The location and boundaries of the zoning districts established herein are shown on the map entitled "Official Zoning District Map of the Town of Lochbuie, Colorado", which map is hereby made a part of this Chapter by reference. A copy of the Official Zoning District Map is on file at the office of the Town Clerk.

(Ord. 629 §1(Exh. A), 2017)

Except where otherwise indicated, zone district boundaries shall follow municipal corporation limits, section lines, one-quarter (¼) section lines, one-half (½) section lines, platted lot lines, and center lines of streets, alleys, roads, highways, channelized waterways, or extensions thereof.

(a)

For non-subdivided property or where a zone district boundary divides a lot or parcel, the location of such boundary, unless indicated by dimension, shall be determined by the scale of the official zoning map.

(b)

Where a zone district boundary coincides with a right-of-way line and the right-of-way is abandoned, the zone district boundary shall then follow the centerline of the former right-of-way.

(c)

Land which is not indicated as being in any zone district shall be considered to be included in the most restricted adjacent zone district even when such district is separated from the land in question by a public road, railroad, or utility right-of-way.

(d)

The Town Administrator shall have the authority to review, interpret, and determine any boundary disputes pursuant to this Section.

(Ord. 629 §1(Exh. A), 2017)

In order to carry out the provisions of this Chapter, the Town is hereby divided into the following zoning districts:

(a)

A: Agricultural District.

(b)

RR: Rural Residential District.

(c)

R-1: Single-Family Residential District.

(d)

R-2: Two-Family Residential District.

(e)

R-3: Multi-Family Residential District.

(f)

C: Commercial District.

(g)

MU: Mixed Use District.

(h)

I: Industrial District.

(i)

OS: Open Space District.

(j)

PUD: Planned Unit Development.

(Ord. 629 §1(Exh. A), 2017)

(a)

Intent. The purpose of the Agricultural District is to identify and zone land which may be suitable for accommodating an existing agricultural use, or to preserve areas which perform important natural functions.

(b)

Land use. Permitted and conditional principal uses are as shown in the Schedule of Uses in Section 19-2-230. Accessory uses shall be in conformance with Section 19-2-220(a). Temporary land uses are as shown in Table 2.10 and shall be in conformance with Section 19-2-225.

(c)

District standards. Lot and building requirements for principal structures shall be as shown in Table 2.1.

(d)

Accessory structures. Building requirements for accessory structures shall be as shown for principal structures in Table 2.1, unless otherwise specified. All accessory structures shall be in conformance with the provisions of Section 19-2-220(b).

(e)

All site development in the Agricultural District, including parking, landscaping, lighting, fencing, and building design, shall be in accordance with Article IV of this Chapter.

(f)

Signs shall be permitted in the Agricultural District in accordance with Article VI of this Chapter.

(Ord. 629 §1(Exh. A), 2017)

(a)

Intent. The purpose of the Rural Residential District is to provide a very low density residential environment that retains a rural atmosphere due to large lots, generous setbacks and the allowance of certain animals.

(b)

Land use. Land uses are permitted as shown in the Schedule of Uses in Section 19-2-230. Accessory uses shall be in conformance with Section 19-2-220(a). Temporary land uses are as shown in Table 2.10 and shall be in conformance with Section 19-2-225.

(c)

District standards. Lot and building requirements shall be as shown in Table 2.2.

(d)

Accessory structures. Building requirements for accessory structures shall be as shown for principal structures in Table 2.2, unless otherwise specified. All accessory structures shall be in conformance with the provisions of Section 19-2-220(b).

(e)

All site development in the Rural Residential District, including parking, landscaping, lighting, fencing, and building design, shall be in accordance with Article IV of this Chapter.

(f)

Signs shall be permitted in the Rural Residential District in accordance with Article VI of this Chapter.

(g)

Animal husbandry. The keeping of animals, fowl, and livestock shall be subject to the standards in Section 19-7-210 of this Chapter.

(Ord. 629 §1(Exh. A), 2017)

(a)

Intent. The purpose of the Single-Family Residential District is to identify and zone land for single family residential use, including manufactured homes on individual lots.

(b)

Land use. Land uses are permitted as shown in the Schedule of Uses in Section 19-2-230. Accessory uses shall be in conformance with Section 19-2-220(a). Temporary land uses are as shown in Table 2.10 and shall be in conformance with Section 19-2-225.

(c)

District standards. Lot and building requirements shall be as shown in Table 2.3.

(d)

Accessory structures. Building requirements for accessory structures shall be as shown for principal structures in Table 2.3, unless otherwise specified. All accessory structures shall be in conformance with the provisions of Section 19-2-220(b).

(e)

All site development in the R-1 District, including parking, landscaping, lighting, fencing, and building design, shall be in accordance with Article IV of this Chapter.

(f)

Signs shall be permitted in the R-1 District in accordance with Article VI of this Chapter.

(Ord. 629 §1(Exh. A), 2017)

(a)

Intent. The purpose of the Two-Family Residential District is to identify and zone land for predominantly medium density residential uses such as patio homes and paired homes (duplexes).

(b)

Land use. Land uses are permitted as shown in the Schedule of Uses in Section 19-2-230. Accessory uses shall be in conformance with Section 19-2-220(a). Temporary land uses are as shown in Table 2.10 and shall be in conformance with Section 19-2-225.

(c)

District standards. Lot and building requirements shall be as shown in Table 2.4.

(d)

Accessory structures. Building requirements for accessory structures shall be as shown for principal structures in Table 2.4, unless otherwise specified. All accessory structures shall be in conformance with the provisions of Section 19-2-220(b).

(e)

All site development in the R-2 District, including parking, landscaping, lighting, fencing, and building design, shall be in accordance with Article IV of this Chapter.

(f)

Signs shall be permitted in the R-2 District in accordance with Article VI of this Chapter.

(Ord. 629 §1(Exh. A), 2017)

(a)

Intent. The purpose of the Multi-Family Residential District is to provide a zoning district within the Town for higher density residential uses such as townhouse and apartment buildings.

(b)

Land use. Land uses are permitted as shown in the Schedule of Uses in Section 19-2-230. Accessory uses shall be in conformance with Section 19-2-220(a). Temporary land uses are as shown in Table 2.10 and shall be in conformance with Section 19-2-225.

(c)

District standards. Lot and building requirements shall be as shown in Table 2.5.

