50) feet.

(4)

Minimum front yard: twenty (20) feet.

(5)

Minimum side yard: seven and one-half (7½) feet for single-story and flat-roofed buildings, and as much as eleven and one-half (11½) feet for sloped-roofed buildings, dependent upon snow storage guidelines.

(6)

Minimum rear yard:

a.

Principal building: ten (10) feet.

b.

Accessory building: five (5) feet.

(Prior code 15-2-7; Ord. 4 §1, 2009)

Sec. 16-4-760. - Building measurements.

The following shall regulate measurements for buildings located in the "R2" District:

(1)

Minimum floor area: four hundred (400) square feet for each residential unit; provided, however, that the minimum floor area for an accessory structure built before July 1, 1942, which is being converted to a residential unit, historic accessory structure shall be two hundred twenty (220) square feet, plus a closet, a bathroom and one hundred (100) additional square feet for each occupant in excess of two (2), only if the following conditions are met:

a.

The residential unit must be an accessory dwelling used exclusively as a long-term rental unit;

b.

The occupants of the dwelling must have been residents of the County for three (3) consecutive years of the preceding seven (7) years;

c.

At least fifty-one percent (51%) of the occupants' income must be earned from work for an employer situated within the County or from work actually performed in the County; and

d.

The above limitations for occupants and the limitation of the term of rental shall be recorded pursuant to Subsection 16-14-90(c) of this Chapter.

(2)

Maximum floor area:

a.

Accessory building, including an accessory dwelling, if any, one thousand (1,000) square feet or two-thirds (⅔) of the floor area of the principal building, whichever is smaller.

b.

Accessory dwelling, one thousand (1,000) square feet of floor area or two-thirds (⅔) of the floor area of the principal building, whichever is smaller.

(3)

Maximum floor area ratio:

a.

Principal building: 0.3 as a matter of right up to 0.4, depending on neighborhood context and lot size for one-family dwelling units, provided that no one-family structure shall be larger than two thousand eight hundred (2,800) square feet; 0.3 as a matter of right up to 0.5. depending on neighborhood context and lot size for dwelling units other than one-family, provided that no primary structure shall be larger than three thousand five hundred (3,500) square feet.

b.

All buildings: 0.5, provided that all buildings shall not be larger than three thousand eight hundred (3,800) square feet in the aggregate.

(4)

Maximum building height:

a.

Principal building: thirty (30) feet.

b.

Accessory building: twenty (20) feet or the height of the principal building, whichever is less.

c.

Accessory dwelling: twenty-four (24) feet or the height of the principal building, whichever is less.

(5)

Maximum building width: thirty-five (35) feet as a matter of right, up to fifty (50) feet, depending upon the location and proximity of adjacent structures, subject to minimum side yard requirements.

(Prior code 15-2-7; Ord. 4 §6, 1990; Ord. 16 §1, 1992; Ord. 11 §8, 1993; Ord. 3 §3, 1994; Ord. 4 §1, 2009; Ord. 16 §1, 2009)

Sec. 16-4-770. - Additional provisions.

(a)

Open space required: fifty percent (50%) of the lot area shall be open, unencumbered and free of any building or structure.

(b)

Minimum exterior wall height shall be seven (7) feet.

(c)

Minimum vertical distance from eave line of roof to the finished grade level shall be six (6) feet.

(d)

Slope of roof shall be a minimum of 4:12.

(e)

Stream margin review: all uses within twenty (20) feet of a designated watercourse shall meet the requirements of Section 16-11-10 of this Chapter.

(Prior code 15-2-7; Ord. 3 §10, 1994; Ord. 4 §1, 2009)

Sec. 16-4-800. - Intent.

This District is created to provide for a mix of residential units. A large portion of the units in the District are deed-restricted in order to provide housing for people who work and live in the immediate area. A mix of rental units and owner-occupied units are anticipated, as well as a mixture of different sizes and densities of units and sites. There should be a range of types of housing from single-family to multi-family units and customary accessory uses. Care should be taken to create a mix of housing and architecture that fits into the context of the Town. The mix should benefit the Town and the neighborhood. Individual sites may have specific deed restrictions affecting how they are permitted to be developed.

(Prior code 15-2-7.1; Ord. 15 §2, 2002)

Sec. 16-4-810. - Permitted uses.

The following uses shall be permitted in the "R2A" District:

(1)

One-family and two-family dwelling units.

(2)

Three-family and multi-family dwelling units if designated as such on the original or amended subdivision plat.

(3)

Accessory buildings, nonresidential use, not heated or plumbed.

(4)

Home occupations.

(5)

Private garages as accessory buildings to the principal uses.

