- RESIDENTIAL DISTRICTS
Unless otherwise provided by a subdivision of lands approved by the zoning commission, the minimum building site for a single-family dwelling shall be one acre.
(Ord. No. 1-1992, § 8(A), 3-10-1992)
No residents situated in a residential district may keep more than four pets in any yard.
(Ord. No. 1-1992, § 8(B), 3-10-1992)
The R-A residence/agriculture districts are composed mainly of unsubdivided lands that are vacant or in agriculture or forestry uses, with some dwellings and some accessory uses. The regulations are designed to protect the essentially open character of the districts by prohibiting the establishment of scattered business, industrial and other uses that are unrelated to any general plan of development and that might inhibit the best future urban utilization of the land. It is intended that land in these districts shall be reclassified to its appropriate residential or commercial category in accordance with the amendment procedure set forth in this article whenever such land is subdivided into urban building sites.
(Ord. No. 1-1992, § 11(51-216), 3-10-1992)
(a)
Generally. In R-A districts only the uses listed in this division are permitted.
(b)
Uses by right. In R-A districts, the uses listed as follows are permitted subject to the conditions specified:
Accessory use.
Dwelling, one-family, intended for use by the owner, members of his family and employees.
Extraction of oil, gas or other natural mineral deposit 5,000 feet or more from Cross Lake; need not be enclosed within a structure.
Farming and truck gardening; need not be enclosed within a structure (no on-premises sales of items not produced at the site).
Golf course, but not including commercial miniature course or commercial driving range; need not be enclosed within a structure.
Home occupation; must be in full compliance with criteria specified in section 66-513.
Livestock and poultry raising, including dairy; need not be enclosed within a structure.
Nameplate; need not be enclosed within a structure.
Outdoor general advertising structure; need not be enclosed within a structure.
Playground or park (public), including recreation center; need not be enclosed within a structure.
Single-family personal care home; must be in full compliance with criteria specified in section 66-514.
(c)
Uses requiring zoning commission approval. The uses listed as follows are permitted in the R-A district upon approval of the location and site plan thereof by the zoning commission as being appropriate with regard to transportation and access, water supply, waste disposal, fire and police protection and other public facilities, as not causing undue traffic congestion or creating a traffic hazard and as being in harmony with the orderly and appropriate development of the district in which the use is located:
Bed and breakfast lodging.
Fire station.
Pipeline or electrical transmission line; need not be enclosed within a structure.
Railroad right-of-way, but not including shops, yards and team tracks; need not be enclosed within a structure.
Revival, church.
School, elementary and/or secondary, meeting all requirements of the compulsory education laws of the state.
University or college (nonprofit).
Water storage; need not be enclosed within a structure.
Water or sewage pumping station.
(d)
Special exception uses. The uses listed as follows are permitted in the R-A districts, but are hereby declared to possess such characteristics of unique or special form that each specific use shall be considered an individual case and shall be subject to approval of the board of adjustment in accordance with the provisions of article VII of this chapter governing special exceptions:
Airport; need not be enclosed within a structure.
Airport and dusting service; need not be enclosed within a structure.
Cemetery; need not be enclosed within a structure.
Church, including parish house, community house and educational buildings.
Correctional, detention or penal institution.
Dwelling, secondary residential; whether it be a mobile home, garage apartment or granny flat, each secondary residential dwelling building site should have adequate square footage to permit each dwelling to meet the required setbacks, and at least 2,500 square feet per unit gross land area, plus direct access to both dwelling units from a public right-of-way. Service by municipal water and sewer lines will be an important consideration. No more than one secondary residential structure will be allowed on any lot. Neighborhood compatibility shall be the principal impact consideration.
Electric substation; need not be enclosed within a structure, but must be enclosed within a wall at least ten feet high and adequate to obstruct view, noise and passage of persons.
Golf driving range and miniature golf course; need not be enclosed within a structure.
Heliport.
Home occupation.
Kennels, boarding; not including animal hospital or veterinary clinic.
Race track, including dragstrip, go-cart track, motorcycle or similar facility for motorized racing; need not be enclosed within a structure.
Radio and television broadcasting transmitter, but not including studio.
Riding academy and/or rodeo; need not be enclosed within a structure.
Single-family personal care home.
Telephone exchange; but not including administrative office, shops or garages.
Trailer, mobile home, when used as a dwelling unit; not including trailer court or mobile home park, when located on a building site of one acre or less in area.
(Ord. No. 1-1992, § 11(51-217)—(51-220), 3-10-1992)
Except as provided in article IX of this chapter, the minimum building site area in the R-A district shall be:
(1)
For a one-family dwelling in the Cross Lake watershed, one acre.
(2)
For a one-family dwelling elsewhere in the town, 25,000 square feet.
(3)
For any other permitted use, 10,000 square feet.
(Ord. No. 1-1992, § 11(51-221), 3-10-1992)
Except as provided in article IX of this chapter, no structure in the R-A district shall be erected or altered to exceed 35 feet.
(Ord. No. 1-1992, § 11(51-222), 3-10-1992)
Except as provided in article IX of this chapter, the minimum dimensions of yards in the R-A district shall be:
(1)
Front yard, 30 feet.
(2)
Side yard: ten feet.
(3)
Rear yard, 25 feet.
(Ord. No. 1-1992, §§ 6, 11(51-223), 3-10-1992)
These R-1A, R-1B, R-1C, R-1D and R-1H districts are composed mainly of areas containing one-family dwellings on large building sites and open areas where similar suburban residential development seems likely to occur. In the urban, one-family detached residence districts, few two-family and multifamily dwellings are found, in spite of their more urban location. The district regulations are designed to protect the residential character of the areas by prohibiting all commercial activities; to encourage a suitable environment for family life by including among the permitted uses such facilities as schools and churches; and to preserve the openness of areas by requiring certain minimum yard and area standards to be met.
(Ord. No. 1-1992, § 11(51-236), 3-10-1992)
(a)
Generally. In the urban and suburban, one-family residence districts only the uses listed in this division are permitted.
(b)
Uses by right. The uses listed as follows are permitted in one-family residence districts, subject to the conditions specified:
Accessory use.
Dwelling, one-family.
Farming and truck gardening; need not be enclosed within a structure (no on-premises sales of items not produced at the site).
Home occupation; must be in full compliance with criteria specified in section 66-513.
Nameplate, not exceeding one square foot in area; need not be enclosed within a structure.
Park or playground (public), including recreation center; need not be enclosed within a structure.
Single-family personal care home; must be in full compliance with criteria specified in section 66-514.
(c)
Uses requiring zoning commission approval. The following uses listed in this subsection are permitted in one-family residence units upon the approval of the location and site plan thereof by the zoning commission as being appropriate with regard to transportation and access, water supply, waste disposal, fire and police protection, and other public facilities, as not causing undue traffic congestion or creating a traffic hazard, and as being in harmony with the orderly and appropriate development of the district in which the use is located:
Bed and breakfast lodging.
