No building or structure shall be erected, converted, enlarged, reconstructed, or structurally altered, nor shall any building or land be used for any purpose other than is permitted in the district in which the building or land is located, and except in conformity with regulations of the district in which the building is located. (Ord. 213, 7-8-2021: Ord. 189, 8-9-2012)

All buildings or structures shall be erected, constructed, reconstructed or altered to be of a rustic nature. The specifications contained herein are intended to assist in defining such materials term "rustic nature" with respect to the specific subject matter of this section. Exterior wall surfaces, including siding and trim of all permitted building projects shall be of logs, shakes, rough lumber, rough wood, board and batten, shingles, wood lap siding, native stone, metal such as cold rolled steel that allows or approximates a natural rusting finish, or concrete fabrication that truly resembles wood. All exterior materials shall be non-reflective. All materials not approved include, but are not limited to, stucco, plaster, brick, canvas, and vinyl. Rustic roofing materials include shakes or wooden shingles, earth tone composite shingle, concrete fabrication that truly resembles wood, and nonreflective metal in colors as set forth herein. To prevent modernistic appearance, or adverse visual impacts, flat or shed type roofs may be permitted on a case by case basis by the City Council to protect scenic vistas by reducing ridgeline/skyline visibility issues. If scenic visibility is not an issue, the Council also may permit flat or shed roofs if the structure would remain in compliance with the intent of Stanley Comprehensive Plan. Flat or shed type roofs are not normally considered rustic. These flat and shed roof restrictions apply only to main buildings, not to accessory buildings or to shed dormers and porch roofs. Glass roofs are not permitted. Provided, however, that accessory buildings, whether permanent or nonpermanent structures, used as greenhouses, can have clear or translucent rigid or non-rigid exterior wall and roof surfaces not meeting the criteria listed above, or if wall or roof surfaces are colored then they shall conform to the approved color chart. Floor to ceiling windows, commonly called "curtain windows" or "curtain walls" are not permitted.

   A.   Semitransparent stains which replicate natural wood colors or which allow natural woodgrain and color to be visible through the stain are allowed.

   B.   Paint and solid stain treatments used for wall surfaces, trim, siding, decking and railing or permanently colored metal and other permanently colored materials used for wall surfaces, trim, siding, decking and railing must be in subdued shades of colors which blend with the natural surroundings visible from the building site. Certain specific shades of colors have been approved as satisfying this definition. A chart showing the approved shades of colors is attached to the ordinance codified herein as exhibit A, is incorporated herein by this reference, and shall be kept on file in the office of the city clerk.

   C.   Certain colors for nonreflective metal roofs have been approved as satisfying the requirement that buildings be constructed in a "rustic nature". A chart showing the approved colors for nonreflective metal roofs is attached to the ordinance codified herein as exhibit B, is incorporated herein by this reference, and shall be kept on file in the office of the city clerk.

   D.   Porch, deck railings, and decorative architectural features shall be constructed of wood, composite materials that appear like wood, stone, or metal such as cold rolled steel that allows or approximates a natural rusting finish. Screening, rods, cables, wires or posts must be of rusted metal or non-reflective colors approved on the Exhibit A color chart. (Ord. 213, 7-8-2021: Ord. 189, 8-9-2012: Ord. 184, 2-10-2011)

No building within the city limits or area of city impact shall exceed twenty eight feet (28') in height, except as provided in 17.40.032E, and except that a building that will skyline above a ridgeline as viewed from a public vantage point entering the city or within the City of Stanley shall be limited to a single story with a viewable facade no more than eighteen feet (18') in height. (Ord. 213, 7-8-2021: Ord. 131, 3-4-1998: Ord. 70, 1984: Ord. 44, 1977)

   A.   The provisions of this section shall apply to any building site where the topographic slope of said building site exceeds fifteen percent (15%) grade.

   B.   Cut and fill slopes shall comply with the following development standards:

      1.   Fill areas shall be prepared by removing organic material, such as vegetation and rubbish, and any other material which is determined by the soils engineer to be detrimental to proper compaction or otherwise not conducive to stability; no rock or similar irreducible material with a maximum dimension greater than eight inches (8") shall be used as fill material in fills that are intended to provide structural strength.

      2.   Fills shall be compacted to at least ninety five percent (95%) of maximum density, as determined by AASHO T99 and ASTM D698.

      3.   Cut slopes shall be no steeper than two (2) horizontal to one vertical; subsurface drainage shall be provided as necessary for stability.

      4.   Fill slopes shall be no steeper than two (2) horizontal to one vertical; fill slopes shall not be located on natural slopes two to one (2:1) or steeper, or where fill slope toes out within twelve feet (12') horizontally of the top of an existing or planned cut slope.

