Wright City Zoning Code
CHAPTER 3
ZONING DISTRICTS
11-3-1: ESTABLISHED:
In order to carry out the provisions of this title, the municipality is divided into the following zoning districts:
R-1E | Enhanced residential district |
R-1 | Single-family residential district |
R-2 | Multi-unit residential district |
R-3 | Rural residential district |
R-4 | Single-family manufactured home district |
TH | Temporary housing district |
CG | General commercial district |
C-E(1) | Enhanced commercial district |
LI | Light industrial district |
HI | Heavy industrial district |
CF | Community facility district |
PF | Public facilities district |
RC | Recreation and conservation district |
(Ord. 2001-05, 6-11-2001; amd. Ord. 2004-03, 3-22-2004; Ord. 2005-05, 7-11-2005)
11-3-2: ZONING MAP:
The location and boundaries of zoning districts are reflected on the Wright zoning map. Appendix B attached to ordinance 2001-05 represents the zoning district boundaries established at the time of ordinance adoption. Current zoning boundaries, which may reflect subsequent amendments to the Wright zoning map, are maintained in digital form via the Wright geographical information system (Wright GIS). Appendix B attached to ordinance 2001-05 and the current zoning boundaries maintained in the Wright GIS are part of this title. (Ord. 2001-05, 6-11-2001)
11-3-3: DISTRICT REGULATIONS:
A. Land Uses: The following articles outline the type of land uses permitted within various zoning districts established under section 11-3-1 of this chapter. Permitted land uses are also subject to various requirements such as the type of allowable structures, setbacks, building height, signage, fencing and vehicular parking. Except as otherwise provided in this title, no land, building or premises shall be used, designated, or intended to be used for any purpose other than those included among the uses hereinafter listed as permitted in the district in which such land, building or premises is located.
B. Detailed Plan Review: Prior to the issuance of a building permit, some permitted uses also require a more detailed plan review by the commission to ensure that specific project issues are adequately addressed by the owner of a development project. In some cases, stipulations may be attached to a building permit to address the specific concerns of the planning and zoning commission.
C. Nonconforming Land Uses: In each zoning district, nonconforming uses are not authorized without prior approval of the commission. The approval of nonconforming land uses may be obtained through the commission's issuance of a variance or special use permit to an authorized applicant. (Ord. 2001-5, 6-11-2001)
11-3A-1: INTENT AND PURPOSE:
The R-1E enhanced residential district is intended to enhance the quality of residential land uses in areas that are immediately adjacent to recreation and conservation district areas and/or undeveloped lands that represent important areas visible to the public. The purpose of these regulations is to establish more stringent residential development standards that will help ensure that future residential development in these areas will not diminish the attractiveness of adjoining recreation and conservation areas, as well as important vistas within the town. (Ord. 2001-05, 6-11-2001)
11-3A-2: PERMITTED USES:
One individual family or household will primarily occupy single-family dwelling units. However, owners may provide room and board for up to two (2) persons, provided no separate kitchen is provided.
Public parks, playgrounds, trails, bikeways and other public recreational facilities.
Single-family dwelling units representing various types of residential structures such as site built homes, manufactured homes, and modular homes.
Structures supporting community utility systems. (Ord. 2001-05, 6-11-2001)
11-3A-3: RESIDENTIAL BUILDING STANDARDS:
A. Construction Of Site Built And Modular Homes: The construction of site built and modular homes will conform to the most recent building, plumbing, and mechanical construction codes that have been adopted by the town.
B. Construction Of Manufactured Homes: The construction of manufactured homes will conform to the national manufactured housing construction and safety standards act of 1974 (42 USC 5401 et seq.) and all subsequent amendments, as well as manufactured home construction and safety standards outlined in the current regulations of the U.S. department of housing and urban development (24 CFR, chapter XX, part 3280).
C. Criteria To Ensure Compatibility Within Residential Neighborhoods: All types of homes will also be subject to the following criteria to ensure compatibility within residential neighborhoods and to enhance the attractiveness of these residential areas to adjoining recreation and conservation district areas:
1. Foundation: Structures will be attached to a permanent, full perimeter foundation that supports, at the least, all enclosed areas of the dwelling unit and extends below the frost depth as determined by the building official.
2. Width; Total Floor Area: Structures will have a minimum width of twenty four feet (24') and contain a minimum total floor area of eight hundred (800) square feet. (Ord. 2001-05, 6-11-2001)
3. Wind Load: Structures will be able to resist a wind load of ninety (90) miles per hour. (Ord. 2008-08, 4-27-2009)
4. Snow Load: Structures will be able to support a snow load of thirty (30) pounds per square foot.
5. Pitched Roof: Structures will have a pitched roof, with a roof slope of not less than a four inch (4") rise for each twelve inches (12") of horizontal run.
6. Roof Overhang: Structures will have a roof overhang that extends not less than sixteen inches (16") from exterior walls (not including rain gutters). (Ord. 2001-05, 6-11-2001)
7. Roof Covering Material: Roof covering material shall be asbestos cement shingles, asphalt or asphalt composite shingles that meet either ASTM D-3462 or ASTM D-22 standards, clay or concrete tiles, copper sheeting, other metals having a manufactured applied baked enamel or epoxy finish, slate shingles, wood shakes or wood shingles. (Ord. 2003-03, 6-10-2003)
8. Siding Material: Siding material will consist of wood or wood products, stucco, brick, rock, lap steel, or lap aluminum. One or a combination of these materials will be used to cover the exterior of the housing unit.
9. Floors: Floors constructed with wood or wood product joists or subflooring shall have a minimum eighteen inch (18") clearance between any wood or wood product and the ground unless the wood is an approved wood of natural resistance to decay or treated wood. An unobstructed access opening will be provided for all such underfloor areas. Access openings that penetrate the floor will be allowed only if installed by the original manufacturer or builder of the dwelling unit. Access openings that penetrate the lower perimeter of the dwelling unit will be at least twenty four inches by thirty six inches (24" x 36").
10. Transportation Devices: All tongues, towing devices, wheels, and undercarriage supports used for initial transportation of modular or manufactured homes will be removed from the dwelling unit and out of public view within thirty (30) days of delivery to the site.
11. Walls Facing Street: Walls facing the street must have a minimum of ten percent (10%) of the wall area as openings, doors or windows or a combination. (Ord. 2001-05, 6-11-2001; amd. Ord. 2004-07, 6-14-2004)
D. Plan Review Required: All buildings in the enhanced residential district will require a plan review by the town staff, or its representative, prior to the issuance of a building permit. (Ord. 2001-05, 6-11-2001)
11-3A-4: OTHER USES AUTHORIZED BY SPECIAL USE PERMIT OR VARIANCE:
Other uses authorized by special use permit or variance are any nonconforming uses which are approved by the planning and zoning commission. (Ord. 2001-05, 6-11-2001)
11-3A-5: MINIMUM LOT AREA:
No lots in the enhanced residential district will be less than seven thousand (7,000) square feet. (Ord. 2001-05, 6-11-2001)
11-3A-6: MINIMUM SETBACKS:
A. Front Yard Setbacks: Primary residential structure will be set back twenty five feet (2') from front property line. Detached accessory buildings will not be located beyond the front line of any primary residential structure.
B. Side Yards Setbacks: Primary residential structures and detached accessory structures will be set back not less than eight feet (8') from side property lines.
C. Rear Yard Setbacks: Primary residential structures will be set back not less than seven feet (7') from the rear property line. Detached accessory structures will be located not less than three feet (3') from the rear property line.
D. Deviations: Any deviations from setback requirements will require a plan review and approval of a variance.
E. Accessory Building: Accessory buildings of less than two hundred (200) square feet in area and less than ten feet (10') maximum height and of a portable construction type with no portion of the structural system or foundation extending below ground level shall be exempt from the minimum side yard and rear yard setback requirements.
F. Encroachments: Unroofed and unwalled porches, decks, patios, balconies, or exterior stairways may project no more than eight feet (8') into the required front setback area and four feet (4') into any required side yard setback area. (Ord. 2001-05, 6-11-2001)
G. Private Yard Fences And Landscaping Features:
1. Authority To Allow; Indemnification: The building official shall be authorized to allow residential property owners to place private yard fences and landscaping features, as might otherwise be permissible under this title, within those portions of the rights of way fronting on their residential property, but no closer than five feet (5') from the back of the curb, and that all such property owners be advised and made aware that said rights of way are town property and that the town shall not be responsible for damage to any such improvements as a result of town actions and shall be held harmless by the property owner, as acknowledged by the property owner's signature.
2. Preexisting Fences And Other Features: Fences and other landscaping features that, prior to the adoption hereof, have been placed closer to the back of the curb than the designated five feet (5') shall be allowed to remain in place until such time as they must be removed to allow the town to conduct regular street maintenance or other prescribed duties, or are otherwise removed by the landowner for any purpose. Should such removal occur, any replacement fence or landscaping feature shall then be placed no closer than five feet (5') from the back of the curb and that all such removal and replacement shall be done at the landowner's sole expense. (Ord. 2005-04, 5-23-2005)
11-3A-7: MAXIMUM BUILDING HEIGHT:
Primary residential structures will be thirty five feet (35') or less in height. The height of detached accessory structures will be twenty feet (20') or less. (Ord. 2001-05, 6-11-2001)
11-3A-8: MAXIMUM AREA OF ACCESSORY BUILDINGS:
The total aggregate area occupied by all accessory buildings will not exceed one thousand (1,000) square feet. (Ord. 2001-05, 6-11-2001)
11-3A-9: PARKING:
A. Paved Off Street Parking: A minimum of four hundred (400) square feet of paved off street parking will be provided for each single-family dwelling unit. The paved parking area will extend from the edge of pavement of any municipal street to the designated off street parking area.
B. Recreation Vehicles And Travel Trailers: Recreational vehicles (RVs) and travel trailers (8 x 32 feet or smaller) may be parked in front yards on a paved, gravel, or scoria surface.
C. Commercial Vehicles: Parking of any commercial vehicle, which has a gross vehicle weight (GVW) of greater than twenty six thousand (26,000) pounds is prohibited along any public street that adjoins an enhanced residential district, except for the following:
1. Vehicles loading or unloading passengers, materials, and merchandise.
2. Vehicles engaged in performing a service activity on the adjacent residential lot or parcel of land.
3. Vehicles used in association with construction or maintenance activities in the immediate vicinity.
D. Unlicensed Or Inoperable Vehicle: No more than one unlicensed or inoperable vehicle will be permitted on any residential lot or zone lot. (Ord. 2001-05, 6-11-2001)
11-3A-10: FENCING:
A. Front Building Line And Property Line: Fences shall be no more than four feet (4') high between the front building line and front property line.
B. Side Or Rear Property Lines: Fences shall be no more than six feet (6') high if located along side or rear property lines.
C. Electric And Barbed Wire Fencing: Electric and barbed wire fencing is prohibited. (Ord. 2001-05, 6-11-2001)
11-3A-11: ACCESSORY USES:
Child daycare facilities operated by the occupants of a single-family residence and not more than two (2) nonhousehold employees.
Home occupations operated by the occupants of a single-family residence and not more than two (2) nonhousehold employees. However, such enterprises will generate limited vehicular traffic and vehicular parking along residential streets, as well as limited noise within residential neighborhoods.
Personal storage buildings such as pole barns, garages, workshops and toolsheds. These uses will only be permitted on the same lot with a primary residential structure, or on an adjacent zone lot for structures. (Ord. 2001-05, 6-11-2001)
11-3A-12: AUTHORIZED SIGNS:
A. Nameplate: One unlighted nameplate or sign for each single- family dwelling which indicates the name of the building occupant and/or home occupation taking place within the dwelling unit. The total area of each authorized nameplate or sign will not exceed two (2) square feet.
B. Home Occupation Signs: Home occupation signs must be attached to the dwelling unit and be parallel with the wall to which it is attached.
C. For Rent Or For Sale Signs: Any unlighted sign or signs not exceeding a total area of twelve (12) square feet which indicate the availability of single-family dwelling unit rentals or the sale of the property where the signs are located.
D. Directional Signs: Directional signs, not exceeding one-half (1/2) square foot in area.
E. Election Signs: Freestanding election signs not exceeding sixteen (16) square feet may be temporarily placed in residential areas but must be removed by the landowner or occupants of a property within seven (7) days after the election date.
F. Yard Sale, Garage Sale Or Other Similar Signs: Freestanding yard sale, garage sale or other similar signs, which do not exceed sixteen (16) square feet, may temporarily be placed in residential areas. However, the landowner of occupants of a property must remove these signs within twenty four (24) hours after the event has occurred. (Ord. 2001-05, 6-11-2001)
11-3A-13: INTERSECTION SIGHT TRIANGLE1:
A. Required At Intersections: A sight triangle shall be maintained at the intersection of two (2) streets, a street and an alley, or a street and a pavement line of a commercial or a common, residential driveway in which nothing shall hereafter be erected, placed or planted which would obstruct the view of motorists entering or leaving the intersection.
B. Single Obstruction: A single obstruction, less than twenty four inches (24") in width, shall not be considered a violation of the sight triangle. A single tree of any diameter, whose vegetation does not extend into the required, unobstructed areas, shall also not be considered a violation.
C. Open Mesh Fences: Open mesh fences may be erected in sight triangles; provided, that they comply with all other requirements as established by town regulations and ordinances.
D. Unusual Conditions Requiring Additional Regulation: If, in the opinion of the town engineer, an unusual condition of topography, street grade and/or lot grade exists which requires additional regulation of a particular intersection to ensure a safe sight distance, the zoning administrator may establish a maximum safe height of obstructions in any sight triangle which is different than these standards and is based on the town engineer's recommendation. (Ord. 2001-05, 6-11-2001)
11-3A-14: MINIMUM LOT WIDTH:
Minimum lot width will be seventy feet (70'). (Ord. 2008-08, 4-27-2009)
11-3B-1: INTENT AND PURPOSE:
The R-1 single-family residential district designation is intended to encourage the development and maintenance of low density residential areas. These regulations are intended to provide a diverse and compatible housing stock, limit the density of the resident population, provide adequate open space around buildings and accessory structures, provide accessibility to community utility systems and community open space areas, as well as encourage a safe and attractive living environment for community residents. (Ord. 2001-05, 6-11-2001)
11-3B-2: PERMITTED USES:
One individual family or household will primarily occupy single-family dwelling units. However, owners may provide room and board for up to two (2) persons, provided no separate kitchen is provided.
Public parks, playgrounds, trails, bikeways and other public recreational facilities.
Single-family dwelling units representing various types of residential structures such as site built homes, manufactured homes, and modular homes.
Structures supporting community utility systems. (Ord. 2001-05, 6-11-2001)
11-3B-3: RESIDENTIAL BUILDING STANDARDS:
A. Construction Of Site Built Homes: The construction of site built homes will conform to residential construction standards outlined in the most recent building, plumbing, and mechanical construction codes that have been adopted by the town.
B. Construction Of Manufactured Homes: The construction of manufactured homes will conform to the national manufactured housing construction and safety standards act of 1974 (42 USC 5401 et seq.) and all subsequent amendments, as well as manufactured home construction and safety standards outlined in the current regulations of the U.S. department of housing and urban development (24 CFR, chapter XX, part 3280). All manufactured homes will also be subject to the following criteria to ensure compatibility with residential neighborhoods:
1. Foundation: Structures will be attached to a permanent foundation in accordance with manufacturer's specifications.
2. Width; Total Floor Area: Structures will have a minimum width of twenty four feet (24') and contain a minimum total floor area of eight hundred (800) square feet. (Ord. 2001-05, 6-11-2001)
3. Wind Load: Structures will be able to resist a wind load of ninety (90) miles per hour. (Ord. 2010-04, 3-22-2010)
4. Snow Load: Structures will be able to support a snow load of thirty (30) pounds per square foot. (Ord. 2001-05, 6-11-2001)
5. Pitched Roof: Structures will have a pitched roof with a slope of not less than a four inch (4") rise for each twelve inches (12") of horizontal run. (Ord. 2008-08, 4-27-2009)
6. Roof Overhang: Structures will have a roof overhang that extends not less than eight inches (8") from exterior walls.
7. Siding Material: Siding material will consist of wood or wood products, stucco, brick, rock, lap steel, lap aluminum or lap vinyl. One or a combination of these materials will be used to cover the exterior of the housing unit.
8. Lower Perimeter: The lower perimeter of the dwelling unit shall be fully enclosed from the lower edge of the dwelling unit to the ground. The material used to enclose the lower perimeter of the dwelling shall be either masonry or the same siding material as on the dwelling proper. Siding material shall be horizontal or vertical consistent with the siding of the dwelling proper. Any material used to enclose the lower perimeter of the dwelling unit shall be able to withstand the effects of wind, soil, decay, termites, and prevents the entry of rodents.
9. Lower Perimeter Access Door: An unobstructed access door will be provided along the lower perimeter. The size of the access door will be at least twenty four inches by thirty six inches (24" x 36").
