The purpose for which this District is created is to accommodate the continued availability of land within the Town for the location of mobile homes, while at the same time encouraging the location, movement or realignment of mobile homes in such fashion as will maximize public safety and aesthetic considerations.

(Prior code 15-2-14; Ord. 3 §3, 1989)

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

(1)

Mobile home parks;

(2)

Individual mobile homes; and

(3)

Mobile home accessory buildings.

(Prior code 15-2-14; Ord. 4 §1, 2009)

The following uses shall be permitted as a conditional uses in the "M" District: parking areas.

(Prior code 15-2-14; Ord. 13 §6, 1991; Ord. 4 §1, 2009)

The following use restrictions shall apply in the "M" District:

(1)

A single mobile home shall be subject to the restrictions of a single-family dwelling unit, as contained in the "R1" Residential District.

(2)

All mobile homes shall be located upon well-drained and properly graded lots, so as to prevent the accumulation of surface water and to ensure proper drainage.

(3)

Mobile home lots shall consist of a minimum of three thousand one hundred twenty-five (3,125) square feet and shall be not less than twenty-five (25) feet in width.

(4)

The "M" District shall be designed, constructed and laid out so that there shall be a minimum of eleven (11) feet in distance between mobile homes.

(5)

No mobile home shall be located closer than ten (10) feet from the boundaries of the "M" District.

(6)

Each space for a mobile home shall be clearly and distinctly marked and numbered.

(7)

Water and sewer lines in accordance with this Code must be installed in the "M" District by September 1, 1992. The electrical and gas system within the District must conform to all provisions of this Code and all governmental codes pertaining to the same, and all gas and electrical service lines shall be installed underground.

(8)

The "M" District shall at all times be maintained in a clean and orderly condition with adequate trash and garbage containers provided.

(9)

A storage building may be provided on each mobile home lot containing a minimum storage capacity of ten (10) cubic yards per mobile home lot. Such building may be placed to the rear of each mobile home, shall not be larger in width than the mobile home and shall not exceed ten (10) feet in length.

(10)

Off-street parking for two (2) motor vehicles for each mobile home shall be provided and maintained on a year-round basis. A garage may be allowed as a conditional accessory use on any lot so long as it is placed to the rear of any mobile home on the same lot, is used for vehicular storage and meets all of the height and set back requirements of this District.

(11)

The five-and-one-half-foot side lot setback requirement and the eleven-foot distance between mobile homes are intended to provide a minimum unencumbered corridor for fire protection purposes. The corridor shall run parallel to the mobile home's longest dimension and shall run the full length of the property on which the mobile home is located. For purposes of this Paragraph, an encumbrance shall include any object which may obstruct fire protection personnel or equipment. No variance for any encroachment into said corridor shall be allowed. An uncovered and unenclosed porch or landing for a mobile home door which opens into such area may be allowed so long as such porch or landing is approved by the Building Inspector and does not include a porch or landing in excess of twenty (20) square feet. Further, such porch or landing may not extend more than four (4) feet, including railings, from the mobile home to which it is attached. The dimensional limitation of the four (4) feet in width and twenty-square-foot maximum may be varied by approval of the Board if the lot is wider than twenty-five (25) feet in the vicinity of the deck and an eleven-foot unobstructed corridor between mobile homes is maintained for fire protection purposes.

(Prior code 15-2-14; Ord. 3 §3, 1989; Ord. 1 §1, 1990; Ord. 5 §9, 1995; Ord. 4 §1, 2009; Ord. 30 §1, 2010)

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

(1)

Minimum lot area: three thousand one hundred twenty-five (3,125) square feet.

(2)

Minimum lot width: twenty-five (25) feet.

(3)

Minimum front yard: twenty (20) feet.

(4)

Minimum side yard: five and one-half (5½) feet.

(5)

Minimum rear yard: five (5) feet.

(Prior code 15-2-14; Ord. 3 §3, 1989; Ord. 4 §1, 2009)

The minimum floor area for a mobile home in the "M" District shall be none, except that no mobile home may contain more than one (1) residential unit.

