(A)   General. In addition to the objectives outlined in § 1 (Purpose and Scope), the General, Agricultural Residential and Rural Residential Zones are included in the zoning regulations to achieve the following purposes:

      (1)   To reserve areas of the town for light agricultural pursuits in conjunction with very low density residential uses and thereby preserve rural living; and

      (2)   To provide space for people, minimize traffic congestion and maintain the existing rural environment in certain parts of town.

   (B)   G, General Zone.

      (1)   This zone is a general rural land use category intended for application to those areas of the town not specifically designated in any other zone classification.

      (2)   Only those uses are permitted which are complementary and compatible with a rural environment.

   (C)   AR, Agricultural Residential Zone. This zone is intended to designate areas of the town for low density residential use on minimum lot sizes of one acre where those light agricultural activities can be conducted which are related to rural family living and pursuits.

   (D)   RR, Rural Residential Zone.

      (1)   This zone is intended to designate areas of the town for low density residential use on minimum lot sizes of one acre where those light agricultural activities can be conducted which are related to rural family living and pursuits.

      (2)   The zone is similar to AR, but prohibits mobile and manufactured homes.

(Ord. 2012-04, passed 12-5-2012)

   (A)   The following uses shall be permitted where the symbol “P” appears and shall be permitted uses, subject to a conditional use permit where the symbol “C” appears in the column beneath each zone designation.

   (B)   All uses not listed are prohibited.

   (C)   For uses similar to those listed, see § 20.1.

      (1)   Residential uses.

 

 

      (2)   Agricultural and related uses.

 

      (3)   Public and semi-public uses.

 

      (4)   Other uses.

 

      (5)   Home occupations.

 

 

      (6)   Accessory uses.

 

      (7)   Temporary uses.

 

 

      (8)   Bed and breakfast establishments.

 

 

(Ord. 2012-04, passed 12-5-2012)

   (A)   General. The following property development standards shall apply to all land and buildings, other than accessory buildings, permitted in their respective zones; except that, any lot shown on an official subdivision map that was duly approved and recorded, or any lot for which a bonafide deed was duly recorded in conformance with the zoning in effect prior to the date of adoption of this code may be used as a building site; excepting therefrom any lot having an area of less than 6,000 square feet. For access purposes, each building site shall have a minimum 30-foot wide easement or right-of-way. A turnaround with a minimum radius of 25 feet shall be provided at the end of each easement over 150 feet in length. No fences or other obstructions shall be placed in the easement area, except with written permission of all other property owners served by the easement. For any parcel of land created after 1-3-1995, an access road to the parcel must be provided prior to the delivery of any combustible building materials. Said access road must be constructed to an all weather standard.

   (B)   Special requirements.

      (1)   In the AR and RR Zone, the minimum lot size shall be one acre. However, larger minimum lot sizes may be specified and designated on the Official Zoning Map by attaching a number designation following the zone classification: such number shall be in increments of one-half acre. For example, “AR-2” means “Agricultural Residential - two-acre minimum lot size”; “AR-2-1/2” means “Agricultural Residential - two and one-half acre minimum lot size”; and the like.

      (2)   In the G, AR and RR Zones, structures permitted under § 9.1(C)(3), Public and Semi-Public Uses, § 9.1(C)(4), and Other Uses, shall maintain a minimum setback of 50 feet from all property lines. Interior side and rear setback areas may be used for off-street parking, landscaping and recreational purposes.

      (3)   A travel trailer, park model or fifth-wheel trailer, but not a recreational vehicle, may be established as a permanent residence in the G or AR Zones, subject to the granting of a conditional use permit. Establishment shall require the installation of a permanent wastewater disposal system and connection to appropriate utilities. Establishment shall require a town building permit.

      (4)   In the G, AR and RR Zones, one recreational vehicle, park model or travel trailer per lot or parcel may be used for temporary residency not to exceed 100 days per year; provided, the lot or parcel is not already occupied by a dwelling. A temporary use permit shall be obtained prior to establishing said temporary residence, and the travel trailer, park model or recreational vehicle must be removed from the parcel upon the expiration of the temporary use permit. Approval may be subject to conditions.

      (5)   In the G and AR Zones, a temporary use permit may be issued to allow the storage of one mobile home per lot or parcel for a period not to exceed 30 days.