10. Attachments, Additions, Alterations Or Modifications: No attachments, additions, alterations or modifications to the exterior walls of a manufactured home are allowed except those approved by the manufacturer for the specific unit. All other additions, porches, decks, garages or other add on attachments must be freestanding and self-supporting with no structural reliance on the manufactured unit itself.
11. Transportation Devices: All tongues, towing devices, wheels, and undercarriage supports used solely for initial transportation of the home will be removed from the unit within thirty (30) days of delivery to the site. (Ord. 2001-05, 6-11-2001)
12. Underfloor Areas: Structures will contain underfloor areas that are ventilated by an approved mechanical means, or by openings into the underfloor area walls. Specific requirements are outlined in the current edition of the IBC. (Ord. 2001-05, 6-11-2001; amd. 2007 Code)
13. Prohibited: No unit shall be placed on a residential lot more than one year following the date of manufacture that has never been previously installed or occupied at any other site or location.
C. Construction Of Modular Homes: Modular homes will be constructed in a factory in accordance with the most recent building codes that have been adopted by the town, or a current residential construction code other than the national manufactured home construction and safety standards and the current regulations of the U.S. department of housing and urban development (24 CFR, chapter XX, part 3280). All modular homes will also be subject to the following criteria to ensure compatibility with residential neighborhoods:
1. Width; Area: Is at least twenty four feet (24') wide and contains at least eight hundred (800) square feet;
2. Foundation: Is installed on a permanent foundation that conforms to the most recent building construction codes that have been adopted by the town; (Ord. 2001-05, 6-11-2001)
3. Pitched Roof: Has a pitched roof with a slope of not less than a four inch (4") rise for each twelve inches (12") of horizontal run; (Ord. 2008-08, 4-27-2009)
4. Roof Overhang: Has a roof overhang that extends not less than eight inches (8") from exterior walls;
5. Siding Material: Siding will consist of wood or wood products, stucco, brick, rock, lap steel, lap aluminum or lap vinyl. One or a combination of these materials will be used to cover the exterior of the housing unit;
6. Lower Perimeter: The lower perimeter of the dwelling unit shall be fully enclosed from the lower edge of the dwelling unit to the ground. The material used to enclose the lower perimeter of the dwelling shall be either masonry or the same siding material as on the dwelling proper. Siding material shall be horizontal or vertical consistent with the siding of the dwelling proper. Any material used to enclose the lower perimeter of the dwelling unit shall be able to withstand the effects of wind, soil, decay, termites and prevents the entry of rodents;
7. Lower Perimeter Access Door: An unobstructed access door will be provided along the lower perimeter. The size of the access door will be at least twenty four inches by thirty six inches (24" x 36");
8. Transportation Devices: All tongues, towing devices, wheels, and undercarriage supports used solely for initial transportation of the modular home shall be removed from the unit, and out of public view within thirty (30) days of delivery to the site.
D. Walls Facing Streets: Walls facing the street must have a minimum of ten percent (10%) of the wall area as openings, doors or windows or a combination.
E. Plan Review Required: All buildings in the low density residential district will require a plan review by the town staff, or its representative, prior to the issuance of a building permit. (Ord. 2001-05, 6-11-2001)
11-3B-4: OTHER USES AUTHORIZED BY SPECIAL USE PERMIT OR VARIANCE:
Other uses authorized by special use permit or variance are any nonconforming uses which are approved by the planning and zoning commission. (Ord. 2001-05, 6-11-2001)
11-3B-5: MINIMUM SETBACKS:
A. Front Yard Setbacks: Primary residential structure will be set back twenty five feet (25') from front property line. Detached accessory buildings will not be located beyond the front line of any primary residential structure. Both street frontages of corner lots shall be considered front yards.
B. Side Yard Setbacks: Primary residential structures and detached accessory structures will be set back not less than eight feet (8') from side property lines.
C. Rear Yard Setbacks: Primary residential structures will be set back not less than seven feet (7') from the rear property line. Detached accessory structures will be located not less than three feet (3') from the rear property line.
D. Deviations: Any deviations from setback requirements will require a plan review and approval of a variance.
E. Accessory Buildings: Accessory buildings of less than two hundred (200) square feet in area and less than ten feet (10') maximum height and of a portable construction type with no portion of the structural system or foundation extending below ground level shall be exempt from the minimum side yard and rear yard setback requirements.
F. Encroachments: Unroofed and unwalled porches, decks, patios, balconies, or exterior stairways may project no more than eight feet (8') into the required front setback area and four feet (4') into any required side yard setback area. (Ord. 2001-05, 6-11-2001)
G. Private Yard Fences And Landscaping Features:
1. Authority To Allow; Indemnification: The building official shall be authorized to allow residential property owners to place private yard fences and landscaping features, as might otherwise be permissible under this title, within those portions of the rights of way fronting on their residential property, but no closer than five feet (5') from the back of the curb, and that all such property owners be advised and made aware that said rights of way are town property and that the town shall not be responsible for damage to any such improvements as a result of town actions and shall be held harmless by the property owner, as acknowledged by the property owner's signature.
2. Preexisting Fences And Other Features: Fences and other landscaping features that, prior to the adoption hereof, have been placed closer to the back of the curb than the designated five feet (5') shall be allowed to remain in place until such time as they must be removed to allow the town to conduct regular street maintenance or other prescribed duties, or are otherwise removed by the landowner for any purpose. Should such removal occur, any replacement fence or landscaping feature shall then be placed no closer than five feet (5') from the back of the curb and that all such removal and replacement shall be done at the landowner's sole expense. (Ord. 2005-04, 5-23-2005)
11-3B-6: MAXIMUM BUILDING HEIGHT:
Primary residential structures will be thirty five feet (35') or less in height. The height of detached accessory structures will be twenty feet (20') or less. (Ord. 2001-05, 6-11-2001)
11-3B-7: MAXIMUM AREA OF ACCESSORY BUILDINGS:
The total area of all accessory buildings may not exceed one thousand (1,000) square feet. (Ord. 2001-05, 6-11-2001)
11-3B-8: PARKING:
A. Paved Off Street Parking: A minimum of four hundred (400) square feet of paved off street parking will be provided for each single-family dwelling unit. The paved parking area will extend from the edge of pavement of any municipal street.
B. Recreational Vehicles And Travel Trailers: Recreational vehicles (RVs) and travel trailers (8 x 32 feet or smaller) may be parked in front yards on a paved, gravel, or scoria surface.
C. Parking Prohibited; Exception: Parking of any vehicle which has a gross vehicle weight (GVW) of greater than twenty six thousand (26,000) pounds, is prohibited along any public street that adjoins an R-1 district, except for the following:
1. Vehicles loading or unloading passengers, materials, and merchandise.
2. Vehicles engaged in performing a service activity on the adjacent residential lot or parcel of land.
3. Vehicles used in association with construction or maintenance activities in the immediate vicinity.
D. Unlicensed Or Inoperable Vehicles: No more than one unlicensed or inoperable vehicle will be permitted on any residential lot or zone lot. (Ord. 2001-05, 6-11-2001)
11-3B-9: FENCING:
A. Front Building Line And Property Line: Fences shall be no more than four feet (4') high between the front building line and front property line.
B. Side Or Rear Property Lines: Fences shall be no more than six feet (6') high if located along side or rear property lines.
C. Electric And Barbed Wire: Electric and barbed wire fencing is prohibited. (Ord. 2001-05, 6-11-2001)
11-3B-10: ACCESSORY USES:
Child daycare facilities operated by the occupants of a single-family residence and not more than two (2) nonhousehold employees.
Home occupations operated by the occupants of a single-family residence and not more than two (2) nonhousehold employees. However, such enterprises will generate limited vehicular traffic and vehicular parking along residential streets, as well as limited noise within residential neighborhoods.
Personal storage buildings such as pole barns, garages, workshops and toolsheds. These uses will only be permitted on the same lot with a primary residential structure, or on an adjacent zone lot for structures. (Ord. 2001-05, 6-11-2001)
11-3B-11: AUTHORIZED SIGNS:
A. Nameplate: One unlighted nameplate or sign for each single- family dwelling, which indicates the name of the building occupant and/or home occupation taking place within the dwelling unit. The total area of each authorized nameplate or sign will not exceed two (2) square feet.
B. Home Occupation: Home occupation signs must be attached to the dwelling unit and be parallel with the wall to which it is attached.
C. For Rent Or For Sale Signs: Any unlighted sign or signs not exceeding a total area of twelve (12) square feet which indicate the availability of single-family dwelling unit rentals or the sale of the property where the signs are located.
D. Directional Signs: Directional signs, not exceeding one-half (1/2) square foot in area.
E. Election Signs: Freestanding election signs not exceeding sixteen (16) square feet may be temporarily placed in residential areas but must be removed by the landowner or occupants of a property within seven (7) days after the election date.
F. Yard Sale, Garage Sale Or Other Similar Signs: Freestanding yard sale, garage sale or other similar signs, which do not exceed sixteen (16) square feet, may temporarily be placed in residential areas. However, the landowner or occupants of a property must remove these signs within twenty four (24) hours after the event has occurred. (Ord. 2001-05, 6-11-2001)
11-3B-12: INTERSECTION SIGHT TRIANGLE1:
A. Required At Intersections: A sight triangle shall be maintained at the intersection of two (2) streets, a street and an alley, or a street and a pavement line of a commercial or a common, multi-family driveway in which nothing shall hereafter be erected, placed or planted which would obstruct the view of motorists entering or leaving the intersection.
B. Single Obstruction: A single obstruction, less than twenty four inches (24") in width, shall not be considered a violation of the sight triangle, except a single tree of any diameter whose vegetation does not extend into the required, unobstructed area, shall also not be considered a violation.
C. Open Mesh Fences: Open mesh fences may be erected in sight triangles; provided, that they comply with all other requirements as established by town regulations and ordinances.
D. Unusual Conditions Requiring Additional Regulation: If, in the opinion of the town engineer, an unusual condition of topography, street grade and/or lot grade exists which requires additional regulation of a particular intersection to ensure a safe sight distance, the zoning administrator may establish a maximum safe height of obstructions in any sight triangle which is different than these standards and which is based on the town engineer's recommendation. (Ord. 2001-05, 6-11-2001)
11-3B-13: MINIMUM LOT WIDTH:
Minimum lot width will be seventy feet (70'). (Ord. 2008-08, 4-27-2009)
11-3C-1: INTENT AND PURPOSE:
The R-2 multi-unit residential district is intended to provide and encourage the development of duplexes, townhouses, apartments and other multi-unit residential facilities, which can serve both transient and long term residents. The R-2 multi-unit residential district regulations are intended to provide adequate vehicular parking, setbacks, landscaping and/or other screening to ensure its compatibility with adjoining single-family residential districts, as well as accessibility to community utility systems and community open space areas. (Ord. 2007-04, 6-11-2007)
11-3C-2: PERMITTED USES:
Any use permitted under R-1 single-family residential district zoning.
Community centers.
Daycare (family daycare home, group daycare home or group daycare center, with appropriate state license).
Foster homes or group foster homes, with appropriate state license.
One individual family or individual household will primarily occupy each dwelling unit. However, owners may provide room and board for up to two (2) persons provided no separate kitchen is provided.
Public parks, playgrounds, trails, bikeways and other public recreational facilities.
Residential duplexes, apartment units, townhouses or multi-unit complexes that include site built homes, manufactured homes and modular homes.
Senior housing and assisted care facilities.
Structures supporting community utility systems. (Ord. 2007-04, 6-11-2007)
11-3C-3: RESIDENTIAL BUILDING STANDARDS:
A. The construction of site built dwelling units or multi-unit complexes will conform to the residential construction standards outlined in the most recent building, plumbing, and mechanical construction codes that have been adopted by the town of Wright.
B. The construction of manufactured homes will conform to the national manufactured housing construction and safety standards act of 1974 (42 USC section 5401 et seq.) and all subsequent amendments, as well as manufactured home construction and safety standards outlined in the current regulations of the U.S. department of housing and urban development (24 CFR, chapter XX, part 3280). All manufactured homes will also be subject to the following criteria to ensure compatibility with residential neighborhoods:
1. Structures will be attached to a permanent foundation in accordance with manufacturer's specifications.
2. Structures will have a minimum width of twenty four feet (24') and contain a minimum total floor area of eight hundred (800) square feet. (Ord. 2007-04, 6-11-2007)
3. Structures will be able to resist a wind load of ninety (90) miles per hour. (Ord. 2008-08, 4-27-2009)
4. Structures will be able to support a snow load of thirty (30) pounds per square foot. (Ord. 2007-04, 6-11-2007)
5. Structures will have a pitched roof with a slope of not less than a four inch (4") rise for each twelve inches (12") of horizontal run. (Ord. 2008-08, 4-27-2009)
6. Structure will have a roof overhang that extends not less than eight inches (8") from exterior walls.
7. Siding material will consist of wood or wood products, stucco, brick, rock, lap steel, lap aluminum or lap vinyl. One or a combination of these materials will be used to cover the exterior of the housing unit.
8. The lower perimeter of the dwelling unit shall be fully enclosed from the lower edge of the dwelling unit to the ground. The material used to enclose the lower perimeter of the dwelling shall be either masonry or the same siding material as on the dwelling proper. Siding material shall be horizontal or vertical consistent with the siding of the dwelling proper. Any material used to enclose the lower perimeter of the dwelling unit shall be able to withstand the effects of wind, soil, decay, termites, and prevent the entry of rodents.
9. An unobstructed access door will be provided along the lower perimeter. The size of the access door will be at least twenty four inches by thirty six inches (24" x 36").
10. No attachments, additions, alterations or modifications to the exterior walls of a manufactured home are allowed except those approved by the manufacturer for the specific unit. All other additions, porches, decks, garage or other add on attachments must be freestanding and self-supporting with no structural reliance on the manufactured unit itself.
11. All tongues, towing devices, wheels, and undercarriage support used solely for initial transportation of the home will be removed from the unit within thirty (30) days of delivery to the site.
12. Structures will contain underfloor areas that are ventilated by an approved mechanical means, or by openings into the underfloor area walls. Specific requirements are outlined in the most recent building construction codes that have been adopted by the town of Wright.
13. No unit shall be placed on a residential lot more than one year following the date of manufacture or has never been previously installed or occupied at any other site or location.
C. The construction of modular homes or multi-unit complexes will be constructed in a factory in accordance with the most recent building construction codes that have been adopted by the town of Wright, or a current residential construction code other than the national manufactured home construction and safety standards and the current regulations of the U.S. department of housing and urban development (24 CFR, chapter XX, part 3280). All modular homes will also be subject to the following criteria to ensure compatibility with residential neighborhoods:
1. Is at least twenty four feet (24') wide and contains at least eight hundred (800) square feet; and
2. Is installed on a permanent foundation that conforms to the most recent building construction codes that have been adopted by the town of Wright; and (Ord. 2007-04, 6-11-2007)
3. Has a pitched roof with a slope of not less than a four inch (4") rise for each twelve inches (12") of horizontal run; and (Ord. 2008-08, 4-27-2009)
4. Has a roof overhang that extends not less than eight inches (8") from exterior walls; and
5. Siding will consist of wood or wood products, stucco, brick, rock, lap steel, lap aluminum or lap vinyl. One or a combination of these materials will be used to cover the exterior of the housing unit; and
6. The lower perimeter of the dwelling unit shall be fully enclosed from the lower edge of the dwelling unit to the ground. The material used to enclose the lower perimeter of the dwelling shall be either masonry or the same siding material as on the dwelling proper. Siding material shall be horizontal or vertical consistent with the siding of the dwelling proper. Any material used to enclose the lower perimeter of the dwelling unit shall be able to withstand the effects of wind, soil, decay, termites and prevent the entry of rodents; and
7. An unobstructed access door will be provided along the lower perimeter. The size of the access door will be at least twenty four inches by thirty six inches (24" x 36"); and
8. All tongues, towing devices, wheels, and undercarriage support used solely for initial transportation of the modular home shall be removed from the unit, and out of public view within thirty (30) days of delivery to the site.
D. All buildings in the multi-unit residential district will require a plan review by town of Wright staff, or its representative, prior to the issuance of a building permit. (Ord. 2007-04, 6-11-2007)
11-3C-4: OTHER USES AUTHORIZED BY SPECIAL USE PERMIT OR VARIANCE:
Any nonconforming use, which is approved by the Wright planning and zoning commission. (Ord. 2007-04, 6-11-2007)
11-3C-5: LANDSCAPING REQUIREMENTS:
At least five percent (5%) of each multi-unit residential lot will be landscaped and maintained to increase compatibility with adjoining land uses, increase the attractiveness of the residential site or complex, and enhance the general aesthetics of the community. This requirement may be done within any portion of the site. (Ord. 2007-04, 6-11-2007)
11-3C-6: MINIMUM LOT AREA:
Six thousand (6,000) square feet, plus one thousand five hundred (1,500) square feet for each dwelling unit in a multiple-family and condominium dwelling in excess of four (4) dwelling units. The minimum area of a zone lot for townhouses shall be three thousand (3,000) square feet per unit. Living units in boarding and/or rooming houses and dormitories shall not be construed to be dwelling units for the purposes of this requirement. (Ord. 2007-04, 6-11-2007)
11-3C-7: MINIMUM LOT WIDTH:
Fifty feet (50') at the front setback line. (Ord. 2007-04, 6-11-2007)
11-3C-8: MINIMUM SETBACKS:
A. Front Yard: Fifteen feet (15') for principal structures; fifteen feet (15') for detached accessory buildings except that no such structure shall project beyond the front line of any principal structure. Both street frontages of corner lots shall be considered front yards.
