A.   The R Residential Zone covers the portion of the Town which is primarily suited for residential development represented by a commingling of one-family and two-family dwellings, limited agricultural activities and parks, playgrounds, schools, churches and other community facilities designed to serve the residents of the Town. The zone is characterized by lots, multiple lot building parcels, uncrowded buildings and quiet residential conditions favorable to the rearing of children. Attractive lawns, shrubs, trees and other landscape features, including water-wise landscape techniques, are characteristic of this zone.

   B.   When initially platted in the early 1900s, lots in the Town were generally forty feet (40') wide and one hundred feet (100') deep. In the years that have followed, property owners have combined lots to develop larger parcels on which modern homes can be built. Beginning in approximately 1994, the Town ordinances required building parcels to be composed of at least two (2) contiguous lots, totaling approximately eight thousand (8,000) square feet. There are many parcels of property in this zone that are composed of two (2) lots. Beginning in 2006, Town ordinances were amended to require that building parcels be composed of three (3) or more lots, totaling approximately twelve thousand (12,000) square feet. The Town has generally recognized that smaller two (2) lot parcels utilized before 2006 were approved, and had become lawful non-conforming uses. The Town has generally tried to make accommodations for parcels of fewer than three (3) contiguous lots by approving single-family homes subject to conditions.

   C.   Owners and developers of property within this zone should bear in mind that for any parcel consisting of fewer than three (3) contiguous lots, strict conditions will be imposed to ensure compliance with Town ordinances and regulations before any approval will be granted.

   D.   The specific regulations necessary for the accomplishment of the intent of the zone are hereinafter set forth. (Ord. 17-02, 3-16-2017)

The following buildings, structures and uses of land shall be permitted upon compliance with the applicable requirements of this title:

Churches.

Customary residential accessory structures, such as garages.

Fences, walls and hedges, subject to the requirements of section 10-10-13 of this title.

Gardens, orchards and field crops.

Home occupations, subject to the provisions of section 10-10-17 of this title.

Household pets, excluding kennels.

Minor utility transmission projects.

Public agency parks and playgrounds.

Single-family and two-family dwellings, conventional construction.

Single-family and two-family dwellings, manufactured housing, subject to the provisions of section 10-10-21 of this title, and subject to Federal (HUD) housing regulations.

Temporary signs advertising the sale of the premises not exceeding twelve (12) square feet. (Ord. 17-02, 3-16-2017; amd. Ord. 2019-15, 12-12-2019)

The following uses of land shall be allowed in the R Zone as a conditional use upon compliance with the reasonable requirements of the Planning Commission, as well as the requirements set forth in this title, and otherwise as provided by Town ordinances:

Earth shelter home projects, subject to the provisions of section 10-10-20 of this title and the prior approval of a site plan in accordance with the provisions of section 10-10-19 of this title.

Establishments and uses determined by the Town to be similar and compatible with the permitted uses described in this article.

Household pets. A fourth dog may be approved as a conditional use.

Multi-family dwellings, including rental or condominium housing with three (3) or four (4) units.

Planned unit development and residential condominium projects, subject to the applicable provisions of chapter 13 of this title.

Public schools, buildings and grounds, not including storage yards, subject to the conditions of section 10-10-18 of this title.

Raising, care and keeping of limited numbers of animals and fowl for family food or recreation, subject to the following:

   A.   Each lot or parcel upon which livestock or fowl are to be kept shall contain a designated "livestock management area", as defined in section 10-2-1 of this title.

   B.   The total number of animals or fowl kept on any lot shall not exceed one (1) animal unit for each four thousand five hundred (4,500) square feet of livestock management area; provided, that no bovine, equine or similar large animal shall be kept on any lot or parcel where the livestock management area is less than thirteen thousand (13,000) square feet.

   C.   On any lot which contains a dwelling, the livestock management area shall not include territory required to meet the area or setback requirements for an appurtenant dwelling (i.e., the first 12,000 square feet for a one-family dwelling).

   D.   All corrals and pens for the enclosure of livestock, and all barns, stables, coops, sheds, hutches or similar buildings used for the housing or confinement of livestock or fowl shall be located no closer than seventy five feet (75') to an existing dwelling or other occupied structure located on an adjacent lot, or forty feet (40') to such dwelling or structure on the same lot.

   E.   The parcel, or any portion thereof, proposed to be used for livestock raising purposes shall be first approved by the Planning Commission or the Town Engineer as a qualified livestock management area.

   F.   For animals other than bovine or equine, partial animal units shall be permitted, to be prorated in accordance with the definitions found at section 10-2-1 of this title, and in accordance with the number of square feet within the livestock management area.

Residential facility for disabled persons, subject to the provisions of section 10-10-23 of this title, and subject to other State and Federal regulations.

