The regulations hereinafter set forth in this chapter are in addition to and supplement other regulations of this ordinance.

1. Building Lot for Building Required. Every building, except those housing public uses, public 
   utilities, accessory and temporary uses, and those buildings used in conjunction with agriculture, parks and playgrounds, or other uses expressly exempted, shall be erected on a "Building Lot" which shall be designated and continuously maintained for principal buildings and their accessory buildings. Except for dwelling groups as specifically authorized in this ordinance, not more than one dwelling structure shall occupy any one building lot.
2. Lot Coverage of Accessory Buildings and Structures. No accessory building, structure or group of buildings or structures, excluding swimming pools, and no parking space in any residential zone shall cover more than fifty percent (50%) of the required minimum rear yard space.
   1. Accessory Buildings and Structures. Side and rear yard setbacks may be reduced to three feet (3') provided said accessory buildings are located in the rear yard and at least six feet (6') from the principal building, not less than sixteen feet (16') from principal buildings on adjacent lots and further provided that accessory buildings must be eight feet (8') from adjacent vacant lots, except that accessory buildings and/or structures located in the street side of a comer lot shall comply with the front or side yard setback requirements of the adjacent building lot. Accessory buildings exceeding ten (10) feet in height, as measured from the main floor to the top exterior wall plate, shall increase the three foot minimum setback requirement two (2) feet for each one (1) foot of  height above 10 feet, unless otherwise approved by the Town Council.
3. Maximum Height L.imi.tations. No maximum height regulations, as stated in this ordinance, except for stated exceptions, shall apply to prevent the construction of penthouse  or roof structures for the housing of elevators, stairways, tanks, ventilating fans, or similar equipment required to operate and maintain the buildings, and fire or parapet walls, skylights, towers, steeples, flagpoles, chimneys, smoke stacks, water tanks, television masts, silos, or similar structures above the stated height limits, provided that no space above the height limit shall be allowed for the purpose of providing additional floor space.
4. Additional Height Allowed. Public buildings or structures and churches authorized in a zone may be erected to any height provided the building is set back from each otherwise established setback line at least one foot (1') for each additional foot of building height above the normal height limit required  for the zone in which the building is erected.
5. Satellite Dish Antennas. For the purpose of this ordinance satellite dishes shall be allowed on any residential structure or in the rear yard as accessory structures.
6. Swimming Pools (Private). Any pool constructed in-ground, above ground and on-ground that contains 5,000 gallons, or more, of water shall require a building permit No such pool shall be allowed in any R-district except as an accessory use and unless it complies with the following conditions and requirements:
   1. It may not be located closer than eight feet (8') to any property line.
      
   2. The swimming pool shall be governed by the provisions of the adopted International Residential Building Code appendix (G) adopted by the Town Council to control the design and construction of swimming pools, spas and hot tubs installed in or on the lot of a one or two-family dwelling.
   3. The swimming pool shall be so walled or fenced to at least six feet (6') in height, to prevent uncontrolled access by children from adjacent properties.

Where buildings or structures are allowed, they shall comply with the following regulations specific to each type of structure.

1. Regulations for All Residential Structures.
   
   1. All residential structures shall be permanently affixed to the property on which they are sited  and held in common ownership with said property and classified and taxed as real estate.
   2. Permanent connections to all available utilities shall be made to each residential structure, regardless of whether the utility is put into service.
   3. Any and all appendages or accessory uses such as steps, carports, garages, storage buildings, 
      decks and awnings or additions and alterations shall be done in accordance with the adopted edition of the Uniform Building Code.
2. Regulations for Manufactured Housing.
   1. All manufactured homes shall be certified by U.S. Department of Housing and Urban Development inspectors as meeting the National Manufactured Housing Construction and Safety Standards Act of 1974, effective June 15, 1976 (HUD Code), and any subsequent amendments thereto.
   2. Towing hitches and running gear, which includes tongues, axles, brakes, wheels, lights and other parts of the chassis intended to be operated only during transport shall be removed.
   3. Exterior siding and trim materials shall consist of durable weather resistant materials approved for dwelling construction.

Where the following uses are allowed as permitted or conditional uses they shall be allowed provided they meet and comply with the regulations established herein for each specific use and provided they obtain site plan approval from the Planning commission.