(d)

Accessory structures. Building requirements for accessory structures shall be as shown for principal structures in Table 2.5, unless otherwise specified. All accessory structures shall be in conformance with the provisions of Section 19-2-220(b).

(e)

All site development in the R-3 District, including parking, landscaping, lighting, fencing, and building design, shall be in accordance with Article IV of this Chapter.

(f)

Signs shall be permitted in the R-3 District in accordance with Article VI of this Chapter.

(Ord. 629 §1(Exh. A), 2017)

(a)

The purpose of the Commercial District is to provide a zoning district for the location of businesses typically oriented along major thoroughfares.

(b)

Land use. Land uses are permitted as shown in the Schedule of Uses in Section 19-2-230. Accessory uses shall be in conformance with Section 19-2-220(a). Temporary land uses are as shown in Table 2.10 and shall be in conformance with Section 19-2-225.

(c)

District standards. Lot and building requirements shall be as shown in Table 2.6.

(d)

Accessory structures. Building requirements for accessory structures shall be as shown for principal structures in Table 2.6, unless otherwise specified. All accessory structures shall be in conformance with the provisions of Section 19-2-220(b).

(e)

All site development in the Commercial District, including parking, landscaping, lighting, fencing, and building design, shall be in accordance with Article IV of this Chapter.

(f)

Signs shall be permitted in the Commercial District in accordance with Article VI of this Chapter.

(Ord. 629 §1(Exh. A), 2017)

(a)

Intent. The purpose of the Mixed Use District is to provide for the development of a wide range of community and regional retail uses, offices, limited light industrial uses and personal and business services. It also accommodates medium and high density residential housing units.

(b)

Land use. Land uses are permitted as shown in the Schedule of Uses in Section 19-2-230. Accessory uses shall be in conformance with Section 19-2-220(a). Temporary land uses are as shown in Table 2.10 and shall be in conformance with Section 19-2-225.

(c)

District standards. Lot and building requirements shall be as shown in Table 2.7.

(d)

Accessory structures. Building requirements for accessory structures shall be as shown for principal structures in Table 2.7, unless otherwise specified. All accessory structures shall be in conformance with the provisions of Section 19-2-220(b).

(e)

All site development in the MU District, including parking, landscaping, lighting, fencing, and building design, shall be in accordance with Article IV of this Chapter.

(f)

Signs shall be permitted in the MU District in accordance with Article VI of this Chapter.

(Ord. 629 §1(Exh. A), 2017)

(a)

The purpose of the Industrial District is to provide a zoning district for light industrial and manufacturing operations.

(b)

Land use. Land uses are permitted as shown in the Schedule of Uses in Section 19-2-230. Accessory uses shall be in conformance with Section 19-2-220(a). Temporary land uses are as shown in Table 2.10 and shall be in conformance with Section 19-2-225.

(c)

District standards. Lot and building requirements shall be as shown in Table 2.8.

(d)

Accessory structures. Building requirements for accessory structures shall be as shown for principal structures in Table 2.8, unless otherwise specified. All accessory structures shall be in conformance with the provisions of Section 19-2-220(b).

(e)

All site development in the Industrial District, including parking, landscaping, lighting, fencing, and building design, shall be in accordance with Article IV of this Chapter.

(f)

Signs shall be permitted in the Industrial District in accordance with Article VI of this Chapter.

(Ord. 629 §1(Exh. A), 2017)

(a)

The Open Space district is intended to preserve open land for public uses and essential utility structures.

(b)

Land use. Land uses are permitted as shown in the Schedule of Uses in Section 19-2-230. Accessory uses shall be in conformance with Section 19-2-220(a). Temporary land uses are as shown in Table 2.10 and shall be in conformance with Section 19-2-225.

(c)

District standards. Lot and building requirements shall be as shown in Table 2.9.

(d)

Accessory structures. Building requirements for accessory structures shall be as shown for principal structures in Table 2.9, unless otherwise specified. All accessory structures shall be in conformance with the provisions of Section 19-2-220(b).

(e)

All site development in the OS District, including parking, landscaping, lighting, fencing, and building design, shall be in accordance with Article IV of this Chapter.

(f)

Signs shall be permitted in the OS District in accordance with Article VI of this Chapter.

(Ord. 629 §1(Exh. A), 2017)

(a)

Intent and general purpose.

(1)

The PUD overlay district, as the name implies, "over-lays" the applicable base zoning district and alters some of the zoning and development regulations that would normally apply tb master-planned developments on large parcels of land.

(2)

The general purpose of a PUD overlay is to offer an alternative to the Town's adopted land use regulations that provides flexibility in the design process and ensures a more desirable development project and more efficient utilization of land than might otherwise be achievable.

(3)

In return for the flexibility in the strict application of this Chapter, development proposals utilizing a PUD overlay district must be based on a detailed community vision for a specific place, contain extraordinary features, provide exceptional benefits to the Town, ensure timely provision of essential public infrastructure, and generally be of a higher quality than what would normally result from strictly applying the standards of the underlying zone districts.

(4)

A PUD overlay district is intended to be the vehicle for applying new techniques to community development. It is not intended as an end-run around conventional zoning, or solely as a vehicle to enhance a proposed development's economic feasibility.

(b)

Applicability. To be eligible for a PUD overlay zone district designation, an application must qualify as either a Type 1 or 2 PUD overlay.

(1)

Type 1. To qualify as a Type 1 PUD overlay, the proposal must satisfy all the following criteria:

a.

The land proposed for the PUD overlay zone designation is at least forty (40) contiguous acres in area;

b.

The proposed development project provides for and contains a mix of varying residential uses and housing options (e.g., single-family detached, townhomes, cluster homes with shared driveways, duplex, multi-family housing). Non-residential uses, such as civic uses, commercial, retail, entertainment, manufacturing, industrial, office, and other business uses may also be included; and

(2)

Type 2. To qualify as a Type 2 PUD overlay, the proposal must be a commercial or industrial project consisting of at least thirty thousand (30,000) square feet of floor area.

(c)

General provisions.

(1)

Procedure. The procedures of this Section shall apply to all PUD overlay district applications at initial zoning for annexation or as a rezoning of a property from another district.

(2)

PUD plan required. The PUD overlay district specific regulations are required to be outlined in a planned unit development plan ("PUD-Plan"). The PUD-Plan shall comprehensively detail the layout and design of the entire PUD overlay district to show conformance with this section; to illustrate where and how modification of specific regulations of this Chapter will occur; and to delineate where and how a net public benefit not otherwise achievable through a base zoning district has been provided. The PUD-Plan is required to be approved before any development of land within the PUD overlay district may occur.