(Prior code 15-2-7.1; Ord. 15 §2, 2002; Ord. 4 §1, 2009)

Sec. 16-4-820. - Conditional uses.

The following uses shall be permitted as conditional uses in the "R2A" District:

(1)

Three-family and multi-family dwelling units.

(2)

Accessory dwellings.

(3)

Churches and church schools.

(4)

Public playground and recreation areas.

(5)

Nonprofit libraries and museums.

(6)

Public and private schools.

(7)

Shop crafts.

(8)

Bed and breakfasts establishments.

(9)

Accessory buildings, nonresidential use, heated.

(Prior code 15-2-7.1; Ord. 15 §2, 2002; Ord. 4 §1, 2009; Ord. No. 2, § 3(Exh. A), 3-6-2023)

Sec. 16-4-830. - Lot measurements.

The following shall be lot measurements for property located in the "R2A" District:

(1)

Minimum lot area: two thousand seven hundred fifty (2,750) square feet.

(2)

Maximum lot area: eight thousand two hundred (8,200) square feet.

(3)

Minimum lot width: forty (40) feet.

(4)

Minimum front yard: ten (10) feet.

(5)

Maximum front yard: twenty (20) feet.

(6)

Minimum side yard: seven and one-half (7½) feet for single-story and as much as eleven and one-half (11½) feet for two-story buildings, dependent on snow storage guidelines. Snow shed and snow storage easements, where available on adjacent lots, may be utilized to fulfill a portion of the required side yard setback. Where a snow shed or snow storage easement is utilized to reduce a side yard setback, the distance that the side yard is reduced must be added to the side yard on the opposite side of the structure. Accordingly, the width of a structure may not be increased by use of a reduced setback.

(7)

Minimum rear yard:

a.

Principal building: ten (10) feet.

b.

Accessory building: five (5) feet.

(Prior code 15-2-7.1; Ord. 15 §2, 2002; Ord. 4 §1, 2009; Ord. 8, § 1, 2015)

Sec. 16-4-840. - Building measurements.

The following shall regulate measurements for buildings located in the "R2A" District:

(1)

Minimum floor area: four hundred (400) square feet for each residential unit.

(2)

Maximum floor area:

a.

Accessory building without accessory dwelling: nine hundred (900) square feet or two-thirds (⅔) of the floor area of the principal building, whichever is smaller.

b.

Accessory dwelling or accessory building including an accessory dwelling: one thousand (1,000) square feet or two-thirds (⅔) of the floor area of the principal building, whichever is smaller.

(3)

Maximum floor area ratio:

a.

Principal building: 0.3 as a matter of right up to 0.4 depending, on neighborhood context and lot size for one-family dwelling units, provided that no one-family structure shall be larger than two thousand eight hundred (2,800) square feet. 0.3 as a matter of right up to 0.5, depending on neighborhood context and lot size for dwelling units other than one-family, provided that no primary structure shall be larger than three thousand five hundred (3,500) square feet.

b.

All buildings: 0.5, provided that all buildings shall not be larger than three thousand eight hundred (3,800) square feet in the aggregate.

(4)

Maximum building height:

a.

Principal building: thirty (30) feet; on lots less than three thousand one hundred twenty-six (3,126) square feet maximum building height twenty-four (24) feet.

b.

Accessory building: twenty (20) feet or the height of the principal building, whichever is less.

c.

Accessory dwelling: twenty-four (24) feet or the height of the principal building, whichever is less.

(5)

Maximum building width: thirty-five (35) feet as a matter of right, up to fifty (50) feet, depending upon the location and proximity of adjacent structures, subject to minimum side yard requirements.

(Prior code 15-2-7.1; Ord. 15 §2, 2002; Ord. 4 §1, 2009; Ord. 8, § 2, 2015)

Sec. 16-4-850. - Additional provisions.

(a)

Open space required: fifty percent (50%) of the lot area shall be open, unencumbered and free of any building or structure.

(b)

Minimum exterior wall height shall be seven (7) feet.

(c)

Minimum vertical distance from eave line of roof to the finished grade level shall be six (6) feet.

(d)

Slope of roof shall be a minimum of 4:12.

(e)

Fences: Fences greater than forty-two (42) inches in height may not be constructed in snow shed/storage easements.

(Prior code 15-2-7.1; Ord. 15 §2, 2002; Ord. 4 §1, 2009)

Sec. 16-4-880. - Intent.

The purpose for which this District is created is to provide areas for more intensive residential development than allowed in the "R1" or "R2" Districts, along with customary accessory use, but to carefully monitor such development so that it blends into its neighborhood context.

(Prior code 15-2-8)

Sec. 16-4-890. - Permitted uses.