Fire station.
Golf course, but not including commercial miniature course or commercial driving range; need not be enclosed within a structure.
Library (public).
Manufactured home; must be in full compliance with criteria specified in section 66-515.
Modular home; must be in full compliance with criteria specified in section 66-515.
Pipeline or electric transmission line; need not be enclosed within a structure.
Railroad right-of-way, but not including shops, yards and team tracks; need not be enclosed within a structure.
Water or sewage pumping station.
Water storage; need not be enclosed within a structure.
(d)
Special exception uses. The uses listed as follows for one-family residence districts are declared to possess such characteristics of unique or special form that each specific use shall be considered an individual case and shall be subject to approval of the board of adjustment in accordance with the provisions of article II of this chapter governing special exceptions:
Art gallery or museum.
Cemetery; need not be enclosed within structure.
Church, including parish house, community house and educational buildings.
Correctional, detention or penal institution.
Dwelling, secondary residential, whether it is a mobile home, garage apartment or granny flat, each secondary residential dwelling building site should have adequate square footage to permit each dwelling to meet the required setbacks, and at least 2,500 square feet per unit gross land area, plus direct access to both dwelling units from a public right-of-way. Service by municipal water and sewer lines will be an important consideration. No more than one secondary residential structure will be allowed on any lot. Neighborhood compatibility shall be the principal impact consideration.
Electric substation; need not be enclosed within a structure, but must be enclosed within a wall at least ten feet high and adequate to obstruct view, noise and passage of persons.
Heliport.
Home occupation.
Hospital or sanitarium.
Livestock and poultry raising; need not be enclosed within a structure.
Nursery, day care or kindergarten.
School, elementary and/or secondary, meeting all requirements of the compulsory education laws of the state.
Single-family personal care home.
Telephone exchange; but not including administrative offices, shops or garages.
Trailer, mobile home, when used as a dwelling unit on a building site, not to include trailer court or mobile home park.
University or college (nonprofit).
(Ord. No. 1-1992, §§ 11(51-237)—(51-240), 3-10-1992; Ord. No. 18-2002, 7-9-2002)
(a)
General requirements. Except as provided in article IX of this chapter, the minimum building site area for each one-family residence district classification shall be:
(1)
For a one-family dwelling:
In R-1A districts ..... 25,000 square feet
In R-1B districts ..... 12,000 square feet
In R-1C districts ..... 9,000 square feet
In R-1D districts ..... 7,200 square feet
In R-1H districts ..... 5,000 square feet
(2)
For any other permitted use:
For R-1A through R-1H districts ..... 10,000 square feet
(b)
Resubdivision (R-1D district only).
(1)
In substantially developed neighborhoods which contain building sites in excess of the minimum standards for R-1D districts, resubdivision so as to create smaller building sites constitute a change in the character of such neighborhoods.
(2)
Where a subdivided lot of record exceeds the minimum building site area, resubdivision of that lot shall be permitted only when each proposed resubdivided lot is not less than the average of surrounding contiguous residential building sites, in the same subdivision filing, including the existing open spaces, yards, and off-street parking facilities in conjunction therewith. Contiguous sites shall include those directly across any residential service streets. Waiver of this restriction may be granted by the zoning commission through the subdivision process only upon a specific finding of good cause therefor, provided such relief may be granted only if there will not be substantial detriment to the public good or substantial impairment to the intent and purpose of this chapter, and further provided that economic hardship alone shall not constitute good cause.
(Ord. No. 1-1992, § 11(51-241), 3-10-1992)
Except as provided in article IX of this chapter, no structure in any urban or suburban one-family residence district shall be erected or altered to exceed 35 feet.
(Ord. No. 1-1992, § 11(51-242), 3-10-1992)
Except as provided in article IX of this chapter, the minimum dimensions of yards for each one-family residence district classification shall be:
(1)
Front yard:
(2)
Side yards: ten feet.
(3)
Rear yard:
For R-1A through R-1H districts: 15 feet
(Ord. No. 1-1992, §§ 6, 11(51-243), 3-10-1992)
The one-family townhouse residence districts are composed mainly of one-family dwellings and one-family townhouse dwellings with open space which is appropriate to similar residential dwellings that are found in these areas. The district regulations are designed to protect the residential character of the areas by prohibiting all commercial activities; by encouraging a suitable neighborhood environment for family life, including among the permitted uses such facilities as schools and churches; and by preserving openness according to certain minimum yard, building height, site area and open space area requirements.
(Ord. No. 1-1992, § 11(51-256), 3-10-1992)
(a)
Generally. In R-1(TH) and R-2(TH) districts only the uses listed in this division are permitted, except as provided in article X of this chapter.
(b)
Uses by right. The uses listed as follows are permitted in one-family townhouse residence districts, subject to the conditions specified:
All uses by right permitted in the R-1A through R-1H districts.
Dwelling, one-family townhouse.
(c)
Uses requiring zoning commission approval. The uses listed as follows are permitted in one-family townhouse residence districts upon approval of the location and site plan thereof by the zoning commission as being appropriate with regard to transportation and access, water supply, waste disposal, fire and police protection, and other public facilities, as not causing undue traffic congestion or creating a traffic hazard, and as being in harmony with the orderly and appropriate development of the district in which the use is located:
All uses requiring zoning commission approval in the R-1A through R-1H districts.
(d)
Uses requiring public hearing by the zoning commission (R-2TH only). The uses listed as follows are subject to the same requirements as uses requiring zoning commission approval and, in addition, are permitted in R-2TH districts upon the approval of the zoning commission after a public hearing is held and interested parties notified using the same procedures as for a rezoning hearing as provided for in division 2 of article II of this chapter. If the proposed development is included in a residential planned unit development or plans have been considered during a rezoning hearing, an additional public hearing to meet the requirements of this section will not be required. To meet the requirements of this section, applicants must submit for review during the public hearing, development plans as required in section 66-687(2). Appeal of the zoning commission decision for these reviews will be the same as provided for in section 66-58:
Dwelling, one-family townhouse, 2,000 square feet minimum building site area and 40 percent minimum open space area, including walks, terraces and recreation facilities, but excluding parking lot, maneuvering spaces and building cover (except as provided in articles IX and X of this chapter).
(e)
Special exception uses. The uses listed as follows for one-family townhouse residence districts are subject to the same approval of location and site plan as uses requiring zoning commission approval. In addition, these uses are declared to possess such characteristics of unique or special form that each specific use shall be considered an individual case and shall be subject to approval of the board of adjustment in accordance with the provisions of article II of this chapter governing special exceptions:
All special exception uses permitted in R-1D/R-1H districts, except trailer and mobile home.