(3)

Conformance with plan. The PUD-Plan's provisions shall govern the development within the PUD overlay district; provided, however, that where the provisions of the PUD-Plan do not address a particular subject, the relevant provisions of this Chapter, as amended, or any other applicable ordinance or regulation of the Town shall apply.

(4)

Rezoning required. Designation of a PUD overlay zone district and creation of a PUD-Plan shall require an official map amendment according to Section 19-2-170, Rezoning, to apply the desired PUD overlay district and PUD-Plan to the property.

(5)

Allowed modifications.

a.

Type 1 PUD overlays may only propose modifications to:

1.

Art. II, Division 1: Lot and building dimensional standards;

2.

Art. II, Division 2: Use regulations;

3.

Art. IV, Division 1: Subdivision layout and design standards;

4.

Art. IV, Division 3: Fencing standards;

5.

Art. VI, Divisions 3 and 4: Sign standards; and

6.

Art. VII, Division 2: Supplemental use standards.

b.

Type 2 PUD overlays may only propose modifications to:

1.

Art. II, Division 1: Lot and building dimensional standards that apply within C, MU, and I zoning districts;

2.

Art. IV: Landscaping, fencing, and building design standards; and

3.

Art. VI, Divisions 3 and 4: Sign standards.

c.

PUD overlays may not reduce, decrease, eliminate or otherwise altogether abrogate any of the following standards:

1.

Parking requirements;

2.

Exterior lighting standards;

3.

Oil and gas wells and production facility requirements;

4.

Stormwater requirements;

5.

Parks, open space, and trails dedication requirements;

6.

Natural and scenic resource protection requirements;

7.

Floodplain protection;

8.

Engineering and construction specifications (pavement and wet utility specifications, drainage requirements, etc.);

9.

Water resources policy;

10.

Building and fire codes;

11.

Fees (staff consultant billing, etc.);

12.

Impact fees;

13.

Fees associated with all Town enterprises, including without limitation, water utility services, wastewater utility services, water rights dedication, stormwater construction and stormwater utility services;

14.

Subdivision platting and development review and approval processes; and

15.

Any minimum standards meant to protect the health, safety, and general well-being of the general public.

(6)

Concurrent processing. While the subdivision platting and site planning processes are separate and legally distinct from the PUD overlay approval process, applicants are encouraged to coordinate PUD overlay rezoning applications with either or both. Accordingly, subdivision review required under Article III, or Site Plan review for one (1) or more stages of a PUD-Plan required under Article I, if applicable, may be conducted concurrently with the review of a PUD overlay zone district under this Section, if all information required for each such application type is provided.

(7)

Impact fee credits. No impact fee credits shall be available or granted for the dedication of parks, open space, trails, infrastructure, and/or other value-added amenities otherwise required by this Chapter.

(8)

Variances. Within any established PUD overlay district, applicants may seek authorized zoning variances pursuant to Section 19-1-340(b).

(d)

Submittal requirements; PUD plan and contents.

(1)

Each PUD overlay zone district request shall contain a written statement by the applicant that contains information regarding:

a.

The character and development concept for the PUD overlay.

b.

A comparative chart that lists all Lochbuie Land Use Regulations that are requested to be modified and the proposed modified PUD regulation that will replace it.

c.

Justification statement for each requested modification to the Lochbuie Land Use Regulations.

d.

A use matrix listing all principal and accessory uses permitted by right and by conditional uses.

e.

How the proposed development, on balance, is an improvement over what would normally be achievable under these regulations.

f.

A development schedule that identifies timing and phasing of development, if the applicant intends to accomplish the development in phases or over an extended period of time (if available).

g.

General consistency of the development with the Town of Lochbuie Comprehensive Plan and all other pertinent Town plan and policy documents.

h.

General compatibility with, and effect on, surrounding properties.

i.

Provision for adequate utilities, police, fire, and school services.

(2)

PUD-Plan contents: A PUD-Plan that contains the following elements:

a.

A land use summary chart that identifies, by each land use type, the:

1.

Area and percent of total area;

2.

Number of lots;

3.

Number of dwelling units;

4.

Dwelling units per gross-acreage;

5.

Square footage of non-residential;

6.

Minimum lot sizes;

7.

Minimum setbacks; and

8.

Maximum building height.

b.

A site data summary chart that identifies the:

1.

Parks and open space dedication total;

2.

Private parks and open space total; and

3.

Parking requirements.

c.

Conceptual layout of the proposed development clearly identifying all proposed land uses, parks and open spaces, trail network, parking, loading, and vehicular and pedestrian circulation regional drainage facilities, arterial and major collector roadways, and other relevant features, utilizing "bubble plan" format and general "planning areas."

d.

Oil/gas plan for plugged and abandoned, existing, and proposed facilities, easements, and setbacks;

e.

Commercial and residential building elevations, building floor plans and architectural elevations, if available;

f.

Additional provisions:

1.

The Town may require additional reasonable provisions as appear necessary or desirable for the protection of adjoining or nearby properties and to fully evaluate the proposed modifications to the Lochbuie Land Use Regulations.

2.

In addition to the required elements stated in this Subsection, a PUD-Plan may include design standards different than the type and subject matter of standards included in this Chapter, including without limitation, enhanced standards set forth in Subsection (1).

(3)

Other information, including but not limited to, facility siting study, market feasibility analyses, preliminary lotting plans, preliminary traffic, utility, and drainage studies/reports, may also be required to be submitted with any type of PUD overlay application.

(e)

Review and approval procedures.

(1)

The common development review procedures set forth in Sections 19-1-215 through 19-1-235 of this Chapter shall apply to all types of PUD overlay applications under this Section.

(2)

Initiation. The application to establish a PUD overlay zoning district must include written consent from all the real property owners within the boundaries of the property that is the subject of the application.

(3)

Public hearing. As required by Sections 19-1-215 and 19-1-220, no PUD overlay zone district shall become effective nor shall any such regulation restriction or boundary be amended until after public hearing. For all types of PUD overlay applications, the Board of Trustees shall hold a hearing on the request, including approval of the proposed PUD-Plan. The Board of Trustees may approve the requested PUD overlay district designation and accompanying PUD-Plan in a single ordinance.