      (6)   In the G, AR and RR Zones, as a precaution against unauthorized use, swimming pools when located within 300 feet of a neighboring residence shall be enclosed by a wall or fence not less than five feet in height, in accordance with the requirements of the town.

      (7)   A building permit, as required by the Building Code, shall be obtained prior to the construction, reconstruction, alteration or change in use of any building or other structure.

   (C)   General requirements.

      (1)   The following requirements are minimum unless otherwise noted:

 

      (2)   Where a property is adjacent to the national forest, the required side or rear yard minimum setback shall be 80% of the setback shown in division (C)(1) above; except that, in no case shall the setback be less than five feet.

(Ord. 2012-04, passed 12-5-2012)

   (A)   All required landscaping shall be permanently maintained in a neat and orderly condition.

   (B)   With the exception of vehicles described in division (E) below, outdoor parking of personal vehicles which are currently licensed and currently operable is permitted. Vehicles which are neither currently licensed, nor currently operable shall be considered outdoor storage, and housed or screened per division (C) below. Required front and street side setback areas shall not be used for parking or storage of any motor vehicles, vehicle accessory, including, but not limited to, travel trailers, recreational vehicles, camper shells, boats, utility trailers, motor bikes and the like. One motor vehicle or travel trailer for sale may be parked on or adjacent to the driveway, but not elsewhere in the front or street side setback areas.

   (C)   In all G, AR and RR Zones, outdoor storage of unlicensed or inoperable vehicles, vehicle parts, auto parts, tires, secondhand building material, pipe, drums, appliances, household furniture, household refuse, unlicensed travel trailers or utility trailers and the like shall be permitted, subject to the following conditions.

      (1)   For any lot or parcel of land, the area permitted for the above described outdoor storage shall be 200 square feet. An additional 100 square feet of outdoor storage per acre for properties larger than one acre shall be permitted up to a maximum of 1,000 square feet.

      (2)   On any lot or parcel of land, all outdoor storage shall be located to the rear of the property and screened from neighboring properties and roadways by a wall, non-transparent fencing, landscaping or other structure. Any wall or fencing shall not exceed six feet in height. Stored secondhand materials, vehicles, vehicle parts and the like shall not be stacked so as to be visible above the required screening, or more than six feet high. The provisions of this division (C)(2) shall not be construed to restrict the storage of firewood maintained for personal use by the occupant of the premises.

      (3)   All permitted screened outdoor storage areas shall meet the minimum required building setbacks as prescribed by this section.

      (4)   Screened outdoor storage areas shall not be permitted on any parcel unless there is a dwelling on the parcel.

   (D)   Temporary storage of construction materials shall be permitted on any lot or parcel of land; provided, such materials are being used in conjunction with a valid construction project on that lot or parcel.

   (E)   Commercial vehicles exceeding 26,000 pounds gross vehicle weight, including, but not limited to, semi-tractors, semi-trailers, dump trucks and the like and associated commercial equipment shall not be parked, stored or serviced on any lot or parcel of land, except as prescribed in § 9.1(C)(2) of this code.

   (F)   The storage of a mobile home on any lot or parcel of land, is prohibited, except as prescribed in § 9.3(B)(5).

   (G)   Where public or semi-public uses are established, a masonry wall or alternative opaque fence, six feet in height as measured from the highest adjacent grade and screen landscaping may be required by the Planning and Zoning Commission to be erected and maintained between such uses and adjacent residential uses on properties.

   (H)   Apparatus needed for the operation of active and passive solar energy systems or other alternate energy systems, including, but not limited to, overhangs, movable insulating walls and roofs, attached or detached solar collectors, reflectors and piping shall be permitted for any use, subject to the approval of the Town Manager or designee. In the review of the apparatus, the Town Manager or designee shall ensure compliance with the required development standards and may suggest measures to minimize negative visual impacts on the community and/or adjacent property.

(Ord. 2012-04, passed 12-5-2012)

   No sign or outdoor advertising structure shall be permitted in the G, AR and RR Zones, except as provided in § 16.

(Ord. 2012-04, passed 12-5-2012)

   (A)   Generally. In the General, Agricultural Residential and Rural Residential Zones, all accessory structures (excluding guest house/accessory living units as provided for in § 9.1(C)(6)) shall be subject to the following restrictions.

      (1)   Bathroom facilities shall be limited to one sink and one toilet.

      (2)   No kitchen facilities or wet bars shall be permitted.