B. Side Yard: Ten feet (10') for principal structures; three feet (3') for detached accessory structures.
C. Rear Yard: Five feet (5') for principal structures; three feet (3') for detached accessory structures.
D. Accessory Buildings: Accessory buildings of less than two hundred (200) square feet in area and less than ten feet (10') maximum height and of a portable construction type with no portion of the structural system or foundation extending below ground level shall be exempt from the minimum side yard and rear yard setback requirements.
E. Encroachments: Roofed and unwalled porches, decks, patios, balconies, or exterior stairways may project no more than eight feet (8') into the required front setback area and four feet (4') into any required side yard setback area.
F. Private Yard Fences And Landscaping Features:
1. The building official shall be authorized to allow residential property owners to place private yard fences and landscaping features, as might otherwise be permissible under this zoning ordinance, within those portions of the rights of way fronting on their residential property, but no closer than five feet (5') from the back of the curb, and that all such property owners be advised and made aware that said rights of way are town property and that the town shall not be responsible for damage to any such improvements as a result of town actions and shall be held harmless by the property owner, as acknowledged by the property owner's signature.
2. Fences and other landscaping features that, prior to the adoption hereof, have been placed closer to the back of the curb than the designated five feet (5') shall be allowed to remain in place until such time as they must be removed to allow the town to conduct regular street maintenance or other prescribed duties, or are otherwise removed by the landowner for any purpose. Should such removal occur, any replacement fence or landscaping feature shall then be placed no closer than five feet (5') from the back of the curb and that all such removal and replacement shall be done at the landowner's sole expense. (Ord. 2007-04, 6-11-2007)
11-3C-9: MAXIMUM BUILDING HEIGHT:
Forty five feet (45') for principal structures; twenty five feet (25') for detached accessory structures. (Ord. 2007-04, 6-11-2007)
11-3C-10: MAXIMUM AREA OF ACCESSORY BUILDINGS:
The total area of all accessory buildings may not exceed one thousand (1,000) square feet. (Ord. 2007-04, 6-11-2007)
11-3C-11: REQUIRED OPEN SPACE:
A. Zone lots occupied by single-family dwellings shall maintain fifty percent (50%) of the zone lot as free and unobstructed open space.
B. Zone lots occupied by multiple-family dwellings shall maintain five hundred (500) square feet of free and unobstructed open space for each dwelling unit.
C. Zone lots occupied by a boarding or rooming house shall maintain five hundred (500) square feet of free and unobstructed open space for each sleeping room.
D. Area devoted to off street parking shall not be counted as free and unobstructed open space. (Ord. 2007-04, 6-11-2007)
11-3C-12: PARKING:
A. Parking requirements will be met through the construction and use of centralized vehicular parking areas, driveways associated with each dwelling unit, and/or private garages. The paved parking area and/or driveways will extend from the edge of pavement of any municipal street.
B. Recreational vehicles (RVs) and travel trailers (8 x 32 feet or smaller) may be parked on front yards on a paved, gravel, or scoria surface.
C. Two (2) designated parking spaces will be required for each dwelling unit.
D. Additional parking spaces within a centralized parking area may be provided to park recreational vehicles (RVs) and travel trailers. These parking spaces will not be longer than eight feet by thirty two feet (8' x 32').
E. Parking of any vehicle, which has a gross vehicle weight (GVW) of greater than twenty six thousand (26,000) pounds, is prohibited along any public street that adjoins an R-2 district, except for the following:
1. Vehicles loading or unloading passengers, materials, and merchandise.
2. Vehicles engaged in performing a service activity on the adjacent residential lot or parcel of land.
3. Vehicles used in association with construction or maintenance activities in the immediate vicinity.
F. No more than one unlicensed or inoperable vehicle will be permitted on any residential lot or zone lot. (Ord. 2007-04, 6-11-2007)
11-3C-13: FENCING:
A. Not more than four feet (4') high between the front building line and front property line.
B. Not more than six feet (6') high if located along side or rear property lines.
C. Electric and barbed wire fencing is prohibited. (Ord. 2007-04, 6-11-2007)
11-3C-14: ACCESSORY USES:
Any of which complies with all of the following conditions may be operated as an accessory use to a permitted use:
Does not include residential occupancy.
Does not include structures or structural features inconsistent with the permitted use.
Home occupations operated by the occupants of a single- family residence and not more than two (2) nonhousehold employees. However, such enterprises will generate limited vehicular traffic and vehicular parking along residential streets, as well as limited noise within residential neighborhoods.
If in a separate, detached structure from a permitted use, the gross floor area devoted to the accessory use shall not exceed the gross floor area of the permitted use.
If operated wholly or partly within the structure containing the permitted use, the gross floor area utilized by the accessory use shall not exceed thirty percent (30%) of the gross floor use of the permitted use.
Is clearly incidental and customary to and commonly associated with the operation of the permitted use.
Is operated and maintained under the same ownership and on the same zone lot as the permitted use.
Personal storage buildings such as workshops and toolsheds. These uses will only be permitted on the same lot with a primary residential structure, or on an adjacent zone lot for structures. (Ord. 2007-04, 6-11-2007)
11-3C-15: AUTHORIZED SIGNS:
A. One unlighted identification sign not exceeding sixty (60) square feet in area for multi-unit residential buildings used for the housing of four (4) or more families or households.
B. The identification sign for multi-unit residential buildings shall not exceed six feet (6') in height or twelve feet (12') in length.
C. One unlighted nameplate or sign for each multi-unit dwelling unit which indicates the name of the building occupant and/or home occupation taking place within the dwelling unit. The total area of each authorized nameplate or sign will not exceed two (2) square feet.
D. Nameplate or home occupation signs must be attached to the dwelling unit and be parallel with the wall to which it is attached.
E. Any unlighted sign, or a combination of signs, not exceeding a total area of twelve (12) square feet which indicate the availability of multi-unit dwelling rentals or the sale of the property where the signs are located.
F. Directional signs, not exceeding 0.5 square foot in area.
G. Freestanding election signs not exceeding sixteen (16) square feet may be temporarily placed in residential areas but must be removed by the landowner or occupants of a property within seven (7) days after the election date.
H. Freestanding yard sale, garage sale or other similar signs, which do not exceed sixteen (16) square feet, may temporarily be placed in residential areas. However, the landowner or occupants of a property must remove these signs within twenty four (24) hours after the event has occurred. (Ord. 2007-04, 6-11-2007)
11-3C-16: INTERSECTION SIGHT TRIANGLE1:
A. A sight triangle shall be maintained at the intersection of two (2) streets, a street and an alley, or a street and a pavement line of a commercial or a common, multi-family driveway in which nothing shall hereafter be erected, placed or planted which would obstruct the view of motorists entering or leaving the intersection.
B. A single obstruction, less than twenty four inches (24") in width, shall not be considered a violation of the sight triangle, except a single tree of any diameter whose vegetation does not extend into the required unobstructed area shall also not be considered a violation.
C. If, in the opinion of the town engineer, an unusual condition of topography, street grade and/or lot grade exists which requires additional regulation of a particular intersection to ensure a safe sight distance, the zoning administrator may establish a maximum safe height of obstructions in any sight triangle which is different than these standards and which is based on the town engineer's recommendation.
D. Open mesh fences may be erected in sight triangles provided that they comply with all other requirements as established by town regulations and ordinances. (Ord. 2007-04, 6-11-2007)
11-3D-1: INTENT AND PURPOSE:
The R-3 rural residential district is intended to accommodate single-family dwellings in lower density rural areas and some limited agricultural uses. (Ord. 2001-05, 6-11-2001)
11-3D-2: PERMITTED USES:
Property and buildings in the rural residential district shall be used for the following purposes:
Community centers.
Greenhouses.
One individual family or household will primarily occupy single-family dwelling units. However, owners may provide room and board for up to two (2) persons, provided no separate kitchen is provided.
Public parks, playgrounds, trails, bikeways and other public recreational facilities.
Single-family dwelling units including site built homes, manufactured homes, and modular homes. Only one residence per lot shall be allowed.
Structures supporting community utility systems.
Transportation and utility easements, alleys and rights of way.
Veterinary clinic, including observation pens. (Ord. 2001-05, 6-11-2001)
11-3D-3: RESIDENTIAL BUILDING STANDARDS:
B. Construction Of Manufactured Homes: The construction of manufactured homes will conform to the national manufactured housing construction and safety standards act of 1974 (42 USC 5401 et seq.) and all subsequent amendments, as well as manufactured home construction and safety standards outlined in the current regulations of the U.S. department of housing and urban development (24 CFR, chapter XX, part 3280). In addition, all manufactured homes will also be subject to the following criteria to ensure compatibility with residential neighborhoods: (Ord. 2001-05, 6-11-2001)
1. Foundation: Structures will be attached to a permanent foundation in accordance with manufacturer's specifications. (Ord. 2001-05, 6-11-2001; amd. 2007 Code)
2. Width; Floor Area: Structures will have a minimum width of twenty four feet (24') and contain a minimum total floor area of eight hundred (800) square feet. (Ord. 2001-05, 6-11-2001)
3. Wind Load: Structures will be able to resist a wind load of ninety (90) miles per hour. (Ord. 2008-08, 4-27-2009)
4. Snow Load: Structures will be able to support a snow load of thirty (30) pounds per square foot. (Ord. 2001-05, 6-11-2001)
5. Pitched Roof: Structures will have a pitched roof with a roof slope of not less than a four inch (4") rise for each twelve inches (12") of horizontal run. (Ord. 2008-08, 4-27-2009)
6. Roof Overhang: Structure will have a roof overhang that extends not less than eight inches (8") from exterior walls.
7. Siding Material: Siding material will consist of wood or wood products, stucco, brick, rock, lap steel, lap aluminum or lap vinyl. One or a combination of these materials will be used to cover the exterior of the housing unit.
8. Lower Perimeter: The lower perimeter of the dwelling unit shall be fully enclosed from the lower edge of the dwelling unit to the ground. The material used to enclose the lower perimeter of the dwelling shall be either masonry or the same siding material as on the dwelling proper. Siding material shall be horizontal or vertical consistent with the siding of the dwelling proper. Any material used to enclose the lower perimeter of the dwelling unit shall be able to withstand the effects of wind, soil, decay, termites and prevent the entry of rodents.
9. Lower Perimeter Access Door: An unobstructed access door will be provided along the lower perimeter. The size of the access door will be at least twenty four inches by thirty six inches (24" x 36").
10. Attachments, Additions, Alterations Or Modifications: No attachments, additions, alterations or modifications to the exterior walls of a manufactured home are allowed except those approved by the manufacturer for the specific unit. All other additions, porches, decks, garages or other add on attachments must be freestanding and self-supporting with no structural reliance on the manufactured unit itself.
11. Transportation Devices: All tongues, towing devices, wheels, and undercarriage supports used solely for initial transportation of the home will be removed from the unit within thirty (30) days of delivery to the site. (Ord. 2001-05, 6-11-2001)
12. Underfloor Areas: Structures will contain underfloor areas that are ventilated by an approved mechanical means, or by openings into the underfloor area walls. Specific requirements are outlined in the most current building construction codes that have been adopted by the town.
13. Prohibited: No unit shall be placed on a residential lot more than one year following the date of manufacture that has never been previously installed or occupied at any other site or location. (Ord. 2001-05, 6-11-2001; amd. 2007 Code)
C. Construction Of Modular Homes: Modular homes will be constructed in a factory in accordance with the most recent building construction codes that have been adopted by the town or a current residential construction code other than the national manufactured home construction and safety standards and the current regulations of the U.S. department of housing and urban development (24 CFR, chapter XX, part 3280). All modular homes will also be subject to the following criteria to ensure compatibility with residential neighborhoods:
1. Width; Area: Is at least twenty four feet (24') wide and contains at least eight hundred (800) square feet.
2. Foundation: Is installed on a permanent foundation that conforms to the most recent building construction codes that have been adopted by the town. (Ord. 2001-05, 6-11-2001)
3. Pitched Roof: Has a pitched roof with a slope of not less than a four inch (4") rise for each twelve inches (12") of horizontal run. (Ord. 2008-08, 4-27-2009)
4. Roof Overhang: Has a roof overhang that extends not less than eight inches (8") from exterior walls.
5. Siding Material: Siding will consist of wood or wood products, stucco, brick, rock, lap steel, lap aluminum or lap vinyl. One or a combination of these materials will be used to cover the exterior of the housing unit.
6. Lower Perimeter: The lower perimeter of the dwelling unit shall be fully enclosed from the lower edge of the dwelling unit to the ground. The material used to enclose the lower perimeter of the dwelling shall be either masonry or the same siding material as on the dwelling proper. Siding material shall be horizontal or vertical consistent with the siding of the dwelling proper. Any material used to enclose the lower perimeter of the dwelling unit shall be able to withstand the effects of wind, soil, decay, termites and prevent the entry of rodents.
7. Lower Perimeter Access Door: An unobstructed access door will be provided along the lower perimeter. The size of the access door will be at least twenty four inches by thirty six inches (24" x 36").
8. Transportation Devices: All tongues, towing devices, wheels, and undercarriage supports used solely for initial transportation of the modular home shall be removed from the unit and out of public view within thirty (30) days of delivery to the site.
D. Plan Review Required: All buildings in the rural residential district will require a plan review by town staff, or its representative, prior to the issuance of a building permit. (Ord. 2001-05, 6-11-2001)
11-3D-4: OTHER USES AUTHORIZED BY SPECIAL USE PERMIT OR VARIANCE:
Other uses authorized by special use permit or variance are any nonconforming uses which are approved by the planning and zoning commission. (Ord. 2001-05, 6-11-2001)
11-3D-5: MINIMUM LOT AREA:
The minimum lot area shall be two and one-half (21/2) acres, except block 5, lots 1, 2, 8, 9, 10 and 11 of Latigo Hills subdivision filing no. 1; and block 1, lots 2, 3, 4 and 5 of Paintbrush Hills subdivision filing no. 1. (Ord. 2001-05, 6-11-2001)
11-3D-6: MINIMUM SETBACKS:
A. Front Yard Setbacks: Twenty five feet (25') for principal structures; twenty five feet (25') for detached accessory buildings except that no such structure shall project beyond the front line of any principal structure. Both street frontages of corner lots shall be considered front yards.
B. Side Yard Setbacks: Ten feet (10') for principal structures; ten feet (10') for detached accessory structures.
C. Rear Yard Setbacks: Twenty feet (20') for principal structures; ten feet (10') for detached accessory structures.
D. Accessory Buildings: Accessory buildings of less than two hundred (200) square feet in area and less than ten feet (10') maximum height and of a portable construction type with no portion of the structural system or foundation extending below ground level shall be exempt from the minimum side yard and rear yard setback requirements. (Ord. 2001-05, 6-11-2001)
E. Private Yard Fences And Landscaping Features:
1. Authority To Allow; Indemnification: The building official shall be authorized to allow residential property owners to place private yard fences and landscaping features, as might otherwise be permissible under this title, within those portions of the rights of way fronting on their residential property, but no closer than five feet (5') from the back of the curb, and that all such property owners be advised and made aware that said rights of way are town property and that the town shall not be responsible for damage to any such improvements as a result of town actions and shall be held harmless by the property owner, as acknowledged by the property owner's signature.
2. Preexisting Fences And Other Features: Fences and other landscaping features that, prior to the adoption hereof, have been placed closer to the back of the curb than the designated five feet 5') shall be allowed to remain in place until such time as they must be removed to allow the town to conduct regular street maintenance or other prescribed duties, or are otherwise removed by the landowner for any purpose. Should such removal occur, any replacement fence or landscaping feature shall then be placed no closer than five feet (5') from the back of the curb and that all such removal and replacement shall be done at the landowner's sole expense. (Ord. 2005-04, 5-23-2005)
11-3D-7: MAXIMUM BUILDING HEIGHT:
The maximum building height shall be thirty five feet (35') for principal structures; twenty five feet (25') for detached accessory structures. (Ord. 2001-05, 6-11-2001)
11-3D-8: PARKING:
A. Paved Off Street Parking: A minimum of four hundred (400) square feet of off street parking area surfaced with material which is equivalent to or better than the surfacing material of the abutting street, road or alley will be provided for each single-family dwelling unit.
B. Recreational Vehicles And Travel Trailers:
1. Recreational vehicles (RVs) and travel trailers (8 x 32 feet or smaller) may be parked on front yards on a paved, gravel, or scoria surface.
2. RVs and travel trailers may also be parked on side and rear yards without underlying paved, gravel, or scoria surface.