(Ord. No. 1-1992, § 11(51-257)—(51-261), 3-10-1992)
Except as provided in articles IX and X of this chapter, the minimum building site area for each one-family townhouse residence district classification shall be as follows:
(1)
For a one-family dwelling:
(2)
For a one-family townhouse dwelling:
(3)
For any other permitted use:
(Ord. No. 1-1992, § 11(51-262), 3-10-1992)
Except as provided in articles IX and X of this chapter, the minimum open space area, including walks, terraces, and recreation facilities, but excluding parking lot, maneuvering space, and building cover in the one-family townhouse residence districts, shall be 52 percent of the total site area in R-1(TH) districts and 45 percent of the total site area in R-2(TH) districts.
(Ord. No. 1-1992, § 11(51-263), 3-10-1992)
Except as provided in article IX of this chapter, no structure in any urban or suburban, one-family townhouse residence district shall be erected to exceed 35 feet.
(Ord. No. 1-1992, § 11(51-264), 3-10-1992)
Except as provided in articles IX and X of this chapter, the minimum setbacks of buildings in any urban or suburban, one-family townhouse residence district shall be as follows:
(Ord. No. 1-1992, §§ 6, 11(51-265), 3-10-1992)
For cluster or other innovative site developments and mixed residential developments of three or more acres or for residential developments of 20 or more acres with limited commercial activities, see article X of this chapter, policies and conditions to be met for residential planned unit development.
(Ord. No. 1-1992, § 11(51-266), 3-10-1992)
Both R-2 and R-3 districts provide for a mixture of one-family, two-family, townhouse and multifamily or apartment dwellings, either through conversion of large houses or new construction. The R-2 district has height and density standards compatible with suburban new construction locations while R-3 districts have height and density standards more characteristic of inner-town new construction. The district regulations are designed to protect the residential character of the areas by prohibiting commercial activities; to encourage a suitable neighborhood environment for family life by including among the permitted uses such facilities as schools and churches; and to prevent crowding of the land by requiring certain minimum yard and area standards to be met.
(Ord. No. 1-1992, § 11(51-276), 3-10-1992)
(a)
Generally. In R-2 and R-3 districts only the uses listed in this division are permitted.
(b)
Uses by right. The uses listed as follows are permitted in multifamily residence districts, subject to the conditions specified:
All uses by right permitted in R-1A through R-1H districts.
Dwelling, one-family townhouse.
Dwelling, two-family.
Dwelling, multifamily.
(c)
Uses requiring zoning commission approval. The uses listed as follows are permitted in multifamily residence districts upon approval of the location and site plan thereof by the zoning commission as being appropriate with regard to transportation and access, water supply, waste disposal, fire and police protection, and other public facilities, as not causing undue traffic congestion or creating a traffic hazard, and as being in harmony with the orderly and appropriate development of the district in which the use is located:
All uses requiring zoning commission approval in R-1A through R-1H districts.
Convalescent homes, nursing homes, including retirement homes, and other group living quarters for the elderly.
(d)
Special exception uses. The uses listed as follows for multifamily residence districts are subject to the same approval of location and site plan as uses requiring zoning commission approval. In addition, these uses are declared to possess such characteristics of unique or special form that each specific use shall be considered an individual case and shall be subject to approval of the board of adjustment in accordance with the provisions of article II of this chapter governing special exceptions:
All special exception uses permitted in R-1A through R-1H districts.
Community home.
(Ord. No. 1-1992, §§ 9(A), 11(51-277)—(51-280), 3-10-1992)
Except as provided in article IX of this chapter, the minimum building site area for each district classification shall be:
(Ord. No. 1-1992, § 11(51-281), 3-10-1992)
Except as provided in article IX of this chapter, no structure shall be erected or altered to exceed 35 feet in an R-2 district or 45 feet in an R-3 district; and provided further that, if a multifamily building site is adjacent to a single-family dwelling site that no windows, doors nor balconies shall be allowed above the first story of the facades facing such building sites, without zoning commission approval.
(Ord. No. 1-1992, § 11(51-282), 3-10-1992)
Except as provided in article IX of this chapter, the minimum dimensions of yards for each in multifamily residence district classification shall be:
(1)
Front yard for R-2 and R-3 districts: 30 feet.
(2)
Side yards: ten feet.
(3)
Rear yard for R-2 and R-3 districts: 15 feet.
(Ord. No. 1-1992, §§ 6, 11(51-283), 3-10-1992)
The R-MHP residence-mobile home park districts are composed mainly of areas containing mobile home sites arranged on a large tract, usually under single ownership and designed to accommodate mobile homes for more or less permanent duration along with other uses compatible to such parks which provide related services. Such areas shall be well suited for residential purposes, with commercial and office uses to be prohibited, to encourage a suitable living environment for family life by including among the permitted uses such facilities as schools and churches, and to preserve the openness of the areas by requiring certain minimum yard and area standards to be met.
(Ord. No. 1-1992, § 11(51-416), 3-10-1992)
(a)
Generally. In the R-MHP districts only the uses listed in this division are permitted.
(b)
Uses by right. The uses listed as follows are permitted in the R-MHP districts subject to the conditions specified:
Accessory use.
Mobile home.
Travel trailer.
Nameplate, not exceeding one square foot in area; need not be enclosed within a structure.
Park or playground (public), including recreation center; need not be enclosed within a structure.
(c)
Uses requiring zoning commission approval. The uses listed as follows are permitted in the R-MHP district upon approval of the location and site plan thereof by the zoning commission as being appropriate with regard to transportation and access, water supply, waste disposal, fire and police protection, and other public facilities, as not causing undue traffic congestion or creating a traffic hazard, and as being in harmony with the orderly and appropriate development of the district in which the use is located:
Fire station.
Golf course, but not including commercial miniature course or commercial driving range, need not be enclosed within a structure.
Library (public).
Pipeline or electric transmission line, need not be enclosed within a structure.
Railroad right-of-way, but not including shops, yards and team tracks, need not be enclosed within a structure.
Water or sewage pumping station.
Water storage; need not be enclosed within a structure.
(d)
Special exception uses. The uses listed as follows are permitted in the R-MHP district but are hereby declared to possess such characteristics of unique or special form that each specific use shall be considered an individual case and shall be subject to approval of the board of adjustment in accordance with the provisions of article II of this chapter governing special exceptions:
Art gallery or museum.
Church, including parish house, community house and educational buildings.
Electric substation; need not be enclosed within a structure, but must be enclosed within a wall at least ten feet high and adequate to obstruct view, noise and passage of persons.
Heliport.
Nursery, day care or kindergarten.
School, elementary and/or secondary, meeting all requirements of the compulsory education laws of the state.
Telephone exchange, but not including administrative offices, shops or garages.
(Ord. No. 1-1992, § 11(51-417)—(51-420), 3-10-1992)
All new mobile home parks located within the municipal limits of the town shall be required to construct and maintain tornado shelters sufficient to accommodate an aggregate number of people equal to two persons per trailer space, and such shelter shall be accessible from all sides.
(Ord. No. 1-1992, § 5, 3-10-1992)
Except as provided in article IX of this chapter, the minimum building site area for the R-MHP district shall be:
(1)
For a mobile home park, ten acres; except that a mobile home park may be approved for less than ten acres, provided that a minimum 5,000 square feet building site shall be required for each mobile home unit for mobile home parks of less than ten acres. No mobile home park shall be permitted on sites of less than three acres. For mobile home parks on sites of ten acres or more, a maximum density of nine units per acre will be permitted.
