(a)

The established zoning districts in the Town of Little Elm are as follows:

(b)

Nonresidential development standards comparison.

(c)

Residential development standards comparison.

Note 1 - SF-X, minimum lot width: smallest lot = 60 feet; medium lot = 75 feet; largest lot = 90 feet.

Note 2 - SF-X, minimum lot area: smallest lot = 10K; medium lot = ½ acre; largest lot = 1 acre.

Note 3 - SF-X, minimum floor area: smallest lot = 1,800; medium lot = 2,000; largest lot = 2,400.

Note 4 - TH and PH, maximum front yard setback for townhomes and patio homes is 12 feet.

Note 5 - TH, minimum side yard for groups of 3—6 townhomes is 5 feet.

Note 6 - PH, flexible side yards, but must add up to minimum 10 feet.

Note 7 - D, minimum lot area with sewer service; without sewer service, minimum lot size is 1 acre.

Note 8 - D, minimum square footage per family.

Note 9 - MF, minimum square footage: one bedroom = 650; two bedroom = 800; three bedroom = 1,000; each additional bedroom = add 200/bedroom.

(Ord. No. 1407, § 2, 8-15-2017)

(a)

A-1 Single-Family District.

(1)

Purpose. The purpose of the A-1 Single-Family District is to allow single family detached dwellings on lots of not less than 10,000 square feet, together with allowed incidental uses.

(2)

Use regulations. No building, structure, land, or premises will be used, and no building or structure shall hereafter be erected, constructed, reconstructed, or altered, except for one or more of the uses specified in section 106.05.01(a), "schedule of uses - residential."

(3)

Height and area regulations. The height of buildings, the minimum dimensions of lots and yards, and the minimum lot area per family permitted on any lot, shall be as follows:

Note 1. Where interior lots have been planned or sold fronting on the side street, may project not more than ten feet in front of the line established for buildings by the front yard requirements for the interior lots on the side street, provided this regulation shall not be interpreted to reduce the buildable width of a corner lot in separate ownership at the time of the passage of this chapter, to less than 28 feet, and provided that the side yard regulations above shall be observed.

Note 2. The minimum width of a lot shall be measured at the front building line provided that where a lot has less width than herein required, in separate ownership at the time of the passage of this chapter, this regulation will not prohibit the erection of a one-family dwelling. Lots bordering streets on curves or contours shall be 80 feet in width at the building line.

Note 3. Each dwelling unit hereafter erected, constructed, reconstructed, or altered in said A-1 Single-Family District shall have a floor area, excluding basements, open and screened porches, and garages, of not less than 1,500 square feet.

(b)

A-2 Single-Family District.

(1)

Purpose. The purpose of the A-2 Single-Family District is to allow single family detached dwellings on lots of not less than 10,000 square feet, together with allowed incidental uses.

(2)

Use regulations. No building, structure, land, or premises will be used, and no building or structure shall hereafter be erected, constructed, reconstructed, or altered, except for one or more of the uses specified in section 106.05.01(a), "schedule of uses - residential."

(3)

Height and area regulations. The height of buildings, the minimum dimensions of lots and yards, and the minimum lot area per family permitted on any lot, shall be as follows:

Note 1. Where interior lots have been planned or sold fronting on the side street, may project not more than ten feet in front of the line established for buildings by the front yard requirements for the interior lots on the side street, provided this regulation shall not be interpreted to reduce the buildable width of a corner lot in separate ownership at the time of the passage of this chapter, to less than 28 feet, and provided that the side yard regulations above shall be observed.

Note 2. The minimum width of a lot shall be measured at the front building line provided that where a lot has less width than herein required, in separate ownership at the time of the passage of this chapter, this regulation will not prohibit the erection of a one-family dwelling. Lots bordering streets on curves or contours shall be 60 feet in width at the building line.

Note 3. Each dwelling unit hereafter erected, constructed, reconstructed, or altered in said A-2 Single-Family District shall have a floor area, excluding basements, open and screened porches, and garages, of not less than 1,000 square feet.

(c)

SF-RE Single-Family Ranchette Estate District.

(1)

Purpose. The purpose of the SF-RE Single-Family Ranchette Estates District is to allow single-family detached dwellings on lots of not less than one acre per family, together with allowed incidental and accessory uses.

(2)

Application. Lots in a subdivision or plat legally approved and properly recorded in Denton County prior to the effective date of Ordinance No. 427 which do not meet the minimum lot sizes and area requirements set forth in this section shall not be considered to be in violation of said requirements and, for purposes of this section, shall be deemed to conform to the requirements set forth in this section.

(3)

Use regulations. No building, structure, land, or premises shall be used, and no building or structure shall hereafter be erected, constructed, reconstructed, installed, or altered, except for one or more of the uses specified in section 106.05.01(a), "schedule of uses - residential."

(4)

Accessory buildings. The following accessory buildings or shall be permitted as accessory to the principal structure or use within the SF-RE Single-Family Ranchette Estates District in accordance with the following:

a.

If the SF-RE parcel is three acres or greater, accessory uses may also include all agricultural/farm buildings including, but not limited to, a stable, barn, pen, corral, kennel, greenhouse, or coop.

b.

When allowed, agriculture-related accessory structures shall be made of masonry materials, wood, or cementitious fiber board and are not required to meet the maximum square footage requirements as referenced in section 106.05.01(a), "schedule of uses - residential."

c.

The minimum setback from any property line for any accessory agricultural/farm structure shall be 25 feet.