C. Parking Prohibited; Exceptions: Parking of any vehicle, which has a gross vehicle weight (GVW) of greater than twenty six thousand (26,000) pounds, is prohibited along any public street that adjoins an R-3 district, except for the following:
1. Vehicles loading or unloading passengers, materials, and merchandise.
2. Vehicles engaged in performing a service activity on the adjacent residential lot or parcel of land.
3. Vehicles used in association with construction or maintenance activities in the immediate vicinity.
D. Unlicensed Or Inoperable Vehicles: No more than one unlicensed or inoperable vehicle will be permitted on any residential lot or zoned lot. (Ord. 2001-05, 6-11-2001)
11-3D-9: FENCING:
A. Barbed Wire: A fence made of steel, concrete or sound wooden posts and five (5) strands of barbed wire not more than fifteen inches (15") or less than ten inches (10") apart, or four (4) strands of barbed wire with a wooden rail on top. Wooden posts shall be at least four inches (4") in diameter. Posts shall be set firmly in the ground at least twenty inches (20") deep, at no greater distance apart than sixteen and one-half feet (161/2') between the posts or thirty three feet (33') with at least two (2) iron or wooden stays between the posts. Stays shall be placed equal distance apart from themselves and the post on either side. Barbed wire is not allowed on lots less than two and one-half (21/2) acres. (Ord. 2001-05, 6-11-2001; amd. 2007 Code)
B. Post And Board Fence: A post and board fence made of sound posts not less than four inches (4") in diameter set substantially in the ground not more than ten feet (10') apart, with three (3) boards sold as one inch (1") lumber eight inches (8") wide, not more than eight inches (8") apart, or four (4) boards sold as one inch (1") lumber six inches (6") wide, not more than eight inches (8") apart, securely fastened with nails or otherwise.
C. Pole Fence: A four (4) pole fence with round poles not less than two inches (2") in diameter at the small end, with either upright or leaning posts not more than sixteen feet (16') apart, and securely fastened with nails, wires, or otherwise.
D. All Other Fences: All other fences made and constructed of boards, rails, poles, stones, hedge plants or other material which, upon evidence is declared to be as strong and as well calculated to protect enclosures, and is as effective for resisting breaching stock as those described in subsections A, B, and C of this section, shall be considered a lawful fence. (Ord. 2001-05, 6-11-2001)
E. Fence Enclosing Hay Corral: Any fence enclosing any hay corral situated outside of any field or pasture enclosed by a lawful fence, shall be at least six feet (6') high, constructed of boards, poles, or wire. The posts shall not be more than eight feet (8') apart and set twenty four inches (24") in the ground. If the fence is constructed of barbed wire, there shall be at least seven (7) strands of wire and all wires shall be kept properly stretched. Any fence, better than the above described fence, is a lawful fence. (Ord. 2001-05, 6-11-2001; amd. 2007 Code)
11-3D-10: ACCESSORY USES:
Accessory uses and buildings provided such uses are incidental to the principal use and do not include any activity commonly conducted as a business except as mentioned in this section. Any accessory buildings shall be located on the same lot with the principal building.
Child daycare facilities operated by the occupants of a single-family residence and not more than two (2) nonhousehold employees.
Farm Animals: One animal unit per acre, but not more than ten (10) animal units. "One animal unit" is defined as one cow-calf; one horse; five (5) sheep, llamas, goats; eight (8) ostriches or emu; or twenty (20) chickens, rabbits, or geese.
Home occupations operated by the occupants of a single-family residence and not more than two (2) nonhousehold employees. However, such enterprises will generate limited vehicular traffic and vehicular parking along residential streets, as well as limited noise within residential neighborhoods.
Personal storage buildings such as pole barns, garages, workshop and toolsheds. However, these uses will only be permitted on the same lot with a primary residential structure, or on an adjacent zone lot for structures. (Ord. 2001-05, 6-11-2001)
11-3D-11: AUTHORIZED SIGNS:
A. Nameplate: One unlighted nameplate or sign for each single-family dwelling, which indicates the name of the building occupant and/or home occupation, taking place within the dwelling unit. The total area of each authorized nameplate or sign will not exceed two (2) square feet.
B. Home Occupation Signs: Home occupation signs must be attached to the dwelling unit and be parallel with the wall to which it is attached.
C. For Rent Or For Sale Signs: Any unlighted sign or signs not exceeding a total area of twelve (12) square feet which indicate the availability of single-family dwelling unit rentals, or the sale of the property where the signs are located.
D. Directional Signs: Directional signs, not exceeding one-half (1/2) square foot in area.
E. Election Signs: Freestanding election signs not exceeding sixteen (16) square feet may be temporarily placed in residential areas but must be removed by the landowner or occupants of a property within seven (7) days after the election date.
F. Yard Sale, Garage Sale Or Other Similar Signs: Freestanding yard sale, garage sale or other similar signs, which do not exceed sixteen (16) square feet, may temporarily be placed in residential areas. However, the landowner or occupants of a property must remove these signs within twenty four (24) hours after the event has occurred. (Ord. 2001-05, 6-11-2001)
11-3D-12: INTERSECTION SIGHT TRIANGLE1:
A. Required At Intersections: A sight triangle shall be maintained at the intersection of two (2) streets, a street and an alley, or a street and a pavement line of a commercial or a common, multi-family driveway in which nothing shall hereafter be erected, placed or planted which would obstruct the view of motorists entering or leaving the intersection.
B. Single Obstruction: A single obstruction, less than twenty four inches (24") in width, shall not be considered a violation of the sight triangle, except a single tree of any diameter whose vegetation does not extend into the required unobstructed area shall also not be considered a violation.
C. Open Mesh Fences: Open mesh fences may be erected in sight triangles; provided, that they comply with all other requirements as established by town regulations and ordinances.
D. Unusual Conditions Requiring Additional Regulation: If, in the opinion of the town engineer, an unusual condition of topography, street grade and/or lot grade exists which requires additional regulation of a particular intersection to ensure a safe sight distance, the zoning administrator may establish a maximum safe height of obstructions in any sight triangle which is different than these standards and which is based on the town engineer's recommendation. (Ord. 2001-05, 6-11-2001)
11-3D-13: USES PERMITTED ON REVIEW:
The following uses normally required to provide the basic elements of an attractive residential area may be permitted on review by the town planning and zoning commission with approval by the town council:
Any use, which complies, with all of the following conditions may be operated as an accessory use to a permitted use:
A. It is clearly incidental to and commonly associated with the operation of the permitted use.
B. Is operated under the same ownership and on the same property as the permitted use. (Ord. 2001-05, 6-11-2001)
11-3E-1: INTENT AND PURPOSE:
The R-4 single-family manufactured home district designation is intended to encourage the development and maintenance of low density residential areas allowing manufactured housing that may not be compatible with the requirements of other zoning districts. These regulations are intended to provide broader home ownership opportunities, limit the density of the resident population, provide adequate open space around buildings and accessory structures, provide accessibility to community utility systems and community open space areas, as well as encourage a safe and attractive living environment for community residents. (Ord. 2005-05, 7-11-2005)
11-3E-2: PERMITTED USES:
One individual family or household will primarily occupy single-family dwelling units, however, owners may provide room and board for up to two (2) persons, provided no separate kitchen is provided.
Public parks, playgrounds, trails, bikeways and other public recreational facilities.
Single-family dwelling units representing various types of residential structures such as site built homes, manufactured homes, and modular homes.
Structures supporting community utility systems. (Ord. 2005-05, 7-11-2005)
11-3E-3: RESIDENTIAL BUILDING STANDARDS:
A. Site Built Or Modular Homes: The construction of site built or modular homes will conform to the residential construction standards outlined in the most recent building, plumbing, and mechanical construction codes that have been adopted by the town.
B. Manufactured Homes: The construction of manufactured homes will conform to the national manufactured housing construction and safety standards act of 1974 (42 USC § 5401 et seq.) and all subsequent amendments, as well as manufactured home construction and safety standards outlined in the current regulations of the U.S. department of housing and urban development (24 CFR, chapter XX, part 3280). All manufactured homes will also be subject to the following criteria to ensure compatibility with residential neighborhoods:
1. Lower Perimeter: The lower perimeter of the dwelling unit shall be fully enclosed (skirted) from the lower edge of the dwelling unit to the ground. Any material used to enclose the lower perimeter of the dwelling unit shall be able to withstand the effects of wind, soil, decay, and termites, and prevent the entry of rodents. No unmortared bricks or concrete blocks, nor hay or straw bales shall be used to enclose the lower perimeter.
2. Lower Perimeter Access Door: An unobstructed access door will be provided along the lower perimeter. The size of the access door will be at least twenty four by thirty six inches (24 x 36") and located to provide the most direct access to the water meter and/or other utilities installed under the home.
3. Attachments, Additions, Alterations Or Modifications To Exterior Walls: No attachments, additions, alterations or modifications to the exterior walls of a manufactured home are allowed except those approved by the manufacturer for the specific unit. All other additions, porches, decks, garages or other add on attachments must be freestanding and self-supporting with no structural reliance on the manufactured unit itself.
4. Transportation Devices: All tongues, towing devices, wheels, and undercarriage support used solely for initial transportation of the home will be removed from the unit within thirty (30) days of delivery to the site.
5. Underfloor Areas: Structures will contain underfloor areas that are ventilated by an approved mechanical means, or by openings into the underfloor area walls. Specific requirements are outlined in the current edition of the building code. (Ord. 2005-05, 7-11-2005)
11-3E-4: OTHER USES BY SPECIAL USE PERMIT OR VARIANCE:
Other uses by special use permit or variance are any nonconforming uses which are approved by the planning and zoning commission. (Ord. 2005-05, 7-11-2005)
11-3E-5: MINIMUM SETBACKS:
A. Front Yard Setbacks: Primary residential structure will be set back fifteen feet (15') from front property line. Detached accessory buildings will not be located beyond the front line of any primary residential structure. Both street frontages of corner lots shall be considered front yards.
B. Side Yard Setbacks: Primary residential structures and detached accessory structures will be set back not less than eight feet (8') from side property lines.
C. Rear Yard Setbacks: Primary residential structures will be set back not less than ten feet (10') from the rear property line.
D. Accessory Building: Accessory buildings of less than two hundred (200) square feet in area and less than ten feet (10') maximum height and of a portable construction type with no portion of the structural system or foundation extending below ground level shall be exempt from the minimum side yard and rear yard setback requirements.
E. Encroachments: Unroofed and unwalled porches, decks, patios, balconies, or exterior stairways may project no more than eight feet (8') into the required front setback area and four feet (4') into any required side yard setback area. (Ord. 2005-05, 7-11-2005)
11-3E-6: MAXIMUM BUILDING HEIGHT:
Primary residential structures will be thirty five feet (35') or less in height. The height of detached accessory structures will be twenty feet (20') or less. (Ord. 2005-05, 7-11-2005)
11-3E-7: MAXIMUM ACCESSORY BUILDING SIZE:
The total area of all accessory buildings may not exceed on thousand (1,000) square feet. (Ord. 2005-05, 7-11-2005)
11-3E-8: PARKING AND STORAGE:
A. Paved Off Street Parking: A minimum of two hundred (200) square feet of paved off street parking will be provided for each single-family dwelling unit. The paved parking area will extend from the edge of pavement of any municipal street.
B. Recreational Vehicles: Recreational vehicles (RVs) and travel trailers (8 x 32 feet or smaller) may be parked on front yards on a paved, gravel, or scoria surface.
C. Gross Weight: Parking of any vehicle which has a gross vehicle weight (GVW) of greater than twenty six thousand (26,000) pounds is prohibited along any public street that adjoins an R-4 district, except for the following:
1. Vehicles loading or unloading passengers, materials, and merchandise.
2. Vehicles engaged in performing a service activity on the adjacent residential lot or parcel of land.
3. Vehicles used in association with construction or maintenance activities in the immediate vicinity.
D. Unlicensed Or Inoperable Vehicles: No more than one unlicensed or inoperable vehicle will be permitted on any residential lot or zone lot. (Ord. 2005-05, 7-11-2005)
11-3E-9: FENCING:
A. Front Building And Property Line: Fences shall be no more than four feet (4') high between the front building line and front property line.
B. Side Or Rear Property Line: Fences shall be no more than six feet (6') high if located along side or rear property lines.
C. Electric And Barbed Wire: Electric and barbed wire fencing is prohibited. (Ord. 2005-05, 7-11-2005)
11-3E-10: ACCESSORY USES:
Child daycare facilities operated by the occupants of a single-family residence and not more than two (2) nonhousehold employees.
Home occupations operated by the occupants of a single-family residence and not more than two (2) nonhousehold employees. However, such enterprises will generate limited vehicular traffic and vehicular parking along residential streets, as well as limited noise within residential neighborhoods.
Personal storage buildings such as pole barns, garages, workshop and toolsheds. These uses will only be permitted on the same lot with a primary residential structure. (Ord. 2005-05, 7-11-2005)
11-3E-11: AUTHORIZED SIGNS:
A. Nameplate: One unlighted nameplate or sign for each single-family dwelling which indicates the name of the building occupant and/or home occupation taking place within the dwelling unit. The total area of each authorized nameplate or sign will not exceed two (2) square feet.
B. Home Occupation Signs: Home occupation signs must be attached to the dwelling unit and be parallel with the wall to which it is attached.
C. For Rent Or For Sale Signs: Any unlighted sign or signs not exceeding a total area of twelve (12) square feet which indicate the availability of single-family dwelling unit rentals or the sale of the property where the signs are located.
D. Directional Signs: Directional signs not exceeding one-half (1/2) square foot in area.
E. Election Signs: Freestanding election signs not exceeding sixteen (16) square feet may be temporarily placed in residential areas but must be removed by the landowner or occupants of a property within seven (7) days after the election date.
F. Yard Sale, Garage Sale Or Other Similar Signs: Freestanding yard sale, garage sale or other similar signs, which do not exceed sixteen (16) square feet, may temporarily be placed in residential areas. However, the landowner or occupants of a property must remove these signs within twenty four (24) hours after the event has occurred. (Ord. 2005-05, 7-11-2005)
11-3E-12: INTERSECTION SIGHT TRIANGLE1:
A. Required At Intersections: A sight triangle shall be maintained at the intersection of two (2) streets, a street and an alley, or a street and a pavement line of a commercial or a common, multi-family driveway in which nothing shall hereafter be erected, placed or planted which would obstruct the view of motorists entering or leaving the intersection.
B. Single Obstruction: A single obstruction, less than twenty four inches (24") in width, shall not be considered a violation of the sight triangle, except a single tree of any diameter whose vegetation does not extend into the required unobstructed area shall also not be considered a violation.
C. Open Mesh Fences: Open mesh fences may be erected in sight triangles; provided, that they comply with all other requirements as established by town regulations and ordinances.
D. Unusual Conditions Requiring Additional Regulation: If, in the opinion of the town engineer, an unusual condition of topography, street grade and/or lot grade exists which requires additional regulation of a particular intersection to ensure a safe sight distance, the zoning administrator may establish a maximum safe height of obstructions in any sight triangle which is different than these standards and which is based on the town engineer's recommendation. (Ord. 2005-05, 7-11-2005)
11-3F-1: INTENT AND PURPOSE:
This district is intended to provide affordable residential housing opportunities for transient and some long term residents living within authorized mobile home and RV parks. These regulations are also intended to provide adequate open space around buildings and accessory structures, provide accessibility to community utility systems and community open space areas, as well as encourage a safe and attractive living environment for community residents. (Ord. 2001-05, 6-11-2001)
11-3F-2: PERMITTED USES:
Community center.
One individual family or household will primarily occupy mobile home dwelling units. However, owners may provide room and board for up to two (2) persons, provided no separate kitchen is provided.
Public parks, playgrounds, trails, bikeways and other public recreational facilities.
Recreational vehicle (RV) parks.
Single-family dwelling units representing mobile homes that are installed within designated mobile home spaces. (Ord. 2001-05, 6-11-2001)
11-3F-3: RECREATIONAL VEHICLE (RV) PARK STANDARDS:
A development plan approved by the planning and zoning commission shall be required for all new RV parks and for expansions of existing RV facilities. For expansions, the plan shall include the entire site, including existing facilities. The following development standards shall apply for recreational vehicle parks:
A. Minimum Park Size: One acre.
B. Minimum Yards For Structures And Recreation Vehicles: There shall be a minimum of twenty feet (20') for the front yard, side yards and rear yards of the park as a whole. Where deemed necessary by the planning and zoning commission, an adequate visual buffer may be required.
C. Unit Spaces:
1. Minimum Area: There shall be provided and maintained a separately designated land area of nine hundred (900) square feet for each unit space.