(2)
For all other permitted uses, 10,000 square feet.
(Ord. No. 1-1992, § 11(51-421), 3-10-1992)
Except as provided in article IX of this chapter, no structure in the R-MHP district shall be erected or altered to exceed 35 feet.
(Ord. No. 1-1992, § 11(51-422), 3-10-1992)
Except as provided in article IX of this chapter, the minimum dimensions of yards in the R-MHP district shall be:
(1)
For the mobile home external boundaries:
a.
Front yard, 30 feet.
b.
Side yard, ten feet.
c.
Rear yard, 25 feet.
(2)
For each mobile home unit or accessory structure:
a.
Front yard, from dedicated internal street, 20 feet; from private driveway designed or used for access, ten feet.
b.
Side yard, ten feet.
c.
Rear yard, ten feet if either unit contains rear door and five feet if neither unit contains a rear door; in each the total distance of 20 feet or ten feet may be applied.
(3)
For all other uses:
a.
Front yard, 30 feet.
b.
Side yard, ten feet.
c.
Rear yard, 25 feet.
(Ord. No. 1-1992, §§ 6, 11(51-423), 3-10-1992)
The following special conditions shall apply in the R-MHP district:
(1)
Sanitation, fire protection and utility services shall be provided to each building site in accordance with town and state health departments and state requirements.
(2)
A plan of ingress and egress to the property shall be approved by the zoning commission and mayor or designees.
(3)
There shall be provided on the park property; street and/or drive surfacing, drainage, utility and other easements as required by the mayor or designees to comply with this chapter.
(4)
There shall be constructed and properly maintained, proper screening fencing (minimum chainlink with slats, redwood or cedar) not less than five feet in height on all sides of the park not directly abutting a dedicated public street where the mobile home park abuts any other residentially zoned district.
(5)
All entrance or collector streets with guest parking shall be at least 36 feet. All entrance or collector streets with no parking permitted shall be at least 24 feet. All other streets shall be:
a.
With parking on one side at least 28 feet.
b.
With no parking permitted at least 20 feet.
(6)
Every mobile home approved for a mobile home park under provisions of this division shall be equipped with adequate foundations and tie-downs, intended to secure such units against movement, settling and overturning for the protection of life and property and no certificate of occupancy shall be issued for any mobile home unit until tie-down requirements have been met. Since the town is located within the inland area of the established storm or windload region, either the frame or over the roof, or both methods, shall be a mandatory requirement to be installed as provided in the following:
a.
All mobile home stands shall be provided with tie-downs as follows:
b.
Ground anchor:
1.
Anchors shall be bolted in concrete, screw auger or anchor driven, or any other type manufactured and approved for use.
2.
All anchors shall be galvanized, high tensile steel, not less than five-eighths-inch diameter, with a drop forged closed eye or any other approved method of anchorage. All anchors shall be not less than four feet in length installed to full depth, according to manufacturer's recommendation, with only the eye protruding above grade for connecting the tie-down system.
3.
Connections to the mobile home I-beam frame shall be a five-eighths-inch or larger drop forged closed eye bolted through a hole drilled through the frame or by any other approved and adequate wrap-a-round, hook or clamp method.
4.
Not less than five-eighths-inch drop forged turnbuckles with closed eyes and screw pins shall be attached to the frame above, and ground anchor below and securely tightened in place. Steel straps or cables may be used in lieu of turnbuckles if they are of equal or greater strength and are securely tightened in place with a tensioning tool and clamped.
c.
When concrete slabs, runners or strips are provided, tie-downs may be set in the concrete slab, strips or runner, provided that such strips or runners are a minimum of four inches in thickness and reinforced with not less than 28-gauge wire mesh. Such strips or runners shall be a minimum of 30 inches wide, and not less than the length of the mobile home unit if tie-downs are to be set in the concrete slab.
(Ord. No. 1-1992, § 11(51-424), 3-10-1992)
The R-MHS district recognizes the need for mobile home subdivision within the area. This R-MHS district provides for mobile home ownership of structure and lot for those mobile homes approved by the Department of Housing and Urban Development. The R-MHS district would allow a mixture of mobile homes, modular homes and conventional single-family houses. The district regulations are designed to protect the residential character of the areas by prohibiting all commercial activities unless part of a planned unit development; to encourage a suitable neighborhood environment for family life by including among the permitted uses such facilities as schools and churches; and to preserve the openness of the areas by requiring certain minimum yard and area standards to be met.
(Ord. No. 1-1992, § 11(51-441), 3-10-1992)
Cross reference— Subdivisions, app. A.
(a)
Generally. In the R-MHS districts only the uses listed in this division are permitted.
(b)
Uses by right. The uses listed as follows are permitted in the R-MHS district, subject to the conditions specified:
All uses by right permitted in R-1 districts.
Dwelling, mobile home if approved by the United States Department of Housing and Urban Development.
(c)
Uses requiring zoning commission approval. The uses listed as follows are permitted in the R-MHS district upon approval of the location and site plan thereof by the zoning commission as being appropriate with regard to transportation and access, water supply, waste disposal, fire and police protection, and other public facilities, as not causing undue traffic congestion or creating a traffic hazard, and as being in harmony with the orderly and appropriate development of the district in which the use is located:
All uses requiring zoning commission approval in R-1 districts.
(d)
Special exception uses. The uses listed for the R-MHS district as follows are subject to the same approval of location and site plan as uses requiring zoning commission approval. In addition, these uses are declared to possess such characteristics of unique or special form that each specific use shall be considered an individual case and shall be subject to approval of the board of adjustment in accordance with the provisions of article II of this chapter governing special exceptions:
All special exception uses permitted in R-1 districts.
(Ord. No. 1-1992, § 11(51-442)—(51-445), 3-10-1992)
Except as provided as follows and in article IX of this chapter, the minimum building site area for the R-MHS district shall be:
For a one-family dwelling ..... 6,000 square feet
For any other permitted uses ..... 10,000 square feet
(Ord. No. 1-1992, § 11(51-446), 3-10-1992)
Except as provided in article IX of this chapter, no structure shall be erected or altered in the R-MHS district to exceed 35 feet.
(Ord. No. 1-1992, § 11(51-447), 3-10-1992)
Except as provided in article IX as follows, the minimum dimensions of yards in the R-MHS district shall be:
Front yard: 30 feet.
Side yard: Ten feet.
Rear yard: 15 feet.
(Ord. No. 1-1992, §§ 6, 11(51-448), 3-10-1992)
Each mobile home subdivision shall have a centrally located common storage area for boats, campers and recreational equipment. Common recreation areas and property owners associations are encouraged and will be discussed with the applicant.
