All streets, alleys and railroad right of ways, if not otherwise specifically designed, shall be deemed to be in the same zone as the property immediately abutting upon such alleys, streets or railroad right of ways. Where the center line of a street or alley serves as a district boundary, the zoning of such street or alley to the center line, unless otherwise specifically designated, shall be deemed to be the same as that of the abutting property. (1965 Code § 11-2-1)
11-2-2: COMPLIANCE WITH DISTRICT REQUIREMENTS:
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. (1965 Code § 11-2-2)
11-2-3: HEIGHT REGULATIONS:
No structure may be erected to exceed more than twenty five feet (25') the height limits of the zone in which it is located, except as herein provided in subsection 11-10-6B of this Title. Aerials or antennas designed to aid home television reception may be erected to a height not to exceed sixty feet (60') from the ground level; provided, said aerial or antenna is erected on a building or in the rear yard area. (1965 Code § 11-2-3)
11-2-4: AREA REGULATIONS:
No building or structure other than a building for conditional use shall be erected, converted, enlarged, reconstructed or structurally altered except in conformity with the area regulations of the zone in which the building is located. (1965 Code § 11-2-4)
11-2-5: SPACE REGULATIONS:
No space which for the purpose of a building or dwelling group has been counted or calculated as part of a side yard, rear yard, front yard, court or other open space required by this Chapter, may, by reason of change in ownership or otherwise, be counted or calculated to satisfy or comply with a yard, court or other space requirement of or for any other building. (1965 Code § 11-2-5)
11-2-6: PROJECTIONS ON OPEN SPACES:
An open terrace, but not including a roofed over porch or terrace, may occupy a front yard, provided the unoccupied portion of the front yard has a depth of not less than fifteen feet (15'). A one story bay window may project into a front yard not more than three feet (3'). Overhanging eaves, including gutters, may project over the minimum required side yard not more than eighteen inches (18"). (1965 Code § 11-2-6)
11-2-7: ONE BUILDING PER LOT:
Every building hereafter erected or structurally altered to provide dwelling units shall be located on a "lot", as defined in Section 11-1-2 of this Title, and in no case shall there be more than one such building on one lot unless otherwise provided in this Title; provided, that in a two (2) story garage with living quarters upon the second floor, such quarters may be occupied by a servant (and his family) of the family occupying the main structure. There may also be constructed a guest house (without kitchen) or rooms for guests within an accessory building; provided, such facilities are used for the occasional housing of guests of the occupants of the main structure and not for permanent occupancy by others. (1965 Code § 11-2-7)
11-2-8: PREVIOUSLY RECORDED LOTS:
Any separate lot, the title of which was of record at the time of the adoption of this Title, that does not meet the requirements of this Title for yards, courts or other area of open space, may be utilized for single residence purpose; provided, the requirements for such yard or court or lot area, width, depth or open space is within seventy five percent (75%) of that required by this Chapter. The purpose of this provision is to permit utilization of recorded lots which lack adequate width or depth as long as reasonable living standards can be provided. (1965 Code § 11-2-8)
11-2-9: STREET ACCESS REQUIRED:
No building shall be constructed or erected upon a lot or parcel of land, which does not abut upon a public street or have permanent easement for access to a public street, which easement shall have a minimum width of twenty five feet (25') unless an easement of lesser width was of record prior to the adoption of this Chapter. (1965 Code § 11-2-9)
11-2-10: INTERFERENCE WITH TRAFFIC:
No wall, fence or shrubbery shall unreasonably obstruct or interfere with traffic visibility. (1965 Code § 11-2-10)
11-2-11: EXCEPTIONS; TIME LIMIT:
Nothing in this Title shall be deemed to require any change in the plans, construction or designated use of any building upon which actual construction was lawfully begun prior to the adoption of this Title and upon which actual building construction has been diligently carried on and; provided, further, that such building shall be completed within one year. (1965 Code § 11-2-11)
11-2-12: REZONING OF PUBLIC AREAS:
An area indicated on the official Zoning Map as a public park or recreation area, public utility area, cemetery, public school site or semi-public open space, shall not be used for any other purpose and when the use of the area is discontinued, it shall automatically be zoned Residence A one- family district, until otherwise zoned. (1965 Code § 11-2-12)
11-2-13: ANNEXATIONS:
Any area annexed to the Town shall, upon such annexation, be automatically zoned Residence A one-family district, until otherwise zoned. (1965 Code § 11-2-13)
11-2-14: ACCESSORY BUILDINGS:
Accessory buildings, except as otherwise permitted in this Title, shall be subject to the following regulations:
A. Attached To Main Building: Where an accessory building is structurally attached to a main building, it shall be subject, and most conform, to all regulations of this Title applicable to the main building.