D. Accessory Commercial Uses: Accessory commercial uses shall not exceed five percent (5%) of the gross park area.
E. Common Recreational Area: An adequate playground or other recreational area shall be provided.
F. Service Buildings: Each park shall provide one or more service buildings that provide:
Number Of Unit Spaces | Toilets | Urinals | Lavatories | Showers | Other Fixtures | |||
Men | Women | Men | Men | Women | Men | Women | ||
1–15 | 1 | 2 | 2 | 2 | 2 | 2 | 2 | Minimum one utility sink |
16–30 | 2 | 3 | 3 | 3 | 3 | 2 | 2 | |
31–45 | 3 | 4 | 3 | 4 | 4 | 3 | 4 | |
45–60 | 4 | 5 | 4 | 5 | 5 | 3 | 5 | |
61–80 | 4 | 6 | 4 | 5 | 5 | 5 | 6 | |
Notes:
For parks with more than 80 unit spaces, additional facilities shall be provided as follows:
1. Men's toilets, urinals, lavatories and showers - 1 of each per each 20 additional unit spaces; and
2. Women's toilets, lavatories and showers - 1 of each per each additional 15 unit spaces.
G. Water Supply: A potable water supply shall be available, not farther than one hundred feet (100') from any unit space.
H. Refuse Disposal: Durable, watertight refuse containers shall be provided at sanitary waste stations, service buildings and within one hundred fifty feet (150') of any unit space.
I. Sanitary Waste Stations: One station shall be provided for each one hundred (100) unit spaces, or part thereof, not equipped with individual sewer connections. A means for washing down the immediate area of the station shall be provided.
J. Parking: A minimum of one parking space shall be provided at each unit space. Parking spaces and RV pads shall be surfaced with gravel or scoria.
K. Streets: All streets shall be of an all weather surface of asphalt or concrete. The following minimum widths shall be required:
One way, with no on street parking | 12 feet |
One way, with on street parking | 20 feet |
Two way, with no on street parking | 20 feet |
Two way, with on street parking | 28 feet |
L. Drainage: The RV park shall be located and constructed on a well drained area, and such premises shall be properly graded so as to prevent the accumulation of storm or casual water. (Ord. 2001-11, 11-12-2001)
11-3F-4: MOBILE HOME PARK STANDARDS:
A. Mobile Home Parks: All owners and/or developers of new mobile home parks or existing mobile home parks that wish to enlarge, alter or expand shall comply with the following standards:
1. Streets: All streets shall be of an all weather surface of asphalt or concrete. The following minimum widths shall be required:
One way, with no on street parking | 12 feet |
One way, with on street parking | 20 feet |
Two way, with no on street parking | 20 feet |
Two way, with on street parking | 28 feet |
2. Access: Each mobile home lot shall have direct access to a public street system, which serves the mobile home subdivision or mobile home lot.
3. Walkways: Adequate, all weather walkways shall be provided to serve each mobile home lot.
4. Graded; Drainage; Ground Cover: Mobile home subdivisions, parks and lots shall be graded and well drained and have adequate ground cover in open areas to prevent wind and water erosion of soil.
5. Streetlights: Streetlights shall be placed at least every three hundred feet (300') on each street for each entire mobile home district, subdivision or park.
6. Fire Hydrants: Mobile home subdivisions and parks shall provide on site fire hydrants. Where fire hydrants are installed, water mains shall be a minimum of six inches (6") in diameter. Hydrants shall be located along streets readily accessible for fire department use and located within five hundred feet (500') of all mobile home lots. Hydrant hose coupling threads shall be national standard threads. Designated fire lanes and access to fire hydrants shall be open at all times.
7. Utilities: Utility hookups shall be provided for each mobile home unit in the mobile home subdivision. These utilities shall include water, sewer, gas, electricity and telephone.
8. Water Distribution System: A water distribution system including laterals to each mobile home lot with an individually metered water service connection from the town water and sewer district shall be established.
9. Sewer Disposal System: A sewage disposal system including laterals and connecting facilities to each mobile home lot from the town water and sewer district shall be established.
10. Drainage: Drainage structures, storm sewers and other drainage facilities.
11. General Storage: General storage areas, in addition to auto parking requirements, for accessory vehicles such as campers and boats. The minimum area required for general storage shall be three hundred (300) square feet for each mobile home lot. Accessory vehicles shall be subject to other zoning restrictions set out in this title. The storage areas required by this subsection shall be in addition to those required for off street parking.
12. Refuse Storage Area: Refuse storage area either on each individual mobile home lot or in common refuse storage areas, each serving no more than fifteen (15) mobile home lots, and so located so that no mobile home lot is more than one hundred feet (100') from a common storage area. A common refuse storage area base shall be a four inch (4") concrete slab and shall be enclosed by walls or screens and have a means or method of raising any individual refuse containers off the ground at least eight inches (8").
B. Individual Mobile Homes And Mobile Home Lots: Individual mobile homes and mobile home lots, whether or not in new mobile home subdivisions or parks, shall be developed to the following standards:
1. Access: The lot arrangement shall be such that there will be no foreseeable difficulties in positioning the mobile homes on the lots and providing driveway access to the off street parking from the roadway.
2. Driveway; Parking Spaces: Each lot shall be supplied with a minimum ten foot (10') wide paved driveway and two (2) paved automobile parking spaces. Parking spaces shall measure not less than eight feet six inches by eighteen feet (8'6" x 18').
3. Patio Pad: Each mobile home lot shall be provided with a minimum ten foot by fifteen foot (10' x 15') patio pad composed of concrete, brick, concrete block or other hard surface material and a hard surface walkway not less than two feet (2') wide from the patio to the roadway.
4. Skirting: Skirting shall be placed around each mobile home. The skirting shall be equipped with doors or access panels to permit access to utility connections. Skirting shall be weatherproof, rigid, durable, fire resistant material and finished in a manner compatible with the appearance of the mobile home. The skirting must be in place within sixty (60) days after the mobile home is located on the mobile home space. No unmortared concrete blocks, hay or straw bales shall be used as skirting. (Ord. 2002-1, 4-22-2002)
11-3F-5: RESIDENTIAL BUILDING STANDARDS:
A. Mobile Homes: Each mobile home must:
1. Be designed for long or short term occupancy.
2. Contain sleeping accommodations, a flush toilet, a tub or shower bath, and kitchen facilities.
3. Contain plumbing and electrical connections to local utility systems.
4. Be designed to be transported after fabrication, on its own wheels, a flatbed truck or other trailers, or on detachable wheels.
5. Arrive at the building site where it is to be occupied as a complete unit and be ready for occupancy except for minor and incidental unpacking and assembly operations, location on foundation supports or jacks, underpinned, and connections to utilities.
6. Exceed eight feet (8') in width and twenty four feet (24') in length, excluding towing gear and bumpers.
B. Required: Mobile homes must be installed with at least the following:
1. Secure blocking for support. (Ord. 2001-05, 6-11-2001)
2. Anchors shall be of a type capable of resisting a minimum allowable working load of three thousand one hundred fifty (3,150) pounds in the direction of the tie, plus a fifty percent (50%) overload (4,725 pounds) without failure. (Ord. 2008-08, 4-27-2009)
3. Skirting around the foundation of the housing unit, similar to, if not identical to, the unit. (Ord. 2001-05, 6-11-2001)
11-3F-6: OTHER USES AUTHORIZED BY SPECIAL USE PERMIT OR VARIANCE:
Other uses authorized by special use permit or variance are any nonconforming use which are approved by the planning and zoning commission. (Ord. 2001-05, 6-11-2001)
11-3F-7: MINIMUM LOT AREA:
The minimum lot area shall be six thousand (6,000) square feet. (Ord. 2001-05, 6-11-2001)
11-3F-8: MINIMUM SETBACKS:
A. Front Yard Setbacks: Fifteen feet (15') for principal structures; twenty feet (20') for detached accessory buildings except that no such structure shall project beyond the front line of any principal structure. Both street frontages of corner lots shall be considered front yards.
B. Side Yard Setbacks: Eight feet (8') for principal structures; eight feet (8') for detached accessory structures.
C. Rear Yard Setbacks: Ten feet (10') for principal structures; ten feet (10') for detached accessory structures.
D. Accessory Buildings: Accessory buildings of less than two hundred (200) square feet in area and less than ten feet (10') maximum height and of a portable construction type with no portion of the structural system or foundation extending below ground level shall be exempt from the minimum side yard and rear yard setback requirements. (Ord. 2001-05, 6-11-2001)
E. Encroachments: Unroofed and unwalled porches, decks, patios, balconies and exterior stairways may project no more than eight feet (8') into the required front setback area and four feet (4') into any required yard setback area.
F. Private Yard Fences And Landscaping Features:
1. Authority To Allow; Indemnification: The building official shall be authorized to allow residential property owners to place private yard fences and landscaping features, as might otherwise be permissible under this title, within those portions of the rights of way fronting on their residential property, but no closer than five feet (5') from the back of the curb, and that all such property owners be advised and made aware that said rights of way are town property and that the town shall not be responsible for damage to any such improvements as a result of town actions and shall be held harmless by the property owner, as acknowledged by the property owner's signature.
2. Preexisting Fences And Other Features: Fences and other landscaping features that, prior to the adoption hereof, have been placed closer to the back of the curb than the designated five feet (5') shall be allowed to remain in place until such time as they must be removed to allow the town to conduct regular street maintenance or other prescribed duties, or are otherwise removed by the landowner for any purpose. Should such removal occur, any replacement fence or landscaping feature shall then be placed no closer than five feet (5') from the back of the curb and that all such removal and replacement shall be done at the landowner's sole expense. (Ord. 2005-04, 5-23-2005)
11-3F-9: MAXIMUM BUILDING HEIGHT:
The maximum building height shall be thirty five feet (35') for principal structures; twenty five feet (25') for detached accessory structures. (Ord. 2001-05, 6-11-2001)
11-3F-10: MAXIMUM ACCESSORY BUILDING AREA:
The total area of all accessory buildings may not exceed one thousand (1,000) square feet. (Ord. 2001-05, 6-11-2001)
11-3F-11: PARKING AND STORAGE:
A. Minimum Off Street Parking: A minimum of two hundred (200) square feet of off street parking will be provided for each temporary or permanent dwelling unit. Off street parking area may be made upon a scoria, gravel, or paved surface, which would represent private driveways, parking spaces, centralized parking areas, or garages.
B. Recreational Vehicles And Travel Trailers:
1. Recreational vehicles (RVs) and travel trailers (8 x 32 feet or smaller) may be parked in front yards on a paved, gravel, or scoria surfaces.
2. RVs and travel trailers may also be parked on side and rear yards without an underlying paved, gravel, or scoria surface.
C. Unlicensed Or Inoperable Vehicles: No more than one unlicensed or inoperable vehicle will be permitted on any residential lot or zoned lot. (Ord. 2001-05, 6-11-2001)
11-3F-12: FENCING:
A. Front Building Line And Property Line: Fences shall be no more than four feet (4') high between the front building line and front property line.
B. Side Or Rear Property Line: Fences shall be no more than six feet (6') high if located along side or rear property lines.
C. Prohibited Fences: Electric and barbed wire fencing is prohibited. (Ord. 2001-05, 6-11-2001)
D. Exception: Fences used to enclose an RV or mobile home park storage area shall not be limited in height. Barbed wire is permitted above other fencing for security. (Ord. 2004-03, 3-22-2004)
11-3F-13: ACCESSORY USES:
Child daycare facilities operated by the occupants of a single-family residence and not more than two (2) nonhousehold employees.
Home occupations operated by the occupants of a single-family residence and not more than two (2) nonhousehold employees. However, such enterprises will generate limited vehicular traffic and vehicular parking along residential streets, as well as limited noise within residential neighborhoods. (Ord. 2001-05, 6-11-2001)
11-3F-14: AUTHORIZED SIGNS:
A. Nameplate: One unlighted nameplate or sign for each single-family dwelling which indicates the name of the building occupant and/or home occupation taking place within the dwelling unit. The total area of each authorized nameplate or sign will not exceed two (2) square feet.
B. Home Occupation Signs: Home occupation signs must be attached to the dwelling unit and be parallel with the wall to which it is attached.
C. For Rent Or For Sale Signs: Any unlighted sign or signs not exceeding a total area of twelve (12) square feet which indicate the availability of single-family dwelling unit rentals, or the sale of the property where the signs are located.
D. Directional Signs: Directional signs, not exceeding one-half (1/2) square foot in area.
E. Election Signs: Freestanding election signs not exceeding sixteen (16) square feet may be temporarily placed in residential areas but must be removed by the landowner or occupants of a property with in seven (7) days after the election date.
F. Yard Sale, Garage Sale Or Other Similar Signs: Freestanding yard sale, garage sale or other similar signs, which do not exceed sixteen (16) square feet, may temporarily be placed in residential areas. However, the landowner or occupants of a property must remove these signs within twenty four (24) hours after the event has occurred. (Ord. 2001-05, 6-11-2001)
11-3F-15: INTERSECTION SIGHT TRIANGLE1:
A. Required At Intersections: A sight triangle shall be maintained at the intersection of two (2) streets, a street and an alley, or a street and a pavement line of a commercial or a common, multi-family driveway in which nothing shall hereafter be erected, placed or planted which would obstruct the view of motorists entering or leaving the intersection.
B. Single Obstruction: A single obstruction, less than twenty four inches (24") in width, shall not be considered a violation of the sight triangle, except a single tree of any diameter whose vegetation does not extend into the required unobstructed area shall also not be considered a violation.
C. Open Mesh Fences: Open mesh fences may be erected in sight triangles; provided, that they comply with all other requirements as established by town regulations and ordinances.
D. Unusual Conditions Requiring Additional Regulation: If, in the opinion of the town engineer, an unusual condition of topography, street grade and/or lot grade exists which requires additional regulation of a particular intersection to ensure a safe sight distance, the zoning administrator may establish a maximum safe height of obstructions in any sight triangle which is different than these standards and which is based on the town engineer's recommendation. (Ord. 2001-05, 6-11-2001)
11-3G-1: INTENT AND PURPOSE:
The C general commercial district is intended to provide and encourage potential locations for commercial retail facilities, commercial offices, and other commercial services. The general commercial district regulations are intended to provide adequate vehicular parking, setbacks, landscaping and/or other screening to ensure its compatibility with adjoining land uses, as well as accessibility to community utility systems and community open space areas. (Ord. 2001-05, 6-11-2001)
11-3G-2: PERMITTED USES:
Any use permitted under R-2 multi-unit residential district zoning.
Commercial offices and office complexes.
Commercial recreational facilities such as bowling alleys and theaters.
Commercial retail establishments such as automotive sales centers, automobile parts stores, computer stores, grocery stores, hardware stores, pharmacies, shopping centers and malls, and truck stops.
Commercial services such as agricultural feed and supply stores, auto lubrication services, banks, barber shops and hair salons, boot and shoe repair shops, building supply centers, funeral homes, medical clinics, photo processing shops, and print shops.
Eating and drinking establishments including bars, cafes, and restaurants.
Motels, hotels, inns, or lodges.
Service and repair establishments such as auto repair shops.
Veterinary clinics. (Ord. 2001-05, 6-11-2001; amd. Ord. 2001-10, 9-24-2001)
11-3G-3: COMMERCIAL BUILDING STANDARDS:
11-3G-4: OTHER USES AUTHORIZED BY SPECIAL USE PERMIT OR VARIANCE:
Other uses authorized by special use permit or variance are any nonconforming uses which are approved by the planning and zoning commission. (Ord. 2001-05, 6-11-2001)
11-3G-5: LANDSCAPING REQUIREMENTS:
A. Minimum Required: At least five percent (5%) of each commercial site will be landscaped and maintained to increase compatibility with adjoining land uses, increase the attractiveness of the site, and enhance the general aesthetics of the community. This requirement may be done within any portion of the site. (Ord. 2001-10, 9-24-2001)
B. Trash Containers And Utility Boxes: Trash containers and utility boxes shall be screened from the street and general view by landscaping features. Designed enclosures are encouraged.
C. Time Limitation For Completion: Landscaping and irrigation shall be completed in the first available planting season, which shall be within nine (9) months of the date of occupancy.
D. Landscaping Plan: A landscaping plan shall be submitted to the building officer for approval prior to the issuance of a building permit. Any changes to the plan after it has been approved must likewise be submitted for approval. (Ord. 2004-03, 3-22-2004)
11-3G-6: MINIMUM LOT AREA:
None. (Ord. 2001-05, 6-11-2001)
11-3G-7: MINIMUM SETBACKS:
A. Front Yard Setbacks: Twenty five feet (25') for principal structures. Both street frontages of corner lots shall be considered front yards.
B. Side Yard Setbacks: Ten feet (10') for principal and accessory structures.
C. Rear Yard Setbacks: Ten feet (10') for structures. (Ord. 2001-05, 6-11-2001)
D. Private Yard Fences And Landscaping Features:
1. Authority To Allow; Indemnification: The building official shall be authorized to allow residential property owners to place private yard fences and landscaping features, as might otherwise be permissible under this title, within those portions of the rights of way fronting on their residential property, but no closer than five feet (5') from the back of the curb, and that all such property owners be advised and made aware that said rights of way are town property and that the town shall not be responsible for damage to any such improvements as a result of town actions and shall be held harmless by the property owner, as acknowledged by the property owner's signature.
