CONTENTS

ARTICLE I
PURPOSE, TITLE AND AUTHORITY

ARTICLE II
RULES APPLYING TO THE TEXT

ARTICLE III
GENERAL REGULATIONS

ARTICLE IV
ESTABLISHMENT OF DISTRICTS

ARTICLE X
SPECIAL LAND USES

ARTICLE XI
SITE PLAN REVIEW

ARTICLE XV
AMENDMENT PROCEDURES

ARTICLE XVII
VALIDITY

ARTICLE XVIII
REPEALER

ARTICLE XIX
EFFECTIVE DATE

ARTICLE V DISTRICT REGULATIONS

5.1 R-1 ONE FAMILY RESIDENTIAL DISTRICT

A. Intent. It is the intent of this District to provide quiet, safe neighborhoods for detached, single-family dwelling units and their ancillary uses. Dwelling units should be designed to be compatible with the historic architectural character of the neighboring single-family dwelling units in terms of building height, materials of construction, roofline slope, porches and windows, and pedestrian and vehicular access locations.

Permitted Principal Uses . Land and buildings within the R-1 District shall be used only for the following purposes, provided the Zoning Administrator finds that the proposed use satisfies all of the District Development Regulations of this Ordinance.

• One (1) standard single family dwelling unit on each lot unless processed as a condominium subdivision.

• Essential services including small neighborhood-scale parks and playground facilities, but excluding telecommunication towers.

• Uses customarily incidental and accessory to a permitted principal use including satellite dishes that are one meter or less in diameter and attached to a building, large satellite dishes located in rear yards, amateur radio antennas and television antennas but excluding telecommunication towers.

• Uses Permitted with Special Conditions. Land and buildings permitted with special conditions shall be used for the following purposes, provided the Zoning Administrator finds that the following conditions are satisfied and further provided the proposed use satisfies all of the District Development Regulations of this Ordinance.

• One (1) accessory dwelling unit per lot. Accessory dwelling unit includes detached guesthouses, accessory apartments within the principal dwelling unit, and accessory apartments over detached garages.

• The owner of the lot shall occupy either the principal or accessory dwelling unit.

• The floor area shall not exceed 50% of the floor area of the principal dwelling unit.

• The accessory dwelling unit shall not be less in floor area than 600 square feet.

• The accessory dwelling unit shall have the same architectural style as the principal dwelling unit in terms of building height, materials of construction, and roofline slope.

• An accessory dwelling unit within or attached to the principal dwelling shall have an interior entry. An exterior entry to an accessory apartment over a detached garaged shall not be visible from a street.

• One off-street parking space is required for the accessory dwelling unit in addition to the parking required for the principal dwelling. Except as may be available from a publicly maintained alley, no garage or driveway shall be constructed to service only the accessory dwelling.

• Vehicular access to an accessory dwelling shall be the same access used by the principal dwelling, with the exception of the condition listed in 5.1.C.1.f.

• Home-based businesses such as business and professional offices, telecommuting businesses, subject to the following conditions:

a. The home-based business shall be clearly secondary and incidental to the use of the premises as a residence. The amount of space used for the home-based business shall not exceed 25% of the area of the principal building.

b. All activities shall be conducted within the interior of the principal dwelling unit or in an existing accessory building.

c. Home-based businesses shall be owned and operated solely by persons residing in the residence except that one (1) person not in residence on the premises may be employed on the premises.

• No alterations to the exterior of the dwelling, accessory building or yard shall be permitted which alters the residential character of the premises.

• Parking shall be allowed only within improved driveway areas and on the street except that on-street parking shall not be permitted at any time between the hours of 2:00 a.m. and 7:00 am. The business shall generate a demand for no more than four (4) on-street parking spaces at any one time.

• Signage on the premises identifying the business shall consist of nameplate signs and shall be a maximum of two (2) square feet in area.

• No sale or rental of goods stored on the premises shall be permitted, except as may be incidental to the furnishing of a service.

• No equipment shall be used in the home-based business that will create electrical interference for surrounding properties.

• The use shall not generate noise, vibration, odor, glare, or airborne particulates, other than those customarily associated with a residence, beyond the property line of the home-based business.

• Instruction in crafts and fine arts are recognized as permitted home-based business if they meet the above conditions.

• The home-based business shall not impact municipal utilities and maintenance demands.

