Townsend City Zoning Code

13.20 GENERAL

LAND USE STANDARDS AND REQUIREMENTS

13.20.010 Area Requirements For Individual Buildings - Restrictions

No part of any yard, setback, or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this title, shall be included as part of a yard, setback, open space or off-street parking or loading space similarly required for any other building except as provided in this title.

13.20.020 Yards, Setbacks And Lots

No yard setback existing at the time of adoption of the ordinance codified in this title shall be reduced in dimension or area below the minimum requirements of said ordinance except as set forth herein. Yards, setbacks, or lots created after the effective date of said ordinance shall meet at least the minimum requirements established by this title.
Yard Setback Measurements:
1. Front Yard. Depth of required front yards is measured at right angles to a straight line joining the foremost points of the side lot lines. The foremost point of the side lot line, in the case of rounded property corners at street intersections, will be assumed to be the point at which the side and front lot lines would have met without such rounding. Front and rear yard lines will be parallel or conform to the direction of established right of way or easement lines.
2. Side Yard. Width of a required side yard is measured in such a manner that the yard established is a strip of the minimum width required by the district regulations with its inner edge parallel with the side lot line.
3. Rear Yard. Depth of a required rear yard is measured in such a manner that the yard established is a strip of the minimum width required by district regulations with its inner edge parallel with the rear lot line.

13.20.030 Use Of Lands -- Buildings And Structures

Only Uses Specifically Identified by This Title to be Built. No building, or structure or part thereof shall be erected, altered, or enlarged for a use, nor shall any existing building, structure or part thereof, or land, be used for a purpose or in a manner that is not in conformity with the uses listed as permitted uses for the zone in which such buildings, structure or land is situated. In addition, any land, building or structure to be erected or used for a purpose listed as a conditional use in such zone shall first receive approval from the City Council. Existing nonconforming uses and structures shall be governed by this title.
No building, or part thereof, or structure shall be erected, nor shall any existing building be altered, enlarged, or rebuilt, or moved into any zone, nor shall any open space be encroached upon or reduced in any manner, except in conformity to the yard and setback regulations designed for the zone in which such building or open space is located, except as otherwise specified in this title.
Recreational Vehicle Parking on Residential Lot. No person shall park or occupy any recreational vehicle or mobile home on the premises of any occupied dwelling or on any lot which is not a part of the premises of any occupied dwelling, either of which is situated outside of any approved recreational vehicle park except that:
1. The parking of no more than two unoccupied recreational vehicles in any district is permitted except in the sight vision triangle, providing no living quarters shall be maintained or any business practiced in the recreational vehicle while such recreational vehicle is so parked or stored.
2. Temporary use permits may be granted for occupying a recreational vehicle or mobile home through the variance process outline in TMC 13.36.

13.20.040 Dwelling Unit Restrictions

No Use of Unfinished Structures. No cellar, garage, tent, tepee, yurt, basement with unfinished structure above, accessory building, or vehicle; shall at any time be used as a dwelling unit.

13.20.050 Accessory Buildings Uses And Equipment

An accessory building shall be considered an integral part of the principal building if it is connected to the principal building by a common wall for not less than five feet.
Accessory buildings, uses, or equipment shall not be stored or constructed within the front yard setback.
Accessory buildings and garages shall not be located within a utility easement without written approval of the easement holder.
1. No accessory building shall exceed the 1.5 times the footprint of the principal building.
Rooftop mechanical equipment should be screened. Screening should be incorporated into the roof form when possible. Ground mounted mechanical equipment shall be screened from public rights-of-way with walls, fencing or evergreen plant materials. Mechanical equipment shall not encroach into required setbacks.