(5)

Height and area regulations. Height and area regulations. The height of buildings, the minimum dimensions of lots and yards, and the minimum lot area per family permitted on any lot, shall be as follows:

Note 1. Where interior lots have been planned or sold fronting on the side street, may project not more than ten feet in front of the line established for buildings by the front yard requirements for the interior lots on the side street, provided this regulation shall not be interpreted to reduce the buildable width of a corner lot in separate ownership at the time of the passage of this chapter, to less than 28 feet, and provided that the side yard regulations above shall be observed.

Note 2. The minimum width of a lot shall be measured at the front building line provided that where a lot has less width than herein required, in separate ownership at the time of the passage of this chapter, this regulation will not prohibit the erection of a single-family dwelling. Lots bordering streets on curves or contours shall be 120 feet in width at the building line.

Note 3. Each dwelling unit hereafter erected, constructed, reconstructed, or altered in said SF-RE Single-Family Ranchette Estate District shall have a floor area, excluding basements, open and screened porches, and garages, of not less than 2,400 square feet.

Note 4. Garages may not be used for living quarters unless 2 other enclosed parking spaces are provided on the lot.

(d)

SF-1 Single-Family District.

(1)

Purpose. The purpose of the SF-1 Single-Family District is to allow single family detached dwellings on lots of not less than 10,000 square feet, together with allowed incidental uses.

(2)

Uses regulations. No building, structure, land, or premises shall be used, and no building or structure shall hereafter be erected, constructed, reconstructed, installed, or altered, except for one or more of the uses specified in section 106.05.01(a), "schedule of uses - residential."

(3)

Height and area regulations. The height of buildings, the minimum dimensions of lots and yards, and the minimum lot area per family permitted on any lot, shall be as follows:

Note 1. Where interior lots have been planned or sold fronting on the side street, may project not more than ten feet in front of the line established for buildings by the front yard requirements for the interior lots on the side street, provided this regulation shall not be interpreted to reduce the buildable width of a corner lot in separate ownership at the time of the passage of this chapter, to less than 25 feet, and provided that the side yard regulations above shall be observed.

Note 2. The minimum width of a lot shall be measured at the front building line provided that where a lot has less width than herein required, in separate ownership at the time of the passage of this chapter, this regulation will not prohibit the erection of a single-family dwelling. Lots bordering streets on curves or contours shall be 60 feet in width at the building line.

Note 3. Each dwelling unit hereafter erected, constructed, reconstructed, or altered in said SF-1 Single-Family District shall have a floor area, excluding basements, open and screened porches, and garages, of not less than 2,000 square feet.

Note 4. Garages may not be used for living quarters unless two other enclosed parking spaces are provided on the lot.

(e)

SF-2 Single-Family District.

(1)

Purpose. The purpose of the SF-2 Single-Family District is to allow single-family detached dwellings on lots of not less than 8,000 square feet, together with allowed incidental and accessory uses.

(2)

Use regulations. No building, structure, land, or premises shall be used, and no building or structure shall hereafter be erected, constructed, reconstructed, installed, or altered, except for one or more of the uses specified in section 106.05.01(a), "Schedule of uses - residential."

(3)

Height and area regulations. The height of buildings, the minimum dimensions of lots and yards, and the minimum lot area per family permitted on any lot, shall be as follows:

Note 1. Where interior lots have been planned or sold fronting on the side street, may project not more than ten feet in front of the line established for buildings by the front yard requirements for the interior lots on the side street, provided this regulation shall not be interpreted to reduce the buildable width of a corner lot in separate ownership at the time of the passage of this chapter, to less than 25 feet, and provided that the side yard regulations above shall be observed.

Note 2. The minimum width of a lot shall be measured at the front building line provided that where a lot has less width than herein required, in separate ownership at the time of the passage of this chapter, this regulation will not prohibit the erection of a single-family dwelling. Lots bordering streets on curves or contours shall be 60 feet in width at the building line.

Note 3. Each dwelling unit hereafter erected, constructed, reconstructed, or altered in said SF-2 Single-Family District shall have a floor area, excluding basements, open and screened porches, and garages, of not less than 1,600 square feet.

Note 4. Garages may not be used for living quarters unless 2 other enclosed parking spaces are provided on the lot.

(f)

SF-3 Single-Family District.

(1)

Purpose. The purpose of the SF-3 Single-Family District is to allow single-family detached dwellings on lots of not less than 7,000 square feet, together with allowed incidental and accessory uses.

(2)

Use regulations. No building, structure, land, or premises shall be used, and no building or structure shall hereafter be erected, constructed, reconstructed, installed, or altered, except for one or more of the uses specified in section 106.05.01(a), "schedule of uses - residential."

(3)

Height and area regulations. The height of buildings, the minimum dimensions of lots and yards, and the minimum lot area per family permitted on any lot, shall be as follows:

Note 1. Where interior lots have been planned or sold fronting on the side street, may project not more than ten feet in front of the line established for buildings by the front yard requirements for the interior lots on the side street, provided this regulation shall not be interpreted to reduce the buildable width of a corner lot in separate ownership at the time of the passage of this chapter, to less than 28 feet, and provided that the side yard regulations above shall be observed.

Note 2. The minimum width of a lot shall be measured at the front building line provided that where a lot has less width than herein required, in separate ownership at the time of the passage of this chapter, this regulation will not prohibit the erection of a single-family dwelling.

Note 3. Each dwelling unit hereafter erected, constructed, reconstructed, or altered in said SF-3 Single-Family District shall have a floor area, excluding basements, open and screened porches, and garages, of not less than 1,400 square feet.

Note 4. Garages may not be used for living quarters unless two other enclosed parking spaces are provided on the lot.