(Ord. No. 1-1992, § 11(51-449), 3-10-1992)
- RESIDENTIAL DISTRICTS
Unless otherwise provided by a subdivision of lands approved by the zoning commission, the minimum building site for a single-family dwelling shall be one acre.
(Ord. No. 1-1992, § 8(A), 3-10-1992)
No residents situated in a residential district may keep more than four pets in any yard.
(Ord. No. 1-1992, § 8(B), 3-10-1992)
The R-A residence/agriculture districts are composed mainly of unsubdivided lands that are vacant or in agriculture or forestry uses, with some dwellings and some accessory uses. The regulations are designed to protect the essentially open character of the districts by prohibiting the establishment of scattered business, industrial and other uses that are unrelated to any general plan of development and that might inhibit the best future urban utilization of the land. It is intended that land in these districts shall be reclassified to its appropriate residential or commercial category in accordance with the amendment procedure set forth in this article whenever such land is subdivided into urban building sites.
(Ord. No. 1-1992, § 11(51-216), 3-10-1992)
(a)
Generally. In R-A districts only the uses listed in this division are permitted.
(b)
Uses by right. In R-A districts, the uses listed as follows are permitted subject to the conditions specified:
Accessory use.
Dwelling, one-family, intended for use by the owner, members of his family and employees.
Extraction of oil, gas or other natural mineral deposit 5,000 feet or more from Cross Lake; need not be enclosed within a structure.
Farming and truck gardening; need not be enclosed within a structure (no on-premises sales of items not produced at the site).
Golf course, but not including commercial miniature course or commercial driving range; need not be enclosed within a structure.
Home occupation; must be in full compliance with criteria specified in section 66-513.
Livestock and poultry raising, including dairy; need not be enclosed within a structure.
Nameplate; need not be enclosed within a structure.
Outdoor general advertising structure; need not be enclosed within a structure.
Playground or park (public), including recreation center; need not be enclosed within a structure.
Single-family personal care home; must be in full compliance with criteria specified in section 66-514.
(c)
Uses requiring zoning commission approval. The uses listed as follows are permitted in the R-A district upon approval of the location and site plan thereof by the zoning commission as being appropriate with regard to transportation and access, water supply, waste disposal, fire and police protection and other public facilities, as not causing undue traffic congestion or creating a traffic hazard and as being in harmony with the orderly and appropriate development of the district in which the use is located:
Bed and breakfast lodging.
Fire station.
Pipeline or electrical transmission line; need not be enclosed within a structure.
Railroad right-of-way, but not including shops, yards and team tracks; need not be enclosed within a structure.
Revival, church.
School, elementary and/or secondary, meeting all requirements of the compulsory education laws of the state.
University or college (nonprofit).
Water storage; need not be enclosed within a structure.
Water or sewage pumping station.
(d)
Special exception uses. The uses listed as follows are permitted in the R-A districts, but are hereby declared to possess such characteristics of unique or special form that each specific use shall be considered an individual case and shall be subject to approval of the board of adjustment in accordance with the provisions of article VII of this chapter governing special exceptions:
Airport; need not be enclosed within a structure.
Airport and dusting service; need not be enclosed within a structure.
Cemetery; need not be enclosed within a structure.
Church, including parish house, community house and educational buildings.
Correctional, detention or penal institution.
Dwelling, secondary residential; whether it be a mobile home, garage apartment or granny flat, each secondary residential dwelling building site should have adequate square footage to permit each dwelling to meet the required setbacks, and at least 2,500 square feet per unit gross land area, plus direct access to both dwelling units from a public right-of-way. Service by municipal water and sewer lines will be an important consideration. No more than one secondary residential structure will be allowed on any lot. Neighborhood compatibility shall be the principal impact consideration.
Electric substation; need not be enclosed within a structure, but must be enclosed within a wall at least ten feet high and adequate to obstruct view, noise and passage of persons.
Golf driving range and miniature golf course; need not be enclosed within a structure.
Heliport.
Home occupation.
Kennels, boarding; not including animal hospital or veterinary clinic.
Race track, including dragstrip, go-cart track, motorcycle or similar facility for motorized racing; need not be enclosed within a structure.
Radio and television broadcasting transmitter, but not including studio.
Riding academy and/or rodeo; need not be enclosed within a structure.
Single-family personal care home.
Telephone exchange; but not including administrative office, shops or garages.
Trailer, mobile home, when used as a dwelling unit; not including trailer court or mobile home park, when located on a building site of one acre or less in area.
(Ord. No. 1-1992, § 11(51-217)—(51-220), 3-10-1992)
Except as provided in article IX of this chapter, the minimum building site area in the R-A district shall be:
(1)
For a one-family dwelling in the Cross Lake watershed, one acre.
(2)
For a one-family dwelling elsewhere in the town, 25,000 square feet.
(3)
For any other permitted use, 10,000 square feet.
(Ord. No. 1-1992, § 11(51-221), 3-10-1992)
Except as provided in article IX of this chapter, no structure in the R-A district shall be erected or altered to exceed 35 feet.
(Ord. No. 1-1992, § 11(51-222), 3-10-1992)
Except as provided in article IX of this chapter, the minimum dimensions of yards in the R-A district shall be:
(1)
Front yard, 30 feet.
(2)
Side yard: ten feet.
(3)
Rear yard, 25 feet.
(Ord. No. 1-1992, §§ 6, 11(51-223), 3-10-1992)
These R-1A, R-1B, R-1C, R-1D and R-1H districts are composed mainly of areas containing one-family dwellings on large building sites and open areas where similar suburban residential development seems likely to occur. In the urban, one-family detached residence districts, few two-family and multifamily dwellings are found, in spite of their more urban location. The district regulations are designed to protect the residential character of the areas by prohibiting all commercial activities; to encourage a suitable environment for family life by including among the permitted uses such facilities as schools and churches; and to preserve the openness of areas by requiring certain minimum yard and area standards to be met.
(Ord. No. 1-1992, § 11(51-236), 3-10-1992)
(a)
Generally. In the urban and suburban, one-family residence districts only the uses listed in this division are permitted.
(b)
Uses by right. The uses listed as follows are permitted in one-family residence districts, subject to the conditions specified:
Accessory use.
Dwelling, one-family.
Farming and truck gardening; need not be enclosed within a structure (no on-premises sales of items not produced at the site).
Home occupation; must be in full compliance with criteria specified in section 66-513.
Nameplate, not exceeding one square foot in area; need not be enclosed within a structure.
Park or playground (public), including recreation center; need not be enclosed within a structure.
Single-family personal care home; must be in full compliance with criteria specified in section 66-514.
(c)
Uses requiring zoning commission approval. The following uses listed in this subsection are permitted in one-family residence units upon the approval of the location and site plan thereof by the zoning commission as being appropriate with regard to transportation and access, water supply, waste disposal, fire and police protection, and other public facilities, as not causing undue traffic congestion or creating a traffic hazard, and as being in harmony with the orderly and appropriate development of the district in which the use is located:
Bed and breakfast lodging.