B. Location: An accessory building may not be located nearer than five feet (5') to any interior lot line and not nearer than five feet (5') to the rear lot line.
C. Detached Accessory Building: No detached accessory building shall be located closer than ten feet (10') to any main building.
D. Erection Prior To Principal Use Prohibited: An accessory building shall not be erected prior to the establishment or construction of the principal use of buildings. (1965 Code § 11-2-14)
11-2-15: FENCES:
Fences must be erected on or within property lines.
A. Shall be installed with the finished side facing the adjacent property or public right-of-way, and the fence posts must be located on the inside of the fence facing the property on which the fence is located.
B. Material permitted for residential and commercial zones. All fences in residential and commercial zoning districts shall be constructed from materials which are commonly used for fencing. No fence shall be constructed from railroad ties, wood pallets, tires, rubble, metal panels, or salvaged material. Commonly used fence materials include wood, brick, stone, split railing, chain link wire, vinyl, ornamental iron work. Any materials not listed are subject to special review. (Ord. 191, 2-12-2024)
Valier City Zoning Code
CHAPTER 2
GENERAL ZONING PROVISIONS
11-2-1: STREETS AND BOUNDARIES:
All streets, alleys and railroad right of ways, if not otherwise specifically designed, shall be deemed to be in the same zone as the property immediately abutting upon such alleys, streets or railroad right of ways. Where the center line of a street or alley serves as a district boundary, the zoning of such street or alley to the center line, unless otherwise specifically designated, shall be deemed to be the same as that of the abutting property. (1965 Code § 11-2-1)
11-2-2: COMPLIANCE WITH DISTRICT REQUIREMENTS:
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. (1965 Code § 11-2-2)
11-2-3: HEIGHT REGULATIONS:
No structure may be erected to exceed more than twenty five feet (25') the height limits of the zone in which it is located, except as herein provided in subsection 11-10-6B of this Title. Aerials or antennas designed to aid home television reception may be erected to a height not to exceed sixty feet (60') from the ground level; provided, said aerial or antenna is erected on a building or in the rear yard area. (1965 Code § 11-2-3)
11-2-4: AREA REGULATIONS:
No building or structure other than a building for conditional use shall be erected, converted, enlarged, reconstructed or structurally altered except in conformity with the area regulations of the zone in which the building is located. (1965 Code § 11-2-4)
11-2-5: SPACE REGULATIONS:
No space which for the purpose of a building or dwelling group has been counted or calculated as part of a side yard, rear yard, front yard, court or other open space required by this Chapter, may, by reason of change in ownership or otherwise, be counted or calculated to satisfy or comply with a yard, court or other space requirement of or for any other building. (1965 Code § 11-2-5)
11-2-6: PROJECTIONS ON OPEN SPACES:
An open terrace, but not including a roofed over porch or terrace, may occupy a front yard, provided the unoccupied portion of the front yard has a depth of not less than fifteen feet (15'). A one story bay window may project into a front yard not more than three feet (3'). Overhanging eaves, including gutters, may project over the minimum required side yard not more than eighteen inches (18"). (1965 Code § 11-2-6)
11-2-7: ONE BUILDING PER LOT:
Every building hereafter erected or structurally altered to provide dwelling units shall be located on a "lot", as defined in Section 11-1-2 of this Title, and in no case shall there be more than one such building on one lot unless otherwise provided in this Title; provided, that in a two (2) story garage with living quarters upon the second floor, such quarters may be occupied by a servant (and his family) of the family occupying the main structure. There may also be constructed a guest house (without kitchen) or rooms for guests within an accessory building; provided, such facilities are used for the occasional housing of guests of the occupants of the main structure and not for permanent occupancy by others. (1965 Code § 11-2-7)