(g)

SF-4 Single-Family District.

(1)

Purpose. The purpose of the SF-4 Single-Family District is to allow single-family detached dwellings on lots of not less than 6,000 square feet, together with allowed incidental and accessory uses.

(2)

Use regulations. No building, structure, land, or premises shall be used, and no building or structure shall hereafter be erected, constructed, reconstructed, installed, or altered, except for one or more of the uses specified in section 106.05.01(a), "schedule of uses - residential."

(3)

Height and area regulations. The height of buildings, the minimum dimensions of lots and yards, and the minimum lot area per family permitted on any lot, shall be as follows:

Note 1. Where interior lots have been planned or sold fronting on the side street, may project not more than ten feet in front of the line established for buildings by the front yard requirements for the interior lots on the side street, provided this regulation shall not be interpreted to reduce the buildable width of a corner lot in separate ownership at the time of the passage of this chapter, to less than 28 feet, and provided that the side yard regulations above shall be observed.

Note 2. The minimum width of a lot shall be measured at the front building line provided that where a lot has less width than herein required, in separate ownership at the time of the passage of this chapter, this regulation will not prohibit the erection of a single-family dwelling.

Note 3. Each dwelling unit hereafter erected, constructed, reconstructed, or altered in said SF-4 Single-Family District shall have a floor area, excluding basements, open and screened porches, and garages, of not less than 1,200 square feet.

Note 4. Garages may not be used for living quarters unless two other enclosed parking spaces are provided on the lot.

(h)

SF-X Single-Family Mixed Size District.

(1)

Purpose. The purpose of the SF-X Single-Family District is to allow a mix of relatively large single-family detached dwellings on lots that range from a minimum of 10,000 square feet to one acre or more, together with allowed incidental and accessory uses.

(2)

Mix of lot sizes. A minimum of three lots sizes, defined by lot width and overall lot area, shall be provided within the subdivision.

(3)

Minimum and maximum percentages. A minimum of 20 of the largest lot sizes shall be provided and a maximum of 50 of the smallest lot size may be provided.

(4)

Use regulations. No building, structure, land, or premises shall be used, and no building or structure shall hereafter be erected, constructed, reconstructed, installed, or altered, except for one or more of the uses specified in section 106.05.01(a), "schedule of uses - residential."

(5)

Height and area regulations. The height of buildings, the minimum dimensions of lots and yards, and the minimum lot area per family permitted on any lot, shall be as follows:

Note 1. Where interior lots have been planned or sold fronting on the side street, may project not more than ten feet in front of the line established for buildings by the front yard requirements for the interior lots on the side street, provided this regulation shall not be interpreted to reduce the buildable width of a corner lot in separate ownership at the time of the passage of this chapter, to less than 28 feet, and provided that the side yard regulations above shall be observed.

Note 2. The minimum width of a lot shall be measured at the front building line provided that where a lot has less width than herein required, in separate ownership at the time of the passage of this chapter, this regulation will not prohibit the erection of a single-family dwelling.

Note 3. Garages may not be used for living quarters unless two other enclosed parking spaces are provided on the lot.

(i)

D Duplex Two-Family District.

(1)

Use regulations. No building, structure, land, or premises will be used, and no building or structure shall hereafter be erected, constructed, reconstructed, or altered, except for one or more of the uses specified in section 106.05.01(a), "schedule of uses - residential."

(2)

Separate utilities. All utilities shall be provided separately to each duplex such that each unit is individually metered.

(3)

Height and area regulations. The height of buildings, the minimum dimensions of lots and yards, and the minimum lot area per family permitted on any lot shall be as follows:

Note 1. Lot area per family. Every two-family dwelling unit hereafter erected, reconstructed, altered, or enlarged shall provide a lot area of not less than 2,500 square feet per family; provided, however, that where a lot has less area than herein required and was of record and in separate ownership at the time of the passage of this chapter, said lot may be occupied by not more than one family. In areas not served by sanitary sewer the minimum lot area per family shall be 10,000 square feet.

Note 2. The minimum width of a lot shall be measured at the front building line provided that where a lot has less width than herein required, in separate ownership at the time of the passage of this chapter, this regulation will not prohibit the erection of a single-family dwelling.

Note 3. Floor area. Every two-family unit hereafter erected, constructed, reconstructed or altered shall have a floor area, excluding basements, open and screened porches and garages of not less than 700 square feet per each single-family dwelling unit.

Note 4. Garages may not be used for living quarters unless two other enclosed parking spaces are provided on the lot.

Note 5. Lots may be subdivided into two 30-foot (minimum) wide lots provided that the associated duplex structure be constructed with a fire wall along the shared, common boundary.

(j)

TH Townhome District.

(1)

Site plan review required. All townhome developments are subject to site plan review and approval by director. The site plan shall show the typical layout of the townhome lot and an overall layout of the development.

(2)

Site plan approval. Deviations from the townhome standards in this chapter can be accomplished through the site plan process, subject to review and approval by the planning and zoning commission and town council during public hearings.

(3)

Use regulations. No building, structure, land, or premises will be used, and no building or structure shall hereafter be erected, constructed, reconstructed, or altered, except for one or more of the uses specified in section 106.05.01(a), "schedule of uses - residential."

(4)

Minimum parking and garage access. All townhome developments shall provide rear entry off-street parking with a minimum two car garage. Alleys servicing these developments shall be a minimum 12 feet in width.

(5)

On-street parking. Parallel parking shall be provided along the curb in the right-of-way, but shall not count toward the minimum number of parking spaces required per unit.