(4)

Approval standards. The PUD-Plan shall be approved only if the Board of Trustees finds that the proposal meets all of the following standards:

a.

The PUD-Plan is generally consistent with or promotes the applicable goals and/or policies of the Comprehensive Plan for the land that is the subject of the PUD-Plan, and any other applicable Town adopted plans and/or policies, or if the proposed PUD-Plan would be in conflict with such goals or policies of the Comprehensive Plan, then the PUD-Plan implements the Comprehensive Plan to a demonstrated higher design and development standard than could be accomplished under application of base zone districts and development standards;

b.

The PUD-Plan complies with the intent and general purpose of PUDs as provided in Section l 9-2-l 65(a) and all applicable requirements and standards stated in this Section;

c.

The proposed development project cannot be reasonably accommodated or achieved under conventional zoning district standards and other available regulations of this Chapter; and

d.

The PUD-Plan provides unique or greater net benefits to the community as a whole above and beyond what can be reasonably achieved by development under conventional zoning district regulations, or, where applicable, would result in a project that is beneficial to the Town's economic development.

(f)

Effect of PUD-Plan approvals.

(1)

Approval of PUD-Plan shall have the same effect as a rezoning-that is, the standards and provisions of the plan shall constitute the zoning regulations for use and development of the subject property.

a.

Effect of underlying zone district designation. All of the provisions of the underlying zone district shall be in full force and effect, unless such provisions are specifically varied by the provisions of the PUD overlay zone district. When no PUD overlay district standards are specified, the base district standards and all other applicable regulations of this Code will govern.

b.

Effect of overlay zone district designation. All development applications within a PUD overlay zone district shall comply with the applicable provisions of that PUD-Plan, and the underlying zone district, and shall be reviewed under this Code to assure such compliance. Where the provisions of the PUD-Plan are different from or more restrictive than (the provisions of the underlying zoning designation, the provisions of the PUD-Plan shall apply. A change in the underlying zone district does not change the content or applicability of the PUD-Plan's provisions.

(2)

After the PUD overlay district rezoning with a PUD-Plan is approved, one (1) or more site plans or subdivision plats shall be submitted for each phase of development and shall follow the general development concept established in the PUD-Plan. No building permits may be issued and no work may commence until platting and a Site Plan for specific components of the PUD-Plan have been approved according to Sections 19-3-210 and 19-1-210 of this Chapter. In addition to all other information and criteria required for those applications, submittals under an approved PUD-Plan shall demonstrate that all applicable standards, requirements, and conditions of the PUD-Plan have been met

(3)

A Site Plan or final plat within a PUD overlay district may be for the entirety of the district, or for only one (1) or more phases of the entire PUD overlay district area. The approval of a site plan or final plat for any one (1) phase of the PUD overlay district may be contingent on improvements that involve other or all phases. In any site plan or subdivision approval application for less than the entirety of the PUD overlay district, the applicant shall submit plan exhibits that clearly show the relation of the subject site development phase(s) to the remainder of the PUD overlay district area.

(g)

Lapse.

(1)

Areas covered by an approved PUD-Plan may be considered by the Board of Trustees for rezoning to a more appropriate classification, if a complete final plat and/or site plan for at least one (1) phase of the PUD overlay district has not been approved within thirty (30) months following approval of the PUD-Plan. The Board of Trustee's actions regarding a rezoning of the property shall be by ordinance at a public hearing in accordance with this Chapter.

(2)

If a PUD-Plan has been revoked by the Board of Trustees, the property will remain zoned as a PUD overlay zone district without a PUD-Plan. Development of the property, as a PUD overlay zone district, will require a new PUD-Plan that shall be reviewed and processed in the same manner as required for the original application.

(h)

Variances. Within any established PUD overlay district, applicants may seek authorized zoning variances pursuant to Section 19-1-340(b).

(i)

Minor amendments.

(1)

Applicability. Changes to an approved PUD-Plan shall constitute "minor amendments" when one (1) or more such changes, in cumulative total (when compared to the original overlay regulations) would:

a.

Not cause a change to any quantitative development standards by greater than ten percent (10%);

b.

Change non-quantitative development standards for purposes of alternative compliance that results in a product of equal or higher quality;

c.

Not result in a significant change to the land use plan; or

d.

Add a permitted use not previously included in the PUD overlay that is similar to, synonymous with, customarily adjacent to, comparable to, or otherwise compatible with uses that are permitted in the PUD overlay.

(2)

Conditions of approval. Town staff may attach any condition of approval to a minor amendment necessary to protect the health, safety, and welfare of the community, to secure the objectives of the modified standard, and to minimize adverse impacts on adjacent properties.

(3)

Documentation. Any approved minor amendment shall be identified on the approved plat, PUD-Plan, or approving document for which the modifications were sought. By way of illustration, if a minor amendment is sought during the site plan review process, the approved minor amendment shall be recorded as an addendum to the site plan. Approved minor amendments may also be documented in an approval letter. Denial of a minor amendment does not preclude the filing of a new variance or rezoning application.

(4)

Process.

a.

All applications for minor amendments shall be made in the form of a written request from the applicant and shall contain all information deemed relevant to the request by the Town.

b.

Town staff shall review the application to determine whether the application qualifies as a minor amendment and is authorized to approve, approve with conditions, or deny the application based on the approval criteria below.

c.

Town staff reserves the right to refer minor amendment requests to the Board of Trustees for consideration.

(5)

Approval criteria. Town staff may approve the minor amendment only upon finding that at least one (1) of the following approval criteria is met:

a.

The amendment is necessary to satisfy the federal requirements for reasonable accommodation of housing for protected groups under the Federal Fair Housing Amendments Act; or

b.

The amendment is necessary to eliminate a substantial burden on religious exercise as guaranteed by the federal Religious Land Use and Institutionalized Persons Act of 2000; or

c.

All of the following criteria have been met:

1.

The requested amendment is either:

i.

Of a technical nature and is required to compensate for some practical difficulty or unusual aspect of the site or the proposed development that is not shared by landowners in general;

ii.

An alternative or innovative practice that reasonably achieves the objective of the existing standard sought to be modified.

2.

The amendment is consistent with the stated intent and purpose of the approved PUD-Plan; and

3.

The requested amendment will have no significant adverse impact on the health, safety, or general welfare of surrounding property owners or the general public, or such impacts will be reasonably mitigated to the maximum extent feasible.

(j)

Major amendments.