3. Family day care home subject to the following conditions:

• The care facilities are for seven (7) children or less.

• The use shall be licensed and operated in accordance with State Law and State Licensing requirements.

• The use shall be contained wholly within the principal building, except for outside play areas.

• Outside play areas and associated play equipment shall be located in a rear or side yard where they will produce the least noise and visual disruptions for neighboring properties. The outside play area shall be enclosed within a fenced area.

• The care provider shall be an owner and occupant of the property upon and within which the use is operated.

• Adult foster care facilities subject to the following conditions.

• The care facilities are for six (6) or less persons.

• The use shall be licensed and operated in accordance with State Law and State Licensing requirements.

• The facility is no closer than 1,500 feet to another existing adult foster care facility.

5. Religious institutions subject to the following conditions:

• The building shall be designed and used primarily for worship.

b. A landscape buffer yard twenty (20) feet in width shall be provided on any side of a lot that abuts a residential use.

6. Renting of rooms within single-dwellings shall be permitted subject to the

following conditions:

• The exterior of the structure shall not be altered from its single-family character and appearance.

• There shall be no separate or additional kitchen facility or facilities for roomers.

• The number of rental rooms shall not exceed three (3).

7. Not more than two (2) detached accessory buildings subject to the following conditions:

• Only one garage per parcel is permitted. If the garage is a separate, detached building, then only one (1) other detached accessory building shall be permitted.

• The maximum size for an accessory building shall be 140 square feet (excluding garages and residential units).

c. The total sum of square footage for both accessory buildings, where two are permitted, shall not exceed 240 square feet (excluding garages and residential units).

8. Bed and Breakfast- In the R-1, R-2, MF, and the TC districts subject to the following:

a. The minimum lot size shall be 10,000 square feet.

b. Off street parking shall be provided in accordance with Article VIII of this Ordinance and at a location on the lot in keeping the essential character of a residential driveway on a lot within a residential district.

c. One non-illuminated sign identifying the establishment not to exceed three (3) square feet in area and not closer to the front lot line than fifteen (15) feet shall be allowed.

d. The residence shall be the principal dwelling unit on the property and shall be owner occupied at all times.

e. Not more than three (3) sleeping rooms with a maximum of six (6) people in residence may be used for rental purposes.

f. The rooms utilized for sleeping shall be part of the primary residential use and not specifically constructed for rental purposes.

g. The residence shall have at least two (2) exits to the outdoors.

h. Rental of snowmobiles, ATV’s or similar vehicles, boats and other marine equipment, in conjunction with the operation of the establishment shall be prohibited.

D. Uses Permitted by Special Use Permit. Land and buildings permitted by Special Land Use Permit shall be used only for the following purposes, and shall comply with the District Development Regulations of this Section and the General Standards and Specific Requirements of Article X of this Ordinance.

1. Group Day Care

2. Commercial Day Care/Nursery School

3. Resorts, Rental Cabins

4. Educational Institutions

E. District Development Regulations. The following regulations shall apply to all uses within the R-1 One-Family Residential District.

1. Minimum Lot Area and Width. The lot area shall be a minimum of 5,000 square feet and have a minimum width of 40 feet measured at the front setback line.

2. Height. Except as otherwise specifically provided in this Ordinance, no structure shall exceed 35 feet in height.

3. Setback Requirements. Except as otherwise specifically provided in this Ordinance, no structure shall be erected within the required setback areas as listed below:

a. The minimum front yard setback shall be twelve (12) feet.

b. The minimum interior side yard setback shall be a five (5) feet.

c. The minimum rear yard setback shall be twenty (20) feet.

d. The minimum street side yard setback shall be twelve (12) feet.

4. Open Space. At a minimum, 50% of the lot shall remain as open space, and at a minimum, 30% of this area shall be landscaped. The landscaping shall meet the requirements listed in Article III, Section 3.19.

5. Minimum Principal Dwelling Size. There shall be a minimum of 800 square feet of floor area for the principal single-family dwelling unit.

6. Parking. Off-street parking shall be provided as required by Article VIII of this Ordinance. Parking shall be designed so that not more than one (1) two-car garage door is visible from any street and not more than one (1) driveway has access to any street. Where access is available from a publicly maintained alley, no garage doors shall be visible from a street and all vehicular access shall be to and from the alley.