13.20.060 Yard Setback And Height Encroachments, Limitations And Exceptions

Permitted Encroachments into Yard Setbacks. The following shall be permitted encroachments into required yard setbacks:
1. Architectural features, which do not add usable area to a structure, such as chimneys, balconies, stairways, wing walls, bay windows, sills, pilasters, lintels, cornices, eaves, gutters, awnings, window wells and steps:
  1. provided such architectural features do not extend more than 5 feet into any required front or rear yard setback.
  2. provided such architectural features do not extend more than 2 feet into any required side yard setback, except that eaves and gutters may extend 2.5 feet into any required side yard setback.
2. Terraces and patios, uncovered decks and stoops or similar features, provided that such features shall not extend above the top of the second story floor of the principal structure nor more than 5 feet into any required front or rear yard setback or 1 feet into any required side yard setback,
3. Porches, covered terraces, and covered decks may encroach:
  1. not more than 5 feet into any required front yard setback.
  2. not more than 5 feet into a required rear yard setback.
  3. not more than 1 feet into any required side yard setback.
4. Fire escapes may be permitted in required side or rear yard setback only.
5. Wheelchair ramps may encroach into any required yard setback.
6. Flag poles, ornamental features, trees, shrubs, walkways, nameplate signs, and floodlights or other sources of illumination provided the direct source of light is not visible from the public right-of-way or adjacent residential property.
Zero Lot Line Conditions. In districts where zero side yard setbacks are not otherwise allowed, where an individual owns two or more adjoining lots, or where the owners of two or more adjoining lots make legal written agreement recorded at the Broadwater County Clerk and Recorder, a zero-lot line concept may be used for commercial or single-household dwelling unit developments. In residential districts this may result in the creation of a dwelling, two-household residential structure, only in districts permitting such a structure, or the creation of townhouses in districts permitting such structures. In all such cases in residential districts, the minimum 10- foot side yard setback required by the District shall be maintained adjacent to the exterior side, or nonzero lot line side, of the structure.
Height Limitation Exceptions.
1. Non-Specific Exemptions. No building, or part thereof, or structure shall be erected, reconstructed, or structurally altered to exceed in height the limit herein designated for the district in which such building is located.
2. Specific Exemptions.
  1. Height limitations shall not apply to church spires, belfries, cupolas, and domes; monuments; lightning rods; chimneys and smokestacks; flag poles; public and private utility facilities; parapet walls extending no more than 4 feet above the limiting height of the building except as hereinafter provided; and solar energy collectors and equipment used for the mounting or operation of such collectors.
  2. Places of public assembly in churches, schools and other permitted public and semipublic buildings may exceed height limitations otherwise established by this title, provided that:
    1. These are located on the ground floor of such buildings; and
    2. That for each 1 foot by which the height of such building exceeds the maximum height otherwise permitted in the district, its side and rear yard setback shall be increased in width or depth by an additional 1 foot over the side and rear yard setback required in the district.
  3. Elevator and stair penthouses, water tanks, monitors and scenery lofts are exempt from height limitations otherwise established in this title, provided that no linear dimension of any such structure exceed 50 percent of the corresponding street frontage line.
  4. Monuments, cooling towers, gas holders or other structures, where the manufacturing process requires a greater height, and grain elevators and silos are exempt from this title, provided that any structure above the height otherwise permitted in the district shall occupy no more than 25 percent of the area of the lot and shall be at least 25 feet from every lot line.
  5. Wind generation mills and equipment used for the mounting and operation of such mills for domestic (private and noncommercial) accessory use may exceed height limitations otherwise established by this title by not more than 10 feet.

Townsend City Zoning Code

13.20 GENERAL

LAND USE STANDARDS AND REQUIREMENTS

13.20.010 Area Requirements For Individual Buildings - Restrictions

No part of any yard, setback, or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this title, shall be included as part of a yard, setback, open space or off-street parking or loading space similarly required for any other building except as provided in this title.

13.20.020 Yards, Setbacks And Lots

No yard setback existing at the time of adoption of the ordinance codified in this title shall be reduced in dimension or area below the minimum requirements of said ordinance except as set forth herein. Yards, setbacks, or lots created after the effective date of said ordinance shall meet at least the minimum requirements established by this title.
Yard Setback Measurements:
1. Front Yard. Depth of required front yards is measured at right angles to a straight line joining the foremost points of the side lot lines. The foremost point of the side lot line, in the case of rounded property corners at street intersections, will be assumed to be the point at which the side and front lot lines would have met without such rounding. Front and rear yard lines will be parallel or conform to the direction of established right of way or easement lines.
2. Side Yard. Width of a required side yard is measured in such a manner that the yard established is a strip of the minimum width required by the district regulations with its inner edge parallel with the side lot line.
3. Rear Yard. Depth of a required rear yard is measured in such a manner that the yard established is a strip of the minimum width required by district regulations with its inner edge parallel with the rear lot line.