(1)

Applicability. Requests for deviations or modifications to an approved PUD-Plan that do not meet the criteria for changes that constitute "minor amendments" under this section will be considered a "major amendment."

(2)

Process. Within existing PUD overlay zone districts, an application for approval of an amended PUD-Plan for all or a portion of an the property encompassed within the plan that constitutes a "major amendment" shall be reviewed and processed in the same manner as required for the original application, except that the application to amend the PUD-Plan need only include written consent from all the real property owners within the boundaries of the property that is the subject of the major amendment. The Board of Trustee's action regarding a major amendment application shall be by ordinance.

(k)

Elevated design requirements. An applicant shall include features in the PUD-Plan that are intended to elevate the design of the development and provide a product that is of an overall higher quality than what would have resulted through strict application of the standards in the underlying zoning district. All PUD-Plans for Type 1 PUD overlays shall incorporate all the following elements, through specific standards, while PUD-Plans for Type 2 overlays shall incorporate elements addressed in provisions (7) and (8) below:

(1)

Parks, open space, and recreational amenities. Successful PUD applications shall incorporate one (1) of the following two (2) options (or an acceptable combination thereof) into the PUD-Plan:

a.

Increased open space acreage: In addition to the minimum parkland and open space dedication requirements of this Chapter, the applicant shall incorporate an additional three (3) acres of parks and open space into the PUD-Plan for every thousand (1,000) anticipated residents; or

b.

Exceptional amenities: Parks and open spaces may also include more plentiful and higher-quality amenities, such as recreation centers, swimming pools, splash pads, skate parks, pump tracks, ball fields, clubhouses, exercise facilities, and other comparable recreational features.

(2)

Increased pedestrian/bike connectivity. The applicant shall incorporate above-average pedestrian and bike connectivity within the development and with adjacent developments. All parks and open spaces shall be connected via a robust, multi-modal trail network consisting of concrete construction.

(3)

Attractive streetscapes and common areas. The provision of attractive entryways and other key common area locations along development perimeters and throughout the community above and beyond underlying requirements of this Chapter is required. Landscapes utilizing masonry walls, decorative fencing, public art, pavers, stamped concrete, and/or similar features, in addition to live plantings, are required.

(4)

Elevated building architecture. The inclusion of a wide variety of high-quality, attractive building designs and materials is required as follows:

a.

All residential and commercial buildings shall generally employ a 360-degree design approach and include stone, brick, or masonry treatment, along with a variety of other materials, appropriate colors, and architectural features.

b.

Residential developments shall offer a minimum of five (5) different home floorplans and a diversity plan that ensures homes of identical or similar design are not located too close to each other.

c.

The architectural style of the development shall be clearly defined in the PUD-Plan and shall be applied to all future developments within the PUD overlay zone district.

(5)

Low-water landscaping. The use of xeric design (xeriscaping), incorporating a combination of drought-tolerant plants and other materials, is required. Landscape plans shall include planting elements, such as trees, shrubs, and live ground cover.

Landscape plans that only include inorganic materials (rock mulch, pavement, paver stones) are prohibited.

(6)

Adequate parking facilities. Lot size and setback reductions and density increases that may result in more vehicles in a smaller area must be balanced with appropriate parking strategies. Developers proposing higher-density housing products, such as duplexes and townhomes, particularly those with a front-loaded design and limited ability for street parking, must employ whatever combination of strategies as may be necessary to address parking demand to the satisfaction of the Town. Such strategies may include, but will not be limited to the following:

a.

Parking "pods" strategically placed throughout the development containing up to twenty (20) parking stalls each.

b.

Parking lots designed to accommodate more than twenty (20) vehicles in key locations in the development.

c.

Alley-loaded housing products that allow for some on-street parking in front of homes, in addition to garage and driveway stalls accessed from alleys.

d.

Deeper driveways (twenty-two (22) feet or more) that accommodate parking for larger trucks and SUVs.

e.

Street cross-sections that accommodate on-street parking either through dedicated parking lanes, "bulb-outs," or similar.

f.

Parking structures centrally located in large developments capable of supporting the associated cost.

(7)

Other reasonable and comparable enhancements to the design of the development or the Town's infrastructure, or similar contributions may be considered as alternatives to the features above on a case-by-case basis.

(m)

Permitted uses.

(1)

A PUD-Plan shall permit any use that is listed as permitted ("P") in the underlying standard zoning district for the property and shall specify all other permitted primary, accessory and temporary uses that are being added to the list of permitted uses and those uses that are being prohibited.

(2)

Conditional ("C") uses may also be included in the PUD-Plan if it can be demonstrated that such uses meet the conditional use review criteria for the underlying zoning district.

a.

A PUD-Plan may subject the establishment of a permitted use to the conditional use approval procedure established in Section 19-2-210. However, a PUD-Plan shall not establish or include any conditional use review procedure different from that enumerated in Section 19-2-210.

(3)

All use limitations in these regulations shall apply to the uses in the PUD-Plan unless expressly waived or modified in the PUD-Plan.

(4)

An applicant may request, or the Town may require, modifications to the allowable uses in the underlying zoning district(s) to remove those uses that may be deemed incompatible with or otherwise inappropriate or undesirable for inclusion in the overall PUD development.

(5)

A PUD overlay zone district may be used to restrict uses or to establish additional restrictions and standards on those uses listed as permitted principal or accessory uses in the underlying zoning district classification. By way of illustration only, a PUD-Plan may contain a restriction that the aggregate of all accessory uses may not exceed a defined percentage of the total square footage of all buildings on the property.

(6)

Modifications to the permitted uses of the underlying zoning districts to add uses that would not usually be permitted may also be requested under the following conditions:

a.

As determined through the objective consideration of Town staff, modifications to an underlying zone district shall not be permitted to include uses that are inherently incompatible with those other uses permitted in that underlying zoning district. For example, single-family residential districts may not be modified to also allow for certain uses that should never be located in close proximity to residential neighborhoods, such as regional airports or other uses of similar scale and/or potential for impact;

b.

The extent of the modifications shall be minimal. Wholesale rewriting of any aspect of the underlying code shall not be permitted. In instances where substantial additions to the permitted uses of an underlying zone district are proposed, other strategies, such as the utilization of additional underlying zone districts, shall be explored;

c.

The locations of individual uses or more general use types that are proposed for development shall be clearly identified on the concept map in the required PUD Plan; and

d.

