In a district "K" garden home residential district, no land shall be used and no building shall be erected for or converted to any use other than:

(a)

A single-family residence;

(b)

Public parks and public playgrounds and noncommercial athletic uses such as jogging tracks and athletic fields;

(c)

Club facilities for use of the particular garden home development;

(d)

Temporary buildings to be used for construction purposes only; such buildings shall be immediately removed from the district by the contractor or developer upon completion or abandonment of construction work. The building inspector, in case of controversy, shall be the sole determine of when construction is deemed to be completed or abandoned;

(e)

Field offices for the sale of real estate; provided that any such office shall be promptly removed from the district by the developer, owner, realtor or party in charge of such building upon oral or written request of the building inspector; and,

(f)

Such uses as may be permitted by special permits.

(Ord. No. 06-06, § 1, 6-20-2006)

(a)

Each garden home dwelling must be located on a separate lot and must front upon a town street.

(b)

For district "K", the term "lot line," as used in the definitions of front, rear and side yards, shall be defined as the lot line of the dwelling unit lot, property boundary line for the garden home project, or street right-of-way boundary line, whichever yields the greatest area when calculating yard area. The purpose of defining lot line for a district "K" garden home is to allow such a development to combine private and communal areas.

(Ord. No. 06-06, § 2, 6-20-2006)

The maximum height of a garden home shall not exceed 30 feet or two standard stories plus one-half story.

(Ord. No. 06-06, § 3, 6-20-2006)

Area regulations in district "k" under this article shall be as follows:

(a)

Front yard. There shall be a front yard having a minimum depth of 20 feet. If, however, all off-street parking is located in the rear of the garden home, and such lot abuts an alley or driveway having a minimum width of 24 feet, then the front yard may be reduced to ten feet.

(b)

Side yard. The side yard setbacks shall be a minimum of five feet for each side yard; provided however, that the setback on a side yard adjacent to a street shall be a minimum of ten feet.

(c)

Rear yard. The minimum rear yard shall be ten feet to the curbline or the property line.

(d)

Site size. No size for a "K" garden home residential district shall contain less than five contiguous acres.

(e)

Building density. No garden home development shall exceed a density of more than six units per gross acre.

(f)

Adjoining districts. The minimum distance between a residential dwelling on a "K" garden home district and a property line adjoining an "A" single-family residential district is ten feet.

(g)

Living space. The minimum living area requirement for each individual garden home dwelling shall be not less than 1,600 square feet of heated and air-conditioned living space.

(h)

Parking spaces. Off-street, all-weather, paved parking shall be provided on the basis of three spaces per unit. Parking spaces must be at least nine feet by 18 feet. A garage and carport or other automobile storage area and their drive approaches shall qualify as off-street parking if they meet these requirements.

(i)

Streets. All public streets shall have a minimum width of 28 feet of all-weather, hard surface and, a right-of-way with a minimum of 32 feet. They shall be in compliance with all other applicable provisions of this chapter that are not inconsistent with this provision, in which case, the provision of this section shall control.

(j)

Poles and hydrants. Utility poles and fire hydrants shall be located a minimum of three feet from the curbline on the off-street side of the curbline.

(Ord. No. 06-06, § 5, 6-20-2006)

(a)

Compliance. The construction of a garden home dwelling shall comply with all applicable provisions of the Code of the City and, where not in conflict with Code provisions and ordinances, the applicable standards promulgated by the National Fire Protection Association.

(b)

Roofs. All garden home roofs shall be constructed with fire resistant and/or retardant material or treated to make such roofs fire resistant and/or retardant. Any such roof construction and/or treatment shall comply with applicable Code provisions and, where not in conflict or inconsistent with Code provisions, the current standards promulgated by the National Fire Protection Association.

(c)

Proximity of hydrants. No garden home dwelling shall be more than 400 feet from a fire hydrant.

(d)

Fences. A garden home fence constructed in the required front yard area shall not be higher than two feet above lot grade.

(1)

Side or rear yard perimeter or interior fences are permitted; providing that they, as well as the front yard fence, are constructed of wood, concrete, brick, galvanized chain link, or other materials approved by the building inspector. In no event shall the side or rear yard perimeter or interior fence exceed six feet in height above lot grade.

(2)

On a corner lot, no fence, vegetation, shrubbery, trees or other obstruction whose height is greater than 24 inches, or which blocks, or tends to block the sight of motorists, shall be allowed within the triangular area formed by the intersecting street lines extending along the nearest boundaries of the street right-of-way and a straight line connecting each such street line at a point 15 feet from the point of intersection measured along such lines. Existing trees may remain but must have their lower branches removed from ground level up to at least a height of six feet.

(e)

Accessory buildings. Accessory/portable buildings are allowed in district "K"; provided that no such accessory/portable building shall be located forward of the rear building line of the dwelling nor closer than ten feet to any property line, with the exception of garages which may be constructed on or near a zero lot line.

(f)

Oversized vehicles. No oversized vehicles shall be allowed to park in excess of 24 hours on public parking areas. No construction type vehicles except those used for on-site construction of the particular garden home project, are permitted to park in district "K" under this article.

(g)

Junked and abandoned motor vehicles. The city's ordinances pertaining to junked and abandoned motor vehicles are applicable to "K" garden home residential districts.

(h)

Home occupations. Those home occupations as authorized by the city's ordinances are permitted in "K" garden home residential districts.

(i)

Drainage. The drainage plan for a "K" garden home residential district shall be presented at the planning stage to the city engineer for his review and approval. No construction shall be commenced in the "K" garden home residential district until the city engineer has given his written approval of the drainage plan for the district.

(Ord. No. 06-06, § 6, 6-20-2006)

Businesses shall comply with the off-street parking regulations as follows:

(a)

All-weather surfaces should be installed and should be graded and drained in such a manner that there will be no free flow of water onto adjacent properties.

(b)

The surface and drainage provisions must be approved by the city engineer.

(c)

All lighting used to illuminate off-street parking areas shall be arranged so as to direct or shield the light away from the adjoining premises in any residential district.

(Ord. No. 06-06, § 7, 6-20-2006)

Churches shall comply with the off-street regulations as follows:

(a)

All-weather surfaces should be installed and should be graded and drained in such a manner that there will be no free flow of water onto adjacent properties.

(b)

The surface and drainage provisions must be approved by the city engineer.

(c)

All lighting used to illuminate off-street parking areas shall be arranged so as to direct or shield the light away from the adjoining premises in any residential district.

(d)

A minimum of three spaces for each 200 square feet of new floor area or 0.20 (one-fifth) spaces per sanctuary seat (including ministers and choir), whichever produces the greater number of spaces.

(Ord. No. 06-06, § 8, 6-20-2006)