(6)

Open space. Ten percent of the total townhome development shall be dedicated as usable open space. This area shall be platted as common area (i.e. owned and maintained by the homeowners' association - HOA); open space must be usable but may include up to 50 percent floodplain. Open space should be located to preserve existing trees. If not practical due to the natural restrictions of the tract of land, then one large canopy tree and one small ornamental tree for every 5,000 square feet of required open space shall be provided.

(7)

Minimum street widths and orientation. Streets adjacent to townhomes shall have a minimum 62-foot right-of-way. All townhomes shall be platted on individual lots and require public street or public easement frontage, but shall not have either front or rear street frontage.

(8)

Front access from sidewalks. All buildings which have residential unit floor plates within six feet of grade shall include a primary front door entrance into the unit which may be accessed from the sidewalk.

(9)

Front door entry. The front door entry shall be located a minimum of two feet above the sidewalk elevation and include a minimum 24 square foot stoop. If pre-empted by topographic conditions, the entry may be lowered in elevation, subject to approval of the director. However, up to 50 percent of units may be ADA accessible from the sidewalk provided there is a metal fence separating the private area from the public sidewalk area.

(10)

Landscape buffer and screening. A ten-foot-wide rear landscape buffer shall be provided and shall contain one tree for every 30 linear feet. When located in commercial zoning districts, masonry screen wall requirements and the ten landscape buffer do not apply, unless backing against single-family residential, which requires eight-foot-high masonry screen wall.

(11)

Window views. Units must also include windows which provide residents a view of the street or public access easement and sidewalk area.

(12)

Commercial design standards included. Any and all graphics from the 2009 Commercial Design Standards report not supported by textual technological limitations are hereby codified as supporting material by reference.

(13)

Front yard landscape zones. Three zones are required between back of curb and the building line, as described below:

a.

Streetscape zone (1). A minimum five-foot-wide area adjacent to the back-of-curb for trees and street furniture, including a one-foot dismount strip. An urban tree in a tree well shall be provided for every 25 linear feet in the streetscape zone. For every three urban trees, a bike rack, trash receptacle, bench, lighted bollard, or other approved street furniture is required.

b.

Sidewalk zone (2). A minimum six-foot-wide clear sidewalk.

c.

Landscape zone (3). A minimum six-foot landscape/patio area adjacent to the building). In order to differentiate the different zones (public v. private) of the sidewalk, townhome may construct a three-foot-high wrought iron, masonry, or cast stone fence. Balcony and patio railings and fences shall be largely transparent and constructed of tempered glass, wrought iron or metal. Masonry columns may be used on patios provided that they are used as accents. Wood fences and railings and chain-link fencing are prohibited.

(14)

Rear yard setback landscaping. Within the rear building setback, one urban tree is required.

(15)

Height and area regulations. The height of buildings, the minimum dimensions of lots and yards, and the minimum lot area per family permitted on any lot shall be as follows:

Note 1. The minimum side yard is five feet between groups of three to six townhomes; side yard at corner is 15 feet, and requires all three zones referenced in subsection (13) above.

Note 2. Garages may not be used for living quarters.

Note 3. Other parking spaces (for guests or employees) may be located tandem to the garage parking spaces, in a separate parking lot, or on-street.

(k)

PH Patio Home District.

(1)

Site plan review required. All patio home developments are subject to site plan review and approval by director. The site plan shall show the layout of the typical patio home lot and an overall layout of the development.

(2)

Site plan approval. Deviations from the patio home standards in this chapter can be accomplished through the site plan process, subject to review and approval by the planning and zoning commission and town council during public hearings.

(3)

Definition. Patio homes are single-family dwellings that are smaller in scale than typical residential homes, are located on a unique platted lot, and may have a zero lot line on one side of the building. If the zero lot line is chosen, or any side yard setback smaller than five feet, no windows shall be placed on that side of the patio home. Windows, doors, patios, and other features should be placed along the wider side yard setback to create a greater sense of open space.

(4)

Use regulations. No building, structure, land, or premises will be used, and no building or structure shall hereafter be erected, constructed, reconstructed, or altered, except for one or more of the uses specified in section 106.05.01(a), "schedule of uses - residential."

(5)

Minimum parking and garage access. All patio home developments shall provide rear entry off-street parking with a minimum two car garage. Alleys servicing these developments shall be a minimum 12 feet in width.

(6)

On-street parking. Parallel parking shall be provided along the curb in the right-of-way, but shall not count toward the minimum number of parking spaces required per unit.

(7)

Open space. Ten percent of the total patio home development shall be dedicated as usable open space. This area shall be platted as common area (i.e., owned and maintained by the homeowners' association); open space must be usable but may include up to 50 percent floodplain. Open space should be located to preserve existing trees. If not practical due to the natural restrictions of the tract of land, then one large canopy tree and one small ornamental tree for every 5,000 square feet of required open space shall be provided.

(8)

Minimum street widths and orientation. Streets adjacent to townhomes shall have a minimum 62-foot right-of-way. All patio home shall be individually platted and require public street or public easement frontage, but shall not have either front or rear street frontage.

(9)

Front access from sidewalks. All buildings which have residential unit floor plates within six feet of grade shall include a primary front door entrance into the unit which may be accessed from the sidewalk.

(10)

Front door entry. The front door entry shall be located a minimum of two feet above the sidewalk elevation and include a minimum 24 square foot stoop. If pre-empted by topographic conditions, the entry may be lowered in elevation, subject to approval of the director. However, up to 50 percent of units may be ADA accessible from the sidewalk provided there is a metal fence separating the private area from the public sidewalk area.