The following uses shall be permitted in the "R4" District:

(1)

One-family, two-family and three-family dwelling units.

(2)

Accessory buildings, nonresidential use, not heated or plumbed.

(3)

Home occupations.

(4)

Private garages as accessory buildings to the principal uses.

(5)

Accessory dwellings.

(6)

Public playgrounds and public recreation areas.

(7)

Shop crafts.

(8)

Bed and breakfast establishments, provided that the granting of such conditional use shall be subject to the requirements for short-term rentals in the "R1" District as set forth in Subsection 16-14-90(c) of this Chapter.

(Prior code 15-2-8; Ord. 4 §2, 1991; Ord. 3 §3, 1994; Ord. 39 §5, 1995; Ord. 10, 2000; Ord. 4 §1, 2009)

Sec. 16-4-900. - Conditional uses.

The following uses shall be permitted as conditional uses in the "R4" District:

(1)

Multi-family dwelling units.

(2)

Parking areas.

(3)

Churches and church schools.

(4)

Nonprofit libraries and museums.

(5)

Public and private schools.

(6)

Accessory buildings, nonresidential use, heated.

(Prior code 15-2-8; Ord. 4 §2, 1991; Ord. 13 §6, 1991; Ord. 5 §6, 1995; Ord. 10, 2000; Ord. 4 §1, 2009; Ord. No. 2, § 3(Exh. A), 3-6-2023)

Sec. 16-4-910. - Lot measurements.

The following shall be lot measurements for property located in the "R4" District:

(1)

Minimum lot area: five thousand (5,000) square feet.

(2)

Maximum lot area: nine thousand three hundred seventy-five (9,375) square feet.

(3)

Minimum lot width: fifty (50) feet.

(4)

Minimum front yard: twenty (20) feet.

(5)

Minimum side yard: seven and one-half (7½) feet for single-story and flat-roofed buildings, and as much as eleven and one-half (11½) feet for sloped-roofed buildings, dependent upon snow storage guidelines.

(6)

Minimum rear yard:

a.

Principal building: ten (10) feet.

b.

Accessory building: five (5) feet.

(Prior code 15-2-8; Ord. 4 §1, 2009)

Sec. 16-4-920. - Floor areas.

The following shall regulate measurements for floor areas located in the "R4" District:

(1)

Minimum floor area: four hundred (400) square feet for each residential unit; provided, however, that the minimum floor area for an accessory structure built before July 1, 1942, which is being converted to a residential unit, historic accessory structure shall be two hundred twenty (220) square feet, plus a closet, a bathroom and one hundred (100) additional square feet for each occupant in excess of two (2), only if the following conditions are met:

a.

The residential unit must be an accessory dwelling used exclusively as a long-term rental unit;

b.

The occupants of the dwelling must have been residents of the County for three (3) consecutive years of the preceding seven (7) years;

c.

At least fifty-one percent (51%) of the occupants' income must be earned from work for an employer situated within the County or from work actually performed in the County; and

d.

The above limitations for occupants and the limitation of the term of rental shall be recorded pursuant to Section 16-9-70 of this Chapter.

(2)

Maximum floor area:

a.

Accessory building, including an accessory dwelling, if any, one thousand (1,000) square feet or two-thirds (⅔) of the floor area of the principal building, whichever is smaller.

b.

Accessory dwelling, one thousand (1,000) square feet of the floor area or two-thirds (⅔) of the floor area of the principal building, whichever is smaller.

(3)

Maximum floor area ratio:

a.

One-family dwelling unit: 0.3 as a matter of right up to 0.4, depending on neighborhood context and lot size. All buildings on a one-family residential lot: 0.5.

b.

Two-family dwelling unit: 0.3 as a matter of right up to 0.5, depending on neighborhood context and lot size. All buildings on the lot: 0.5.

c.

Three-family and multi-family dwelling units: 0.6 as a matter of right up to 1.0, depending on neighborhood context and lot size, provided that, for lots exceeding seven thousand five hundred (7,500) square feet, maximum floor area ratio shall not be more than 0.75 for each foot over seven thousand five hundred (7,500) square feet.

d.

All other uses: 1.0 for lots not exceeding seven thousand five hundred (7,500) square feet; 0.75 for each foot over seven thousand five hundred (7,500) square feet.

(Prior code 15-2-8; Ord. 4 §6, 1990; Ord. 2 §1, 1992; Ord. 16 §1, 1992; Ord. 3 §3, 1994; Ord. 4 §1, 2009)

Sec. 16-4-930. - Building measurements.

The following shall regulate measurements for buildings located in the "R4" District:

(1)

Maximum building height: thirty (30) feet.