13.20.030 Use Of Lands -- Buildings And Structures

Only Uses Specifically Identified by This Title to be Built. No building, or structure or part thereof shall be erected, altered, or enlarged for a use, nor shall any existing building, structure or part thereof, or land, be used for a purpose or in a manner that is not in conformity with the uses listed as permitted uses for the zone in which such buildings, structure or land is situated. In addition, any land, building or structure to be erected or used for a purpose listed as a conditional use in such zone shall first receive approval from the City Council. Existing nonconforming uses and structures shall be governed by this title.
No building, or part thereof, or structure shall be erected, nor shall any existing building be altered, enlarged, or rebuilt, or moved into any zone, nor shall any open space be encroached upon or reduced in any manner, except in conformity to the yard and setback regulations designed for the zone in which such building or open space is located, except as otherwise specified in this title.
Recreational Vehicle Parking on Residential Lot. No person shall park or occupy any recreational vehicle or mobile home on the premises of any occupied dwelling or on any lot which is not a part of the premises of any occupied dwelling, either of which is situated outside of any approved recreational vehicle park except that:
1. The parking of no more than two unoccupied recreational vehicles in any district is permitted except in the sight vision triangle, providing no living quarters shall be maintained or any business practiced in the recreational vehicle while such recreational vehicle is so parked or stored.
2. Temporary use permits may be granted for occupying a recreational vehicle or mobile home through the variance process outline in TMC 13.36.

13.20.040 Dwelling Unit Restrictions

No Use of Unfinished Structures. No cellar, garage, tent, tepee, yurt, basement with unfinished structure above, accessory building, or vehicle; shall at any time be used as a dwelling unit.

13.20.050 Accessory Buildings Uses And Equipment

An accessory building shall be considered an integral part of the principal building if it is connected to the principal building by a common wall for not less than five feet.
Accessory buildings, uses, or equipment shall not be stored or constructed within the front yard setback.
Accessory buildings and garages shall not be located within a utility easement without written approval of the easement holder.
1. No accessory building shall exceed the 1.5 times the footprint of the principal building.
Rooftop mechanical equipment should be screened. Screening should be incorporated into the roof form when possible. Ground mounted mechanical equipment shall be screened from public rights-of-way with walls, fencing or evergreen plant materials. Mechanical equipment shall not encroach into required setbacks.

13.20.060 Yard Setback And Height Encroachments, Limitations And Exceptions

Permitted Encroachments into Yard Setbacks. The following shall be permitted encroachments into required yard setbacks:
1. Architectural features, which do not add usable area to a structure, such as chimneys, balconies, stairways, wing walls, bay windows, sills, pilasters, lintels, cornices, eaves, gutters, awnings, window wells and steps:
  1. provided such architectural features do not extend more than 5 feet into any required front or rear yard setback.
  2. provided such architectural features do not extend more than 2 feet into any required side yard setback, except that eaves and gutters may extend 2.5 feet into any required side yard setback.
2. Terraces and patios, uncovered decks and stoops or similar features, provided that such features shall not extend above the top of the second story floor of the principal structure nor more than 5 feet into any required front or rear yard setback or 1 feet into any required side yard setback,
3. Porches, covered terraces, and covered decks may encroach:
  1. not more than 5 feet into any required front yard setback.
  2. not more than 5 feet into a required rear yard setback.
  3. not more than 1 feet into any required side yard setback.
4. Fire escapes may be permitted in required side or rear yard setback only.
5. Wheelchair ramps may encroach into any required yard setback.
6. Flag poles, ornamental features, trees, shrubs, walkways, nameplate signs, and floodlights or other sources of illumination provided the direct source of light is not visible from the public right-of-way or adjacent residential property.
Zero Lot Line Conditions. In districts where zero side yard setbacks are not otherwise allowed, where an individual owns two or more adjoining lots, or where the owners of two or more adjoining lots make legal written agreement recorded at the Broadwater County Clerk and Recorder, a zero-lot line concept may be used for commercial or single-household dwelling unit developments. In residential districts this may result in the creation of a dwelling, two-household residential structure, only in districts permitting such a structure, or the creation of townhouses in districts permitting such structures. In all such cases in residential districts, the minimum 10- foot side yard setback required by the District shall be maintained adjacent to the exterior side, or nonzero lot line side, of the structure.
Height Limitation Exceptions.
1. Non-Specific Exemptions. No building, or part thereof, or structure shall be erected, reconstructed, or structurally altered to exceed in height the limit herein designated for the district in which such building is located.
2. Specific Exemptions.
  1. Height limitations shall not apply to church spires, belfries, cupolas, and domes; monuments; lightning rods; chimneys and smokestacks; flag poles; public and private utility facilities; parapet walls extending no more than 4 feet above the limiting height of the building except as hereinafter provided; and solar energy collectors and equipment used for the mounting or operation of such collectors.
  2. Places of public assembly in churches, schools and other permitted public and semipublic buildings may exceed height limitations otherwise established by this title, provided that:
    1. These are located on the ground floor of such buildings; and
    2. That for each 1 foot by which the height of such building exceeds the maximum height otherwise permitted in the district, its side and rear yard setback shall be increased in width or depth by an additional 1 foot over the side and rear yard setback required in the district.
  3. Elevator and stair penthouses, water tanks, monitors and scenery lofts are exempt from height limitations otherwise established in this title, provided that no linear dimension of any such structure exceed 50 percent of the corresponding street frontage line.
  4. Monuments, cooling towers, gas holders or other structures, where the manufacturing process requires a greater height, and grain elevators and silos are exempt from this title, provided that any structure above the height otherwise permitted in the district shall occupy no more than 25 percent of the area of the lot and shall be at least 25 feet from every lot line.
  5. Wind generation mills and equipment used for the mounting and operation of such mills for domestic (private and noncommercial) accessory use may exceed height limitations otherwise established by this title by not more than 10 feet.