1. Dwelling Groups. A building permit for the erection approval, provided such dwelling group conforms to all the following conditions and requirements:
   
   1. The area of the lot on which the dwelling group is to be erected shall be at least equal to the aggregate of the lot areas otherwise required for the individual dwellings in the group.
   2. No building in a dwelling group shall be closer to any lot line than the front, side or rear yard distances otherwise required m the district in which it is located. When the buildings in a dwelling group are arranged in a row, side by side, the distance between buildings shall be not less than two (2) times the side yard requirement of the district. When the buildings in a dwelling group face a side lot line, the side yard between the front of the building and said lot line shall not be less than thirty feet (30').
   3. Except as modified in this Section, such dwelling group shall conform to all the requirements of this ordinance for the zone in which it is to be located.
   4. The width of the lot on which the dwelling group is to be erected shall be at least eighty feet (80'). The roadway or drive shall be at least twenty feet (20') inwidth. The erection of a dwelling group shall be a planned development from the beginning, clear of existing buildings, except an existing building may be included as one of the group when authorized by the Planning Commission.
      
2. Multi-family Dwellings.
   1. All multiple-family dwellings shall conform to the requirements of Section 15.08.020(A).
      
   2. Buildings in multiple-family dwelling developments shall have a minimum of 15-foot separation for single story buildings 20-foot separation for two story buildings and 25-foot separation for 2.5 stories and above buildings. Multiple-family dwellings shall be located no closer than 20 feet from any single-family or two-family dwelling.
   3. All trash dumpsters, shall be screened with fencing and gates as required by the Planning Commission. Individual plastic trash cans do not require screening.
3. Farm Animal Keeping. In residential and agricultural zones where permitted, animals and fowl may be kept for family use outside the dwelling provided that all pens, barns, coops, stables, corrals and other similar enclosing structures to keep animals or fowl shall be located not less than thirty feet (30') from dwellings on adjacent lots. In residential zones where animal keeping is permitted or allowed as a conditional use, there must be a minimum lot size of 21,780 square feet and all animal keeping guidelines must be in accordance with the provisions as outlined in this section of the ordinance. The number of animals or fowl permitted shall be governed by the following schedule except that dependent young may be kept in addition to these numbers:
   1. In residential zones where animal keeping is a permitted use, 40 points shall be allocated to each lot containing 21,780 square feet with an additional accrual of 15 points for each 10,890 square feet thereafter. Lots which have less than 21,780 square feet shall be allocated 10 points for each 5,000 square feet, up to a maximum of 40 points.
   2. In residential zones where animal keeping is allowed as a conditional use, 20 points shall be allocated to each lot containing 21,780 square feet with an additional accrual of 10 points for each 10 890 square feet thereafter. Lots which have less than 21,780 square feet shall be allocated 8 points for each 5,000 square feet, up to a maximum of 20 points.
   3. Points are assigned to animals grouped as follows:
      1. Large animals such as horses or cows, 80 points each
      2. Medium animals such as sheep goats or llamas, 50 points each
      3. Large fowl such as emu or ostrich, 45 points each
      4. Small animals and fowl such as rabbits and chickens, 2 points each
      5. Pigs (provided the pens therefore are at least 200 feet from neighboring dwellings), 100 points each.
4. Kennel Regulations. Kennels are considered conditional uses. Each request for a conditional use permit shall be reviewed separately for its own merits by the Planning Commission. Each request must be accompanied by written agreements for such use from all residential property owners adjoining the property for which the request is made. A letter of agreement to control noise and correct all reasonable complaints must be submitted by the permit requestor. Kennel permits may be revoked by the decision of the Town Council if the use is proven to be a nuisance. Kennels may be kept provided that all pens, shelters or similar structures housing the dogs shall be located not less than 50 feet from neighboring or abutting dwellings. The number of dogs four months old or older kept on a residential lot shall be limited to three. Kennels for commercial purposes may be kept provided that all pens, runs, shelters or similar structures housing the dogs shall be located not less than 100 feet from a public street and 100 feet from all neighboring or abutting dwellings.
5. Family Pets. Small animals and fowl may be kept as family pets in residential zones subject to the following conditions:
   1. Animals or fowl must be kept in pens, or otherwise secured, unless housed within the dwelling unit.
   2. All pens, coops, and structures shall be kept reasonably clean and free from objectionable odor.