(Prior code 15-2-14; Ord. 3 §3, 1989; Ord. 4 §1, 2009)

(a)

The maximum building height shall be sixteen (16) feet.

(b)

The minimum exterior wall height shall be seven (7) feet.

(c)

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

(d)

The slope of the roof shall be a minimum of 4:12; provided, however, that a mobile home may have a flat roof.

(Prior code 15-2-14; Ord. 3 §3, 1989; Ord. 4 §1, 2009)

The purpose for which this District is created is to ensure adequate land for recreation and for governmental and quasi-governmental purposes.

(Prior code 15-2-15; Ord. 5 §1, 1995)

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

(1)

Open use recreational facilities, parks or playfields;

(2)

Libraries or museums;

(3)

Essential governmental and public utility uses;

(4)

Public transit facilities;

(5)

Community recreation facilities;

(6)

Parking areas;

(7)

Art centers; and

(8)

Schools.

(Prior code 15-2-15; Ord. 5 §1, 1995; Ord. 4 §1, 2009)

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

(1)

Publicly owned housing;

(2)

Agricultural structures; and

(3)

Retail commercial establishments, office uses, financial institutions and personal services establishments in buildings owned by or property leased by the Town.

(Prior code 15-2-15; Ord. 6 §1, 1996; Ord. 8 §1, 1998; Ord. 17 §16, 2007; Ord. 4 §1, 2009)

The purpose for which this District is created is to maintain and preserve the rural character of lands proximate to development which are suitable for open space conservation or recreation use by preserving the agricultural use, wildlife habitat and scenic quality of such lands.

(Prior code 15-2-15.1; Ord. 39 §1, 1995)

The following uses shall be permitted in the "A-O" District:

(1)

The grazing of livestock and horses, excluding feed lots, provided that offensive odors and dust are confined to the zone district;

(2)

Hay growing and harvesting;

(3)

Public recreation trails;

(4)

Publicly owned recreational facilities;

(5)

Wildlife habitat; and

(6)

Open space or land.

(Prior code 15-2-15.1; Ord. 39 §1, 1995; Ord. 4 §1, 2009)

The following uses shall be permitted as conditional uses in the "A-O" District:

(1)

Ponds;

(2)

Crops, other than hay;

(3)

Erosion- or hazard-protection structures;

(4)

Underground public utility mains and lines, and appropriate and necessary underground and aboveground appurtenances connected therewith; and

(5)

Structures, excluding residential structures, roads and fences which are necessary and accessory to permitted and conditional uses.

(Prior code 15-2-15.1; Ord. 13 §8, 1991; Ord. 4 §1, 2009)

The placement and size of aboveground structures shall be minimized. Further, outdoor storage of refuse or any other abandoned material or object shall not be allowed.

(Prior code 15-2-15.1)

The following shall be lot measurements for property located in the "A-O" District:

(1)

Minimum lot area: ten (10) acres.

(2)

Minimum yard setbacks: any distance conditionally approved.

(Prior code 15-2-15.1; Ord. 4 §1, 2009)

(a)

The maximum floor area shall be four thousand five hundred (4,500) square feet in the aggregate.

(b)

The maximum building height shall be twenty-eight (28) feet.

(c)

The maximum number of animals shall be thirteen and three-tenths (13.3) animal unit months (AUM) per ten (10) acres or portion thereof, provided that no significant increase in erosion occurs (established as of the date such use is allowed by the Town).

(Prior code 15-2-15.1; Ord. 4 §1, 2009)

The Planned Unit Development is an overlay district that allows the development of a unified project which may involve a related group of uses and variances from the strict adherence to the area, setback, bulk and other requirements of the underlying zone district regulations not related to use. Specific purposes for a Planned Unit Development (hereafter "P.U.D.") include:

(1)

Promoting flexibility in the type, design and siting of structures to preserve and take advantage of the site's unique or natural features.

(2)

Encouraging more efficient use of land, streets, alleys, utilities and governmental services.

(3)

Preserving open space for the benefit of residents and users of developments, as well as the Town in general.

(4)

Achieving a compatible land use relationship with surrounding areas.