(11)

Landscape buffer and screening. A ten-foot-wide rear landscape buffer shall be provided and shall contain one tree for every 30 linear feet. When located in commercial zoning districts, masonry screen wall requirements and the ten landscape buffer do not apply, unless backing against single-family residential, which requires eight-foot-high masonry screen wall.

(12)

Window views. Units must also include windows which provide residents a view of the street or public access easement and sidewalk area.

(13)

Residential architectural standards apply. Minimum masonry requirements, roof pitch, and design elements listed in section 106.06.03 "architectural standards for residential structures."

(14)

Front yard landscape zones. Three zones are required between back of curb and the building line, as described below:

a.

Streetscape zone (1). A minimum five-foot-wide area adjacent to the back-of-curb for trees and street furniture, including a one-foot dismount strip. An urban tree in a tree well shall be provided for every 25 linear feet in the streetscape zone. For every three urban trees, a bike rack, trash receptacle, bench, lighted bollard, or other approved street furniture is required.

b.

Sidewalk zone (2). A minimum six-foot-wide clear sidewalk.

c.

Landscape zone (3). A minimum six-foot landscape/patio area adjacent to the building). In order to differentiate the different zones (public v. private) of the sidewalk, townhome may construct a three-foot-high wrought iron, masonry, or cast stone fence. Balcony and patio railings and fences shall be largely transparent and constructed of tempered glass, wrought iron or metal. Masonry columns may be used on patios provided that they are used as accents. Wood fences and railings and chain-link fencing are prohibited.

(15)

Rear yard landscaping. Within the rear building setback, one urban tree is required.

(16)

Height and area regulations. The height of buildings, the minimum dimensions of lots and yards, and the minimum lot area per family permitted on any lot shall be as follows:

Note 1. The minimum total side yard is ten feet between each patio home. This may be split evenly (5/5), with a zero lot line (0/10) or any combination that adds to ten feet; side yard at corner is 15 feet, and requires all three zones referenced in subsection (14) above.

Note 2. Garages may not be used for living quarters.

Note 3. Other parking spaces (for guests or employees) may be located tandem to the garage parking spaces, in a separate parking lot, or on-street.

(l)

MF multifamily district.

(1)

Use regulations. No building, structure, land, or premises will be used, and no building or structure shall hereafter be erected, constructed, reconstructed, or altered, except for one or more of the uses specified in section 106.05.01(a), "schedule of uses - residential."

(2)

Accessory buildings and use. Accessory buildings and uses customarily incident to any of the above uses are permitted when not involving the conduct of business other than incidental to the residential use of such lot, including private and storage garages; provided, however, that such accessory buildings comply with section 106.05.021, "accessory uses" and said accessory building shall not be used for commercial purposes. (The term "commercial purposes" shall include part-time businesses.)

(3)

Height and area regulations. The density, lot coverage, height of buildings, the minimum and maximum dimensions of lots and yards, and other development standards permitted shall be as follows:

Note 1. The height of any apartment building erected on a lot adjacent to single-family residential uses or zoning shall be limited to one story for a distance of 150 feet from the single-family district boundary, inclusive of streets and/or highways.

Note 2. Floor area. Every multifamily unit hereafter erected, constructed, reconstructed, or altered shall have a floor area, excluding basements, open and screened porches, patios, and balconies of not less than specified above.

(4)

Courts. Where an apartment building is erected so as to create inner courts, the faces of all opposite walls in such courts shall be a minimum distance of 30 feet apart and no balcony or canopy shall extend into such court area for a distance greater than five feet.

(5)

Lighting. Lighting shall be designed and used to discourage crime and undesirable activity and to provide adequate vision, comfort, and safety. It should use the lowest possible illumination to effectively allow surveillance. Open-air parking lot lighting shall be designed to provide for uniform lighting throughout the facility with no dark patches or pockets. The use of sensor technologies, timers, or other means to activate lighting during the night may be used to conserve energy, provide safety, and promote compatibility between different land uses. In order to direct light downward and minimize the amount of light spill into the dark night sky, lighting fixtures shall be full cut-off fixtures. Open-air parking lot lighting shall not cause direct illumination on adjacent and nearby properties or streets. Fixtures should be of a type or adequately shielded so as to prevent glare from normal viewing angles. All lighting shall conform to this chapter.

(6)

Screening, fences, gates, and stacking. The entire site shall be screened from view on three sides from persons standing at ground level on the site or immediately adjoining property, by a masonry wall (minimum eight feet in height). A wall not more than eight feet in height shall be erected in the front yard that is of at least 50 percent black tubular steel or decorative metal. It is also mandatory for all apartments to be gated communities. Each gate shall be in proper working order at all times. In addition, there shall be a minimum stacking area for four vehicles at each gate.

(7)

Balconies/patios. When an apartment building is erected so as to create balconies or patios facing a public street such balconies shall not extend beyond the building line.

(8)

Refuse facilities. Complexes shall provide sufficient refuse facilities, subject to discretionary review and approval by the director and screened in compliance with the zoning ordinance.

(9)

Mechanical equipment. Mechanical equipment shall be constructed, located, and screened so as not to interfere with the peace and comfort of the occupant(s) of any building or residence.

(10)

Mail kiosks. Mail kiosk shall have a minimum of three required parking spaces for the development within 50 feet, unless a drive-through facility is provided. The mail kiosk must be constructed of 100 percent masonry and constructed of the same materials as the main structure with a metal roof.

(11)

Building design. Each building must follow the following conditions in addition to the town's architectural and design standards. (See Section 106.06.04 for more detail on architectural design and materials)

a.