1. Height of Fences Walls and Hedges in Residential Zones.  Fences, walls and hedges may be erected to the permitted  building height in the same zone in which they are located provided  
   they are not within any required yard space. Fences, walls or hedges which are in any required yard may not exceed  eight feet  (8') in height and  must be constructed  in a manner which will not impede visibility of sidewalks and streets from adjacent driveways and which will comply with the requirements of Section 15.08.040(B). where a retaining wall is reasonable and necessary, and is located on the line separating lots, such retaining wall may be topped by a fence, wall, or hedge of the same height that would otherwise be permitted if no retaining wall existed.
2. Visibility at Intersections. Notwithstanding any provisions of this ordinance inany residential 
   district, fences, walls, hedges, or other plantings may be permitted in any required yard provided that nothing shall be erected, placed, planted, or allowed to grow in such a manner as to impede vision between a height of two and one-half (2^1/2) feet and ten feet (10') above center line grades of the intersection streets and within the area bounded by rights­-of-way lines, thirty feet (30') from the intersection of said right-of-way lines.
3. Outdoor Storage and Waste Disposal. Unless otherwise specifically permitted, no highly flammable or explosive liquids, solids, or gasses shall be stored in bulk above ground except in the A-1 zone. Other outdoor storage facilities for junk yards, fuel, raw materials, and products, except for agricultural products, and permitted above grade waste disposal areas shall be enclosed by a fence or wall at least six feet (6') in height and impervious to sight, adequate to conceal such facilities from adjacent property and the street. Such wall or fence shall be constructed and maintained in such a way and of such materials as to be pleasing to the sight from the street. No materials or wastes shall be deposited upon any property in such form or manner that they may be transferred off such property by natural causes or forces. All materials or wastes which might cause fumes or dust, or which constitute a fire hazard, or which may be edible by, or otherwise be attractive to rodents or insects may not be stored outdoors unless put in closed containers.
   
   No yard or other open space around an existing building or which is hereafter provided around any building for the purposes of complying with the provisions of this ordinance,  shall be used for the storage of junk, building materials, debris, junk vehicles, or commercial equipment, and no other land shall be used for such purposes except as specifically permitted herein.

1. Town Forester. There is hereby created the position of Town Forester. The Town Forester shall be responsible for administering the provisions of this section and the policies and recommendations of the Town Council. The Town Forester shall have jurisdiction and supervision of all trees and plants planted  or growing in public streets or places within the Town to insure safety or to preserve the beauty of such public places. When authorized by proper authority, it shall be his duty to have trees and other plants in public streets and on public property planted, trimmed, sprayed, preserved, and removed.
2. Distance from Curb and Sidewalk. No trees may be planted closer to any curb or sidewalk than the following: small Trees, 2 feet; Medium Trees, 3 feet; and Large Trees, 4 feet.
3. Distance from Street Comers and Fire Hydrants. No Street Tree shall be planted closer than 35 feet of any street comer, measured from the point of nearest intersecting curbs or curb lines. No Street Tree shall be planted closer than 10 feet of any fire hydrant.
4. Utilities. No Street Trees other than small trees may be planted under or within 10 lateral feet of any overhead utility wire or over or within 5 lateral feet of any underground water line, sewer line, transmission line or other utility.
5. Public Tree Care. The Town shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the lines of all streets and public grounds as may be necessary to insure public safety or to preserve or enhance the symmetry and beauty of such public grounds or to require the property owner to do the same.
6. Removal of Trees. The Town, through its Town Forester, shall condemn and remove or order the removal of any tree, tree stump, shrub, or plant upon any of the public streets or on public property within this Town where the same is dead, diseased, or for any reason whatsoever is deemed undesirable by the Town Council. The Town, through its Town Forester, shall have authority to condemn and remove, or order to be removed, any tree, tree stump, shrub, or plant upon private property when the Town Council shall find such action necessary to the public safety, to prevent the spread of disease or insects, or prevention of upheaval to the public street, curb, or sidewalk. The Town Forester shalt have the authority, at the direction of the Town Council, after exercising due diligence to notify abutting property owners, to remove or order the removal of any tree, shrub, or plant which has been planted upon any public street or on any public property in violation of this Section or any other Ordinance. The Town Forester shall have the authority to report any violations of this Section to the Town Council for its action. Trees, shrubs or plants removed under the provisions of this ordinance shall be so removed at the property owner's expense or at the expense of the abutting property owner if said plants are in the street right-of-way.
7. Pruning, Comer Clearance. Every owner of any tree overhanging any street or right-of-way within the Town shall prune the branches so that such branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection and so that there shall be a clear space of eleven feet (11') above the surface of the street or sidewalk. Said owners shall remove all healthy, dead, diseased  or dangerous trees, or tree limbs which constitute a menace to the safety of the public or prevent the Town from maintaining Town sidewalks, curb or streets. The Town shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light along the street from a streetlight  or interferes with visibility of any traffic control device or sign.
8. Willful Injury to Trees. No person shall willfully injure or destroy any tree on public streets, public parks, or other public property of the Town by any means including, but not limited to, the following:
   1. Constructing a concrete, asphalt, brick or gravel sidewalk or otherwise filling up the ground area around any tree so as to shut off air or water from the roots, except under written authority from the Town Forester.
   2. Piling building material, equipment, or other substance around any tree so as to cause injury.
   3. Pouring any injurious matter on or around any tree or on the ground around it or on any lawn or sidewalk.
   4. Injuring any tree, tree stake, or guard with any vehicle or animal, or in any other manner causing injury to any tree or lawn or public property.
9. Removal of Stumps. All stumps of street and park tress shall be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground.

