The R-1 residential zone district shall be governed in conformity with the following regulations.

(Ord. 2001-10 § 2 (part): prior code § 13-04-040 (part))

The R-1 district includes the original town site, the Spencer's Additions to the town, the Coryell Additions to the town, the Gordon Subdivision, the Smith Subdivision, and all subdivisions excluding Castle Valley Subdivision, Spark's Subdivision and all commercial or performance zoned properties located in such subdivision within the town site or additions prior to June 2, 1992.

(Ord. 2001-10 § 2 (part): prior code § 13-04-040(A))

The town's goal within this district is to retain the historical characteristics of the town by preservation of existing structures constructed prior to 1940. Remodeling and new construction will retain historical characteristics. For purposes of this section, the term "historical characteristics" as used herein shall mean the exterior appearance of buildings and structures as expressed by the design, style, type, use, and application of labor and materials, for the construction of buildings and structures in the town prior to the year 1940.

(Ord. 2001-10 § 2 (part): prior code § 13-04-040 (B))

The following are permitted uses when conforming to building design standards as established herein.

A.

Single-family dwelling, detached building;

B.

Public park and open space;

C.

Home occupation;

D.

Public utilities;

E.

Accessory use;

F.

Historic character building(s), as provided herein.

G.

Family child care home.

(Ord. 2001-10 § 2 (part): prior code § 13-04-040(C))

(Ord. No. TC 2022-1, § 2, 1-18-2022)

Conditional uses shall be as follows:

A.

Two-family dwelling (duplex);

B.

Church;

C.

School;

D.

Day nursery;

E.

Room boarding (maximum two (2) rooms);

F.

Bed and breakfast lodge (maximum four (4) rooms);

G.

Museum;

H.

Municipal facilities;

I.

Fire station;

J.

Utility substation;

K.

Accessory dwelling units associated with a primary single-family dwelling.

(Ord. 2004-7 § 2(B); Ord. 2003-16 § 2; Ord. 2001-10 § 2 (part): prior code § 13-04-040(D))

(Ord. No. TC 2022-1, § 2, 1-18-2022)

Minimum lot area shall be as follows:

A.

Single-family, detached: five thousand (5,000) square feet;

B.

Two-family, duplex: three thousand five hundred (3,500) square feet per unit.

(Ord. 2001-10 § 2 (part): prior code § 13-04-040(E))

Minimum floor area shall be eight hundred (800) square feet per dwelling unit.

(Ord. 2001-10 § 2 (part): prior code § 13-04-040(F))

The maximum floor area ratio (FAR) shall be forty-three (43) percent. The maximum lot coverage shall be thirty (30) percent.

(Ord. 2004-7 § 2(C))

Minimum yard setback shall be as follows:

A.

Front yard: eight feet;

B.

Rear yard: ten (10) feet for the principal building and five feet for a garage where the rear yard directly abuts a publicly dedicated and accessible alley of no less than fifteen (15) feet in width;

C.

Side yard: eight feet;

D.

Between structures (accessories): ten (10) feet.

(Ord. 2004-7 § 2(D); Ord. 2001-10 § 2 (part): prior code § 13-04-040(H))

Maximum building height shall be thirty-two (32) feet.

(Ord. 2001-10 § 2 (part): prior code § 13-04-040(I))

Minimum off-street parking shall be as follows:

A.

Single-family, detached: one space per each two thousand five hundred (2,500) square feet of lot;

B.

Two-family, duplex: two spaces per dwelling unit;

C.

Boarding or bed and breakfast: one space per rental lodging unit (also refer to Chapter 17.76).

(Ord. 2001-10 § 2 (part): prior code § 13-04-040(J))

Pre-existing nonconforming structures and/or home occupation establishments within this R-1 district established prior to June 23, 1983, may be continued as they then existed without expansion or change; however, such uses and/or conditions shall not be continued without conforming to the provisions of this code when any of the following events occur:

A.

When a nonconforming structure is dismantled, removed, demolished or condemned; or

B.

When a nonconforming use or nonconforming home occupation ceases for a period of one (1) year.