(5)

Promoting greater variety, within the context of existing architecture and neighborhood context and size, in the type, design and siting of buildings and thereby improving the character and quality of new development.

(6)

Allowing the development of larger parcels incorporating many Town lots in a fashion which promotes more variety and diversity than would be possible in the individual development of each Town lot.

(7)

Ensuring that the flexibility in the type, design and siting of structures and variations from Town zoning district requirements result in public benefits to the community that go beyond those required by the Town zoning district requirements and other development standards in the Town Code.

(Prior code 15-2-15.2; Ord. 39 §1, 1995; Ord. No. 18, § 1, 7-20-2020)

A request for a P.U.D. overlay may be submitted for any of the following types of development:

(1)

Any four (4) or more contiguous town lots, under the ownership of one (1) person, located in the "C" Commercial District; any five (5) or more contiguous town lots, under the ownership of one (1) person, in both the "T" Tourist District and the "B2" Business District; any six (6) or more contiguous town lots, under the ownership of one (1) person, in the "B3" Business District, the "B4" Business District and the "R4" Residential District; and any five (5) or more contiguous town lots, under the ownership of one (1) person or entity, located in the "B2" District. Any P.U.D. overlay in the "B2'' District shall provide for a mix of building shapes relative to others existing in the entire "B2" District.

(2)

Any sixteen (16) or more contiguous lots, whether or not divided by any alley and/or street under the ownership of any one (1) person or entity, located anywhere within the Town.

(3)

Any parcel at least eighteen thousand seven hundred fifty (18,750) square feet in size, which is located in the "M" District and utilized exclusively for affordable or low-income housing.

(4)

Between four (4) and eight (8) contiguous Town lots, whether or not divided by an alley, in the "RIC" District which will be used primarily as public playgrounds and public recreation area churches and church-related facilities including only reception halls, class rooms, child care areas and required parking; nonprofit libraries and museums; and public and private schools.

(Ord. No. 18, § 2, 7-20-2020)

Editor's note— Ord. No. 18, § 2, adopted July 20, 2020, amended § 16-6-320 in its entirety to read as herein set out. Former § 16-6-320, pertained to location of P.U.D. Overlay, and derived from Prior code 15-2-15.2; Ord. 23 §7, 1992; Ord. 1 §1, 1993; Ord. 4 §2, 1994; Ord. 23 §1, 1996; Ord. 9 §1, 2006; Ord. 1 §1, 2008; Ord. 3 §9, 2009; Ord. 4 §1, 2009; Ord. No. 16, § 2, 7-10-2017.

In order to achieve the above-stated intentions of the P.U.D. Overlay, the following zone district requirements and regulations may be varied at the discretion of the Board:

(1)

Minimum lot area.

(2)

Maximum lot area.

(3)

Minimum lot width.

(4)

Minimum front yard.

(5)

Minimum side yard.

(6)

Minimum rear yard.

(7)

Maximum building width.

(8)

Minimum exterior wall height.

(9)

Minimum vertical distance from eave line of roof to the finished grade level.

(10)

Slope of roof.

(Prior code 15-2-15.2)

The floor area ratio for a P.U.D. overlay will be governed by the ratio allowed, considering use and/or lot size, in the zone district comprising the largest part of the P.U.D. The total site size, not the maximum lot size in the applicable zone district, will constitute the denominator in the floor area ratio calculation.

(Prior code 15-2-15.2; Ord. 5 §3, 1995; Ord. 4 §1, 2009; Ord. No. 18, § 3, 7-20-2020)

(1)

General plan application, public hearing, and Board decision pursuant to Sections 16-6-360 through 16-6-380.

(2)

Upon the Board's approval of the general plan, the applicant applies for a zoning amendment to be decided in a public hearing by Town Council decision pursuant to Sections 16-23-30, 16-23-60 and 16-23-90.

(3)

Upon the Town Council's approval of the P.U.D. overlay zoning amendment, the applicant may proceed with Architectural Review by the Board pursuant to Section 16-6-390.

(4)

Following approval by the Board under Section 16-6-390, applicant will obtain all applicable permits and approvals prior to commencing development.