2. Preexisting Fences And Other Features: Fences and other landscaping features that, prior to the adoption hereof, have been placed closer to the back of the curb than the designated five feet (5') shall be allowed to remain in place until such time as they must be removed to allow the town to conduct regular street maintenance or other prescribed duties, or are otherwise removed by the landowner for any purpose. Should such removal occur, any replacement fence or landscaping feature shall then be placed no closer than five feet (5') from the back of the curb and that all such removal and replacement shall be done at the landowner's sole expense. (Ord. 2005-04, 5-23-2005)
11-3G-8: MAXIMUM BUILDING HEIGHT:
The maximum building height shall be fifty feet (50'). (Ord. 2001-05, 6-11-2001)
11-3G-9: PARKING:
Off street parking areas will consist of designated parking spaces and/or centralized parking areas within the commercial building site. Designated parking spaces and/or centralized parking areas will consist of a paved surface. Off street parking requirements are summarized in the following table. Municipal subdivision and development standards of the town provide specific design criteria for the design and construction of designated parking spaces and centralized parking areas:
MINIMUM COMMERCIAL OFF STREET PARKING REQUIREMENT
Type Of Commercial Use | Standard
|
Type Of Commercial Use | Standard
|
Motel/hotel | 1 parking space per guest room. |
Inns or lodges | 1 guest room; 66 percent of total seating capacity of associated cafe and restaurant operations. |
Medical and veterinary clinics | 1 per 300 square feet of floor space. |
Commercial offices | 1 per 300 square feet of gross floor space. |
Cafes and restaurants (including fast food outlets with seating | Number of parking spaces will equal 50 percent of total seating capacity. |
Fast food outlets (with no seating) | 1 per number of employees for average work shift. |
Retail stores | 1 per 200 square feet of retail floor space. |
Self-storage facilities | 1 per every 2,000 square feet of storage space. |
Commercial services | 1 per 300 square feet of gross floor area. |
Service and repair establishments | 1 per 200 square feet of retail floor space. No storage or parking of vehicles that are not a currently licensed. |
Commercial recreational facilities | 1 parking space for 25 percent of the total number of customers that can be served at any given time. |
Note: Refer to chapter 5 of this title, vehicle parking standards, for further details.
(Ord. 2001-05, 6-11-2001; amd. Ord. 2004-03, 3-22-2004)
11-3G-10: FENCING:
A. Front Building Line And Front Property Line: Not more than four feet (4') high between the front building line and front property line.
B. Side Or Rear Property Line: No height restriction.
C. Easements: Fencing and walls are prohibited within access, drainage and utility easements.
D. Prohibited Fences: Barbed wire is permitted above other fencing for security. (Ord. 2001-05, 6-11-2001; amd. Ord. 2004-03, 3-22-2004)
11-3G-11: ACCESSORY USES:
Storage buildings will be permitted with a primary commercial structure on a commercial lot. (Ord. 2001-05, 6-11-2001)
11-3G-12: AUTHORIZED SIGNS:
The following signs are authorized:
A. Freestanding Signs: One or more freestanding signs, which may be unlighted or illuminated, but with no flashing lights, may be used. Scrolling lights are permitted. Such freestanding signs shall not exceed one hundred twenty (120) square feet, and not obstruct motorists' views of vehicular, pedestrian, or bicycle traffic at any highway, road or street intersection.
B. On Premises Sign: Any exterior sign display associated with a specific commercial use will pertain to uses on the zone lot or building where the sign is located.
C. Building Frontage: Two (2) square feet of illuminated or unlighted sign area is permitted for each lineal foot of commercial building frontage. The sign will be attached flat against the wall of the building and be parallel with this horizontal dimension.
D. Suspended Signs: The bottom edge of signs suspended from any commercial building shall not be less than ten feet (10') above the finished grade of the adjacent sidewalk, walkway, or other pedestrian access to the commercial building.
E. For Lease Or For Sale Signs: Any unlighted sign or signs not exceeding a total area of twelve (12) square feet which indicate the availability of commercial facility or commercial space for lease, or the sale of the property, where the signs are located. (Ord. 2004-03, 3-22-2004)
11-3G-13: INTERSECTION SIGHT TRIANGLE1:
A. Required At Intersections: A sight triangle shall be maintained at the intersection of two (2) streets, a street and an alley, or a street and a pavement line of a commercial or a common, multi-family driveway in which nothing shall hereafter be erected, placed or planted which would obstruct the view of motorists entering or leaving the intersection.
B. Single Obstruction: A single obstruction, less than twenty four inches (24") in width, shall not be considered a violation of the sight triangle, except a single tree of any diameter whose vegetation does not extend into the required unobstructed area shall also not be considered a violation.
C. Open Mesh Fences: Open mesh fences may be erected in sight triangles; provided, that they comply with all other requirements as established by town regulations and ordinances.
D. Unusual Conditions Requiring Additional Regulations: If, in the opinion of the town engineer, an unusual condition of topography, street grade and/or lot grade exists which requires additional regulation of a particular intersection to ensure a safe sight distance, the zoning administrator may establish a maximum safe height of obstructions in any sight triangle which is different than these standards and which is based on the town engineer's recommendation. (Ord. 2001-05, 6-11-2001)
11-3H-1: INTENT AND PURPOSE:
The C-E(1) enhanced commercial district is intended to provide for a central business district containing retail stores and business offices. The regulations are intended to provide for attractive buildings designed and sited for easy pedestrian and vehicular access. Landscaping is employed for enhanced aesthetics and screening while still providing adequate parking area. (Ord. 2004-03, 3-22-2004)
11-3H-2: PERMITTED USES:
Eating and drinking establishments including bars, cafes, and restaurants.
Commercial offices and office complexes.
Commercial recreational facilities such as bowling alleys and theaters.
Commercial retail establishments such as grocery stores, bakeries, hardware stores, clothing and dry goods stores, general merchandise stores, pet stores, and pharmacies.
Commercial services such as banks, barber shops and hair salons, dry cleaners, and medical or other health clinics.
Living quarters, apartments, and/or residences contained within the same building used to house permitted businesses.
Motels, hotels, inns, or lodges. (Ord. 2004-03, 3-22-2004)
11-3H-3: PROHIBITED USES:
"Adult bookstores", "adult novelty stores", "adult video stores", "adult motels", "adult cabarets", or "adult theaters" as defined in section 11-2-1 of this title.
Automobile, truck, machinery, or equipment dealerships.
Feed and grain stores.
Lumberyards.
Storage warehouses, yards, or similar facilities.
Veterinary clinics, kennels, catteries, or other businesses requiring the keeping or boarding of animals, except for retail pet stores. (Ord. 2004-03, 3-22-2004)
11-3H-4: ENHANCED COMMERCIAL BUILDING STANDARDS:
B. Building Materials: Building materials shall be selected to provide contrasting colors and textures while providing visual balance and avoiding an excessive variety of materials. All sides of the building shall include materials and design elements consistent with those on the front facade. (Ord. 2004-03, 3-22-2004)
11-3H-5: OTHER USES AUTHORIZED BY SPECIAL USE PERMIT OR VARIANCE:
Other uses authorized by special use permit or variance are any nonconforming uses which are approved by the planning and zoning commission. (Ord. 2004-03, 3-22-2004)
11-3H-6: LANDSCAPING REQUIREMENTS:
A. Minimum Required: At least five percent (5%) of each commercial site will be landscaped and maintained with grasses, shrubs, and/or trees to increase compatibility with adjoining land uses, increase the attractiveness of the site, and enhance the general aesthetics of the community. This requirement may be made within setback areas, designated easements, vehicular parking areas, or any portion of the site.
B. Trash Containers And Utility Boxes: Trash containers and utility boxes shall be screened from the street and general view by landscaping features. Designed enclosures are encouraged.
C. Time Limitation For Completion: Landscaping and irrigation shall be completed in the first available planting season, which shall be within nine (9) months of the date of occupancy.
D. Landscaping Plan: A landscaping plan shall be submitted to the building officer for approval prior to the issuance of a building permit. Any changes to the plan after it has been approved must likewise be submitted for approval. (Ord. 2004-03, 3-22-2004)
11-3H-7: MINIMUM LOT AREA:
None. (Ord. 2004-03, 3-22-2004)
11-3H-8: MINIMUM SETBACKS:
A. Front Yard Setbacks: Twenty five feet (25') for structures. Both street frontages of corner lots shall be considered front yards.
B. Side Yard Setbacks: Ten feet (10') for structures.
C. Rear Yard Setbacks: Ten feet (10') for structures. (Ord. 2004-03, 3-22-2004)
D. Private Yard Fences And Landscaping Features:
1. Authority To Allow; Indemnification: The building official shall be authorized to allow commercial property owners to place private yard fences and landscaping features, as might otherwise be permissible under this title, within those portions of the rights of way fronting on their commercial property, but no closer than five feet (5') from the back of the curb, and that all such property owners be advised and made aware that said rights of way are town property and that the town shall not be responsible for damage to any such improvements as a result of town actions and shall be held harmless by the property owner, as acknowledged by the property owner's signature.
2. Preexisting Fences And Other Features: Fences and other landscaping features that, prior to the adoption hereof, have been placed closer to the back of the curb than the designated five feet (5') shall be allowed to remain in place until such time as they must be removed to allow the town to conduct regular street maintenance or other prescribed duties, or are otherwise removed by the landowner for any purpose. Should such removal occur, any replacement fence or landscaping feature shall then be placed no closer than five feet (5') from the back of the curb and that all such removal and replacement shall be done at the landowner's sole expense. (Ord. 2005-04, 5-23-2005)
11-3H-9: MAXIMUM BUILDING HEIGHT:
Forty feet (40'). (Ord. 2004-03, 3-22-2004)
11-3H-10: PARKING:
Off street parking areas will consist of designated parking spaces and/or centralized parking areas located only in the side or rear yards of the zone lot. Designated parking spaces and/or centralized parking areas will consist of a paved surface. Off street parking requirements are summarized in the following table. Municipal subdivision and development standards of the town provide specific design criteria for the design and construction of designated parking spaces and centralized parking areas. Parking area requirements for mixed use properties will be the sum of the requirements for each use:
MINIMUM COMMERCIAL OFF STREET PARKING REQUIREMENTS
Type Of Commercial Use | Standard
|
Type Of Commercial Use | Standard
|
Motel/hotel | 1 parking space per guest room. |
Inns or lodges | 1 guest room; 50 percent of total seating capacity of associated cafe and restaurant operations. |
Medical clinics | 1 per 300 square feet of floor space. |
Commercial offices | 1 per 300 square feet of gross floor space. |
Cafes and restaurants (including fast food outlets with seating) | Number of parking spaces will equal 50 percent of total seating capacity. |
Fast food outlets (with no seating) | 1 per number of employees for average work shift. |
Retail stores | 1 per 200 square feet of retail floor space. |
Commercial services | 1 per 300 square feet of gross floor area. |
Commercial recreational facilities | 1 parking space for 25 percent of the total number of customers that can be served at any given time. |
Note: Refer to chapter 5 of this title, vehicle parking standards, for further details.
(Ord. 2004-03, 3-22-2004)
11-3H-11: FENCING:
A. Decorative fencing only with primary purpose being screening or landscaping, not enclosure.
B. No height restriction. (Ord. 2004-03, 3-22-2004)
11-3H-12: ACCESSORY USES:
None. (Ord. 2004-03, 3-22-2004)
11-3H-13: AUTHORIZED SIGNS:
A. Freestanding Signs: One or more freestanding signs, which may be unlighted or illuminated, but with no flashing lights, may be used. Scrolling lights are permitted. Such freestanding signs shall not exceed one hundred twenty (120) square feet and not obstruct motorists' views of vehicular, pedestrian, or bicycle traffic at any highway, road or street intersection.
B. On Premises Signs: Any exterior sign display associated with a specific commercial use will pertain to uses on the zone lot or building where the sign is located.
C. Building Frontage: Two (2) square feet of illuminated or unlighted sign area is permitted for each lineal foot of commercial building frontage. The sign will be attached flat against the wall of the building and be parallel with this horizontal dimension.
D. Suspended Signs: The bottom edge of signs suspended from any commercial building shall not be less than ten feet (10') above the finished grade of the adjacent sidewalk, walkway, or other pedestrian access to the commercial building.
E. For Lease Or For Sale Signs: Any unlighted sign or signs not exceeding a total area of twelve (12) square feet which indicate the availability of commercial facility or commercial space for lease, or the sale of the property, where the signs are located. (Ord. 2004-03, 3-22-2004)
11-3H-14: INTERSECTION SIGHT TRIANGLE1:
A. Required At Intersections: A sight triangle shall be maintained at the intersection of two (2) streets, a street and an alley, or a street and a pavement line of a commercial or a common, multi-family driveway in which nothing shall hereafter be erected, placed or planted which would obstruct the view of motorists entering or leaving the intersection.
B. Single Obstruction: A single obstruction, less than twenty four inches (24") in width, shall not be considered a violation of the sight triangle, except a single tree of any diameter whose vegetation does not extend into the required unobstructed area shall also not be considered a violation.
C. Open Mesh Fences: Open mesh fences may be erected in sight triangles; provided, that they comply with all other requirements as established by town regulations and ordinances.
D. Unusual Conditions Requiring Additional Regulation: If, in the opinion of the town engineer, an unusual condition of topography, street grade and/or lot grade exists which requires additional regulation of a particular intersection to ensure a safe sight distance, the zoning administrator may establish a maximum safe height of obstructions in any sight triangle which is different than these standards and which is based on the town engineer's recommendation. (Ord. 2004-03, 3-22-2004)
11-3I-1: INTENT AND PURPOSE:
This district is intended to encourage the development of manufacturing facilities which produce finished products and/or parts from previously prepared materials. The light industrial district is also to provide area within the community for the storage and distribution of finished products, the storage of heavy equipment, industrial service and repair operations, as well as laboratory and administrative facilities supporting light industrial operations. The light industrial district regulations are intended to provide adequate vehicular parking, setbacks, landscaping and/or other screening to ensure its compatibility with adjoining land uses, as well as accessibility to community utility systems and community open space areas. (Ord. 2001-05, 6-11-2001)
11-3I-2: PERMITTED USES:
Any use permitted under C general commercial district zoning that is not residential in nature and enhances the zoning district.
Cabinet, plumbing, welding, and steel fabrication shops.
Construction and maintenance equipment yards.
Industrial laboratories and research centers.
Industrial service and repair operations associated with the coal, oil and gas, and agricultural industries.
Kennel or cattery.
Light industrial parks.
Lumberyard.
Manufacturing of finished products or parts including processing, fabrication, assembly, treatment, packaging, incidental storage, as well as wholesale distribution of such products.
Regional warehouse and distribution facilities.
Self-storage facilities.
Solid waste collection or transfer facilities.
Storage yards for heavy industrial equipment and other industrial materials.
Structures that support community utilities.
Truck terminals. (Ord. 2001-05, 6-11-2001; amd. Ord. 2001-10, 9-24-2001; Ord. 2003-03, 6-10-2003; Ord. 2008-08, 4-27-2009)
11-3I-3: LIGHT INDUSTRIAL BUILDING STANDARDS:
All light industrial construction will conform to the commercial construction standards outlined in most recent building, plumbing, and mechanical construction codes that have been adopted by the town. (Ord. 2001-05, 6-11-2001)
11-3I-4: OTHER USES AUTHORIZED BY SPECIAL USE PERMIT OR VARIANCE:
Other uses authorized by special use permit or variance are any nonconforming uses which are approved by the planning and zoning commission. (Ord. 2001-05, 6-11-2001)
11-3I-5: LANDSCAPING REQUIREMENTS:
A. Minimum Required: At least five percent (5%) of each light industrial site will be landscaped and maintained to increase the compatibility with adjoining land uses, increase the attractiveness of the site, and enhance the general aesthetics of the community. This requirement may be done within any portion of the site. (Ord. 2001-10, 9-24-2001)
B. Time Limitation For Completion: Landscaping and irrigation shall be completed in the first available planting season, which shall be within nine (9) months of the date of occupancy.
C. Landscaping Plan: A landscaping plan shall be submitted to the building officer for approval prior to the issuance of a building permit. Any changes to the plan after it has been approved must likewise be submitted for approval. (Ord. 2004-03, 3-22-2004)
11-3I-6: MINIMUM LOT AREA:
None. (Ord. 2001-05, 6-11-2001)
11-3I-7: MINIMUM SETBACKS:
A. Front Yard Setbacks: Twenty five feet (25'). Both street frontages of corner lots shall be considered front yards.
B. Side Yard Setbacks: Ten feet (10').
C. Rear Yard Setbacks: Ten feet (10'). (Ord. 2001-05, 6-11-2001)
D. Private Yard Fences And Landscaping Features:
1. Authority To Allow; Indemnification: The building official shall be authorized to allow industrial property owners to place private yard fences and landscaping features, as might otherwise be permissible under this title, within those portions of the rights of way fronting on their industrial property, but no closer than five feet (5') from the back of the curb, and that all such property owners be advised and made aware that said rights of way are town property and that the town shall not be responsible for damage to any such improvements as a result of town actions and shall be held harmless by the property owner, as acknowledged by the property owner's signature.