Pre-existing nonconforming mobile homes in this R-1 district are regulated under Chapter 17.80.

(Ord. 2001-10 § 2 (part): prior code § 13-04-040(K))

A.

The primary building shall conform to and reflect the shape and size of the building lot.

B.

Front entries of buildings shall face the lot street front.

C.

Garages and vehicle parking spaces shall be located only in the rear one-half of the building lot; vehicle access shall be only from the adjacent alleyway, where such access is available and practicable.

(Ord. 2001-10 § 2 (part): prior code § 13-04-040(L))

All construction is subject to the town's building code. All exterior work proposed, whether or not a town building permit is required, shall be reviewed by the town planner for compliance with the provisions of this section.

A.

Remodeling and improvements to pre-existing and/or nonconforming structures are encouraged and shall not affect their existing uses as described above. Exterior remodeling and improvements shall blend with the existing structure and surrounding neighborhood with the effect to retain the district's historical characteristics.

B.

New additions to existing structures shall meet the setback requirements of this district. The exterior shall blend with the existing structure.

C.

New construction within this R-1 district shall be designed in relation to the historical characteristics of the district, so that the exterior features of such construction shall blend with the historical characteristics as established herein.

D.

Nonpermitted materials for exterior finish are metals or vinyl placed vertically.

(Ord. 2001-10 § 2 (part): prior code § 13-04-040(M))

Except as otherwise provided herein, any land surface and any work or improvements upon any real property within this zone district shall be erected, removed, restored, altered or demolished in such a manner so as to maintain, protect and complement the historic character and qualities of buildings, structures and properties. In order to attain the goal as set forth in this section, all such work and improvements to be erected, removed, restored, altered or demolished, whether or not a town building permit is otherwise required for such work by separate town ordinances, shall be reviewed by the town planner to certify whether or not such proposed work is in compliance with all applicable procedures, standards and guidelines including those as are set forth in the following:

A.

Standards. All work regarding the exterior visible appearance of any building or structure including new buildings or structures, or the alteration or repair of existing buildings or structures, shall be of such a design and employment of materials so as to appear similar to existing district historic buildings or structures constructed prior to 1940, or so as to maintain the historic appearance of the existing building or structure.

B.

Design and Materials.

1.

Existing buildings and structures shall:

a.

Retain the design and exterior appearance of the original structure;

b.

Utilize materials as used on the original structure as closely as practicable.

2.

Roofs of existing buildings and structures shall:

a.

Retain the design and appearance of the original building or structure to the extent practicable;

b.

Utilize only new materials that closely resemble original materials used on the existing building or structure.

3.

Materials of New Buildings and Structures.

a.

Materials, including wood, logs, masonry, siding, trim, and glazing, shall be of similar materials as observed or utilized on nearby historic structures and buildings.

b.

Wood siding or other types of siding and logs shall be applied only to the level and horizontal.

c.

The exposed width of siding boards shall not exceed six (6) inches.

d.

Simulated wood siding may be used if made of tough, durable materials.

e.

Simulated masonry siding shall not be used.

f.

Design, style and application of materials must retain the appearance of existing nearby historic buildings and structures.

g.

Windows shall be of materials and design similar to nearby historic buildings and structures. No less than eighty (80) percent of the total number of windows in the structure shall have the vertical dimension at least twenty-five (25) percent greater than the horizontal dimension. For purposes of this paragraph, each individual window frame shall be considered a single window, although several windows may be mulled together and delivered or installed as a unit.

4.

Roofs of new buildings and structures shall:

a.

Be of a pitch from a ridge or peak of not less than seven (7) feet in twelve (12) feet on all roof sloping surfaces, except that porch or accessory shed roofs may have a slope of a lesser or greater pitch;

b.

Have any face or surface of no more than forty (40) feet in any dimension without articulation or a feature to add surfaces of different angles or pitch;

c.

Be of design and materials as are presently utilized and observed in nearby historic buildings in the district; or

d.

Have materials that do not include clay tiles, natural or simulated, or other materials not utilized or observed on nearby historic buildings in the district.