1. Purpose. To encourage the majority of business activities to be conducted in appropriate commercial zones. Business activities may be conducted within a residence on a limited basis if such activities comply with standards of this section. All home occupations shall be secondary and incidental to the residential use. The use should be conducted so that neighbors, under normal conditions, would not be aware of its existence. Home occupations are a temporary privilege that can be revoked if disruption of the residential neighborhood occurs.
2. Home Occupation Standards.
   1. A home occupation shall not be permitted that changes the outside appearance of the dwelling.  No exterior architectural modifications shall be made expressly to accommodate the commercial use in the home.
   2. The home occupation may include the sale of commodities, however products should be delivered to customers. Retail sales of products and services are allowed at the home with a maximum of two customers per hour.
   3. The area of the home devoted to the home occupation and/or storage of stock in trade shall not occupy more than 30 percent of the area of any one floor.
   4. The home occupation shall not involve the use of any yard space or activity outside of the residence, except where the use or activity is of the type that is customarily found in the residential neighborhood and where said use or activity does not adversely impact the residential nature of the neighborhood.
   5. Storage within the garage or accessory building may be allowed as long as the garage still functions for parking as many vehicles as specified at the time of construction. No outside storage of any type of material used in the home occupation shall be permitted.
   6. Advertising signs if necessary will be approved by the Planning and Zoning Commission, and shall be attached to the dwelling, except for minimum mailbox identification. Window displays or other exterior evidence is not allowed, except that which is customarily found in a residential area.
   7. Unless specifically applied for and permitted. only one vehicle or trailer may be used in association with the home occupation and shall be garaged or stored entirely on private property. Off-street parking for the residence must be preserved in addition to the commercial vehicle/trailer. Unless specifically applied for and permitted, the vehicle/trailer used for the home occupation shall be limited to a maximum size of one-ton gross vehicle weight A maximum of four square feet of signage shall be allowed on the vehicle/trailer.
   8. The home occupation shall not allow more than two employees, other than those living in the dwelling, to come to the home.
   9. The home occupation shall generate no greater vehicular traffic or parking than commonly associated with the neighborhood in which it is located, i.e., heavy trucks, delivery or similar vehicles, etc.
   10. Explosive or combustible materials shall not be stored for a home occupation. The home occupation shall not unreasonably disturb the peace and quiet of the neighborhood including, but not limited to, interference of radio, television or other electronic reception by reason of design, materials, construction, lighting, odor, dust, sounds, noise, vibrations, vehicles, parking and general operation of the business.
   11. Unless specifically applied for and permitted, promotional meetings for the purpose of selling merchandise or taking orders shall not be held more than once per month.
   12. Garage, basement, yard or other similar sales shall not be allowed more than four times each year, and each sale shall not last more than 72 hours.
   13. All home occupation where business transaction occurs, shall be conducted only between the hours of 6 a.m. and 10 p.m.
   14. There shall be complete conformity with all Town and State codes, including fire, building, plumbing, electrical and health codes and business license regulations. Periodic inspections, as required by these codes, will be made a required by the type of home occupation.
   15. The home occupation shall not create a demand for municipal or utility services or community facilities in excess of those usually and customarily provided for residential uses.
   16. The home occupation shall not involve the installation of any equipment, fixtures, plumbing, or electrical wiring that is incompatible with a residential area by reason of excessive noise, excessive utility usage, excessive waste production, broadcast interruption, etc.
   17. Home occupation licenses may be reviewed and revoked upon valid unresolved complaint. Inspections by the Town may occur as necessary to assure conformance with these regulations.
   18. Handicap persons can obtain a waiver through the Planning and Zoning Commission to allow such persons to become self sufficient.
3. Minor Home Occupation. Home Occupations which meet the above standards shall be defined as minor home occupations, and shall be a permitted use in all zones. Business License may be issued upon receipt by the Town Recorder of an affidavit, sworn to by the applicant, stating that the applicant will conform to the above standards. Deviation from those standards may result in revocation of the home occupation business license privilege.
4. Major Home Occupation. Major home occupations are defined as home occupations which meet the standards  listed  above except as specifically modified  by the Planning Commission and/or Town Council. Major home occupations shall be a conditional use in all residential zones and may be allowed increases in intensity of the home occupation as allowed by Section 15.10.090(A).

1. Structural Offset
   1. Minimum of thirty feet (30') from road right of way.
   2. Minimum of ten feet (10') from all other lot lines.
      
2. Utility Offset
   1. Ten Feet (10') utility easement from road right of way with ten feet (10') minimum from actual utility locations