2. Preexisting Fences And Other Features: Fences and other landscaping features that, prior to the adoption hereof, have been placed closer to the back of the curb than the designated five feet (5') shall be allowed to remain in place until such time as they must be removed to allow the town to conduct regular street maintenance or other prescribed duties, or are otherwise removed by the landowner for any purpose. Should such removal occur, any replacement fence or landscaping feature shall then be placed no closer than five feet (5') from the back of the curb and that all such removal and replacement shall be done at the landowner's sole expense. (Ord. 2005-04, 5-23-2005)
11-3I-8: MAXIMUM BUILDING HEIGHT:
Fifty feet (50'). (Ord. 2001-05, 6-11-2001)
11-3I-9: PARKING:
Off street parking areas will consist of designated parking spaces and/or centralized parking areas within the building site. Designated parking spaces and/or centralized parking areas will consist of a paved surface. Off street parking requirements are summarized in the following table. Municipal subdivision and development standards of the town provide specific design criteria for the design and construction of designated parking spaces and centralized parking areas:
MINIMUM LIGHT INDUSTRIAL OFF STREET PARKING REQUIREMENTS
Type Of Light Industrial Use
| Standard
|
Type Of Light Industrial Use
| Standard
|
Manufacturing | 1 parking space for each 2 persons employed, or intended to be employed, on the largest work shift. |
Warehouse and distribution facilities | 1 parking space for every 1,000 square feet of floor area. |
Laboratories and research centers | 1 parking space for every 1,000 square feet of floor area, or for each employee, whichever is greater. |
Kennel, cattery, laboratories and research centers | 1 parking space every 1,000 square feet of floor area, or for each employee, whichever is greater. |
Construction and maintenance equipment yards | 1 parking space for each 2 persons employed. |
Cabinet, plumbing, welding, and steel fabrication shops | 1 parking space every 200 square feet of retail floor space. |
Industrial service and repair operations | 1 parking space for each 2 persons employed. |
Truck terminals | 1 parking space for every semitruck and trailer anticipated during peak use of the truck terminal. 1 automobile parking space for each 2 persons employed. |
Lumberyard | 1 parking space for every 200 square feet of retail floor space. |
Structures that support community utilities | 1 parking space for every 200 square feet of retail floor space. |
Solid waste collection or transfer facilities | 1 parking space for each 2 persons employed. |
Light industrial parks | 1 parking space for each employee or every 1,000 square feet, whichever is more. |
Self-storage facilities | 10 feet wide around entire perimeter of the building. |
Outdoor vehicle storage | No paving required. |
Note: Refer to chapter 5 of this title, vehicle parking standards, for further details.
(Ord. 2001-05, 6-11-2001; amd. Ord. 2003-03, 6-10-2003; Ord. 2004-03, 3-22-2004; Ord. 2004-07, 6-14-2004)
11-3I-10: FENCING:
A. Front Building Line And Property Line: No height restriction between the front building line and front property line.
B. Side Or Rear Property Line: No height restriction if located along side or rear property lines.
C. Fences And Walls Prohibited: Fencing and walls are prohibited within access drainage and utility easements.
D. Barbed Wire: Barbed wire is permitted above other fencing for security. (Ord. 2004-03, 3-22-2004)
11-3I-11: ACCESSORY USES:
Office and storage buildings directly associated with the operation of a light industrial complex, facility, or operation is permitted. (Ord. 2001-05, 6-11-2001)
11-3I-12: AUTHORIZED SIGNS:
A. Freestanding Signs: One or more freestanding signs, which may be unlighted or illuminated, but with no flashing lights may be used. Scrolling lights are permitted. Such freestanding signs shall not exceed one hundred twenty (120) square feet, and not obstruct motorists' views of vehicular, pedestrian, or bicycle traffic at any highway, road or street intersection.
B. On Premises Signs: Any exterior sign display associated with a specific commercial use will pertain to uses on the zone lot or building where the sign is located.
C. Building Frontage: Two (2) square feet of illuminated or unlighted sign area is permitted for each lineal foot of commercial building frontage. The sign will be attached flat against the wall of the building and be parallel with this horizontal dimension.
D. Suspended Signs: The bottom edge of signs suspended from any commercial building shall not be less than ten feet (10') above the finished grade of the adjacent sidewalk, walkway, or other pedestrian access to the commercial building.
E. For Lease Or For Sale Signs: Any unlighted sign or signs not exceeding a total area of twelve (12) square feet which indicate the availability of commercial facility or commercial space for lease, or the sale of the property, where the signs are located. (Ord. 2004-03, 3-22-2004)
11-3I-13: INTERSECTION SIGHT TRIANGLE1:
A. Required At Intersections: A sight triangle shall be maintained at the intersection of two (2) streets, a street and an alley, or a street and a pavement line of a commercial or a common, multi-family driveway in which nothing shall hereafter be erected, placed or planted which would obstruct the view of motorists entering or leaving the intersection.
B. Single Obstruction: A single obstruction, less than twenty four inches (24") in width, shall not be considered a violation of the sight triangle, except a single tree of any diameter whose vegetation does not extend into the required, unobstructed area, shall also not be considered a violation.
C. Open Mesh Fences: Open mesh fences may be erected in sight triangles; provided, that they comply with all other requirements as established by town regulations and ordinances.
D. Unusual Conditions Requiring Additional Regulations: If, in the opinion of the town engineer, an unusual condition of topography, street grade and/or lot grade exists which requires additional regulation of a particular intersection to ensure a safe sight distance, the zoning administrator may establish a maximum safe height of obstructions in any sight triangle which is different than these standards and which is based on the town engineer's recommendation. (Ord. 2001-05, 6-11-2001)
11-3J-1: INTENT AND PURPOSE:
The HI heavy industrial district is intended to promote the development of manufacturing operations which are engaged in the basic processing and manufacture of materials or products primarily from raw or extracted materials. The heavy industrial district is also intended to provide area within the community for operations which store flammable, explosive, or hazardous materials, or use similar materials for manufacturing processes. The purpose of the heavy industrial district regulations is to provide adequate vehicular parking, setbacks, landscaping and/or other screening to ensure its compatibility with adjoining land uses, as well as accessibility to community utility systems. (Ord. 2001-05, 6-11-2001)
11-3J-2: PERMITTED USES:
Adult sexually oriented entertainment establishments such as adult arcades, adult bookstores, adult novelty stores, adult video stores, adult cabarets, adult motion picture theaters, escort agencies, or nude model studios.
Any use permitted under LI light industrial district zoning.
Concrete batch plants and quarries.
Manufacturing of materials and products primarily extracted from raw materials.
Storage facilities or manufacturing processes using flammable, explosive, or hazardous materials. (Ord. 2001-05, 6-11-2001)
11-3J-3: HEAVY INDUSTRIAL BUILDING STANDARDS:
11-3J-4: OTHER USES AUTHORIZED BY SPECIAL USE PERMIT OR VARIANCE:
Other uses authorized by special use permit or variance are any nonconforming uses which are approved by the planning and zoning commission. (Ord. 2001-05, 6-11-2001)
11-3J-5: LANDSCAPING REQUIREMENTS:
A. Minimum Required: At least five percent (5%) of each heavy industrial site will be landscaped and maintained to increase the compatibility with adjoining land uses, increase the attractiveness of the site, and enhance the general aesthetics of the community. This requirement may be done within any portion of the site. (Ord. 2001-10, 9-24-2001)
B. Trash Containers And Utility Boxes: Trash containers and utility boxes shall be screened from the street and general view by landscaping features. Designed enclosures are encouraged.
C. Time Limitation For Completion: Landscaping and irrigation shall be completed in the first available planting season, which shall be within nine (9) months of the date of occupancy.
D. Landscaping Plan: A landscaping plan shall be submitted to the building officer for approval prior to the issuance of a building permit. Any changes to the plan after it has been approved must likewise be submitted for approval. (Ord. 2004-03, 3-22-2004)
11-3J-6: MINIMUM LOT AREA:
None. (Ord. 2001-05, 6-11-2001)
11-3J-7: MINIMUM SETBACKS:
A. Front Yard Setbacks: Twenty five feet (25'). Both street frontages of corner lots shall be considered front yards.
B. Side Yard Setbacks: Ten feet (10').
C. Rear Yard Setbacks: Ten feet (10'). (Ord. 2001-05, 6-11-2001)
D. Private Yard Fences And Landscaping Features:
1. Authority To Allow; Indemnification: The building official shall be authorized to allow heavy industrial district property owners to place private yard fences and landscaping features, as might otherwise be permissible under this title, within those portions of the rights of way fronting on their heavy industrial property, but no closer than five feet (5') from the back of the curb, and that all such property owners be advised and made aware that said rights of way are town property and that the town shall not be responsible for damage to any such improvements as a result of town actions and shall be held harmless by the property owner, as acknowledged by the property owner's signature.
2. Preexisting Fences And Other Features: Fences and other landscaping features that, prior to the adoption hereof, have been placed closer to the back of the curb than the designated five feet (5') shall be allowed to remain in place until such time as they must be removed to allow the town to conduct regular street maintenance or other prescribed duties, or are otherwise removed by the landowner for any purpose. Should such removal occur, any replacement fence or landscaping feature shall then be placed no closer than five feet (5') from the back of the curb and that all such removal and replacement shall be done at the landowner's sole expense. (Ord. 2005-04, 5-23-2005)
11-3J-8: MAXIMUM BUILDING HEIGHT:
Sixty five feet (65'). (Ord. 2001-05, 6-11-2001)
11-3J-9: PARKING:
Off street parking areas will consist of designated parking spaces and/or centralized parking areas within the building site. Designated parking spaces and/or centralized parking areas will consist of a paved surface. Off street parking requirements are summarized in the following table. Municipal subdivision and development standards of the town provide specific design criteria for the design and construction of designated parking spaces and centralized parking areas:
MINIMUM HEAVY INDUSTRIAL OFF STREET PARKING REQUIREMENTS
Type Of Heavy Industrial Use
| Standard
|
Manufacturing of materials and products primarily extracted from raw materials | 1 parking space for every 2 persons employed, or intended to be employed, on the largest work shift. |
Storage or manufacturing processes using flammable or explosive materials | 1 parking space for every 2 persons employed, or intended to be employed, on the largest work shift. |
Concrete batch plants and quarries | 1 parking space for every 2 persons employed; 1 parking space for every concrete mixing truck regularly stored at batch plants. |
Adult entertainment facilities | 1 parking space for every 2 persons employed, as well as 1 parking space for every 200 square feet of retail floor space. |
Note: Refer to chapter 5 of this title, vehicle parking standards, for further details.
(Ord. 2001-05, 6-11-2001; amd. Ord. 2004-03, 3-22-2004)
11-3J-10: FENCING:
A. Property Line: No height restriction on front, rear or side property lines.
B. Access, Drainage And Utility Easements: Fencing and walls are prohibited within access, drainage, and utility easements.
C. Barbed Wire: Barbed wire is permitted above other fencing for security. (Ord. 2001-05, 6-11-2001; amd. Ord. 2004-03, 3-22-2004)
11-3J-11: ACCESSORY USES:
Office and storage buildings directly associated with the operation of an industrial complex, facility, or operation is permitted. (Ord. 2001-05, 6-11-2001)
11-3J-12: AUTHORIZED SIGNS:
A. Freestanding Signs: One or more freestanding signs, which may be unlighted or illuminated, but with no flashing lights, may be used. Scrolling lights are permitted. Such freestanding signs shall not exceed one hundred twenty (120) square feet, and not obstruct motorists' views of vehicular, pedestrian, or bicycle traffic at any highway, road or street intersection.
B. On Premises Signs: Any exterior sign display associated with a specific commercial use will pertain to uses on the zone lot or building where the sign is located.
C. Building Frontage: Two (2) square feet of illuminated or unlighted sign area is permitted for each lineal foot of commercial building frontage. The sign will be attached flat against the wall of the building and be parallel with this horizontal dimension.
D. Suspended Signs: The bottom edge of signs suspended from any commercial building shall not be less than ten feet (10') above the finished grade of the adjacent sidewalk, walkway, or other pedestrian access to the commercial building.
E. For Lease Or For Sale Signs: Any unlighted sign or signs not exceeding a total area of twelve (12) square feet which indicate the availability of commercial facility or commercial space for lease, or the sale of the property, where the signs are located. (Ord. 2004-03, 3-22-2004)
11-3J-13: INTERSECTION SIGHT TRIANGLE1:
A. Required At Intersections: A sight triangle shall be maintained at the intersection of two (2) streets, a street and an alley, or a street and a pavement line of a commercial or a common, multi-family driveway in which nothing shall hereafter be erected, placed or planted which would obstruct the view of motorists entering or leaving the intersection.
B. Single Obstruction: A single obstruction, less than twenty four inches (24") in width, shall not be considered a violation of the sight triangle, except a single tree of any diameter whose vegetation does not extend into the required unobstructed area shall also not be considered a violation.
C. Open Mesh Fences: Open mesh fences may be erected in sight triangles; provided, that they comply with all other requirements as established by town regulations and ordinances.
D. Unusual Conditions Requiring Additional Regulation: If, in the opinion of the town engineer, an unusual condition of topography, street grade and/or lot grade exists which requires additional regulation of a particular intersection to ensure a safe sight distance, the zoning administrator may establish a maximum safe height of obstructions in any sight triangle which is different than these standards and which is based on the town engineer's recommendation. (Ord. 2001-05, 6-11-2001)
11-3K-1: INTENT AND PURPOSE:
This district is intended to encourage the development of churches, museums, private membership clubs, and other uses. The community facility district regulations are established to ensure the compatibility of these facilities with adjoining land uses, as well as their accessibility to supporting community utility systems. (Ord. 2001-05, 6-11-2001)
11-3K-2: PERMITTED USES:
Churches and other places of worship.
Community visitor centers.
Fairgrounds, exposition centers, exhibition halls.
Museums.
Other private recreational or education facilities that are accessible to the general public.
Private membership club facilities.
Riding and roping clubs. (Ord. 2001-05, 6-11-2001; amd. Ord. 2004-03, 3-22-2004)
11-3K-3: COMMUNITY FACILITY BUILDING STANDARDS:
11-3K-4: OTHER USES AUTHORIZED BY SPECIAL USE PERMIT OR VARIANCE:
Other uses authorized by special use permit or variance are any nonconforming uses which are approved by the planning and zoning commission. (Ord. 2001-05, 6-11-2001)
11-3K-5: LANDSCAPING REQUIREMENTS:
At least five percent (5%) of each community facility site will be landscaped and maintained to increase the compatibility with adjoining land uses, increase the attractiveness of the site, and enhance the general aesthetics of the community. This requirement may be done within any portion of the site. (Ord. 2001-10, 9-24-2001)
11-3K-6: MINIMUM LOT AREA:
None. (Ord. 2001-05, 6-11-2001)
11-3K-7: MINIMUM SETBACKS:
A. Front Yard Setbacks: Twenty five feet (25'). Both street frontages of corner lots shall be considered front yards.
B. Side Yard Setbacks: Ten feet (10').
C. Rear Yard Setbacks: Ten feet (10'). (Ord. 2001-05, 6-11-2001)
D. Private Yard Fences And Landscaping Features:
1. Authority To Allow; Indemnification: The building official shall be authorized to allow community facilities property owners to place private yard fences and landscaping features, as might otherwise be permissible under this title, within those portions of the rights of way fronting on their community facilities property, but no closer than five feet (5') from the back of the curb, and that all such property owners be advised and made aware that said rights of way are town property and that the town shall not be responsible for damage to any such improvements as a result of town actions and shall be held harmless by the property owner, as acknowledged by the property owner's signature.
2. Preexisting Fences And Other Features: Fences and other landscaping features that, prior to the adoption hereof, have been placed closer to the back of the curb than the designated five feet (5') shall be allowed to remain in place until such time as they must be removed to allow the town to conduct regular street maintenance or other prescribed duties, or are otherwise removed by the landowner for any purpose. Should such removal occur, any replacement fence or landscaping feature shall then be placed no closer than five feet (5') from the back of the curb and that all such removal and replacement shall be done at the landowner's sole expense. (Ord. 2005-4, 5-23-2005)
11-3K-8: MAXIMUM BUILDING HEIGHT:
Fifty feet (50'). (Ord. 2001-05, 6-11-2001)
11-3K-9: PARKING:
Off street parking areas will consist of designated parking spaces and/or centralized parking areas within the building site. Designated parking spaces and/or centralized parking areas will consist of a paved surface. Off street parking requirements are summarized in the following table. Municipal subdivision and development standards of the town provide specific design criteria for the design and construction of designated parking spaces and centralized parking areas:
MINIMUM COMMUNITY FACILITY OFF STREET PARKING REQUIREMENTS
Type Of Commercial Use | Standard
|
Type Of Commercial Use | Standard
|
Churches and other places of worship | The number of parking spaces will equal 25 percent of the seating capacity of the primary sanctuary of each church. |
Community RV parking and storage facilities | To be determined at the time of establishment. |
Community visitor centers | 1 parking space for every employee, as well as 10 spaces for visitors. |
Fairgrounds, exposition center, exhibit halls | To be determined at the time of establishment. |
Museums | 1 parking space for each 2 persons employed. |
Other private or educational facilities accessible to the general public | 1 parking space for every 2 persons employed. The total parking spaces for facility users will equal 50 percent of the peak user capacity. |
Private membership club facilities | 1 parking space for every 1.5 persons as rated by the maximum capacity of the building by the fire code. |
Riding and roping clubs | The number of parking spaces will equal 10 percent of the total club membership. |
Note: Refer to chapter 5 of this title, vehicle parking standards, for further details.