Except for windows, doors and garage doors, the exterior of all building elevations shall be 100 percent masonry. Cementitious fiberboard may be used for areas not considered conducive for masonry, as determined by the building official, and architectural features, including but not limited to bay windows, dormers, chimneys do not part of an exterior wall, and gables.

b.

Flat primary roofs are prohibited.

c.

The residential building angle to public streets and single-family zoning districts will be between a minimum of 20 to a maximum of 70 degrees, unless parking is provided between the building and the street.

d.

As an alternative to angling the buildings along the public street, adjacent buildings may be offset a distance equal to one-half the width of the building closest to the street, not to be less than 30 feet.

(12)

Parking regulations. The minimum off-street parking and loading regulations shall be poured concrete surfaces, and comply with the following:

a.

For buildings other than residential dwellings, one off-street parking space for each 200 square feet of floor area shall be provided.

b.

All buildings hereafter erected, reconstructed, altered, enlarged, or converted for one or more uses permitted in the Multifamily District shall provide adequate permanent off-street facilities for the loading and unloading of merchandise and good within or adjacent to the building in such a manner as not to obstruct the freedom of traffic movement on the public streets or alleys.

c.

Two off-street parking spaces for each apartment dwelling unit plus one space for each additional bedroom unit (more than one) shall be provided. Covered parking spaces account for at least 25 percent of the total required parking spaces (not including required guest parking) shall be provided.

d.

No dead-end parking will be allowed.

e.

Garages, when provided, shall be 100 percent masonry and be constructed of the same materials as the main structure. The garage may be part of the dwelling structure. The garage shall not be used for storage, thereby prohibiting the parking of an operable vehicle. Enclosed garage parking spaces shall be a minimum of ten by 20 feet. Stacking spaces shall not be counted towards required parking spaces.

(13)

Open space. Each lot or parcel of land must comply with the following conditions in addition to the town's landscaping ordinance.

a.

Each lot or parcel of land, which is used for multiple-family residences, shall provide on the same lot or parcel of land, usable open space, in accordance with [table H in section 106.06.18]. The open space shall have a minimum dimension of not less than 30 feet.

b.

Of the required open space, 15 percent shall be arranged or located in a contiguous mass. This contiguous mass must be located within the required open space.

c.

In meeting [these] requirements, a credit of three square feet may be applied for each square foot utilized for swimming pools and adjacent decks, patios, or lounge areas within ten feet of a pool; developed and equipped children's play areas; usable portions of recreational buildings; and private balconies and enclosed patios with a minimum dimension of five feet. Tennis courts are specifically excluded from this increased credit allowance. At the time of site plan approval, the planning and zoning commission and town council may allow a credit not to exceed ten percent of the total required usable open space for adjacent and immediately accessible public parks. The combined credit for areas calculated at a three-to-one basis and for public parks shall not exceed 50 percent of the total usable open space for an individual lot or parcel of land.

d.

One large canopy tree shall be provided per 3,500 square feet of required open space.

e.

At the time of site plan approval, the Director of Development Services may give full or partial credit for open areas that exceed the maximum slope of 2 percent, if it is determined that such areas are environmentally significant and that their preservation would enhance the development.

(14)

Required amenities. A minimum of four of the following must be incorporated into each multifamily development. A minimum of two major and two minor amenities must be provided in significant proportion to the development. The scale of the amenities as well as other comparable amenities can be approved through the site plan approval process.

a.

Major amenities:

1.

Dog park.

2.

Indoor exercise facility.

3.

Jogging trail.

4.

Sport courts and fields (volleyball, baseball, tennis etc.).

5.

Swimming pool.

b.

Minor amenities:

1.

Gazebo.

2.

Improved picnic areas (with tables, grills, shading).

3.

Playground or tot lot.

4.

Putting green.

(15)

Miscellaneous requirements. The following additional regulations are required for all multifamily district apartment houses:

a.

Separate sewer drain plumbing for all kitchen sinks that route through a grease trap;

b.

Washer and dryer connections in each unit;

c.

Lint traps on all laundry room washers; and

d.

Storm drain debris collectors.

(m)

MH-1 Manufactured Home Single-Family District.

(1)

Purpose. Providing for certain manufactured and modular dwellings with specific reference to the seal of approval granted by appropriate state agencies and meeting federal standards and providing for single-family and two-family dwelling units.

(2)

Use regulations. No building, structure, land, or premises will be used, and no building or structure shall hereafter be erected, constructed, reconstructed, or altered, except for one or more of the uses specified in section 106.05.01(a), "schedule of uses - residential."

(3)

Building materials. Duplex and single-family residences located within this district may use cementitious fiberboard to fulfill the masonry building requirements.

(4)

Base district note. The MH-1 District standards remain only for the purpose of establishing a base zoning district to support existing planned developments in town with a base MH-1 district that were approved before January 5, 2021.

(5)

Height and area regulations. In said MH-1 Manufactured Home Single-Family District the height of buildings, the minimum dimensions of lots and yards, and the minimum lot area per family permitted on any lot, shall be as follows:

Note 1. Where interior lots have been planned or sold fronting on the side street, may project not more than ten feet in front of the line established for buildings by the front yard requirements for the interior lots on the side street, provided this regulation shall not be interpreted to reduce the buildable width of a corner lot in separate ownership at the time of the passage of this chapter, to less than 28 feet, and provided that the side yard regulations above shall be observed.

Note 2. The minimum width of a lot shall be measured at the front building line provided that where a lot has less width than herein required, in separate ownership at the time of the passage of this chapter, this regulation will not prohibit the erection of a single-family dwelling. Lots bordering streets on curves or contours shall be 80 feet in width at the building line.