Fire station.
Golf course, but not including commercial miniature course or commercial driving range; need not be enclosed within a structure.
Library (public).
Manufactured home; must be in full compliance with criteria specified in section 66-515.
Modular home; must be in full compliance with criteria specified in section 66-515.
Pipeline or electric transmission line; need not be enclosed within a structure.
Railroad right-of-way, but not including shops, yards and team tracks; need not be enclosed within a structure.
Water or sewage pumping station.
Water storage; need not be enclosed within a structure.
(d)
Special exception uses. The uses listed as follows for one-family residence districts are declared to possess such characteristics of unique or special form that each specific use shall be considered an individual case and shall be subject to approval of the board of adjustment in accordance with the provisions of article II of this chapter governing special exceptions:
Art gallery or museum.
Cemetery; need not be enclosed within structure.
Church, including parish house, community house and educational buildings.
Correctional, detention or penal institution.
Dwelling, secondary residential, whether it is a mobile home, garage apartment or granny flat, each secondary residential dwelling building site should have adequate square footage to permit each dwelling to meet the required setbacks, and at least 2,500 square feet per unit gross land area, plus direct access to both dwelling units from a public right-of-way. Service by municipal water and sewer lines will be an important consideration. No more than one secondary residential structure will be allowed on any lot. Neighborhood compatibility shall be the principal impact consideration.
Electric substation; need not be enclosed within a structure, but must be enclosed within a wall at least ten feet high and adequate to obstruct view, noise and passage of persons.
Heliport.
Home occupation.
Hospital or sanitarium.
Livestock and poultry raising; need not be enclosed within a structure.
Nursery, day care or kindergarten.
School, elementary and/or secondary, meeting all requirements of the compulsory education laws of the state.
Single-family personal care home.
Telephone exchange; but not including administrative offices, shops or garages.
Trailer, mobile home, when used as a dwelling unit on a building site, not to include trailer court or mobile home park.
University or college (nonprofit).
(Ord. No. 1-1992, §§ 11(51-237)—(51-240), 3-10-1992; Ord. No. 18-2002, 7-9-2002)
(a)
General requirements. Except as provided in article IX of this chapter, the minimum building site area for each one-family residence district classification shall be:
(1)
For a one-family dwelling:
In R-1A districts ..... 25,000 square feet
In R-1B districts ..... 12,000 square feet
In R-1C districts ..... 9,000 square feet
In R-1D districts ..... 7,200 square feet
In R-1H districts ..... 5,000 square feet
(2)
For any other permitted use:
For R-1A through R-1H districts ..... 10,000 square feet
(b)
Resubdivision (R-1D district only).
(1)
In substantially developed neighborhoods which contain building sites in excess of the minimum standards for R-1D districts, resubdivision so as to create smaller building sites constitute a change in the character of such neighborhoods.
(2)
Where a subdivided lot of record exceeds the minimum building site area, resubdivision of that lot shall be permitted only when each proposed resubdivided lot is not less than the average of surrounding contiguous residential building sites, in the same subdivision filing, including the existing open spaces, yards, and off-street parking facilities in conjunction therewith. Contiguous sites shall include those directly across any residential service streets. Waiver of this restriction may be granted by the zoning commission through the subdivision process only upon a specific finding of good cause therefor, provided such relief may be granted only if there will not be substantial detriment to the public good or substantial impairment to the intent and purpose of this chapter, and further provided that economic hardship alone shall not constitute good cause.
(Ord. No. 1-1992, § 11(51-241), 3-10-1992)
Except as provided in article IX of this chapter, no structure in any urban or suburban one-family residence district shall be erected or altered to exceed 35 feet.
(Ord. No. 1-1992, § 11(51-242), 3-10-1992)
Except as provided in article IX of this chapter, the minimum dimensions of yards for each one-family residence district classification shall be:
(1)
Front yard:
(2)
Side yards: ten feet.
(3)
Rear yard:
For R-1A through R-1H districts: 15 feet
(Ord. No. 1-1992, §§ 6, 11(51-243), 3-10-1992)
The one-family townhouse residence districts are composed mainly of one-family dwellings and one-family townhouse dwellings with open space which is appropriate to similar residential dwellings that are found in these areas. The district regulations are designed to protect the residential character of the areas by prohibiting all commercial activities; by encouraging a suitable neighborhood environment for family life, including among the permitted uses such facilities as schools and churches; and by preserving openness according to certain minimum yard, building height, site area and open space area requirements.
(Ord. No. 1-1992, § 11(51-256), 3-10-1992)
(a)
Generally. In R-1(TH) and R-2(TH) districts only the uses listed in this division are permitted, except as provided in article X of this chapter.
(b)
Uses by right. The uses listed as follows are permitted in one-family townhouse residence districts, subject to the conditions specified:
All uses by right permitted in the R-1A through R-1H districts.
Dwelling, one-family townhouse.
(c)
Uses requiring zoning commission approval. The uses listed as follows are permitted in one-family townhouse residence districts upon approval of the location and site plan thereof by the zoning commission as being appropriate with regard to transportation and access, water supply, waste disposal, fire and police protection, and other public facilities, as not causing undue traffic congestion or creating a traffic hazard, and as being in harmony with the orderly and appropriate development of the district in which the use is located:
All uses requiring zoning commission approval in the R-1A through R-1H districts.
(d)
Uses requiring public hearing by the zoning commission (R-2TH only). The uses listed as follows are subject to the same requirements as uses requiring zoning commission approval and, in addition, are permitted in R-2TH districts upon the approval of the zoning commission after a public hearing is held and interested parties notified using the same procedures as for a rezoning hearing as provided for in division 2 of article II of this chapter. If the proposed development is included in a residential planned unit development or plans have been considered during a rezoning hearing, an additional public hearing to meet the requirements of this section will not be required. To meet the requirements of this section, applicants must submit for review during the public hearing, development plans as required in section 66-687(2). Appeal of the zoning commission decision for these reviews will be the same as provided for in section 66-58:
Dwelling, one-family townhouse, 2,000 square feet minimum building site area and 40 percent minimum open space area, including walks, terraces and recreation facilities, but excluding parking lot, maneuvering spaces and building cover (except as provided in articles IX and X of this chapter).
(e)
Special exception uses. The uses listed as follows for one-family townhouse residence districts are subject to the same approval of location and site plan as uses requiring zoning commission approval. In addition, these uses are declared to possess such characteristics of unique or special form that each specific use shall be considered an individual case and shall be subject to approval of the board of adjustment in accordance with the provisions of article II of this chapter governing special exceptions:
All special exception uses permitted in R-1D/R-1H districts, except trailer and mobile home.
