A person shall not divide a lot or parcel and shall not convey a lot or parcel or any part of it if the division or conveyance so reduces the area, width, yard or setback of the lot or parcel or creates a lot or parcel with an area, width, yard, or setback so small that it does not conform to this title.

(Ord. No. 268, § 6, 5-10-2017)

If part of a lot or parcel having not less than the required area for its land use district is acquired for public use and if the remainder of the lot or parcel has not less than eighty (80) percent of the area required for its land use district, the remainder shall be considered as having the required area. However, setback, side yard, and rear yard requirements shall be met. If a lot or parcel has an authorized nonconforming status as to area under any town ordinance, the parcel shall retain its nonconforming status if the acquisition for public use does not reduce the remainder below eighty (80) percent of the existing nonconforming area. The setback, side yard, and rear yard requirements of the land use district shall be met for any new development thereafter, except for buildings or structures in existence at the time of public acquisition.

(Ord. No. 268, § 6, 5-10-2017)

On a corner lot the setback requirement applicable to the land use district in which the lot is located applies to both public and private road, street or highway frontage of the lot. The setback line of a parcel of land is common with the right-of-way line of a public or private road, street or highway.

(Ord. No. 268, § 6, 5-10-2017)

A.

Fences in Front and Exterior Side Yard Setback Areas. No fence or wall higher than three feet is permitted within a front yard or exterior side yard setback area without the prior approval of the zoning administrator. Fences or walls exceeding six feet and up to seven feet six inches in height are permitted in the front or exterior side yard setback areas subject to approval of the design review board. The reviewing authority shall consider whether the fence design and location: (1) are aesthetically compatible in the neighborhood; and (2) do not create sight obstructions as set forth in Section 8.80.010.

B.

Fences or Walls in Side and Rear Yard Setback Areas.

1.

Fences or walls up to six feet in height are permitted within side or rear yard setback areas.

2.

Fences or walls exceeding six feet and up to seven feet six inches in height are permitted in side or rear yard setback areas subject to approval of the design review board. The design review board shall consider whether the fence or wall design, height and location: (a) are aesthetically compatible with the neighborhood; (b) do not create sight obstructions as set forth in Section 8.80.010 or to the adjacent properties; and (c) do not create health and safety problems.

C.

Fences or walls exceeding seven feet six inches in height and located within any setback require a variance approval from the planning commission with specific findings set forth in Section 8.12.130.

D.

Open fencing up to seven feet in height is permitted in rural residential, MOSO, and nonMOSO open space districts. Such fencing is not subject to other provisions in Section 8.68.040, and does not require approval from the zoning administrator or the design review board.

E.

The following are prohibited fence types/materials:

1.

Barbed wire, razor, or concertina wire

2.

Electrified fences

3.

Chain link fencing (when visible from public areas, public rights-of-way, and/or private roadways)

4.

Temporary fencing such as plastic or wire mesh fencing, barricades, and panel - system fences. (Except for construction sites, town-sponsored events, and temporary uses approved under Section 8.148.050).

(Ord. No. 268, § 6, 5-10-2017; Ord. No. 309, § 5(Exh. B, 5), 5-10-2023; Ord. No. 311, § 12, 12-13-2023)

Notwithstanding any provision in this title to the contrary, the front and side yard setbacks applicable to a lot on which a detached single family residence was constructed in the former R-10, R-15 and R-20 zones under county zoning regulations in effect prior to November 7, 1980 shall be the front and side yard setbacks that were in effect at the time of development pursuant to the subdivision's development standards or county zoning regulations. County zoning regulations prior to November 7, 1980 are shown below (updated adopted code):

These setbacks shall apply to additions and alterations to single family residences existing on the effective date of the ordinance from which this article derives but shall not apply to new, separate structures on the same lot as an existing single family residence such as a detached secondary or accessory dwelling unit or a detached accessory structure or building.

(Ord. No. 268, § 6, 5-10-2017)

A.

Except as otherwise provided in this title, every part of a required yard area shall be open and unobstructed to the sky. However, a fire escape, open stairway or landing, ADA access facility, at-grade paving or decking materials, chimney, the ordinary projection of a sill, belt-course, cornice, eave, or bay window, or an ornamental feature which does not obstruct the light and ventilation on any adjoining parcel, is not considered an obstruction and does not violate the prescribed yard regulations.

B.

Movable, disassemblable, and/or demountable objects or structures such as small-scale, children's play equipment (e.g., swing sets, climbing frames, slides, trampolines, basketball hoops, etc.), or shade structures such as shade sails and open-sided canopies, whether attached or unattached to the ground, are not obstructions and may be located within any required yard, subject to the following limitations:

1.

Climbing frames, and similar structures shall have a deck height no greater than eight feet, and total height no greater than fifteen (15) feet.

2.

Shade structures shall not block or cover a vehicle access easement, driveway, parking area, garage or carport. If visible from the public street, shade structures shall not be used for the purposes of covering vehicles or stored household items (other than outdoor furniture) for any period longer than seventy-two (72) hours.

3.

Any object or structure permitted under this section shall not have a footprint larger than four hundred (400) square feet.

(Ord. No. 268, § 6, 5-10-2017)

An accessory building, accessory structure, or accessory use may occupy only up to thirty (30) percent of a required rear yard, except that swimming pools, tennis courts, and similar facilities located at or below grade are not counted toward this limitation.

(Ord. No. 268, § 6, 5-10-2017)

In each single-family residential district and each multiple-family residential district, there shall be a rear yard of not less than five feet wherever the rear yard of a lot or parcel of land abuts on a side yard.

(Ord. No. 268, § 6, 5-10-2017)

The front lot line of a corner lot shall be the lot line located on the principal street. In the event that it is unclear which of two intersecting streets is the principal street, the planning director or the public works director shall make a determination based on factors such as the orientation of the primary building on the lot and patterns of development in the vicinity of the subject lot.

(Ord. No. 268, § 6, 5-10-2017)

Where both the front and rear of a lot abut a public or private street a front yard shall be maintained from both streets.

(Ord. No. 268, § 6, 5-10-2017)

The front yard setback for a lot fronting on a private street shall be the front yard setback specified in the land use district plus one-half of the right-of-way width specified for a minor street for a subdivision measured from the center of the private street.

(Ord. No. 268, § 6, 5-10-2017)

A.

The purpose of this section is to prescribe special regulations governing vehicle access to the garage structure on a corner lot in order to:

1.

Minimize the number of access points on to and off of heavily traveled streets;

2.

Provide adequate distance between the garage and the right-of-way so that a vehicle when parked upon the driveway apron within the side yard setback area does not encroach into the right-of-way.

B.

Location of Access. Access to off-street parking on a corner lot shall be from the right-of-way having the lowest average daily traffic (ADT) as determined by the planning director.

(Ord. No. 268, § 6, 5-10-2017)