The Martin Creek Character Area is characterized by large wooded lots at higher elevations suitable for low-density residential uses. This area has a rural mountain character with limited Town services. The Town water tank is located in this area, however year-round access is difficult.

(Prior code 16-8-1)

(a)

This area is on a north-facing hillside with significant vegetation. The area is characterized by single-family residences on larger lots with some nonconforming uses near Highway 24. The residences are typically one (1) and two (2) stories, with outbuildings and significant setbacks between structures.

(b)

The purpose of this zone is to provide land for larger lots and larger homes. The objective is to remain low density, maintain significant open space and provide the opportunity for a rural lifestyle.

(Prior code 16-8-2)

The Martin Creek Character Area Map is set forth in Illustration 16-9 below.

Illustration 16-9
Martin Creek Character Area Map

(Prior code 16-8-3; Ord. 15-2008 §1)

The following Table 16-4 sets forth the uses for the Martin Creek Character Area:

TABLE 16-4
Martin Creek Character Area Use Table

** Historic property is exempt from the two-year ownership requirement.

(Prior code 16-8-4; Ord. 15-2008 §1; Ord. 18, 2008 §1; Ord. 20-2024 §2)

(a)

The Planning Director shall approve the limited use based upon the submittal and review of the following material. The use shall be approved upon finding that the limited use is

(1)

Not in conflict with applicable health, sanitation, safety or access regulations;

(2)

The use is allowed by limited review in the subject zone district; and

(3)

The use can be operated so that it is compatible with adjacent uses and negative impact to adjacent properties has been minimized.

(b)

Accessory dwelling.

(1)

Size: The accessory dwelling shall not exceed one thousand two hundred (1,200) square feet of floor area. The floor area associated with the accessory dwelling shall be counted toward the maximum floor area permitted on the lot.

(2)

Location: The accessory dwelling may be located within or attached to the structure containing the primary function, or it may be detached from the structure if it is located within or above an accessory building.

(3)

Parking: Two (2) on-site parking spaces, in addition to that number required for the primary use, shall be provided for the accessory dwelling unit.

(4)

Ownership: The accessory dwelling unit shall not be subdivided or sold from the primary unit on the parcel.

(5)

Water, sanitation, solid waste: Proof shall be provided that adequate water and sanitation are in place for the uses on the property. Proof shall be provided that adequate solid waste storage and removal are in place.

(6)

Dimensional limitations: Accessory dwelling units shall only be permitted on lots that conform to the minimum lot standards of the underlying zone district. The unit shall be developed so as to conform to all setback, height, building lot coverage, floor area and other dimensional limitations of the underlying zone district.

(c)

Home occupation.

(1)

Use: The use of a dwelling for a home occupation shall be clearly incidental and subordinate to its use for residential purposes and shall not change the basic residential character of the parcel.

(2)

Nuisance: A home occupation shall not produce noise, electrical or magnetic interference, vibration, heat, glare, odors, fumes, smoke or dust and shall not operate at such hours or in such a manner as to create a public nuisance, disturb neighbors or alter the residential character of the premises.

(3)

Signs: Signs and other outdoor structures that advertise the home occupation shall be limited to two (2) square feet. Illumination of the structure housing the home occupation shall be limited to that which is customary for the residential use of the property.

(4)

Location: All activities associated with the home occupation shall be conducted indoors. Materials and equipment used in the home business shall be stored in a building.

(5)

Sales: Incidental sales of supplies or products associated with the home occupation shall be permitted on the premises. A home occupation whose primary activity is retail sales shall be prohibited, except if the function of the home occupation is catalogue sales.

(6)

A home occupation may not serve patrons on the premises, except in an incidental manner and on an appointment basis.

(7)

Employees: A home occupation shall be conducted only by persons residing on the premises.

(8)

Parking: No additional parking requirement shall apply to a home occupation.

(9)

Water, sanitation, solid waste: Proof shall be provided that adequate water and sanitation are in place for the uses on the property. Proof shall be provided that adequate solid waste storage and removal are in place.

(Prior code 16-8-5; Ord. 15-2008 §1; Ord. 01-2015 §2)

See Article 17, Supplemental Regulations and Standards.

(Prior code 16-8-6)