Single-family homes on parcels of less than three (3) platted and contiguous Town lots. (Ord. 17-02, 3-16-2017; amd. Ord. 2019-15, 12-12-2019)

The minimum area and width requirements of a zoning lot shall be as follows:

 

 

(Ord. 17-02, 3-16-2017)

Each lot shall abut upon and have direct access to a Town street. The distance of said abutting side shall be not less than the minimum width requirement of the zone, except that the length of said abutting side may be reduced to not less than sixty feet (60') when the lot fronts upon a cul-de-sac or curve in a designated Town street and the lot lines radiate in such a manner that the width of the lot will meet or exceed the minimum width requirements of the zone at a distance of forty feet (40') from the front setback line as measured along the side lot line. (Ord. 17-02, 3-16-2017)

   A.   Main Buildings: All dwellings and other main buildings and structures shall be set back in accordance with the following:

      1.   Front Setback: All dwellings and other main buildings shall be set back twenty feet (20') from the front lot line.

      2.   Side Setbacks:

         a.   Interior lots: All dwellings and other attached main buildings, including carports, garages or similar structures, shall be set back not less than eight feet (8') from either side lot line and the combined total distance of the two (2) side setbacks shall not be less than twenty feet (20').

         b.   Corner lots; side abutting street: All dwellings and other main buildings shall be set back not less than twenty feet (20') from the side lot which abuts on a street.

      3.   Rear Setback; Interior Lots: All dwellings shall be set back not less than twenty feet (20') from the rear lot line.

   B.   Accessory Buildings: All accessory buildings shall be located in accordance with the following:

      1.   Setback From Main Building; Front Setback: Accessory buildings shall be set back not less than twenty feet (20') from front property line, and not less than eight feet (8') from the closest side wall or rear wall of the main building. Accessory buildings which are located eight feet (8') or closer to a main building shall be considered as part of the main building. Where no main building exists on a lot, a detached accessory building shall be set back not less than twenty feet (20') from the front lot line.

      2.   Side Setbacks:

         a.   Interior lots: Detached accessory buildings shall be set back not less than three feet (3') from the drip line on the side property line.

         b.   Side setback; corner lot, side abutting street: Accessory buildings shall be set back not less than twenty feet (20') from the side lot line which abuts on a street.

      3.   Rear Setback: The rear setback for an accessory building shall not be less than three feet (3') from the drip line. (Ord. 17-02, 3-16-2017)

   A.   Maximum: The maximum height of any building shall be thirty feet (30') or two and one-half (21/2) stories, whichever is higher. Where the ground is uneven in height, the average elevation thereof shall apply. Chimneys, flag poles, television antennas and similar ancillary structures not used for human occupancy shall be excluded in determining height; provided, that no such ancillary structure shall extend to a height in excess of fifteen feet (15') above the building except when approved by the Planning Commission.

   B.   Minimum: The minimum height of a building used as a dwelling shall not be less than eight feet (8'), except when approved as an earth shelter home project as provided in section 10-10-20 of this title. (Ord. 17-02, 3-16-2017)

All dwellings and other structures to be used for human occupancy shall be served by the Town water and sewer systems in accordance with the provisions of section 10-10-22 of this title. (Ord. 17-02, 3-16-2017)

   A.   Area Dwellings: The ground floor of any one-family dwelling shall contain not less than nine hundred fifty (950) square feet of living area. The ground floor area of any two-family dwelling shall contain not less than one thousand nine hundred (1,900) square feet, and each unit shall contain not less than nine hundred fifty (950) square feet of living area.

   B.   Minimum Dimension: The minimum width or length dimension of any dwelling as measured from the outside wall shall be not less than twenty four feet (24'). Nonliving spaces, such as garages, porches and sheds, shall not be included in determining compliance with this requirement. (Ord. 17-02, 3-16-2017)

   A.   The R-4 Multiple Residential Zone has been established for the purpose of providing a location within the Town where one-, two- and multiple-family dwellings, up to a maximum of four (4) dwelling units per structure, can be located most appropriately. This zone is characterized by a variety of dwelling types and denser residential environment than is characteristic of the other residential zones. However, attractive lawns, shrubs, trees and other landscape planting about the house and the parking areas are also characteristic of this zone. It is anticipated that area placed in this zone will be relatively small and will be distributed in throughout the community where higher density development can be best accommodated and where the commingling of various types of residential uses, churches and schools can occur with minimum disruption of traditional development patterns.

   B.   Representative of the uses of this zone are one-, two-, three- and four-family dwellings mingled with churches, schools and parks. Commercial uses, office buildings and industrial establishments inconsistent with the intent of the zone are not permitted.

   C.   The specific regulations necessary for the accomplishment of the zone are hereinafter set forth. (Ord. 17-02, 3-16-2017)

The following buildings, structures and uses of land shall be permitted upon compliance with the applicable requirements of this title:

Churches.

Customary residential accessory structures.

Fences, walls and hedges, subject to the requirements of section 10-10-13 of this title.

Foster care homes containing not more than three (3) non- related foster care occupants.

Gardens, orchards and field crops.

Home occupations, subject to the provisions of section 10-10-17 of this title.

Household pets, not including kennels.