      5.   Tops and toes of cut and fill slopes shall be set back from property boundaries a distance of three feet (3') plus one-fifth (1/5) of the height of the cut or fill, but need not exceed a horizontal distance of ten feet (10'); tops and toes of cut and fill slopes shall be set back from structures a distance of six feet (6') plus one-fifth (1/5) the height of the cut or fill, but need not exceed ten feet (10').

      6.   The maximum horizontal distance of disturbed soil surface shall not exceed seventy five feet (75').

      7.   All cut and fill slopes shall be revegetated and/or rehabilitated with retaining walls to eliminate unsightly hillside scarring and erosion. In those instances when it is necessary to disturb naturally vegetated slopes during construction of dwellings and other associated improvements, the disturbed slope areas shall be repaired and revegetated. Temporary or permanent watering systems shall be installed and maintained during revegetation to ensure adequate growth on revegetated existing or new cut and fill slope areas. Revegetation shall consist of drought tolerant ground cover plantings, dry land grasses, shrubs, and trees combined with rock groupings, retaining walls or other similar designs or methods to prevent soil erosion and unsightly views. Plants and materials used in the revegetation shall not be of a type or variety to cause an environmental threat or concern to the local or forest environment and shall not include any plants listed as noxious weeds by Custer County.

   C.   Revegetation as defined in subsection B for all cut and fill slopes shall be completed no later than twelve (12) months from the expiration date of the building permit or within twelve (12) months of building completion, whichever is earlier.

   D.   Retaining walls are limited to eight feet (8') in height above finished grade of retaining wall unless otherwise approved by the city council. For areas or slopes exceeding eight feet (8') in height above the finished grade, or as required by engineering or other circumstances, stair stepped or offset retaining walls shall be constructed. Unless approved otherwise by the city council, the horizontal distance between the stepped or offset wall shall not be less than one-half (1/2) the retaining wall height. Retaining walls shall be constructed of durable or permanent materials, which are attractive earth tone or natural material, or otherwise screened. Types of approved retaining wall materials include keystone block, large rock, natural rustic wood, railroad ties or other similar natural material. A "retaining wall" shall be defined as a structure built of approved materials, whose purpose shall be to stabilize existing or manufactured slopes for both the prevention of erosion and the creation of a building site. A retaining wall, which is in an integral part of a building's structural design, and is attached to the building shall be considered as part of that building's "viewable facade", with the provision that its total length does not exceed twenty percent (20%) of the length of the main building, and therefore not subject to the eight foot (8') height limitation.

   E.   No building shall have a viewable facade that exceeds twenty eight feet (28') in height, unless a daylight basement is approved by the City Council, in which case the viewable facade as viewed from no more than three (3) sides shall not exceed thirty eight feet (38') in height. A "daylight basement" shall exist when at least one side of the basement level is totally or partially excavated or backfilled into a hillside, and at least two (2) other sides significantly excavated or backfilled into a hillside. At least one side must have a viewable facade of no more than twenty-eight feet (28') in height. The "viewable facade" of a structure shall be defined as the total visible portion of that structure from any particular side, from lowest point to rooftop.

   F.   Construction of dwellings and associated improvements should take into consideration the need for erosion control facilities and techniques during and after construction. Silt fences, straw bales, berms and ditches are examples of temporary techniques to control erosion. Under no circumstances shall uncontrolled erosion be allowed to deposit eroded materials on any adjacent lot, roadway, stream or wetland area. Existing or new cut and fill slopes should be protected from erosion potential. Permanent erosion control facilities should be incorporated in the design of the dwelling, lot grading, landscaping and other improvements. (Ord. 229, 7-31-2025: Ord. 213, 7-8-2021: Ord. 152, 11-7-2001)

Mobile homes shall not be allowed within the city except as allowed in chapters 17.44 and 17.46 of this title. (Ord. 213, 7-8-2021: Ord. 44, 1977)

Minimum width of any street within the city shall be sixty feet (60'), and free from any obstructions or encroachments. All sidewalks shall commence no more than one foot (1') from the edge of the street right-of-way and continue parallel to the centerline along the street at that same distance unless obstructed by utility infrastructure. Sidewalks shall be constructed and erected only upon the consent of the city council after a building permit has been secured, as provided in this title. All sidewalks shall be boardwalks which shall consist of two (2) parallel, ground level support beams of redwood or pressure treated wood which is decay resistant. These support beams shall be placed to support the interior edge and exterior edge of the walking surface. The walking surface shall be a minimum of four feet (4') in width and consist of new wood planking or appropriate wood-like material approved by the City Council. The walking surface shall measure, at a minimum, one and three-fourths inches by three and one-half inches (1¾" x 3½") set perpendicular to the support beams. The walking surface of boardwalks shall be approximately six inches to eight inches (6"-8") above the edge of the street. A sufficient drainage system shall be provided by the applicant. (Ord. 213, 7-8-2021: Ord. 108, 5-10-1993)