(Ord. No. 1-1992, § 11(51-257)—(51-261), 3-10-1992)
Except as provided in articles IX and X of this chapter, the minimum building site area for each one-family townhouse residence district classification shall be as follows:
(1)
For a one-family dwelling:
(2)
For a one-family townhouse dwelling:
(3)
For any other permitted use:
(Ord. No. 1-1992, § 11(51-262), 3-10-1992)
Except as provided in articles IX and X of this chapter, the minimum open space area, including walks, terraces, and recreation facilities, but excluding parking lot, maneuvering space, and building cover in the one-family townhouse residence districts, shall be 52 percent of the total site area in R-1(TH) districts and 45 percent of the total site area in R-2(TH) districts.
(Ord. No. 1-1992, § 11(51-263), 3-10-1992)
Except as provided in article IX of this chapter, no structure in any urban or suburban, one-family townhouse residence district shall be erected to exceed 35 feet.
(Ord. No. 1-1992, § 11(51-264), 3-10-1992)
Except as provided in articles IX and X of this chapter, the minimum setbacks of buildings in any urban or suburban, one-family townhouse residence district shall be as follows:
(Ord. No. 1-1992, §§ 6, 11(51-265), 3-10-1992)
For cluster or other innovative site developments and mixed residential developments of three or more acres or for residential developments of 20 or more acres with limited commercial activities, see article X of this chapter, policies and conditions to be met for residential planned unit development.
(Ord. No. 1-1992, § 11(51-266), 3-10-1992)
Both R-2 and R-3 districts provide for a mixture of one-family, two-family, townhouse and multifamily or apartment dwellings, either through conversion of large houses or new construction. The R-2 district has height and density standards compatible with suburban new construction locations while R-3 districts have height and density standards more characteristic of inner-town new construction. The district regulations are designed to protect the residential character of the areas by prohibiting commercial activities; to encourage a suitable neighborhood environment for family life by including among the permitted uses such facilities as schools and churches; and to prevent crowding of the land by requiring certain minimum yard and area standards to be met.
(Ord. No. 1-1992, § 11(51-276), 3-10-1992)
(a)
Generally. In R-2 and R-3 districts only the uses listed in this division are permitted.
(b)
Uses by right. The uses listed as follows are permitted in multifamily residence districts, subject to the conditions specified:
All uses by right permitted in R-1A through R-1H districts.
Dwelling, one-family townhouse.
Dwelling, two-family.
Dwelling, multifamily.
(c)
Uses requiring zoning commission approval. The uses listed as follows are permitted in multifamily residence districts upon approval of the location and site plan thereof by the zoning commission as being appropriate with regard to transportation and access, water supply, waste disposal, fire and police protection, and other public facilities, as not causing undue traffic congestion or creating a traffic hazard, and as being in harmony with the orderly and appropriate development of the district in which the use is located:
All uses requiring zoning commission approval in R-1A through R-1H districts.
Convalescent homes, nursing homes, including retirement homes, and other group living quarters for the elderly.
(d)
Special exception uses. The uses listed as follows for multifamily residence districts are subject to the same approval of location and site plan as uses requiring zoning commission approval. In addition, these uses are declared to possess such characteristics of unique or special form that each specific use shall be considered an individual case and shall be subject to approval of the board of adjustment in accordance with the provisions of article II of this chapter governing special exceptions:
All special exception uses permitted in R-1A through R-1H districts.
Community home.
(Ord. No. 1-1992, §§ 9(A), 11(51-277)—(51-280), 3-10-1992)
Except as provided in article IX of this chapter, the minimum building site area for each district classification shall be:
(Ord. No. 1-1992, § 11(51-281), 3-10-1992)
Except as provided in article IX of this chapter, no structure shall be erected or altered to exceed 35 feet in an R-2 district or 45 feet in an R-3 district; and provided further that, if a multifamily building site is adjacent to a single-family dwelling site that no windows, doors nor balconies shall be allowed above the first story of the facades facing such building sites, without zoning commission approval.
(Ord. No. 1-1992, § 11(51-282), 3-10-1992)
Except as provided in article IX of this chapter, the minimum dimensions of yards for each in multifamily residence district classification shall be:
(1)
Front yard for R-2 and R-3 districts: 30 feet.
(2)
Side yards: ten feet.
(3)
Rear yard for R-2 and R-3 districts: 15 feet.
(Ord. No. 1-1992, §§ 6, 11(51-283), 3-10-1992)
The R-MHP residence-mobile home park districts are composed mainly of areas containing mobile home sites arranged on a large tract, usually under single ownership and designed to accommodate mobile homes for more or less permanent duration along with other uses compatible to such parks which provide related services. Such areas shall be well suited for residential purposes, with commercial and office uses to be prohibited, to encourage a suitable living environment for family life by including among the permitted uses such facilities as schools and churches, and to preserve the openness of the areas by requiring certain minimum yard and area standards to be met.
(Ord. No. 1-1992, § 11(51-416), 3-10-1992)
(a)
Generally. In the R-MHP districts only the uses listed in this division are permitted.
(b)
Uses by right. The uses listed as follows are permitted in the R-MHP districts subject to the conditions specified:
Accessory use.
Mobile home.
Travel trailer.
Nameplate, not exceeding one square foot in area; need not be enclosed within a structure.
Park or playground (public), including recreation center; need not be enclosed within a structure.
(c)
Uses requiring zoning commission approval. The uses listed as follows are permitted in the R-MHP district upon approval of the location and site plan thereof by the zoning commission as being appropriate with regard to transportation and access, water supply, waste disposal, fire and police protection, and other public facilities, as not causing undue traffic congestion or creating a traffic hazard, and as being in harmony with the orderly and appropriate development of the district in which the use is located:
Fire station.
Golf course, but not including commercial miniature course or commercial driving range, need not be enclosed within a structure.
Library (public).
Pipeline or electric transmission line, need not be enclosed within a structure.
Railroad right-of-way, but not including shops, yards and team tracks, need not be enclosed within a structure.
Water or sewage pumping station.
Water storage; need not be enclosed within a structure.
(d)
Special exception uses. The uses listed as follows are permitted in the R-MHP district but are hereby declared to possess such characteristics of unique or special form that each specific use shall be considered an individual case and shall be subject to approval of the board of adjustment in accordance with the provisions of article II of this chapter governing special exceptions:
Art gallery or museum.
Church, including parish house, community house and educational buildings.
Electric substation; need not be enclosed within a structure, but must be enclosed within a wall at least ten feet high and adequate to obstruct view, noise and passage of persons.
Heliport.
Nursery, day care or kindergarten.
School, elementary and/or secondary, meeting all requirements of the compulsory education laws of the state.
Telephone exchange, but not including administrative offices, shops or garages.
(Ord. No. 1-1992, § 11(51-417)—(51-420), 3-10-1992)
All new mobile home parks located within the municipal limits of the town shall be required to construct and maintain tornado shelters sufficient to accommodate an aggregate number of people equal to two persons per trailer space, and such shelter shall be accessible from all sides.
(Ord. No. 1-1992, § 5, 3-10-1992)
Except as provided in article IX of this chapter, the minimum building site area for the R-MHP district shall be:
(1)
For a mobile home park, ten acres; except that a mobile home park may be approved for less than ten acres, provided that a minimum 5,000 square feet building site shall be required for each mobile home unit for mobile home parks of less than ten acres. No mobile home park shall be permitted on sites of less than three acres. For mobile home parks on sites of ten acres or more, a maximum density of nine units per acre will be permitted.