Townsend City Zoning Code

13.20 GENERAL

LAND USE STANDARDS AND REQUIREMENTS

13.20.010 Area Requirements For Individual Buildings - Restrictions

No part of any yard, setback, or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this title, shall be included as part of a yard, setback, open space or off-street parking or loading space similarly required for any other building except as provided in this title.

13.20.020 Yards, Setbacks And Lots

No yard setback existing at the time of adoption of the ordinance codified in this title shall be reduced in dimension or area below the minimum requirements of said ordinance except as set forth herein. Yards, setbacks, or lots created after the effective date of said ordinance shall meet at least the minimum requirements established by this title.
Yard Setback Measurements:
1. Front Yard. Depth of required front yards is measured at right angles to a straight line joining the foremost points of the side lot lines. The foremost point of the side lot line, in the case of rounded property corners at street intersections, will be assumed to be the point at which the side and front lot lines would have met without such rounding. Front and rear yard lines will be parallel or conform to the direction of established right of way or easement lines.
2. Side Yard. Width of a required side yard is measured in such a manner that the yard established is a strip of the minimum width required by the district regulations with its inner edge parallel with the side lot line.
3. Rear Yard. Depth of a required rear yard is measured in such a manner that the yard established is a strip of the minimum width required by district regulations with its inner edge parallel with the rear lot line.

13.20.030 Use Of Lands -- Buildings And Structures

Only Uses Specifically Identified by This Title to be Built. No building, or structure or part thereof shall be erected, altered, or enlarged for a use, nor shall any existing building, structure or part thereof, or land, be used for a purpose or in a manner that is not in conformity with the uses listed as permitted uses for the zone in which such buildings, structure or land is situated. In addition, any land, building or structure to be erected or used for a purpose listed as a conditional use in such zone shall first receive approval from the City Council. Existing nonconforming uses and structures shall be governed by this title.
No building, or part thereof, or structure shall be erected, nor shall any existing building be altered, enlarged, or rebuilt, or moved into any zone, nor shall any open space be encroached upon or reduced in any manner, except in conformity to the yard and setback regulations designed for the zone in which such building or open space is located, except as otherwise specified in this title.
Recreational Vehicle Parking on Residential Lot. No person shall park or occupy any recreational vehicle or mobile home on the premises of any occupied dwelling or on any lot which is not a part of the premises of any occupied dwelling, either of which is situated outside of any approved recreational vehicle park except that:
1. The parking of no more than two unoccupied recreational vehicles in any district is permitted except in the sight vision triangle, providing no living quarters shall be maintained or any business practiced in the recreational vehicle while such recreational vehicle is so parked or stored.
2. Temporary use permits may be granted for occupying a recreational vehicle or mobile home through the variance process outline in TMC 13.36.

13.20.040 Dwelling Unit Restrictions

No Use of Unfinished Structures. No cellar, garage, tent, tepee, yurt, basement with unfinished structure above, accessory building, or vehicle; shall at any time be used as a dwelling unit.

