The Residential District R-1 is composed of quiet, low density residential areas, plus undeveloped areas where similar residential construction appears likely to occur. The standards set forth for this district are designed to stabilize and protect the essential character of the areas so delineated, to promote and encourage a suitable environment for family life where there are children, and to prohibit all commercial activities except very limited home occupations as defined in section 28-1. Development is, therefore, limited to relatively low concentration and permitted uses are limited to single unit dwellings, plus selected additional uses such as schools, parks, churches, and certain public facilities that serve the residents of the district.

(Code 1967, § 4-5)

Only one building and its accessory buildings may be erected on any lot or parcel of land in Residential District R-1. Structures to be erected or land to be used shall be used as follows:

(1)

Authorized uses, no special use permit required.

a.

Single-family dwellings, including modular homes.

b.

Accessory buildings permitted as defined; however, garages or other accessory structures such as carports, porches and stoops attached to the main building, shall be considered part of the main building.

c.

Public utilities: Poles, lines, distribution transformers, pipes, meters, and other facilities necessary for the provision and maintenance of public utilities, including water and sewerage systems.

d.

Signs as follows:

1.

Real estate signs as set forth in section 28-504(5).

2.

Church bulletin boards and church identification signs as set forth in section 28-504(2).

3.

Temporary signs as set forth in section 28-504(5).

4.

Identification signs as set forth in section 28-504(2).

e.

Fences as set forth in sections 28-540 and 28-541.

f.

Home occupations as provided in article IX, division 7 of this chapter.

g.

Small solar energy facilities as provided in article IX, division 9 of this chapter.

h.

Keeping of chickens subject to the regulations set forth in section 28-62.

(2)

Permitted uses with special use permit. The following uses may be permitted only upon the issuance of a special use permit by the town council with such conditions as may be imposed by the council. The council shall have the right to reject such permit application.

a.

Schools, churches, parks, playgrounds, hospitals and cemeteries.

b.

Agricultural uses (excluding manufacturing uses such as packing plants and the keeping of chickens as regulated by section 28-62.)

(3)

Prohibited uses. The following uses are prohibited:

a.

Roominghouses.

b.

Class A, B and C manufactured home dwellings (mobile homes).

(4)

Off-street parking. Off-street parking shall be provided as required in section 28-475.

(5)

Travel trailers shall be stored within the minimum yard requirements and shall be prohibited from occupancy.

(6)

All uses in this district are subject to the provisions of article XIV of this chapter.

(Code 1967, § 4-6; Amd. of 5-6-1997; Amd. of 3-24-2021; Ord. of 12-6-2022(16), § 1)

For residential lots served by public water and sewage disposal, the minimum lot area shall be not less than 10,000 square feet.

(Code 1967, § 4-7)

For residential lots served by public water systems but having individual sewage disposal, the minimum lot area shall be not less than 15,000 square feet.

(Code 1967, § 4-8)

For residential lots served by individual water and sewage disposal systems, the minimum lot area shall not be less than 20,000 square feet.

(Code 1967, § 4-9)

For permitted uses utilizing individual sewage disposal systems, the required area for any such use shall be approved by the health official. The administrator may require a greater area if considered necessary by the health official.

(Code 1967, § 4-10)

For permitted uses, other than residential, utilizing individual sewage disposal systems, the required area for any such use shall be determined by the county health official and schools shall also conform to the requirements of the state board of education.

(Code 1967, § 4-11)

No building shall be located closer than 30 feet to any street right-of-way which is 50 feet or greater in width, or closer than 55 feet to the centerline of any highway right-of-way less than 50 feet in width. This shall be known as the setback line.

(Code 1967, § 4-12)

The minimum width of any lot at the setback line shall be not less than 100 feet.

(Code 1967, § 4-13)

(a)

Side. The minimum side yard shall be not less than 15 feet and the total width of the two required side yards shall be not less than 35 feet.

(b)

Rear. Each main building shall have a rear yard of not less than 30 feet.

(c)

Accessory buildings. No accessory building may be closer than five feet to any property line.

(Code 1967, § 4-14)

(a)

A public or semipublic building such as a school, church, or library may be erected to a height of 60 feet from grade, provided that required front, side, and rear yards shall be increased one foot for each foot in height over 35 feet.

(b)

All other buildings shall be erected to contain no more than 2 ½ stories and not to exceed 35 feet in height from grade.

(c)

Church spires, belfries, cupolas, municipal water towers, chimneys, flues, utility poles, transmission structures, flagpoles, television antennae and radio aerials are exempt. Parapet walls may be up to four feet above the height of the building on which the walls rest.

(d)

No accessory building which is within 20 feet of any party lot line shall be more than one story high. All accessory buildings shall be less than the main building in height.

(Code 1967, § 4-15)

(a)

Of the two sides of a corner lot, the front shall be deemed to be the shortest of the two sides fronting on streets, unless otherwise specified by the planning commission.

(b)

The side yard on the side facing the side street shall be 30 feet or more for both main and accessory buildings.

(c)

For subdivisions platted after the enactment of the ordinance from which this section is derived, each corner lot shall have a minimum width at the setback line of 100 feet.

(Code 1967, § 4-16)

(a)

It shall be lawful for any person to keep on premises owned and occupied by the person for such owner's personal use not more than 12 female chickens, such chickens to be kept not less than 30 feet from any dwelling other than the owner's dwelling and 20 feet from any property line. Such chickens shall be kept in the rear yard lot, meaning the portion of the lot between the rear line of the main dwelling and the rear line of the lot extending the full width of the lot.

(b)

(1)

Such chickens within the town shall be provided with and kept within an enclosed secure area not to exceed 240 square feet, hereinafter known as the pen, at all times. Pens shall include a coop (enclosed structure) containing a minimum of two square feet per chicken and an open run area containing a minimum of eight square feet per chicken. The coop shall not exceed eight feet in height. Pre-manufactured coops and pens may be made from any material. Otherwise, the following materials may not be used to construct coops and pens; tarps, plastic, fabric, rubber, paper, cardboard, or other non-traditional building materials.

(2)

It shall be the duty of such owner to maintain such coop and pen at all times in a safe, clean and sanitary condition, free of excrement and other unsanitary or offensive substances, liquids or odors, and so as not to constitute a hazard to the health or safety of any person or to become a nuisance.

(c)

The outdoor harvesting (slaughtering) of any chicken is prohibited.

(d)

(1)

Prior to locating such chickens on the owner's property, such owner shall obtain a permit from the town on forms provided by the town. Newly issued permits will run from the date of issuance to December 31 and shall be renewed annually on January 1 thereafter. There shall be no fee for the issuance of such permit.

(2)

Persons having chickens on their property on the effective date of the ordinance from which this section is derived shall have a period of 60 days from the effective date to obtain a permit and bring their property into compliance with this section.

(e)

Waste must be disposed of properly outside of town limits and waste shall not be placed in town trash cans.

(f)

It shall be unlawful for any person to keep chickens in the town without a valid permit as required in subsection (d) of this section. In the event of a violation of any of the terms of this section, the town will serve a notice of violation on the person giving them ten days to bring their property into compliance. Violation of any provision of this section shall constitute a Class 4 misdemeanor and each day in violation after expiration of the compliance period stated in said notice of violation shall constitute a separate offense. Any repeat conviction shall result in revocation of the permit issued under subsection (d) of this section.

(Ord. of 12-6-2022(17), § 1(4-16.1))