      (3)   The use of the accessory structure shall be consistent with the provisions of §§ 9.0 and 9.1.

      (4)   Accessory structures shall be limited to a maximum size of 3,000 square feet. Any accessory structure which exceeds 3,000 square feet shall require a conditional use permit.

      (5)   The use of mobile homes, semi-trailers, railroad cars, shipping containers, travel trailers, camper shells or similar units as accessory structures is prohibited. Metal storage containers may be permitted; refer to § 14.7.

      (6)   Accessory structures may be established prior to the dwelling or primary structure, subject to the provisions outlined in division (A) above.

   (B)   Attached structures. An accessory structure that is attached to the main structure shall meet all of the setback requirements of the main structure.

   (C)   Detached structures.

      (1)   A detached structure shall meet the setback requirements of the main building for the front and street side yard areas.

      (2)   A detached accessory structure, which does not exceed 15 feet in height and 600 square feet in area, may be located within an interior side yard or rear yard; provided, however, that, such structure shall not be located closer than five feet to an interior side or rear lot line.

      (3)   A detached accessory structure which exceeds 15 feet in height, or 600 square feet in area, shall maintain the same minimum side and rear setbacks as required for the main dwelling.

      (4)   A detached structure shall maintain a minimum ten-foot separation from the main structure.

      (5)   For the purpose of this section, swimming pools shall be considered to be a detached accessory structure.

      (6)   Although not requiring a building permit, accessory structures with less than 120 square feet of roof area must meet the above minimum setbacks.

   (D)   Other structures.

      (1)   Steps, architectural features, such as eaves, awnings, chimneys, stairways, wing walls or bay windows, may project not more than six feet into any required front, street side or rear yard area, nor into any required side yard area more than one-half of said required side yard. Greater overhangs or projections may be permitted when it is demonstrated that such additional overhangs or projections are needed for solar or alternate energy purposes, subject to the approval of the Town Manager or designee.

      (2)   Balconies, porches or decks shall not encroach or project into any required setback area.

      (3)   Amateur (HAM) radio towers shall be permitted for the personal use of the property owner/resident and subject to the following provisions.

         (a)   Towers shall not project more than 65 feet above grade; establishment of towers above this limit, but less than 100 feet in height, may be permitted only through the variance procedure set forth in § 20. The height of extension antennas shall be determined in its cranked-down position and shall remain in said position, except during use.

         (b)   Towers shall meet the minimum setback requirements for the zone in which they are located; no portion of any antenna array shall extend beyond the property lines.

         (c)   It shall be the responsibility of the property owner to demonstrate that the site is adequate in size to contain debris resulting from tower failure and that such failure will not present a safety hazard to adjoining properties.

         (d)   It shall be the responsibility of the property owner to demonstrate that the proposed tower complies with any and all federal regulations pertaining to airport operations that may be applicable to the subject property.

      (4)   Satellite dishes up to 12 feet in diameter shall be permitted, subject to the following restrictions.

         (a)   Ground-mounted antennas shall be located outside any required front and side yard setback area.

         (b)   All installations must comply with accessory use height requirements.

(Ord. 2012-04, passed 12-5-2012)

   (A)   In any required front or street side yard, an opaque or solid wall or fence shall not exceed three feet in height. Non-opaque fences, which are at least 50% transparent, may be established in any required front or street side yard to a maximum height of six feet.

   (B)   A wall or solid fence not more than six feet in height, as measured from the highest adjacent grade, may be maintained along the interior side or rear lot lines; provided that, such wall or solid fence does not extend into a required front or street side yard. Extensions of walls or fences into required front or street side yards may not exceed three feet in height. Stacking firewood along a property line shall be considered a wall or fence and must meet height limits.

   (C)   Walls or fences exceeding six feet in height may be permitted only through the variance procedure set forth in § 20 and subject to the granting of a building permit.

   (D)   A wall or fence adjacent to a driveway providing vehicular access to an abutting lot shall not exceed three feet in height within 15 feet of the intersection of said driveway and the street right-of-way so as not to obstruct visibility.

   (E)   The provisions of this section shall not apply to a wall or fence required by any law or regulation of the state or any agency thereof.

   (F)   Tires may not be used to construct walls, unless they are fully encapsulated so as to prevent the accumulation of water inside the tires, and subject to the granting of a building permit.

(Ord. 2012-04, passed 12-5-2012)