9-7-1 R-1 SINGLE-FAMILY RESIDENTIAL

A. Purpose: The R-1 district is intended to provide sites for low density single-family residential uses, together with such public facilities as may appropriately be located in the same district. The R-1 district regulations are intended to ensure adequate light, air, open space for each dwelling, commensurate with single-family occupancy, and, along with the Town Design Standards, to maintain the desirable residential qualities of such sites by establishing appropriate site development standards. Certain nonresidential uses may be permitted as conditional uses, and where approved, are intended to blend harmoniously with the residential character of the district. B. Permitted Uses: Only the following uses are permitted in the R-1 zone: Boarding of horses for non-commercial use, subject to a horse boarding permit. Commercial rentals of single-family residences, subject to a business license. Home occupations identified in subsection 9-10-5 of this title. Single-unit dwellings. Other uses customarily incidental and accessory to single-family residential uses, and necessary for the operation thereof (garages or carports, play equipment, or other approved single-family use). C. Conditional Uses: The following uses are conditional and require a conditional use permit: Bed and breakfast rentals. Churches. Home occupations identified in subsection 9-10-5C of this title. ADU: One accessory dwelling unit (ADU) on an R-1 lot will be allowed per lot. Accessory Dwelling Units (ADUs) are defined as a secondary living space on a property that shares a lot and ownership with the primary residential structure. ADUs can be a basement apartment, a garage conversion, or an addition to the house (internal ADU). They can also be stand-alone structures on the lot (detached ADU). The following requirements/restrictions apply to this type of dwelling: amd. ord. 26-001, 2-10-26 1. The purpose of allowing this type of use on an R-1 lot is to create more affordable housing. ADUs will not be permitted as Short-Term Rentals (STR). 2. The ADU is a secondary use to the primary residential structure on the lot and therefore one master water meter and one sewer hookup per lot shall be installed for utilities on the lot. 3. Detached ADUs will meet all the requirements of Accessory Structures in §9-12-7(I) for items 1,2,3,4,5,6 and 9. The ADU size is limited to 50% of the total square footage of the primary structure. A detached ADU may be built first and the primary structure built second provided the primary structure has twice the total square footage of the detached ADU. A detached ADU must be a minimum of 400 square feet. amd. ord. 26001, 2-10-26. 4. Off-street parking requirements will remain per the parking ordinance for the main residence. If the new construction for the ADU diminishes the number of parking spaces for the main residence, then new parking will be installed to bring the main residence in compliance with the LMC. For new ADU’s off-street parking requirements of 1 per bedroom in the ADU, not to exceed 2 new spaces will be added to the lot (whether the ADU is detached or internal). 5. All detached accessory dwelling units must follow the Design Standards and Guidelines as outlined in §9-12-7 and should substantially match the primary residential structure in design features. 6. ADUs are subject to the building codes (IRC), and Design Standards in place at the time of the application. 7. Occupancy shall comply with the same definition for a single-family unit as it pertains to the number of unrelated occupants allowed to dwell in the unit (see definition for “Family”). (ord. 25-003, 5-13-25) Public or private schools. Public parks. Public utility uses. D. Physical Restrictions: 1. One (1) acre or forty-three thousand five hundred sixty (43,560) square feet. Lots as small as fourteen thousand five hundred twenty (14,520) square feet or one-third (1/3) acre may be allowed more where the provisions of §9-9-7 are met. For all existing legally sub-divided Lots that do not meet these requirements, they are considered legal nonconforming lots, and they can be built on. amd. ord. 26-001, 2-10-26, ord. 23-007, 8-8-2023 2. Minimum frontage width: Forty-five feet (45'). amd. ord. 22-002, 5-10-22 3. Minimum setbacks: a. Front: Twenty-five feet (25'). An administrative exception may be granted for the garage only when all of the following apply: i. Front yard setback exceeds twenty percent (20%) slope (11.3 degrees). ii. No habitable space within the setback area. iii. Required off street parking is satisfied and maintained in the garage or on the lot. iv. The roof sheds snow away from the public right of way. v. Adequate snow storage on the lot. Under no circumstances will the setback be less than five feet (5’). (ord. 17-004, 711-2017) b. Side: Twenty feet (20'). c. Rear: Twenty feet (20'). d. Minimum distance between buildings: Ten feet (10’). (ord. 23-008, 8-8-2023) 4. Setback exception: The following shall be allowed to encroach within the required setback, subject to compliance with the provisions of this section: a. Driveway and walkways. b. Roof eaves provided they encroach no more than five feet (5') into the required setback. c. Pop out windows, provided the bottom of the pop out structure is no less than four (4’) feet above grade, measured at the pop out structure, the total width of the pop out structure does not exceed twelve feet (12') measured at the point where the pop out structure attaches to the residential structure, the pop out structure is under and completely covered by a roof overhang or eaves, and the completely covered by a roof overhang or eaves, and the pop out structure encroaches no more than three and one-half feet (3 ½’) into the required setback; and, (2010 Code, amd. ord.15-004, 428-2015 d. Decks and exterior staircases attached to the residential structure may be permitted on a case-by-case basis after written approval of the Zoning Administrator, following review. The deck or exterior staircase may encroach no more than four feet (4') into the required setback. Uncovered decks or walkways less than 30” above grade may stand within the innermost one-third (1/3) of the setback. amd. ord. 15-004, 04-282015, amd. Ord. 24-011, 8-27-24. 5. Maximum Building Height: Twenty-five feet (25’). (2010 Code, amd. ord. 22-002, 5-10-22) 6. Maximum building coverage: a. One thousand square feet (1,000 sq. ft) footprint including garages, patios, and decks for a primary habitable structure. No more than 40% for all structures combined. (amd. ord. 15-004, 04-28-2015, amd. ord. 22-002, 5-10-22) b. Minimum building coverage: 400 square feet for a primary habitable structure footprint (not including unenclosed decks and porches) and 160 square feet for a secondary habitable structure. (ord. 20-006, 7-14-20) c. A property owner wishing to build larger than what is allowed in this code may refer to the Building Bonus section in 9-7-10. (ord. 22-002, 5-10-2022) 7. Minimum landscaping: Twenty-five percent (25%) of the lot shall be landscaped per section 9-12-5 of this title, with every effort to preserve vegetation. (2010 Code, amd. ord. 15-004-2015). 8. Parking: In accordance with section 9-12-15 of this title. 9. Undisturbed lot area: Fifteen (15%) of the lot shall not be disturbed during development. (2010 Code, amd. ord. 15-004, 04-28-2015) 10. Remaining undeveloped lot: The remaining area shall be landscaped as per section 9-12-5 of this title. (2010 Code, amd. ord. 15-004, 04-28-2015) 11. One piece of heavy equipment along with two heavy equipment attachments may be kept on premises for non-commercial use, such as private snow removal or light excavation. The equipment shall be parked in a place and manner so as to be reasonably screened from view from the public right of way. Additional equipment used for construction may be parked at the site when authorized by a current building permit or otherwise authorized by the Town. (ord. 16-007, 11-08-2016) 12. Storage Containers: Storage or cargo containers are not allowed to be used as dwelling units in R-1 zones. (ord. 22-002, 5-10-22) 45 ’