The PUD-Plan shall clearly demonstrate that potential impacts of uses of higher density or intensity on uses of lower density or intensity will be sufficiently mitigated through a combination of design strategies and use configurations, including setbacks, buffering, screening, architectural features, density gradients, use separation, alternative transportation routes, maximum/minimum land use areas, and/or other relevant approaches. The following minimum setbacks and other limitations shall apply:

1.

Within PUD Plans, individual retail commercial uses and commercial centers may be located along the perimeter of residential areas where served by arterial and larger collector roadways. Such uses shall be subject to the following minimum standards:

i.

Individual retail commercial uses and centers up to forty thousand (40,000) sf shall be set back a minimum of one hundred (100) feet from single-family residential, duplexes and townhomes.

ii.

Individual retail commercial uses and centers more than forty thousand (40,000) sf shall be set back a minimum of two hundred (200) feet from single-family residential, duplexes and townhomes.

iii.

Fueling stations, truck stops and similar uses typically found in commercial zone districts shall be set back a minimum of three hundred (300) feet from single-family residential, duplexes, and townhomes.

iv.

Setbacks shall be measured from primary and/or accessory retail/commercial structures to the property line of the adjacent residential use.

2.

Within PUD Plans, individual light industrial uses may be located adjacent to residential areas where served by arterial and larger collector roadways. Such uses shall be subject to the following minimum standards:

i.

Individual industrial uses and industrial complexes shall be set back a minimum of two hundred fifty (250) feet from single-family residential, duplexes, and townhomes.

ii.

Fueling stations, truck stops, and similar uses typically found in commercial zone districts shall be set back a minimum of three hundred (300) feet from single-family residential, duplexes, and townhomes.

iii.

Setbacks shall be measured from primary and/or accessory industrial structures to the property line of the adjacent residential use.

3.

A PUD overlay zone district may require other setbacks and design strategies to ensure compatibility between uses that would not normally be permitted in the same zone district.

(n)

Transitional regulations.

(1)

Purpose. The purpose of transitional regulations is to resolve the status of properties located within existing approved PUDs at the time of the adoption of the ordinance enacting this section.

(2)

Existing approved projects. PUDs approved and recorded prior to the effective date of the ordinance creating this section, June 5, 2025, may continue to be completed under the terms of their approved agreements and plans of development. All park and open space dedication requirements memorialized in the existing approved PUD agreements and plans of development continue to apply to the completion of such existing PUDs (unless amended as permitted herein).

(Ord. 629 §1(Exh. A), 2017; Ord. 650 §10, 2020; Ord. 705 §2, 2025)

(a)

The Board of Trustees may amend the boundaries of any zone district as shown on the Zoning District Map by following the procedures in this Section.

(1)

Rezoning of individual property may be initiated by the Town, by citizen petition or by application filed by the landowner.

(2)

Requests for rezoning initiated by the Board of Trustees or Town staff will be prepared as a draft ordinance by the Town Attorney and Town staff and shall be reviewed and considered by the Board of Trustees at a public hearing. In this instance, the Town shall be considered to be the applicant.

(3)

To initiate a rezoning of private property, the petitioner must be the owner of the affected property or a citizen of the Town who has submitted the application with a petition signed by owners of a majority of the land affected by the request. In this instance, the person submitting the application shall be considered to be the applicant.

(b)

Public hearing. As required by Sections 19-1-215 and 19-1-220 no rezoning shall become effective nor shall any such regulation restriction or boundary be amended until after public hearing.

(c)

The Board of Trustees may not determine that the zoning map should be amended (rezoning of property) unless the rezoning is consistent with the goals and policies of the Comprehensive Plan and promotes the general welfare of the community. If a proposed rezoning is inconsistent with the Comprehensive Plan, the request may only be approved if the applicant demonstrates that the requested rezone is justified because of changed or changing conditions in the particular area, in the Town in general or that the rezoning is necessary to correct a manifest error in the existing zone classification.

(d)

The Board of Trustees may consider the following evaluation criteria for the analysis of rezoning applications:

(1)

The compatibility of the rezoning proposal with the surrounding zone districts and land uses in the vicinity of the site of the rezoning including the characteristics of the existing neighborhood, the applicable area and bulk requirements, and the suitability of the site for development in terms of on-site characteristics;

(2)

The impacts of the rezoning upon expected traffic generation and road safety, availability of on-site and off-site parking and the availability of adequate utility services and street access to the site;

(3)

The impacts of the land uses of the proposed rezoning upon expected environmental quality including air and water quality;

(4)

The community need for the proposed rezoning and the relationship of the proposed rezoning to the goal of overall community balance; and

(5)

Compatibility with the Comprehensive Plan.

(e)

An approved change shall be by appropriate ordinance and necessary changes in the Official Zoning District Map shall be made promptly.

(f)

In case of a protest against a proposed change, signed by the owners of twenty percent (20%) or more, either of the area of the lots included in such proposed change, or of those immediately adjacent in the rear thereof extending one hundred (100) feet therefrom, or of those directly opposite thereto, extending one hundred (100) feet from the street frontage of such opposite lots, such amendment shall not become effective except by the favorable vote of three-fourths (¾) of the members of the Board of Trustees.

(g)

The Board of Trustees may, upon the request of the Town staff or on its own motion, initiate a procedure for rezoning a significant area of the Town, consisting of six (6) or more individual ownership parcels. This rezoning is a legislative, not a quasi-judicial act, and may be accomplished by ordinance without notice to individual landowners. The procedure for legislative rezoning shall be as follows:

(1)

Requests for legislative rezoning initiated by the Board of Trustees or Town staff will be prepared as a draft ordinance by the Town Attorney and Town staff and shall be reviewed and considered by the Board of Trustees in a public hearing. In this instance, the Town shall be considered to be the applicant.

(2)

Notice of the public hearing before the Board of Trustees shall be given by publication of the request and descriptive material identifying the area proposed to be rezoned, the present zoning, and the proposed zoning. The notice shall be published in a newspaper of general circulation in the Town and by posting at the Town offices. Separate notice to individual property owners is not required, but may be given in the sole discretion of the Town. The Town's choosing not to give such individual notice shall not be a basis for challenge of the legislative rezoning.

(3)

The Board of Trustees shall consider the public testimony, the recommendations of the Comprehensive Plan, and the interests of the Town in general when considering a legislative rezoning.

