The public use (PU) zone is established to provide for the location and establishment of public and quasi-public facilities.

The allowable, permitted, accessory, and conditional uses in the PU zone are specified in section 10-7A-2 of this title. A use is prohibited in the PU zone if it is designated as "not permitted" in section 10-7A-2.

A.

Lot area: A lot must be large enough to meet required setback requirements for any proposed structure to be situated on the subject parcel.

B.

Lot width: A lot or parcel in the PU zone must be at least 80 feet wide.

C.

Frontage: A lot or parcel in the PU zone must have frontage on a dedicated street for a minimum distance of 35 feet on a line parallel to the centerline of the street or lane or along the circumference of a cul-de-sac, except for an approved flag lot, which must have frontage of at least 20 feet.

D.

Slope: No building, structure, excavation, or fill is allowed on any natural grade of 30 percent or more, unless it is specifically allowed under section 10-15B-9.A.

A lot that was created before the December 1992 adoption of this title is eligible for a building permit notwithstanding any nonconformity with the requirements of lot area, width, or frontage in section 10-12-3.

A.

Dwellings: A lot may not have more than one single-family dwelling on the lot.

B.

Building size: A structure in the PU zone cannot have a gross area of more than 4,000 square feet, unless allowed under section 10-12-11.

A.

Front setback: A lot or parcel must have a front setback of at least ten feet.

B.

Side setback: A lot or parcel must have side setbacks of at least ten feet.

C.

Side setback; corner lot: In any corner lot, the side setback contiguous to the street or lane must be at least ten feet.

D.

Rear setback: Each lot or parcel of land shall have a rear setback of at least ten feet.

E.

Cemeteries: Cemeteries are exempt from setback requirements.

A.

The following may encroach into a required setback:

1.

A fence or wall that conforms to this title and all other applicable codes or ordinances;

2.

Landscape elements including trees, shrubs, and other plants;

3.

A necessary appurtenance for utility services;

4.

A sign that complies with chapter 24;

5.

A vehicle parking area, but only if the parking area is at least five feet from the side property line, and only if there is a landscape buffer separating the parking area from adjoining property.

B.

The Planning Commission may impose reasonable conditions on any encroachment allowed under subsection A. above.

A.

A principal structure may not be more than 26 feet tall. An accessory structure may not be taller than any principal structure on the same lot.

B.

The height of a structure is measured from the uniform, natural, or cut grade as provided under chapter 15A of this title.

C.

A building or structure in the PU zone may not have more than two stories.

A building or structure in the PU zone must be at least ten feet from any other building or structure on the same lot or parcel. The distance between buildings is measured between the furthest extension of a permanent element on each building.

(Ord. No. 2022-06, § 5, 5-11-2022)

A.

Commercial residential use: It is unlawful for a person to receive money or other consideration in exchange for the rental of any dwelling in the PU zone for a term of 90 days or less. A rental or other arrangement is unlawful under this subsection if it has the purpose or effect of allowing the rental of any dwelling in any PU zone for a term of 90 days or less in exchange for money or other consideration.

B.

Natural hazard: No permanent structure may be permitted or constructed if the construction would put real or personal property or individuals at unreasonable risk of harm or injury from natural, geologic, or topographic hazards including but not limited to landslides, floods, or excessive soil erosion. In addition to compliance with provisions of the state building code governing standards to meet the maximum foreseeable risk of such hazards, a person who develops, improves, manages, or owns such property shall safeguard the property and the general public from unreasonable risk of harm or injury from such natural hazards.

C.

Grading: All excavation, grading, cut and fill operations and siting of roads shall be done under strict control and approval of the Director of Community Development (DCD). Upon review of the building or excavation permit application, the DCD may require a specific revegetation plan and schedule, approved by the Planning Commission, as a condition of the permit issuance. A geotechnical report describing the stability and suitability of said lot or parcel for development must be submitted and approval given prior to the issuance of any excavation permit, pursuant to section 10-1-8 of this title.

D.

Utilities: All utilities must be placed underground on the subject property.

A.

Authority: An increase in building size may be allowed if the criteria in section 10-12-11(C) are met. In all events, a building or structure in the PU zone may not exceed 10,000 square feet.

B.

Request: The Planning Commission will hold a hearing on any request for an increase under section 10-12-11(A) and make a recommendation to the Town Council. The Town Council will hold a public hearing and determine whether to grant the request. The applicant must provide all information necessary for the Planning Commission and Town Council to determine why the increase is needed.

C.

Standards: A request for an increase in building size may be granted only if the following standards are met:

1.

The proposed use is in accordance with the provisions of the General Plan and the same will not be contrary to the public interest; and

2.

The spirit of this title is observed, and substantial justice is done; and

3.

The location of the proposed use is compatible with other land uses in the general neighborhood area and will not adversely affect the same; and

4.

The site is of a sufficient size to accommodate the proposed use, together with all required yards, open spaces, parking and loading facilities, landscaping and such other provisions required by this title; and

5.

The site is served by streets of sufficient capacity to carry the traffic generated by the proposed use; and

6.

The granting of the increase will not be detrimental to the public welfare or impose unreasonable burden upon existing transportation, utilities and service facilities in the vicinity; and

7.

The alterations or modifications will result in an increased benefit to the Town and general public.

A.

Mechanical devices: Air conditioners, heating, cooling and ventilating equipment, propane tanks, swimming pool pumps and heaters, and all other mechanical devices must be screened from the surrounding properties and streets or lanes and shall be operated so that the resulting sound does not exceed the applicable sound control levels as set forth in Town ordinances. Facilities for the operation of alternate energy systems must be designed according to the standards in chapter 15E of this title.

B.

Signs: All signs in the PU zone must comply with the provisions of chapter 24 of this title.

C.

Trash storage: No trash, used materials, wrecked and abandoned vehicles, or equipment may be stored in open areas. These materials must be screened from public streets or walkways and adjacent properties with an opaque fence or wall or be stored within an enclosed building.

D.

Screening: The DCD or Planning Commission may require a decorative masonry wall, fence, or landscape screen for any commercial use along property lines that are adjacent to an FR or VR zone or a residential use of a VC or CC zone. The DCD or Planning Commission will determine if such a wall, fence or screening is appropriate and the extent thereof on a case-by-case basis.

E.

Lighting: All outdoor lighting shall comply with chapter 15C.

F.

Storage: The outside storage of objects and materials is permitted as an accessory use if the storage is totally screened from public view or view of any contiguous property.