Minor utility transmission project.

One-, two-, three- and four-family dwellings, conventional construction.

One-, two-, three- and four-family dwellings, manufactured housing, subject to the provisions of section 10-10-21 of this title.

Public agency parks and playgrounds.

Temporary signs advertising the sale of the premises not exceeding twelve (12) square feet. (Ord. 17-02, 3-16-2017; amd. Ord. 2019-15, 12-12-2019)

The following buildings, structures and uses of land shall be permitted upon compliance with the applicable requirements of this title and after approval has been given by the designated review agency:

Earth shelter home projects, subject to the provisions of section 10-10-20 of this title and the prior approval of a site plan in accordance with the provisions of section 10-10-19 of this title.

Planned unit developments and residential condominium projects subject to the applicable provisions of section 10-13-1 of this title.

Public schools, buildings and grounds, not including storage yards, subject to the conditions of section 10-10-18 of this title.

Residential facility for disabled persons, subject to the provisions of section 10-10-23 of this title. (Ord. 17-02, 3-16-2017; amd. Ord. 2019-15, 12-12-2019)

The minimum area and width requirements of a zoning lot shall be as follows:

 

 

(Ord. 17-02, 3-16-2017)

Each lot shall abut upon and have direct access to a Town street. The distance of said abutting side shall be not less than the minimum width requirement of the zone, except that the length of said abutting side may be reduced to not less than sixty feet (60') when the lot fronts upon a cul-de-sac or curve in a designated Town street and the lot lines radiate in such a manner that the width of the lot will meet or exceed the minimum width requirements of the zone at a distance of forty feet (40') from the front setback line as measured along the side lot line. (Ord. 17-02, 3-16-2017)

   A.   Main Buildings: All dwellings and other main buildings and structures shall be set back in accordance with the following:

      1.   Front Setback: All dwellings and other main buildings shall be set back twenty feet (20') from the front lot line.

      2.   Side Setbacks:

         a.   Interior lots: All dwellings and other attached main buildings, including carports, garages or similar structures, shall be set back not less than eight feet (8') from either side lot line and the combined total distance of the two (2) side setbacks shall not be less than twenty feet (20').

         b.   Corner lots; side abutting street: All dwellings and other main buildings shall be set back not less than twenty feet (20') from the side lot which abuts on a street.

      3.   Rear Setback; Interior Lots: All dwellings shall be set back not less than twenty feet (20') from the rear lot line.

   B.   Accessory Buildings: All accessory buildings shall be located in accordance with the following:

      1.   Setback From Main Building; Front Setback: Accessory buildings shall be set back not less than twenty feet (20') from front property line, and not less than eight feet (8') from the closest side wall or rear wall of the main building. Accessory buildings which are located eight feet (8') or closer to a main building shall be considered as part of the main building. Where no main building exists on a lot, a detached accessory building shall be set back not less than twenty feet (20') from the front lot line.

      2.   Side Setbacks:

         a.   Interior lots: Detached accessory buildings shall be set back not less than three feet (3') from the drip line on the side property line.

         b.   Side setback; corner lot, side abutting street: Accessory buildings shall be set back not less than twenty feet (20') from the side lot line which abuts on a street.

      3.   Rear Setback: The rear setback for an accessory building shall not be less than three feet (3') from the drip line. (Ord. 17-02, 3-16-2017)

   A.   Maximum: The maximum height of any building shall be thirty feet (30') or two and one-half (21/2) stories, whichever is higher. Where the ground is uneven in height, the average elevation thereof shall apply. Chimneys, flagpoles, television antennas, church towers and similar ancillary structures not used for human occupancy shall be excluded in determining height; provided, that no such ancillary structure shall extend to a height in excess of fifteen feet (15') above the building, except when approved by the Planning Commission as set forth under section 10-10-19 of this title.

   B.   Minimum: The minimum height of a building used as a dwelling shall be not less than eight feet (8'), except when approved as an earth shelter home project as provided in section 10-10-20 of this title. (Ord. 17-02, 3-16-2017)

All dwellings and other structures to be used for human occupancy shall be served by the Town water and sewer systems. (Ord. 17-02, 3-16-2017)

   A.   Minimum Area: The ground floor of any one-family dwelling shall contain not less than nine hundred fifty (950) square feet of living area. The ground floor living area on any two-, three- or four-family dwellings shall be not less than three thousand eight hundred (3,800) square feet. Each dwelling unit shall contain not less than nine hundred fifty (950) square feet of living area.

   B.   Minimum Dimension: The minimum width or length dimension of any dwelling as measured from the outside wall shall be not less than twenty four feet (24'). Nonliving spaces, such as garages, porches and sheds, shall not be included in determining compliance with these requirements. (Ord. 17-02, 3-16-2017)

Prior to the issuance of a building permit for any dwelling containing three (3) or more units, a site plan shall be submitted to and approved by the Planning Commission in accordance with the provisions of section 10-10-19 of this title. (Ord. 17-02, 3-16-2017)