(2)

Minimum exterior wall height: seven (7) feet.

(Prior code 15-2-8; Ord. 4 §1, 2009)

Sec. 16-4-940. - Additional provisions.

(a)

Minimum vertical distance from eave line of roof to the finished grade level shall be six (6) feet.

(b)

Slope of roof shall be a minimum of 4:12. A portion of flat roof may be considered for multi-family dwellings with five (5) or more units.

(c)

Stream margin review: all uses within twenty (20) feet of a designated water course shall meet the requirements of Section 16-11-10 of this Chapter.

(Prior code 15-2-8; Ord. 3 §10, 1994; Ord. No. 22, § 1, 11-1-2021)

Sec. 16-4-1000. - Intent of district.

The purpose for which this District is created is to provide areas for low-density residential development along with customary accessory uses. The lots in this District provide a transition between the Town and the still larger residential lots outside of Town. Accessory uses naturally and normally incidental to, and exclusively devoted to such primary residential uses are included as conditional uses. It is intended that no more than two (2) units, designed or used for dwelling by a family, shall be allowed on a site.

(Ord. No. 8, § 2, 5-18-2020)

Sec. 16-4-1010. - Permitted uses.

The following uses shall be permitted in the "RlF" District:

(1)

One-family dwelling units.

(2)

Accessory buildings, incidental nonresidential uses, not heated or plumbed.

(3)

Home occupations.

(4)

Attached garages.

(5)

Detached garages as accessory buildings to the principal permitted uses.

(Ord. No. 8, § 2, 5-18-2020)

Sec. 16-4-1020. - Conditional uses.

The following uses shall be permitted as conditional uses in the "RIF" District:

(1)

Accessory dwellings in conjunction with a one-family dwelling unit.

(2)

Two-family dwelling units.

(3)

Parking areas.

(4)

Accessory buildings, incidental nonresidential uses, heated.

(Ord. No. 8, § 2, 5-18-2020; Ord. No. 2, § 3(Exh. A), 3-6-2023)

Sec. 16-4-1030. - Lot measurements.

The following shall be lot measurements for property located in the "R1F" District:

(l)

Minimum lot area: Five thousand (5,000) square feet.

(2)

Maximum lot area: Eleven thousand four hundred (11,400) square feet.

(3)

Minimum frontage: Fifty (50) feet.

(4)

Minimum front yard:

a.

Public street: Twenty (20) feet.

b.

Private access road: Ten (10) feet.

(5)

Minimum side yard: At least seven and one-half (7½) feet, and up to eleven and one-half (11½) feet, dependent upon snow storage and snow shed guidelines.

(6)

Minimum rear yard:

a.

Principal building: Ten (10) feet.

b.

Accessory building: Five (5) feet.

c.

Wetland setback: Seven and one-half (7½) feet.

(Ord. No. 8, § 2, 5-18-2020)

Sec. 16-4-1040. - Floor areas.

The following shall regulate measurements for floor areas located in the "R1F" District:

(1)

Minimum floor area: Four hundred (400) square feet for each residential unit.

(2)

Maximum floor area:

a.

Accessory building, including an accessory dwelling, if any: one thousand (1,000) square feet or two-thirds (⅔) of the floor area of the principal building, whichever is smaller.

b.

Accessory dwelling: one thousand (1,000) square feet of floor area or two-thirds (⅔) of the floor area of the principal building, whichever is smaller.

(3)

Maximum floor area ratio:

a.

The principal building shall not exceed two thousand eight hundred (2,800) square feet.

b.

All buildings shall not be larger than three thousand eight hundred (3,800) square feet in the aggregate.

(Ord. No. 8, § 2, 5-18-2020)

Sec. 16-4-1050. - Building measurements.

The following shall regulate measurements for buildings located in the "RlF" District:

(1)

Maximum building height:

a.

Principal building: Thirty (30) feet.

b.

Accessory building: Twenty (20) feet or the height of the principal building, whichever is less.

c.

Accessory dwelling: Twenty-four (24) feet or the height of the principal building, whichever is less.

(2)

Maximum building width: Thirty-five (35) feet.

(Ord. No. 8, § 2, 5-18-2020)

Sec. 16-4-1060. - Additional provisions.

(a)

Primary and accessory residential buildings shall be oriented on a north-south or east-west axis.

(b)

Open space required: Fifty percent (50%) of the lot area shall be open, unencumbered and free of any building or structure.

(c)

Minimum exterior wall height shall be seven (7) feet.

(d)

Minimum vertical distance from eave line of roof to the finished grade level shall be six (6) feet.

(e)

Slope of roof shall be a minimum of 4:12.

(Ord. No. 8, § 2, 5-18-2020)