(2)
For all other permitted uses, 10,000 square feet.
(Ord. No. 1-1992, § 11(51-421), 3-10-1992)
Except as provided in article IX of this chapter, no structure in the R-MHP district shall be erected or altered to exceed 35 feet.
(Ord. No. 1-1992, § 11(51-422), 3-10-1992)
Except as provided in article IX of this chapter, the minimum dimensions of yards in the R-MHP district shall be:
(1)
For the mobile home external boundaries:
a.
Front yard, 30 feet.
b.
Side yard, ten feet.
c.
Rear yard, 25 feet.
(2)
For each mobile home unit or accessory structure:
a.
Front yard, from dedicated internal street, 20 feet; from private driveway designed or used for access, ten feet.
b.
Side yard, ten feet.
c.
Rear yard, ten feet if either unit contains rear door and five feet if neither unit contains a rear door; in each the total distance of 20 feet or ten feet may be applied.
(3)
For all other uses:
a.
Front yard, 30 feet.
b.
Side yard, ten feet.
c.
Rear yard, 25 feet.
(Ord. No. 1-1992, §§ 6, 11(51-423), 3-10-1992)
The following special conditions shall apply in the R-MHP district:
(1)
Sanitation, fire protection and utility services shall be provided to each building site in accordance with town and state health departments and state requirements.
(2)
A plan of ingress and egress to the property shall be approved by the zoning commission and mayor or designees.
(3)
There shall be provided on the park property; street and/or drive surfacing, drainage, utility and other easements as required by the mayor or designees to comply with this chapter.
(4)
There shall be constructed and properly maintained, proper screening fencing (minimum chainlink with slats, redwood or cedar) not less than five feet in height on all sides of the park not directly abutting a dedicated public street where the mobile home park abuts any other residentially zoned district.
(5)
All entrance or collector streets with guest parking shall be at least 36 feet. All entrance or collector streets with no parking permitted shall be at least 24 feet. All other streets shall be:
a.
With parking on one side at least 28 feet.
b.
With no parking permitted at least 20 feet.
(6)
Every mobile home approved for a mobile home park under provisions of this division shall be equipped with adequate foundations and tie-downs, intended to secure such units against movement, settling and overturning for the protection of life and property and no certificate of occupancy shall be issued for any mobile home unit until tie-down requirements have been met. Since the town is located within the inland area of the established storm or windload region, either the frame or over the roof, or both methods, shall be a mandatory requirement to be installed as provided in the following:
a.
All mobile home stands shall be provided with tie-downs as follows:
b.
Ground anchor:
1.
Anchors shall be bolted in concrete, screw auger or anchor driven, or any other type manufactured and approved for use.
2.
All anchors shall be galvanized, high tensile steel, not less than five-eighths-inch diameter, with a drop forged closed eye or any other approved method of anchorage. All anchors shall be not less than four feet in length installed to full depth, according to manufacturer's recommendation, with only the eye protruding above grade for connecting the tie-down system.
3.
Connections to the mobile home I-beam frame shall be a five-eighths-inch or larger drop forged closed eye bolted through a hole drilled through the frame or by any other approved and adequate wrap-a-round, hook or clamp method.
4.
Not less than five-eighths-inch drop forged turnbuckles with closed eyes and screw pins shall be attached to the frame above, and ground anchor below and securely tightened in place. Steel straps or cables may be used in lieu of turnbuckles if they are of equal or greater strength and are securely tightened in place with a tensioning tool and clamped.
c.
When concrete slabs, runners or strips are provided, tie-downs may be set in the concrete slab, strips or runner, provided that such strips or runners are a minimum of four inches in thickness and reinforced with not less than 28-gauge wire mesh. Such strips or runners shall be a minimum of 30 inches wide, and not less than the length of the mobile home unit if tie-downs are to be set in the concrete slab.
(Ord. No. 1-1992, § 11(51-424), 3-10-1992)
The R-MHS district recognizes the need for mobile home subdivision within the area. This R-MHS district provides for mobile home ownership of structure and lot for those mobile homes approved by the Department of Housing and Urban Development. The R-MHS district would allow a mixture of mobile homes, modular homes and conventional single-family houses. The district regulations are designed to protect the residential character of the areas by prohibiting all commercial activities unless part of a planned unit development; to encourage a suitable neighborhood environment for family life by including among the permitted uses such facilities as schools and churches; and to preserve the openness of the areas by requiring certain minimum yard and area standards to be met.
(Ord. No. 1-1992, § 11(51-441), 3-10-1992)
Cross reference— Subdivisions, app. A.
(a)
Generally. In the R-MHS districts only the uses listed in this division are permitted.
(b)
Uses by right. The uses listed as follows are permitted in the R-MHS district, subject to the conditions specified:
All uses by right permitted in R-1 districts.
Dwelling, mobile home if approved by the United States Department of Housing and Urban Development.
(c)
Uses requiring zoning commission approval. The uses listed as follows are permitted in the R-MHS district upon approval of the location and site plan thereof by the zoning commission as being appropriate with regard to transportation and access, water supply, waste disposal, fire and police protection, and other public facilities, as not causing undue traffic congestion or creating a traffic hazard, and as being in harmony with the orderly and appropriate development of the district in which the use is located:
All uses requiring zoning commission approval in R-1 districts.
(d)
Special exception uses. The uses listed for the R-MHS district as follows are subject to the same approval of location and site plan as uses requiring zoning commission approval. In addition, these uses are declared to possess such characteristics of unique or special form that each specific use shall be considered an individual case and shall be subject to approval of the board of adjustment in accordance with the provisions of article II of this chapter governing special exceptions:
All special exception uses permitted in R-1 districts.
(Ord. No. 1-1992, § 11(51-442)—(51-445), 3-10-1992)
Except as provided as follows and in article IX of this chapter, the minimum building site area for the R-MHS district shall be:
For a one-family dwelling ..... 6,000 square feet
For any other permitted uses ..... 10,000 square feet
(Ord. No. 1-1992, § 11(51-446), 3-10-1992)
Except as provided in article IX of this chapter, no structure shall be erected or altered in the R-MHS district to exceed 35 feet.
(Ord. No. 1-1992, § 11(51-447), 3-10-1992)
Except as provided in article IX as follows, the minimum dimensions of yards in the R-MHS district shall be:
Front yard: 30 feet.
Side yard: Ten feet.
Rear yard: 15 feet.
(Ord. No. 1-1992, §§ 6, 11(51-448), 3-10-1992)
Each mobile home subdivision shall have a centrally located common storage area for boats, campers and recreational equipment. Common recreation areas and property owners associations are encouraged and will be discussed with the applicant.
(Ord. No. 1-1992, § 11(51-449), 3-10-1992)