11-2-8: PREVIOUSLY RECORDED LOTS:
Any separate lot, the title of which was of record at the time of the adoption of this Title, that does not meet the requirements of this Title for yards, courts or other area of open space, may be utilized for single residence purpose; provided, the requirements for such yard or court or lot area, width, depth or open space is within seventy five percent (75%) of that required by this Chapter. The purpose of this provision is to permit utilization of recorded lots which lack adequate width or depth as long as reasonable living standards can be provided. (1965 Code § 11-2-8)
11-2-9: STREET ACCESS REQUIRED:
No building shall be constructed or erected upon a lot or parcel of land, which does not abut upon a public street or have permanent easement for access to a public street, which easement shall have a minimum width of twenty five feet (25') unless an easement of lesser width was of record prior to the adoption of this Chapter. (1965 Code § 11-2-9)
11-2-10: INTERFERENCE WITH TRAFFIC:
No wall, fence or shrubbery shall unreasonably obstruct or interfere with traffic visibility. (1965 Code § 11-2-10)
11-2-11: EXCEPTIONS; TIME LIMIT:
Nothing in this Title shall be deemed to require any change in the plans, construction or designated use of any building upon which actual construction was lawfully begun prior to the adoption of this Title and upon which actual building construction has been diligently carried on and; provided, further, that such building shall be completed within one year. (1965 Code § 11-2-11)
11-2-12: REZONING OF PUBLIC AREAS:
An area indicated on the official Zoning Map as a public park or recreation area, public utility area, cemetery, public school site or semi-public open space, shall not be used for any other purpose and when the use of the area is discontinued, it shall automatically be zoned Residence A one- family district, until otherwise zoned. (1965 Code § 11-2-12)
11-2-13: ANNEXATIONS:
Any area annexed to the Town shall, upon such annexation, be automatically zoned Residence A one-family district, until otherwise zoned. (1965 Code § 11-2-13)
11-2-14: ACCESSORY BUILDINGS:
Accessory buildings, except as otherwise permitted in this Title, shall be subject to the following regulations:
A. Attached To Main Building: Where an accessory building is structurally attached to a main building, it shall be subject, and most conform, to all regulations of this Title applicable to the main building.
B. Location: An accessory building may not be located nearer than five feet (5') to any interior lot line and not nearer than five feet (5') to the rear lot line.
C. Detached Accessory Building: No detached accessory building shall be located closer than ten feet (10') to any main building.
D. Erection Prior To Principal Use Prohibited: An accessory building shall not be erected prior to the establishment or construction of the principal use of buildings. (1965 Code § 11-2-14)
11-2-15: FENCES:
Fences must be erected on or within property lines.
A. Shall be installed with the finished side facing the adjacent property or public right-of-way, and the fence posts must be located on the inside of the fence facing the property on which the fence is located.
B. Material permitted for residential and commercial zones. All fences in residential and commercial zoning districts shall be constructed from materials which are commonly used for fencing. No fence shall be constructed from railroad ties, wood pallets, tires, rubble, metal panels, or salvaged material. Commonly used fence materials include wood, brick, stone, split railing, chain link wire, vinyl, ornamental iron work. Any materials not listed are subject to special review. (Ord. 191, 2-12-2024)