(Ord. No. 18, § 4, 7-20-2020)

Editor's note— Ord. No. 18, § 4, adopted July 20, 2020, amended § 16-6-350 in its entirety to read as herein set out. Former § 16-6-350, pertained to application procedure, and derived from Prior code 15-2-15.2; Ord. 4 §1, 2009.

Any application for a P.U.D. which contains more than twenty-five thousand (25,000) square feet of land shall also be accompanied with a subdivision final plat which shall be subject to the requirements set forth in the Town's Major Subdivision Regulations, and reviewed for approval as a subdivision under said regulations; except that lands platted and zoned within the Town prior to July 20, 2007, shall be reviewed for approval as a P.U.D. only under the Town's P.U.D. requirements. The submission of multiple P.U.D. applications to circumvent this requirement is prohibited. When there are conflicts between the procedures or requirements of this Section and said Subdivision Regulations, the Subdivision Regulations shall prevail.

(Prior code 15-2-15.2; Ord. 33 §1, 1995; Ord. 15 §1, 2007; Ord. 4 §1, 2009)

Any applicant for a P.U.D. overlay may submit a concept plan of the proposed P.U.D., in whatever detail the applicant deems appropriate, to the Building Inspector. The Building Inspector shall review the plan and make such informal recommendations to the potential applicant as he or she deems relevant. Thereafter, the concept plan shall be referred to the Board for its review and comment at a regularly scheduled public meeting. The submission and review of a concept plan shall be for informational purposes only, and no binding decision or representations shall be made or allowed. It is the intent of this concept plan stage to allow general conceptual review of a proposed P.U.D. by the Board in order to give the applicant information regarding feasibility and potential problem s that should be addressed in any general plan application.

(Prior code 15-2-15.2; Ord. No. 18, § 5, 7-20-2020)

(a)

Application. Following the Board's review and discussion of the concept plan, an applicant for a P.U.D. overlay may submit a general plan application to the Building Inspector. This general plan application shall include:

(1)

A legal description of the lots or parcel subject to the P.U.D.

(2)

A deed for the property establishing title.

(3)

The signature of the owner of the property or some other person with the written legal authority of the owner, if that person has the written legal authority to make such application.

(4)

The existing topographic character of the land at a contour interval of two (2) feet if the slope is less than ten percent (10%) (spot elevations may be required if land is too flat for contours), and five (5) feet where the slope is greater than ten percent (10%).

(5)

A site plan of the P.U.D. parcel, drawn to a scale of not less than one (1) inch equals twenty (20) feet, indicating:

• The dimensions of the parcel;

• The location and size of all proposed buildings, structures, utilities, easements, and other improvements;

• All walls and fences with their location and heights;

• The off-street parking areas, snow storage areas, service areas including trash areas, loading areas and provision for bicycle trails and bicycle storage;

• Notation as to any mature landscaping proposed to be removed or relocated;

• The areas to be dedicated to the Town or reserved as common areas;

• The 100-year floodplain and floodway, if applicable;

(6)

Project narrative describing the proposed land uses along with a tabular summary of the proposed project.

• Development Program of Project by use, unit, square feet of development, and density;

• Development Program of building(s) by use, unit, square feet of development, and building heights;

• Areas dedicated to the Town;

(7)

At least two (2) three-dimensional perspective, drawn to scale, showing the relationship of the proposed building or project to nearby buildings, if requested by the Chair of the Board or the Building Inspector.

(8)

Plans showing the heights and four elevations of the building(s) or structure(s), and the exterior walls and roof thereof, with a general schematic drawing of the exterior design of the building drawn to one-quarter-inch or one-eighth-inch to the foot scale.

(9)

A front elevation, drawn to scale, showing the width and height of the street elevation (alley elevation in the case of an alley structure) of the proposed building, any other buildings on the proposed building site and the buildings on the parcels abutting the proposed building site, all on one (1) drawing.

(10)

A cross-section of each building section which varies in floor-to-ceiling height from any other section in the building.