Note 3. Each dwelling unit hereafter erected, constructed, reconstructed, or altered in said manufactured home single-family district shall have a floor area, excluding basements, open and screened porches, and garages, of not less than 1,000 square feet.

(Ord. No. 1407, § 2, 8-15-2017; Ord. No. 1501, § 2, 6-18-2019; Ord. No. 1527, § 2, 10-15-2019; Ord. No. 1587, § 2, 1-5-2021; Ord. No. 1745, § 2, 1-16-2024)

(a)

AG Agricultural District.

(1)

General purpose and description. Agricultural zoning strives to protect the viability of agriculture in a region. The AG Agricultural District's intent is to prevent the fragmentation of existing farms; provide for agricultural uses and uses compatible with or supportive of agriculture, including crop production, the raising of livestock, poultry and other animals; encourage compatibility of farm buildings with the surrounding neighborhood and avoid conflicts between agricultural and non-agricultural uses. The AG Agricultural District is also intended to protect areas that may be unsuitable for development because of physical problems, lack of infrastructure, constraints, or potential health or safety hazards such as flooding, as well as providing for preservation of natural open space areas.

(2)

Use regulations. No building, structure, land or premises will be used, and no building or structure shall hereafter be erected, constructed, reconstructed, or altered, except for one or more of the uses specified in section 106.05.01(b), "schedule of uses - nonresidential" or the following:

a.

All forms of agriculture, horticulture, and animal husbandry, including necessary farm structures;

b.

All agricultural/farm buildings including, but not limited to, a stable, barn, pen, corral, kennel, greenhouse, or coop;

c.

Riding schools and/or horse boarding stables;

d.

On-site sale of farm products, 75 percent of this must be produced on-site;

e.

Bed and breakfast; or

f.

Storage of recreational vehicles, camp trailers or other wheeled vehicles used for the pleasure of the owner (may not be inhabited).

(3)

Height and area regulations. The height of buildings and structures, the minimum dimensions of lots and yards, and the minimum lot area per family shall be as follows:

Note 1. Corner lots. Where interior lots have been planned or sold fronting on the side street, it may project not more than ten feet in front of the line established for buildings by the front yard requirements for the interior lots on the side street, provided this regulation shall not be interpreted to reduce the buildable width of a corner lot in separate ownership at the time of the passage of this chapter, to less than 28 feet, and provided that the side yard regulations above shall be observed.

Note 2. The minimum width of a lot shall be measured at the front building line provided that where a lot has less width than herein required, in separate ownership at the time of the passage of this chapter, this regulation will not prohibit the erection of a single-family dwelling. Lots bordering streets on curves or contours shall be 60 feet in width at the building line.

Note 3. Each dwelling unit hereafter erected, constructed, reconstructed or altered shall have a floor area, excluding basements, open and screened porches, and garages, of not less than 1,600 square feet.

(4)

Residences. One primary residential structure per lot.

(5)

Accessory structures. Agriculture related structures shall be made of masonry materials, metal, wood, or cementitious fiber board and are not required to meet the square footage requirements as referenced in section 106.05.021, "accessory uses."

(6)

Parking requirement. The minimum off-street parking requirements shall be an asphalt or concrete surface with four parking spaces per dwelling unit.

(b)

O Office District.

(1)

Use regulations. No building, structure, land or premises will be used, and no building or structure shall hereafter be erected, constructed, reconstructed, or altered, except for one or more of the uses specified in section 106.05.01(b), "schedule of uses - nonresidential."

(2)

Height and area regulations. The height of buildings, the minimum dimensions of the lots and yards shall be as follows:

Note 1. Height. Nonresidential buildings shall not exceed 60 feet. Portions of buildings within 120 feet of a single-family residential lot may not exceed 45 feet in height. Beyond 120 feet, the building must fit within a plane created by a slope of one foot in additional height for each additional three feet from the property line.

Note 2. Side yard. Where a lot abuts upon the side of a lot zoned for dwelling purposes there shall be a side yard of not less than five feet, otherwise no side yard shall be required but, if provided, it shall be not less than five feet. On corner lots, with lots having reversed frontage at the rear, the side yard requirements shall be the same as A-2 Single-Family District.

(c)

NS Neighborhood Services District.

(1)

Use regulations. No building, structure, land or premises will be used, and no building or structure shall hereafter be erected, constructed, reconstructed, or altered, except for one or more of the uses specified in section 106.05.01(b), "schedule of uses - nonresidential."

(2)

Height and area regulations. The height of buildings, the minimum dimensions of the lots and yards shall be as follows:

Note 1. Height. Nonresidential buildings shall not exceed 60 feet. Portions of buildings within 120 feet of a single-family residential lot may not exceed 45 feet in height. Beyond 120 feet, the building must fit within a plane created by a slope of one foot in additional height for each additional three feet from the property line.

Note 2. Side yard. Where a lot abuts upon the side of a lot zoned for dwelling purposes there shall be a side yard of not less than five feet, otherwise no side yard shall be required but, if provided, it shall be not less than five feet. On corner lots, with lots having reversed frontage at the rear, the side yard requirements shall be the same as A-2 Single-Family District.

Note 3. Lot size. The minimum lot size for nonresidential districts is one acre, unless otherwise approved through the site plan process.

(d)

CF Community Facilities District.

(1)

Purpose. The community facilities district is established to apply to those lands where federal, state or local government activities are conducted, where governments hold title to such lands, or for public and private educational and medical facilities. Certain nongovernmental and non-institutional uses may be permitted to provide necessary services to governmental and institutional uses, or incidental retail and service uses which are appropriate and subordinate to the principal use, and offer instruction, training, and employment opportunities for the primary intended user of the principal use.