(4)

The action of the Board of Trustees in approving a legislative rezoning shall be recorded on the Official Zoning District Map.

(Ord. 629 §1(Exh. A), 2017; Ord. 650 §11, 2020)

(a)

Setbacks; general. Setbacks shall be unoccupied and unobstructed by any structure or portion of a structure from thirty (30) inches above grade upward; provided, however, that fences, walls, trellises, poles, posts, ornaments, furniture and other customary yard accessories may be permitted in any setback subject to height limitations and requirements limiting obstruction of visibility.

(1)

A building, structure, or lot shall not be developed, used, or occupied unless it meets the minimum setback requirements set forth for the zoning district in which it is located, except as otherwise established in this Chapter or unless a variance has been granted.

(2)

A setback or other open space required by this Chapter shall not be included as part of a setback or other open space required by this Chapter for another building or structure or lot.

(b)

Projections into required setbacks. The following structures may project into required front, side or rear setbacks as follows:

(1)

Paved patios or terraces may project into any required setback, provided that no structures placed on them shall violate other requirements of this Chapter.

(2)

Unroofed landings, decks and stairs may project into required setbacks, provided that the floor shall not extend higher than thirty (30) inches above the finished grade level and the projection is at least five (5) feet from the lot line.

(3)

Unroofed exterior balconies may project into a required side or rear setback provided these projections are at least five (5) feet from the side lot line and ten (10) feet from the rear lot line.

(4)

Cornices, eaves, canopies, window wells, chimneys, bay windows, ornamental features, and other similar architectural features may project not more than two (2) feet into any required setback provided these projections are at least five (5) feet from the lot line.

(5)

Roofs over porches, stairways, landings, terraces, or other exterior approaches to pedestrian doorways may project up to six (6) feet into a front setback, provided that the roof projections shall comprise no more than fifty percent (50%) of the total length of the building's façade. The covered porch or entrance area projecting into the front setback shall remain exterior to the building and enclosed by no more than a railing. The projection shall be at least five (5) feet from the property line.

(6)

The Town Administrator may allow the installation of handicap access ramps in required front, side, and rear setbacks. The design and placement of the ramps shall be reviewed to ensure that:

a.

The ramp has minimal visual impact on abutting properties;

b.

The width of the ramp does not exceed forty-eight (48) inches.

(c)

A private garage or carport may project into a required setback abutting an alley, provided the projection is at least five (5) feet from the property line. The private garage or carport shall be subject to the other requirements of this Chapter.

(1)

Fences and walls may project into any required setback and shall be in accordance with other requirements of this Chapter.

a.

Projections into easement and rights-of-way prohibited. Projections shall not extend or encroach into any easement(s) or right(s)-of-way.

b.

Contextual front setbacks. In addition to permitted projections described in Subsection (b) above, the following exceptions to the front setback requirement for dwellings abutting local streets (not collector or arterial streets) are authorized for a lot in any district.

(2)

If there are dwelling units on both abutting lots with front setbacks of less than the required depth for the district, the front setback for the lot need not exceed the average front yard of the abutting dwelling units.

(3)

If there is a dwelling unit on one (1) abutting lot with a front setback of less than the required depth for the district, the front setback for the lot need not exceed a depth one-half (½) way between the depth of the abutting lot and the required setback depth.

a.

Height exceptions for appurtenances. Except as specifically provided elsewhere in this Chapter, the height limitations contained in this Chapter do not apply to spires, belfries, cupolas, chimneys, heating and ventilation equipment, elevator housings, stairwell towers or similar appurtenances; provided, however, the following:

(4)

The appurtenance does not interfere with FAA Regulations;

(5)

The appurtenance does not extend more than twenty-five (25) feet above the maximum permitted building height, except for church belfries that must be of greater height in order to function; and

(6)

The appurtenance is not constructed for the purpose of providing additional floor area in the building.

(Ord. 629 §1(Exh. A), 2017)

Those uses designated as permitted in the zone district provisions are allowed as a matter of right and without special authorization.

(Ord. 629 §1(Exh. A), 2017)

(a)

Uses designated as conditional uses are contingent uses which may or may not be appropriate in a particular location depending on the nature of the proposed use, its relationship to surrounding land uses and its impact on traffic capacities, potential environmental effects, compatibility with the neighborhood, and conformance with the Comprehensive Plan. It is the intent of these regulations to provide a review of conditional uses so that the community is assured that any proposed conditional uses are suitable for the proposed location and are compatible with the surrounding land uses.

(b)

An application for a conditional use shall be subject to the review procedures noted in Section 19-1-215 and all other requirements of this Chapter.

(c)

In considering an application for a conditional use, the Board of Trustees shall consider whether and find that:

(1)

The use is compatible with all existing uses on land adjacent thereto.

(2)

The use will not unnecessarily scar the land and soil upon which such use is to be placed, leaving deleterious effects such as denuded slopes, uncovered soil piles to be blown away, scars upon areas of natural beauty, unguarded holes or pits.

(3)

Uses with unsightly aspects, odors or noise must be set back a sufficient distance from adjacent property boundaries and proper fencing or screening provided so that the adjacent property is not adversely affected.

(4)

The use shall not create air or water pollution.

(5)

The use is consistent with a contiguous and orderly pattern of development within the Town and is consistent with the adopted Comprehensive Plan.

(6)

The proposed use conforms with all supplemental regulations related to the use.

(d)

The Board of Trustees may impose conditions on a conditional use approval designed to lessen the adverse impacts, if any, of the conditional use, to protect the health, safety and welfare of Town residents, and to ensure compliance with all other applicable provisions of this title.

(e)

A conditional use approval may be revoked by the Board of Trustees for failure to comply with any the terms and conditions attached to such approval. Prior to revocation, the applicant shall be notified, in writing, of the Board's consideration of the revocation at least ten (10) days prior to such consideration. Such notice may be personally served, mailed to the applicant's last known address by First Class U.S. Mail, or conspicuously posted on the property upon which the use is located. When the Board of Trustees considers the revocation, the applicant may appear, present evidence on his own behalf and cross-examine any witnesses who testify in favor of revocation. If the conditional use approval is revoked, the Board of Trustees shall issue written notice of revocation within ten (10) days of the completion of its consideration thereof. Such notice may be served personally upon the applicant or mailed to his last known address by First Class U.S. Mail.