(11)

If the natural grade of a building site varies more than two (2) vertical feet between any two (2) points on the site or one (1) vertical foot within the building footprint, the natural contour of the site shall be graphically depicted on the site plan with no greater than one-foot contour lines and depicted on the submitted elevations of the proposed structure. If the finish grade of the site is proposed to be different from the natural grade of the site by more than one (1) vertical foot, both finish and natural grade shall be clearly depicted and labeled as such on the site plan and on the submitted elevations of the structure.

(12)

A general landscape plan at the time of submission to be followed by a detailed landscaping plan once the plan has been approved showing the spacing, sizes and specific types of landscaping material, including parking areas.

• Include notation as to any mature landscaping proposed to be removed or relocated on the site.

(13)

A development schedule setting forth timing for construction of the development.

(14)

Copies of any special agreements, conveyances, restrictions, or covenants which will govern the use, maintenance and continued protection of the planned unit and any of its common park areas must accompany the final development plan.

(15)

The applicant may submit any other information or exhibits he deems pertinent in evaluating his proposed planned unit development, and the Board may request additional information which it deems necessary for adequate review and evaluation.

(16)

A statement setting forth the required variances from normal zoning requirements and any required conditional uses, together with the justification for such variances and conditional uses.

(17)

A plot plan of the P.U.D. parcel, drawn to a scale of one-eighth (⅛) inch to one (1) foot or to a scale appropriate to the project as determined by the Building Inspector, showing the dimensions of the parcel and the size and location of the buildings or structures to be erected thereon, together with all other buildings or structures on the parcel, as well as parking and landscaping features.

(18)

The signature of the owner or a person with the written legal authority of the owner. A statement setting forth the required variances from normal zoning requirements and any required conditional uses, together with the justification for such variances and conditional uses.

(19)

At least two (2) three-dimensional perspectives, drawn to scale, showing the relation ship of the project to nearby buildings and uses.

(20)

A statement setting forth the impact of the project on the neighborhood, together with the applicant's plans to incorporate features designed to mitigate adverse impacts related to parking, visual impacts, access, noise and provision of services.

(21)

Any other plans or representations required by the Building Inspector or Board.

(b)

Notice and Board hearing. Upon receipt of the general plan and following proper notice of at least ten (10) days, the Board will review the general plan in a public hearing for compliance with the criteria set forth in Section 16-6-400. The Board may app rove the general plan application if the evidence on the record demonstrates that the proposed general plan satisfies the criteria in Section 16-6-400. If the Board finds that the proposal does not satisfy the criteria in Section 16-6-400, the Board shall approve the proposal with conditions that ensure compliance with all such criteria, or deny the proposal.

(c)

Zoning Amendment application. Following the Board's approval of the general plan, the applicant shall seek approval by Town Council of a zoning amendment for the P.U.D. overlay pursuant to the zoning amendment procedures in Article 23. Approval by the Board of the general plan shall constitute the formal recommendation to Town Council for the P.U.D. overlay zoning amendment under Section 16-23-40, and no application for such P.U.D. overlay zoning amendment shall be scheduled with Town Council unless or until the Board approves the general plan.

(1)

In addition to the application materials required in Section 16-23-30, the P.U.D. zoning amendment application shall include the general plan approved by the Board, and include a narrative description of how the P.U.D. overlay satisfies the standards in Section 16-6-380(2).

(2)

The P.U.D. overlay shall:

a.

Enhance the efficient use of land, streets, alleys, utilities and governmental services.

b.

Preserve open space in excess of the requirements of the underlying zone district(s).

c.

Be compatible with surrounding uses and the natural environment.

(3)

Following the Town Council's public hearing on the zoning amendment pursuant to Section 16-23-60, the Council shall approve the zoning amendment application for the P.U.D. overlay if the application satisfies the standards of Section 16-6-380(c)(2). If Council determines that the application does not satisfy such standards, Council shall deny the application and remand the application to the Board with written findings as to why the application was denied.