13.20.050 Accessory Buildings Uses And Equipment

An accessory building shall be considered an integral part of the principal building if it is connected to the principal building by a common wall for not less than five feet.
Accessory buildings, uses, or equipment shall not be stored or constructed within the front yard setback.
Accessory buildings and garages shall not be located within a utility easement without written approval of the easement holder.
1. No accessory building shall exceed the 1.5 times the footprint of the principal building.
Rooftop mechanical equipment should be screened. Screening should be incorporated into the roof form when possible. Ground mounted mechanical equipment shall be screened from public rights-of-way with walls, fencing or evergreen plant materials. Mechanical equipment shall not encroach into required setbacks.

13.20.060 Yard Setback And Height Encroachments, Limitations And Exceptions

Permitted Encroachments into Yard Setbacks. The following shall be permitted encroachments into required yard setbacks:
1. Architectural features, which do not add usable area to a structure, such as chimneys, balconies, stairways, wing walls, bay windows, sills, pilasters, lintels, cornices, eaves, gutters, awnings, window wells and steps:
  1. provided such architectural features do not extend more than 5 feet into any required front or rear yard setback.
  2. provided such architectural features do not extend more than 2 feet into any required side yard setback, except that eaves and gutters may extend 2.5 feet into any required side yard setback.
2. Terraces and patios, uncovered decks and stoops or similar features, provided that such features shall not extend above the top of the second story floor of the principal structure nor more than 5 feet into any required front or rear yard setback or 1 feet into any required side yard setback,
3. Porches, covered terraces, and covered decks may encroach:
  1. not more than 5 feet into any required front yard setback.
  2. not more than 5 feet into a required rear yard setback.
  3. not more than 1 feet into any required side yard setback.
4. Fire escapes may be permitted in required side or rear yard setback only.
5. Wheelchair ramps may encroach into any required yard setback.
6. Flag poles, ornamental features, trees, shrubs, walkways, nameplate signs, and floodlights or other sources of illumination provided the direct source of light is not visible from the public right-of-way or adjacent residential property.
Zero Lot Line Conditions. In districts where zero side yard setbacks are not otherwise allowed, where an individual owns two or more adjoining lots, or where the owners of two or more adjoining lots make legal written agreement recorded at the Broadwater County Clerk and Recorder, a zero-lot line concept may be used for commercial or single-household dwelling unit developments. In residential districts this may result in the creation of a dwelling, two-household residential structure, only in districts permitting such a structure, or the creation of townhouses in districts permitting such structures. In all such cases in residential districts, the minimum 10- foot side yard setback required by the District shall be maintained adjacent to the exterior side, or nonzero lot line side, of the structure.
Height Limitation Exceptions.
1. Non-Specific Exemptions. No building, or part thereof, or structure shall be erected, reconstructed, or structurally altered to exceed in height the limit herein designated for the district in which such building is located.
2. Specific Exemptions.
  1. Height limitations shall not apply to church spires, belfries, cupolas, and domes; monuments; lightning rods; chimneys and smokestacks; flag poles; public and private utility facilities; parapet walls extending no more than 4 feet above the limiting height of the building except as hereinafter provided; and solar energy collectors and equipment used for the mounting or operation of such collectors.
  2. Places of public assembly in churches, schools and other permitted public and semipublic buildings may exceed height limitations otherwise established by this title, provided that:
    1. These are located on the ground floor of such buildings; and
    2. That for each 1 foot by which the height of such building exceeds the maximum height otherwise permitted in the district, its side and rear yard setback shall be increased in width or depth by an additional 1 foot over the side and rear yard setback required in the district.
  3. Elevator and stair penthouses, water tanks, monitors and scenery lofts are exempt from height limitations otherwise established in this title, provided that no linear dimension of any such structure exceed 50 percent of the corresponding street frontage line.
  4. Monuments, cooling towers, gas holders or other structures, where the manufacturing process requires a greater height, and grain elevators and silos are exempt from this title, provided that any structure above the height otherwise permitted in the district shall occupy no more than 25 percent of the area of the lot and shall be at least 25 feet from every lot line.
  5. Wind generation mills and equipment used for the mounting and operation of such mills for domestic (private and noncommercial) accessory use may exceed height limitations otherwise established by this title by not more than 10 feet.