(2)

Use regulations. No building, structure, land or premises will be used, and no building or structure shall hereafter be erected, constructed, reconstructed, or altered, except for one or more of the uses specified in section 106.05.01(b), "schedule of uses - nonresidential."

(3)

Height and area regulations. The height of buildings, the minimum dimensions of the lots and yards shall be as follows:

Note 1. Any nonsingle-family use that is over one story in height and that is located adjacent to (and not across any right-of-way from) any existing single-family zoning district shall be setback from the applicable perimeter property line a distance equal to the height of the building, but not less than 25 feet.

Note 2. Where a lot abuts upon the side of a lot zoned for dwelling purposes there shall be a side yard of not less than five feet, otherwise no side yard shall be required but, if provided, it shall be not less than five feet. On corner lots, with lots having reversed frontage at the rear, the side yard requirements shall be the same as O Office District.

(e)

LC Light Commercial District.

(1)

Use regulations. No building, structure, land or premises will be used, and no building or structure shall hereafter be erected, constructed, reconstructed, or altered, except for one or more of the uses specified in section 106.05.01(b), "schedule of uses - nonresidential."

(2)

Height and area regulations. The height of buildings, the minimum dimensions of the lots and yards shall be as follows, with allowance for administrative modification of up to ten percent:

Note 1. Height. Nonresidential buildings shall not exceed 60 feet. Portions of buildings within 120 feet of a single-family residential lot may not exceed 45 feet in height. Beyond 120 feet, the building must fit within a plane created by a slope of one foot in additional height for each additional three feet from the property line.

Note 2. Side yard. Where a lot abuts upon the side of a lot zoned for dwelling purposes there shall be a side yard of not less than five feet, otherwise no side yard shall be required but, if provided, it shall be not less than five feet. On corner lots, with lots having reversed frontage at the rear, the side yard requirements shall be the same as A-2 Single-Family District.

Note 3. Lot size. The minimum lot size for nonresidential districts is one acre, unless otherwise approved through the site plan process.

(f)

HC Heavy Commercial District.

(1)

Use regulations. No building, structure, land or premises will be used, and no building or structure shall hereafter be erected, constructed, reconstructed, or altered, except for one or more of the uses specified in section 106.05.01(b), "schedule of uses - nonresidential."

(2)

Height and area regulations. The height of buildings, the minimum dimensions of the lots and yards shall be as follows:

Note 1. Height. Nonresidential buildings shall not exceed 60 feet. Portions of buildings within 120 feet of a single-family residential lot may not exceed 45 feet in height. Beyond 120 feet, the building must fit within a plane created by a slope of one foot in additional height for each additional three feet from the property line.

Note 2. Side yard. Where a lot abuts upon the side of a lot zoned for dwelling purposes there shall be a side yard of not less than five feet, otherwise no side yard shall be required but, if provided, it shall be not less than five feet. On corner lots, with lots having reversed frontage at the rear, the side yard requirements shall be the same as A-2 Single-Family District.

Note 3. Lot size. The minimum lot size for nonresidential districts is one acre, unless otherwise approved through the site plan process.

(g)

LI Light Industrial District.

(1)

Use regulations. No building, structure, land or premises will be used, and no building or structure shall hereafter be erected, constructed, reconstructed, or altered, except for one or more of the uses specified in section 106.05.01(b), "schedule of uses - nonresidential."

(2)

Height and area regulations. The height of buildings, the minimum dimensions of the lots and yards shall be as follows:

Note 1. Height. Nonresidential buildings shall not exceed 60 feet. Portions of buildings within 120 feet of a single-family residential lot may not exceed 45 feet in height. Beyond 120 feet, the building must fit within a plane created by a slope of one foot in additional height for each additional three feet from the property line.

Note 2. Side yard. Where a lot abuts upon the side of a lot zoned for dwelling purposes there shall be a side yard of not less than five feet, otherwise no side yard shall be required but, if provided, it shall be not less than five feet. On corner lots, with lots having reversed frontage at the rear, the side yard requirements shall be the same as A-2 Single-Family District.

Note 3. Lot size. The minimum lot size for nonresidential districts is one acre, unless otherwise approved through the site plan process.

(h)

HI Heavy Industrial District.

(1)

Use regulations. No building, structure, land or premises will be used, and no building or structure shall hereafter be erected, constructed, reconstructed, or altered, except for one or more of the uses specified in section 106.05.01(b), "schedule of uses - nonresidential."

(2)

Height and area regulations. The height of buildings, the minimum dimensions of the lots and yards shall be as follows:

Note 1. Height. Nonresidential buildings shall not exceed 60 feet. Portions of buildings within 120 feet of a single-family residential lot may not exceed 45 feet in height. Beyond 120 feet, the building must fit within a plane created by a slope of one foot in additional height for each additional three feet from the property line.

Note 2. Side yard. Where a lot abuts upon the side of a lot zoned for dwelling purposes there shall be a side yard of not less than five feet, otherwise no side yard shall be required but, if provided, it shall be not less than five feet. On corner lots, with lots having reversed frontage at the rear, the side yard requirements shall be the same as A-2 Single-Family District.

Note 3. Lot size. The minimum lot size for nonresidential districts is one acre, unless otherwise approved through the site plan process.

(Ord. No. 1407, § 2, 8-15-2017; Ord. No. 1646, § 2, 11-16-2021; Ord. No. 1682, § 2, 8-16-2022)