(f)

At the time of approval, the Board of Trustees may, in its discretion, specify that the length of the conditional use approval is one (1) of the terms provided below. In the absence of any specific findings or orders of Board of Trustees concerning the length of an approved conditional use, the conditional use approval shall be deemed to be non-transferable and personal to the applicant. A conditional use approval may:

(1)

Be personal to the original applicant,

(2)

Run with the original location for which the permit is approved, or

(3)

Be otherwise transferable, upon such terms and conditions specified by the Board of Trustees.

(Ord. 629 §1(Exh. A), 2017; Ord. 656 §3, 2020)

The primary use of a lot is referred to as a principal use which may be a land use or a structure. Only one (1) principal use per lot is allowed except where a mix of residential and nonresidential uses may be permitted in a specified zone district.

(Ord. 629 §1(Exh. A), 2017)

(a)

Accessory uses shall comply with all requirements for the principal use, except where specifically modified by this Section, and shall also comply with the following limitations:

(1)

An accessory use shall be clearly incidental, customary to and commonly associated with the operation of the permitted use.

(2)

An accessory use shall be operated and maintained under the same ownership as the permitted use.

(3)

Home occupations may be permitted as an accessory use where allowed by zoning district, subject to the provisions of Section 19-7-215.

(4)

The renting of rooms may be permitted in all residential districts as an accessory use provided the total number of unrelated persons, including roomers, in any one (1) dwelling unit shall not exceed three (3) persons.

(5)

A greenhouse may be maintained in a residential district as an accessory use only if there are no sales from the premises.

(6)

A swimming pool may be permitted in any zoning district as an accessory use. No swimming pool shall be located in any required front or side yard abutting a street, and no closer than ten (10) feet from any dwelling or property line. The surface area of the pool structure, excluding decking, may not exceed ten percent (10%) of the area of the rear yard.

(b)

Accessory structures shall comply with the following limitations:

(1)

Accessory structures shall not be located in the front yard of a principal structure.

(2)

No accessory structure shall be built upon a lot until the construction of the principal structure has been commenced.

(3)

No accessory structure shall be used for dwelling proposes.

(Ord. 629 §1(Exh. A), 2017)

(a)

Temporary uses of land are permitted in any zoning district (unless restricted to particular zoning districts herein), subject to the specific regulations and time periods listed in Table 2-10, and to the other applicable regulations of the zoning district in which the use is permitted.

(b)

A temporary use permit shall be valid only for the period of time specified, and only two (2) renewals of a temporary use may be granted by the Town Administrator. Failure to terminate such temporary use by the specified time shall be considered a violation of this Article. The applicant shall obtain all other required permits prior to moving the temporary facilities onto the site.

(c)

A temporary use permit shall not be granted for a use except upon a finding that the use will, during the time of its existence:

(1)

Be compatible with the surrounding uses and community facilities;

(2)

Not be detrimental to or constitute a danger to the health, safety and welfare of the citizens of the Town;

(3)

Conform in all other aspects to the applicable zoning regulations and standards, except as specifically modified for the temporary use during the time it is permitted; and

(4)

Leave the site, following the temporary use, in a state that is capable of being, and assurance has been provided that it will be, restored to a satisfactory condition.

(Ord. 629 §1(Exh. A), 2017; Ord. 667 §4, 2021)

(Ord. 629 §1(Exh. A), 2017; Ord. 649 §1, 2020; Ord. 656 §1, 2020; Ord. 662 §1, 2020; Ord. 667 §3, 2021; Ord. 677 §2, 2022)

(a)

Intent. Within the zone districts established in this Chapter, there exist lots, structures and uses of land and structures, which were lawfully established before this Chapter was adopted or amended, but which would be prohibited, regulated or restricted under the terms of this Chapter. It is the intent of these regulations to permit such nonconformities to continue until they are destroyed or removed, but not to allow them to be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same zone district.

(b)

Nonconforming use. Where at the time of the adoption of this Chapter or amendments thereto, lawful uses of land exist which would not be permitted by the regulations imposed by this Chapter, the use may be continued so long as it remains otherwise lawful, provided:

(1)

No such nonconforming use shall be enlarged or increased, nor extend in intensity of use, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this Chapter;

(2)

No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of adoption of this Chapter;

(3)

If any such nonconforming use of land ceases for any reason for a period of one (1) year, any subsequent use of such land shall conform to the regulations specified by this Chapter for the zone district in which such land is located; and

(4)

No additional structure not conforming to the requirements of this Chapter shall be erected in connection with such nonconforming use of land.

(5)

A nonconforming use shall not be changed to a use of a lower, or less restrictive classification; however, such nonconforming use may be changed to another use of the same or higher classification.

(c)

Nonconforming structures. Where a lawful structure at the effective date of the adoption or amendment of this Chapter that could not be built under the terms of this Chapter by reason of restrictions on area, lot coverage, height, yards, its location on the lot, or other requirements concerning the structure, may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

No such nonconforming structure may be enlarged or altered in any way which increases its nonconformity, including an increase in floor area, but any structure or portion thereof may be altered to decrease its nonconformity.

(2)

Should such nonconforming structures or nonconforming portion of a structure be destroyed or partially destroyed in excess of fifty percent (50%) of its replacement value by any means and shall not have been repaired or replaced within one (1) year from the date of loss, it shall not be reconstructed except in conformance with the provisions of this Chapter.

(3)

No building or structure which does not conform to all of the regulations of the district in which it is located shall be moved in wholly or in part to another location unless every portion of such building or structure is moved and the use thereof is made to conform to all regulations of the district into which it is moved.

(d)

Repairs and maintenance.

(1)

Ordinary repairs and maintenance of a nonconforming building shall be permitted.

(2)

A nonconforming building which has been damaged by fire or other causes may be restored to its original condition, provided that such work is commenced with one (1) year of such calamity.

(3)

If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance, and is declared by any duly authorized official to be unsafe or unlawful by reason of physical condition, and the same is not repaired as permitted by Subsection (d)(2) above, it shall not thereafter be restored, repaired, or rebuilt except in conformity with the regulations of the zone district in which it is located.

(e)

Nonconforming lots of record. Where, at the effective date of the adoption of this Chapter or amendments hereto, a lot of record was in separate ownership and cannot meet the minimum requirements for area or width, a single-family dwelling and customary accessory structures may be erected on any single lot of record provided such lot is in separate ownership and not of continuous frontage with other lots in the same ownership.

(Ord. 629 §1(Exh. A), 2017)