§ 66-163. Area, yard and height requirements.

The following table sets forth the area, yard and height requirements for the zoning districts:

MINIMUM AREA IN SQUARE FEET
For minimum yard regulations see notes 1—7.
	R-20	R-15	RMH	C-1	C-2	C-3	O&I	M-F	PUD	R-6
Minimum lot size*	20,000	15,000	15,000	6,000	15,000	43,560	10,000	10,000		6,000/ 15,000 (note 4)
Lot width at front setback line	100/ 66 cul-de-sac	70/ 46 cul-de-sac	90	75	75	100	75	100		60/ 40 cul-de-sac
Front yard setback	30	30	30	25	25	50	25	30	25	25
Side yard width	7.5	7.5	7.5	7.5	7.5	7.5	7.5	7.5	5	7.5 (note 6)
Rear yard depth	15	15	15	10	20	20	20	30	7.5	10
Maximum height of structure	40	40	40	40	40	40	40	40	40	40
*Or larger as required by the county sanitarian.
Final determination is based on decisions by the county sanitarian for approved sewer systems.

 

Note 1. Variance for prior lots of record. Notwithstanding the other setback provisions of this chapter, a building or structure may be constructed and occupied by one family as a single-family residence on any lot recorded prior to the adoption of the ordinance from which this chapter is derived and meeting all of the requirements of the county sanitarian and maintaining a minimum side yard of 15 feet, a front yard of 30 feet and a rear yard of 30 feet.

Note 2. Corner lots, fences and walls, and open storage.

(1)

Corner lots. On a corner lot in a residential district area or commercial district area, a side yard setback consisting of a minimum distance of 20 feet shall be maintained between any building and the side street except in R-6 Residential District Medium Density with Performance, M-F Multifamily District and PUD Planned Unit Development District where 20 feet shall be reduced to 12 feet. Such requirement shall not be applied so as to reduce the building width of a residentially zoned corner lot of record at the time of passage of the ordinance from which this chapter is derived to less than 40 feet, nor to prohibit the erection of any accessory building where this requirement cannot reasonably be complied with as determined by the board of adjustment.

(2)

Fences and walls.

a.

In residential zones, fences and walls not over four feet high may project into or may enclose any front yard; however, no fence may be constructed on or in a public street right-of-way or within a sight triangle. Fences or walls up to eight feet high may enclose side and rear yards. Side yard enclosure may extend from the rear corner of a house to the front corner of the house. Rear yard enclosure may extend from the rear corner of a house to the rear property line. The finished side of all fences and walls shall face the common property line boundary.

b.

No person shall erect, maintain or allow on any lot of the town any fence or wall carrying electrical current except that which encloses livestock with 110-20-volt A.C. low impedance fencer. Fences or walls shall not be constructed in whole or in part of concertina wire, barbed wire, metal spikes, broken glass or any other material intended to inflict bodily injury.

(3)

Open storage. In the C-1 and C-2 districts, there shall be no open storage as an accessory use. In the C-3 district, open storage as an accessory use shall be permitted, provided it is enclosed on all sides by a fence of not less than six feet in height. All display items essential to a retail establishment that are permitted in C-1 and C-2 districts are allowed in open storage. Junk, as defined in section 66-4, is not allowed in open storage.

Note 3 . Height restrictions/modifications. In addition to the height limitations listed in the table of area, yard, and height requirements, any building in a C-1, C-2, C-3, and M-F district with five or more housing units per building, and any approved commercial area in a PUD district may be increased in height provided that additional side and rear yards are increased according to the requirements below. The maximum height of any building shall be 55 feet. From ten to 20 feet above the maximum allowable height in a C-1, C-2, C-3, M-F, and any approved commercial area in a PUD as noted above an additional ten feet of yard area (rear and sides) must be provided for each ten feet or portion thereof of additional height.

Note 4. Minimum lot size for the R-6 district. Minimum lot size shall be 6,000 square feet where a lot is served by municipal water and sewer and 15,000 square feet where a lot is not served by both municipal water and sewer.

Note 5. Additional requirements for churches in the R-6 district. Standards for churches in the R-6 district shall be as follows:

(1)

Minimum lot size: one acre;

(2)

Minimum lot width and front setback line: 200 feet.

Churches in the R-6 district that are permitted non-conforming uses due to the lot size may be expanded, provided there is a lot width at the front setback line of at least 120 feet and all required off-street parking is provided.

Note 6. Additional side yard requirements in the R-6 district. Corner lots having a width of 60 feet or less at the front setback line shall have an interior side yard width of 7.5 feet and a street side yard width of 12 feet.

Note 7. Performance development standards for the R-6 district. Performance development standards for the R-6 district can be found in section 66-315.

Note 8. Additional lot size and setback requirements for the M-F district. Single-family homes in the M-F multifamily district may be constructed on 5,000 square foot lots having a lot width of not less than 50 feet (40 feet on cul-de-sac). All other permitted uses in the M-F district require a minimum lot size of 10,000 square feet. The following setbacks shall apply to a single-family home constructed on a 5,000 square foot lot in a M-F district:

(1)

Front setback: 20 feet;

(2)

Side setback: five feet;

(3)

Rear setback: ten feet.

Note 9. Major public utilities; water.

(1)

All major utilities-water as defined in section 66-4 are exempt from height restrictions and setbacks set forth in this section.

(2)

In no case shall a major public utility-water be located closer than 50 feet from any lot line, public right of way or easement.

(Code 2003, § 30-182; Ord. No. 02-21, § 1(19.71), 6-20-2002; Ord. No. 03-05, § 2, 1-30-2003; Ord. No. 04-17, § 1, 5-20-2004; Ord. No. 04-30, § 1, 10-21-2004; Ord. No. 05-07, § 1, 2-17-2005; Ord. No. 05-32, § 1(exh. A), 10-20-2005; Ord. No. 09-09, § 5, 3-19-2009; Ord. No. 10-14, § 1, 11-18-2010; Ord. No. 14-16, § 1, 8-21-2014; Ord. No. 15-06, § 1, 5-21-2015; Ord. No. 15-14, § 1, 9-17-2015; Ord. No. O19-006 , § 1(Exh. A), 2-21-2019)