(Ord. 2004-7 § 2(E); Ord. 2001-10 § 2 (part): prior code § 13-04-040(N))

Pursuant to Chapter 15.44 of the code, the Historic Preservation Commission may designate certain lots or properties as historic sites, landmarks, or districts ("Designated Property or Properties"). The town clerk shall maintain an official register of all properties so identified. Designated properties shall be subject to all regulations and requirements of the R-1 residential district except as expressly modified below in this section.

A.

The provisions of this section shall be limited to the areas of the historic town, which boundaries are described in Section 17.20.020, originally adopted by town Ordinance No. 261, 1983.

B.

Modifications to Zone District Regulations for Designated Properties.

1.

Minimum lot dimensions are thirty-six (36) feet wide at the street front and one hundred (100) feet long (deep) from the street front.

2.

Minimum side yard building setbacks combined are twelve (12) feet.

3.

Minimum width of one side yard building setback is four feet.

4.

Minimum separation between buildings on the lot and on any adjacent lots is ten (10) feet.

Any person proposing to do any work as described in this section, unless said work is to be performed on a designated property, shall first obtain the required review and approvals as set forth in this section by obtaining a certificate of compliance with district historical characteristics from the town. The provisions of this Section 17.20.170 shall not apply to any designated property; the provisions of Chapter 15.44 shall control with respect to such properties.

(Ord. 2001-10 § 2 (part): prior code § 13-04-040(O))

(Ord. No. TC-2015-3, § 2(A), 9-1-2015)

Any person proposing to do any work as described in this section shall first obtain the required review and approvals as set forth in this section by obtaining a certificate of compliance with district historical characteristics from the town.

A.

Procedures.

1.

For work whether or not requiring a town building permit, a district certificate of compliance shall be obtained from the town planner prior to the commencement of any such work within the district. The proponent of any such work shall submit an application for a certificate of compliance to the planner and provide such plans, specifications, drawings and descriptions so as to allow a determination of compliance with the provisions of this section.

2.

For work that requires a town building permit, the building inspector shall ensure that the plans submitted, and that the subsequent work done, are in compliance with the provisions of this section.

3.

Within seven (7) working days after receiving the application for a certificate of compliance, the planner shall either issue the certificate, deny it for reasons of noncompliance, or approve it with modifications agreed to by the applicant.

4.

The building inspector and planner will endeavor to provide such information and assistance to the applicant as is available to the town to attain compliance with the provisions of this section.

5.

There shall be no fees charged by the town to an applicant for the review or approval of an application for a certificate of compliance, except for any formal appeals made in accordance with other provisions of the municipal code.

B.

Denial of a building permit or certificate of compliance; procedure to be followed as applicable:

1.

If the proposed work is found by the planner or the building inspector to be not in compliance with the provisions of this section, he or she shall immediately notify the applicant in writing of the specific reasons for such denial and shall refer his or her decision and reasons to the planning and zoning commission for confirmation or reconsideration at its next regularly scheduled meeting, or at a special meeting if necessary, but in no case shall the commission meet and render a decision any later than twenty-one (21) working days after the original date of the filing of the application unless a later meeting date is mutually agreed upon by the commission and the applicant.

2.

The building inspector shall not issue the building permit nor shall the district certificate of compliance be issued for the proposed work unless and until the commission renders a decision in accordance with the provisions of this section.

3.

The applicant shall be notified in writing of the scheduled meeting and shall be requested to appear before the commission to present supporting information and materials for the proposed work. The commission shall endeavor to assist the applicant to every extent available to attain compliance with the goal and provisions of this section.

4.

The commission shall act upon the referred decision of the building inspector or the planner at the scheduled meeting; the commission may uphold the decisions of the building inspector, or the planner, or, upon further review of information presented at the meeting, may order the issuance of a certificate of compliance for the proposed work, with or without modifications or conditions, and in either event shall immediately notify the building inspector and the applicant of its decisions in writing.

5.

Failure of the commission to meet or to render a decision upon the application within the specified time shall deem that the proposed work may proceed as originally applied for, and the planner shall issue a certificate of compliance with the failure of the commission to act so noted on the certificate.

(Ord. 2001-10 § 2 (part): prior code § 13-04-040(P))