(Ord. 2001-05, 6-11-2001; amd. Ord. 2003-03, 6-10-2003; Ord. 2004-03, 3-22-2004)
11-3K-10: FENCING:
A. Front Building Line And Property Line: Not more than four feet (4') high between the front building line and front property line.
B. Side Or Rear Property Lines: No height restriction.
C. Access, Drainage And Utility Easements: Fencing and walls are prohibited within access, drainage and utility easements.
D. Barbed Wire: Barbed wire is permitted above other fencing for security. (Ord. 2001-05, 6-11-2001; amd. Ord. 2004-03, 3-22-2004)
11-3K-11: ACCESSORY USES:
Fairgrounds and riding and roping clubs shall be allowed the penning and stabling of farm animals as allowed by written agreement and approval of the town council.
Office and storage buildings directly associated with the operation of a community facility or operation is permitted. (Ord. 2001-05, 6-11-2001)
11-3K-12: AUTHORIZED SIGNS:
A. Bulletin Or Activity Board: One unlighted or illuminated bulletin or activity board, which does not exceed eighteen (18) square feet of area.
B. Freestanding Signs: One or more freestanding signs, which may be unlighted or illuminated, but with no flashing lights, may be used. Scrolling lights are permitted. Such freestanding signs shall not exceed one hundred twenty (120) square feet, and not obstruct motorists' views of vehicular, pedestrian, or bicycle traffic at any highway, road or street intersection.
C. On Premises: Any exterior sign display associated with a specific commercial use will pertain to uses on the zone lot or building where the sign is located.
D. Commercial Building Frontage: Two (2) square feet of illuminated or unlighted sign area is permitted for each lineal foot of commercial building frontage. The sign will be attached flat against the wall of the building and be parallel with this horizontal dimension.
E. Suspended Signs: The bottom edge of signs suspended from any commercial building shall not be less than ten feet (10') above the finished grade of the adjacent sidewalk, walkway, or other pedestrian access to the commercial building.
F. For Lease Or For Sale Signs: Any unlighted sign or signs not exceeding a total area of twelve (12) square feet which indicate the availability of commercial facility or commercial space for lease, or the sale of the property, where the signs are located. (Ord. 2004-03, 3-22-2004)
11-3K-13: INTERSECTION SIGHT TRIANGLE1:
A. Required At Intersections: A sight triangle shall be maintained at the intersection of two (2) streets, a street and an alley, or a street and a pavement line of a commercial or a common, multi-family driveway in which nothing shall hereafter be erected, placed or planted which would obstruct the view of motorists entering or leaving the intersection.
B. Single Obstruction: A single obstruction, less than twenty four inches (24") in width, shall not be considered a violation of the sight triangle, except a single tree of any diameter whose vegetation does not extend into the required unobstructed area shall also not be considered a violation.
C. Open Mesh Fences: Open mesh fences may be erected in sight triangles; provided, that they comply with all other requirements as established by town regulations and ordinances.
D. Unusual Conditions Requiring Additional Regulation: If, in the opinion of the town engineer, an unusual condition of topography, street grade and/or lot grade exists which requires additional regulation of a particular intersection to ensure a safe sight distance, the zoning administrator may establish a maximum safe height of obstructions in any sight triangle which is different than these standards and which is based on the town engineer's recommendation. (Ord. 2001-05, 6-11-2001)
11-3L-1: INTENT AND PURPOSE:
The intent of the PF public facilities district is to provide area for the development of municipal, state, and federal facilities, quasi-public utilities, and other publicly owned facilities. (Ord. 2001-05, 6-11-2001)
11-3L-2: PERMITTED USES:
Government administrative facilities.
Operations centers, administrative offices, and facilities supporting quasi-public utilities.
Public conference centers.
Public cultural facilities.
Public libraries.
Public medical clinics.
Public multi-purpose facilities.
Public recreation centers and recreational facilities.
Public safety facilities for law enforcement, fire protection, and emergency medical services.
Public schools, educational facilities, and related administrative offices.
Public works centers and base yards.
Solid waste collection and transfer facilities.
Structures supporting regional and community utility systems. (Ord. 2001-05, 6-11-2001)
11-3L-3: PUBLIC FACILITY BUILDING STANDARDS:
11-3L-4: OTHER USES AUTHORIZED BY SPECIAL USE PERMIT OR VARIANCE:
Other uses authorized by special use permit or variance are any nonconforming uses which are approved by the planning and zoning commission. (Ord. 2001-05, 6-11-2001)
11-3L-5: LANDSCAPING REQUIREMENTS:
At least five percent (5%) of each public facility site will be landscaped and maintained to increase the compatibility with adjoining land uses, increase the attractiveness of the site, and enhance the general aesthetics of the community. This requirement may be done within any portion of the site. (Ord. 2001-10, 9-24-2001)
11-3L-6: MINIMUM LOT AREA:
None. (Ord. 2001-05, 6-11-2001)
11-3L-7: MINIMUM SETBACKS:
A. Front Yard Setbacks: Twenty five feet (25'). Both street frontages of corner lots shall be considered front yards.
B. Side Yard Setbacks: Ten feet (10').
C. Rear Yard Setbacks: Ten feet (10'). (Ord. 2001-05, 6-11-2001)
D. Private Yard Fences And Landscaping Features:
1. Authority To Allow; Indemnification: The building official shall be authorized to allow public facilities property owners to place private yard fences and landscaping features, as might otherwise be permissible under this title, within those portions of the rights of way fronting on their public facilities property, but no closer than five feet (5') from the back of the curb, and that all such property owners be advised and made aware that said rights of way are town property and that the town shall not be responsible for damage to any such improvements as a result of town actions and shall be held harmless by the property owner, as acknowledged by the property owner's signature.
2. Preexisting Fences And Other Features: Fences and other landscaping features that, prior to the adoption hereof, have been placed closer to the back of the curb than the designated five feet (5') shall be allowed to remain in place until such time as they must be removed to allow the town to conduct regular street maintenance or other prescribed duties, or are otherwise removed by the landowner for any purpose. Should such removal occur, any replacement fence or landscaping feature shall then be placed no closer than five feet (5') from the back of the curb and that all such removal and replacement shall be done at the landowner's sole expense. (Ord. 2005-4, 5-23-2005)
11-3L-8: MAXIMUM BUILDING HEIGHT:
Fifty feet (50'). (Ord. 2001-05, 6-11-2001)
11-3L-9: PARKING:
Off street parking areas will contain designated parking spaces and/or centralized parking areas within the building site. Designated parking spaces and/or centralized parking areas will consist of a paved surface. Off street parking requirements are summarized in the following table. Municipal subdivision and development standards of the town provide specific design criteria for the design and construction of designated parking spaces and centralized parking areas:
MINIMUM PUBLIC FACILITY OFF STREET PARKING REQUIREMENTS
Type Of Public Facility Use | Standard
|
Type Of Public Facility Use | Standard
|
Government administrative facilities | 1 parking space per 200 square feet of floor space. |
Public works centers and base yards | 1 parking space for each 2 persons employed. |
Public multi-purpose facilities | The number of parking spaces will equal 50 percent of the total seating capacity. |
Public safety facilities for law enforcement, fire protection, and emergency medical services | To be determined by planning and zoning commission staff or building inspector during project review. |
Public schools, educational facilities, and related administrative offices | The number of parking spaces will include 1 parking space for each employee, school bus parking to accommodate peak bus traffic, parking spaces for 50 percent of anticipated school enrollment, and visitor parking adequate to support events at the facility. |
Public recreation centers and recreational facilities | The number of parking spaces will equal 50 percent of the peak number of adult recreational users during any one period. |
Public medical clinics | 1 parking space for each employee, 1 reserved parking space for each anticipated paramedic van or ambulance serving the facility in one 8-hour period, 2 reserved parking spaces for law enforcement, 1 parking space for the maximum number of patients served by the facility at any given time. |
Public libraries | 1 parking space for each employee; 1 parking space for each anticipated facility user during an anticipated peak hour of facility use. |
Public cultural facilities | The number of parking spaces will equal 50 percent of the total seating capacity. |
Public conference facilities | The number of parking spaces will equal 50 percent of the total seating capacity. |
Operations centers, administrative offices, and facilities supporting quasi-public utilities | 1 parking space per 200 square feet of floor space for administrative areas and workshop areas. 2 parking spaces at each facility, e.g., water storage tank. |
Solid waste collection and transfer facilities | 1 parking space for each employee(s) working at solid waste site; 1 parking space/loading area for incoming trucks used for collection and transfer. |
Structures supporting regional and community utility systems | 1 parking space for maintenance personnel. |
Note: Refer to chapter 5 of this title, vehicle parking standards, for further details.
(Ord. 2001-05, 6-11-2001; amd. Ord. 2004-03, 3-22-2004)
11-3L-10: FENCING:
A. Front Building Line And Property Line: Not more than four feet (4') high between the front building line and front property line.
B. Side Or Rear Property Lines: No height restriction.
C. Easements: Fencing and walls are prohibited within access, drainage and utility easements.
D. Barbed Wire: Barbed wire is permitted above other fencing for security. (Ord. 2001-05, 6-11-2001; amd. Ord. 2004-03, 3-22-2004)
11-3L-11: ACCESSORY USES:
Office and storage buildings directly associated with the operation of a public facility complex or facility are permitted. (Ord. 2001-05, 6-11-2001)
11-3L-12: AUTHORIZED SIGNS:
A. Bulletin Or Activity Board: One unlighted or illuminated bulletin or activity board which does not exceed eighteen (18) square feet of area.
B. Freestanding Signs: One or more freestanding signs, which may be unlighted or illuminated but with no flashing lights, may be used. Scrolling lights are permitted. Such freestanding signs shall not exceed one hundred twenty (120) square feet, and not obstruct motorists' views of vehicular, pedestrian, or bicycle traffic at any highway, road or street intersection.
C. On Premises: Any exterior sign display associated with a specific commercial use will pertain to uses on the zone lot or building where the sign is located.
D. Attached To Commercial Building Frontage: Two (2) square feet of illuminated or unlighted sign area is permitted for each lineal foot of commercial building frontage. The sign will be attached flat against the wall of the building and be parallel with this horizontal dimension.
E. Suspended Signs: The bottom edge of signs suspended from any commercial building shall not be less than ten feet (10') above the finished grade of the adjacent sidewalk, walkway, or other pedestrian access to the commercial building.
F. For Lease Or For Sale Signs: Any unlighted sign or signs not exceeding a total area of twelve (12) square feet which indicate the availability of commercial facility or commercial space for lease or the sale of the property where the signs are located. (Ord. 2004-03, 3-22-2004)
11-3L-13: INTERSECTION SIGHT TRIANGLE1:
A. Required At Intersections: A sight triangle shall be maintained at the intersection of two (2) streets, a street and an alley, or a street and a pavement line of a commercial or a common multi-family driveway within which nothing shall hereafter be erected, placed or planted which would obstruct the view of motorists entering or leaving the intersection.
B. Single Obstruction: A single obstruction, less than twenty four inches (24") in width, shall not be considered a violation of the sight triangle, except a single tree of any diameter whose vegetation does not extend into the required unobstructed area shall also not be considered a violation.
C. Open Mesh Fences: Open mesh fences may be erected in sight triangles; provided, that they comply with all other requirements as established by town regulations and ordinances.
D. Unusual Conditions Requiring Additional Regulation: If, in the opinion of the town engineer, an unusual condition of topography, street grade and/or lot grade exists which requires additional regulation of a particular intersection to ensure a safe sight distance, the zoning administrator may establish a maximum safe height of obstructions in any sight triangle which is different than these standards and which is based on the town engineer's recommendation. (Ord. 2001-05, 6-11-2001)
11-3M-1: INTENT AND PURPOSE:
The RC recreation and conservation district is intended to encourage the conservation of sensitive environmental areas and enhance the aesthetics of the community via the provision of open space. The purpose of this district also includes providing outdoor recreational activities such as walking, biking, horseback riding, and picnicking. Overnight camping, as well as the use of motorized vehicles such as four-wheelers and snowmobiles are not envisioned for these areas. The recreation and conservation district regulations are established to ensure compatibility with adjoining land uses as well as accessibility to residential areas. (Ord. 2001-05, 6-11-2001)
11-3M-2: PERMITTED USES:
Fairgrounds, exposition centers, exhibition halls.
Golf courses.
Manmade water features.
Ornamental gardens, trees, shrubs, and other landscaping.
Outdoor public parks, pavilions, outdoor cooking facilities, and recreational equipment.
Pedestrian, bicycle, equestrian, and cross country ski trails.
Undeveloped lands. (Ord. 2001-05, 6-11-2001)
11-3M-3: RECREATION AND CONSERVATION BUILDING STANDARDS:
11-3M-4: OTHER USES AUTHORIZED BY SPECIAL USE PERMIT OR VARIANCE:
Other uses authorized by special use permit or variance are any nonconforming uses which are approved by the planning and zoning commission. (Ord. 2001-05, 6-11-2001)
11-3M-5: LANDSCAPING REQUIREMENTS:
None. (Ord. 2001-05, 6-11-2001)
11-3M-6: MINIMUM LOT AREA:
None. (Ord. 2001-05, 6-11-2001)
11-3M-7: MINIMUM SETBACKS:
The minimum setback for uses in the RC district is:
A. Twenty five feet (25') from adjoining land uses in other zoning districts. (Ord. 2001-05, 6-11-2001)
B. Private Yard Fences And Landscaping Features:
1. Authority To Allow; Indemnification: The building official shall be authorized to allow recreation and conservation district residential property owners to place private yard fences and landscaping features, as might otherwise be permissible under this title, within those portions of the rights of way fronting on their recreation and conservation district property, but no closer than five feet (5') from the back of the curb, and that all such property owners be advised and made aware that said rights of way are town property and that the town shall not be responsible for damage to any such improvements as a result of town actions and shall be held harmless by the property owner, as acknowledged by the property owner's signature.
2. Preexisting Fences And Other Features: Fences and other landscaping features that, prior to the adoption hereof, have been placed closer to the back of the curb than the designated five feet (5') shall be allowed to remain in place until such time as they must be removed to allow the town to conduct regular street maintenance or other prescribed duties, or are otherwise removed by the landowner for any purpose. Should such removal occur, any replacement fence or landscaping feature shall then be placed no closer than five feet (5') from the back of the curb and that all such removal and replacement shall be done at the landowner's sole expense. (Ord. 2005-4, 5-23-2005)
11-3M-8: MAXIMUM BUILDING HEIGHT:
Twenty five feet (25'). (Ord. 2001-05, 6-11-2001)
11-3M-9: ACCESSORY USES:
Storage buildings directly associated with the operation and maintenance of the recreation and conservation district are permitted. (Ord. 2001-05, 6-11-2001)
11-3M-10: AUTHORIZED SIGNS:
A. Freestanding Signs: One or more freestanding signs, which may be unlighted or illuminated but with no flashing lights, may be used. Scrolling lights are permitted. Such freestanding signs shall not exceed one hundred twenty (120) square feet and not obstruct motorists' views of vehicular, pedestrian, or bicycle traffic at any highway, road or street intersection. (Ord. 2004-03, 3-22-2004)
B. Directional Signs: Directional signs, not exceeding one-half (1/2) square foot in area. (Ord. 2001-05, 6-11-2001)
11-3M-11: INTERSECTION SIGHT TRIANGLE1:
A. Required At Intersections: A sight triangle shall be maintained at the intersection of two (2) streets, a street and an alley, or a street and a pavement line of a commercial or a common multi-family driveway in which nothing shall hereafter be erected, placed or planted which would obstruct the view of motorists entering or leaving the intersection.
B. Single Obstruction: A single obstruction, less than twenty four inches (24") in width, shall not be considered a violation of the sight triangle, except a single tree of any diameter whose vegetation does not extend into the required, unobstructed area, shall also not be considered a violation.
C. Open Mesh Fences: Open mesh fences may be erected in sight triangles provided that they comply with all other requirements as established by town regulations and ordinances.
D. Unusual Conditions Requiring Additional Regulation: If, in the opinion of the town engineer, an unusual condition of topography, street grade and/or lot grade exists which requires additional regulation of a particular intersection to ensure a safe sight distance, the zoning administrator may establish a maximum safe height of obstructions in any sight triangle which is different than these standards and which is based on the town engineer's recommendation. (Ord. 2001-05, 6-11-2001)