(Prior code 15-2-15.2; Ord. 4 §4, 1991; Ord. 4 §1, 2009; Ord. No. 18, § 6, 7-20-2020)

(a)

Review procedure. Upon Council's approval of the P.U.D. overlay zoning amendment, the applicant may submit detailed plans as are required Chapter 18 of this Code for the consideration of a building permit and architectural appropriateness. These detailed plans shall also include:

(1)

A statement regarding the completion and maintenance of common elements and/or common open space.

(2)

A landscape plan.

(3)

The development and/or construction schedule.

(4)

A plan for traffic and parking.

(b)

Review by Board. The Board shall review the building permit plans and representations for architectural appropriateness as set forth in Article 2 of this Chapter and shall review the plans for common elements, landscaping and development schedule under the criteria set forth in Section 16-6-400, below.

(Ord. No. 18, § 6, 7-20-2020)

Editor's note— Ord. No. 18, § 6, adopted July 20, 2020, amended § 16-6-390 in its entirety to read as herein set out. Former § 16-6-390, pertained to building permit review, and derived from Prior code 15-2-15.2; Ord. 13 §5, 1991; Ord. 4 §1, 2009.

The Board shall not approve the general plan unless the Board finds that the general plan complies with all of the criteria set forth in this Section 16-6-400. If the general plan does not comply with all of the criteria, the proposal shall be approved with conditions that ensure compliance with all such criteria, continued to a date certain, or it shall be denied by motion of the Board. If a continued request is not rescheduled by the proponent for discussion to occur on or before the date to which the request is continued, the request is deemed to be denied without further action by the Board. Approval of the general plan by the Board shall constitute a recommendation to the Town Council to approve the P.U.D. overlay rezoning application. The general plan criteria are:

(a)

The general plan is consistent with the objectives and purposes of this Chapter and the underlying zoning district.

(b)

The general plan is compatible with neighborhood context and size, and will provide positive benefits to the Town beyond the minimum required by the Town Code. In making this determination the Board shall consider:

(1)

Scale of proposed structures.

(2)

Density of proposed structures.

(3)

Amount of open space that may be provided in excess of requirements of the underlying zoning district.

(4)

Protection of view corridors.

(5)

Landscaping improvements in excess of standards of the underlying zoning district.

(6)

Adequacy and location of parking.

(7)

Relationship to adjacent land uses.

(8)

Impact to the availability of housing units for long term occupancy.

(9)

Public benefits beyond the requirements of the Town Code.

(c)

The general plan shall not cause nuisances including without limitation:

(1)

Congestion, automotive or pedestrian safety problems, or traffic hazards.

(2)

Significant noise, dust, vapor, fumes, odor, smoke, vibration, glare, trash or waste disposal issues, or other impacts that interfere with the use an enjoyment of neighboring property.

(d)

The general plan shall avoid adverse impacts on adjacent property or public facilities, rights-of-way or utilities by providing adequate:

(1)

Snow storage.

(2)

Protection from snow shedding.

(3)

Snow removal.

(4)

Solar access.

(5)

Fire access.

(e)

The general plan shall include:

(1)

An on-site, open and unoccupied area at least twelve (12) feet by twelve (12) feet in size, which is accessible at all times for an appropriate trash storage/dumpster location for each use or group of related uses within the P.U.D., as determined by the Board.

(2)

In addition to the required off-street parking, an area equal in size to at least thirty-three percent (33%) of the off-street parking area (including the driving area within any parking lot and driveways), pedestrian access, trash removal or open space amenities shall be dedicated to snow storage. In lieu of providing said snow storage area, a snow melt system complying with the Town's Energy Code may be utilized in the areas where snow is removed therefrom, or the snow may be removed therefrom and stored on private property so long as an easement, license or ownership in perpetuity is demonstrated, unless there is public land available which is dedicated for such snow storage.

(3)

Required number of properly sized handicapped accessible parking spaces for nonresidential buildings as determined by the Town.

(4)

Adequate off-street parking. If a P.U.D. general plan is located in a "T" District, payment in lieu of the required off-street parking is not allowed.

(Prior code 15-2-15.2; Ord. 13 §5, 1991; Ord. 23 §8, 1992; Ord. 1 §2, 2008; Ord. 4 §1, 2009; Ord. No. 18, § 7, 7-20-2020)