9-7-3 R-3 MULTI-FAMILY RESIDENTIAL

A. Purpose: The R-3 district is intended to provide sites for multiple-family dwellings at densities restricted by constraints of this title relating to height, setback, landscaping, lot disturbance, parking, etc., together with such commercial and public facilities as may appropriately be located in the same district. The R-3 district regulations are intended to ensure adequate light, air, open space, and other amenities commensurate with multiple -family occupancy, and, with the Town Design Standards, to maintain the desirable residential qualities of the district 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-3 zone: Bed and breakfast establishments. Home occupations identified in subsection 9-10-5 of this title. Multi-family dwellings (2 or more dwelling units per structure, including townhomes). Nightly rentals of dwelling units, subject to a business license. Property management. Public open spaces (parks and trails for hiking, non-motorized biking, and Nordic skiing etc.). Single-unit dwellings. Other uses customarily incidental and accessory to permitted uses and necessary for the operation and maintenance thereof, such as garages, carports, play equipment and accessory structure. C. Conditional Uses: The following uses are conditional and require a conditional use permit: Churches. Convention facilities. Food and beverage services (restaurant, cafe, etc.). Home occupations identified in subsection 9-10-5C of this title. Limited retail, food and beverage service and personal services in conjunction with lodging facilities (barber/beauty, travel, childcare, etc.) for the use of building residents (area of accessory uses may not exceed 40 square feet per residential unit). Public institutions. Public parking lots. Real estate sales offices operated in conjunction with condominium rental offices when the office space is constructed as part of the project or when approved by the homeowners' association and in conformance with the projects CC&Rs. Recreational trails and use of open space for motorized vehicles. Schools. Spa. D. Physical Restrictions: 1. Minimum lot area: Twenty-one thousand seven hundred eighty (21,780) square feet (1/2 acre). 2. Minimum frontage: Forty-five feet (45'). 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 vi. Development does not exceed R-2 density. (Ord. 20-006, 7-14-20) Under no circumstances will the setback be less than five feet (5’). b. Side: Twenty feet (20’. c. Rear: Twenty feet (20'). d. For buildings over thirty-five feet (35') in height i. Side: Thirty feet (30'); ii. Rear: Thirty feet (30'); iii. Front: Twenty-five feet (25'). e. Minimum distance between buildings: i. Under twenty feet (20’) in height: Ten feet (10’) ii. Over twenty feet (20’) and under thirty feet (30’) in height: Fifteen feet (15’) iii. Over thirty feet (30’) in height: Twenty feet (20’) (ordinance 23-008, 8-8-2023) 4. Setback exceptions: The following may be permitted to encroach within the required setback, subject to compliance with the provisions of this section, on a case-by-case basis after written approval of the Town Manager, or designee, following review: a. Driveways and walkways running parallel to a property line shall not occupy more than seventy-five percent (75%) of the required setback area while retaining at least twenty-five percent (25%) of the required area as a landscape buffer. 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 feet (4’) 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 pop out structure encroaches no more than three and one-half feet (31/2') into the required setback; and ( amd ord. 15-004, 04-28-2015) d. Decks and exterior staircases attached to the residential structure on a case-bycase 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. 26-001, 2-10-26, amd ord. 15-004, 04-28-2015) 5. Maximum density: Eight (8) units per acre (or a fraction thereof) for multi-family dwellings, including constraints of this title relating to height, setback, landscaping, lot disturbance, parking, etc. Density may be increased up to twenty-five (25) units per acre may be allowed where the provisions of §9-9-7 are met. (amd. ord. 26-001, 2-10-26, amd. ord. 23-007, 88-2023) 6. Maximum height: Sixty feet (60’) for peaked roof, forty feet (40’) for flat roof; (2010 Code. amd ord. 15-004, 04-28-2015) 7. Maximum building coverage: Forty percent (40%) of the lot area. Fifty percent (50%) is permitted if all of the required parking is within the footprint of the building. (2010 Code. amd ord. 15-004, 04-28-2015) 8. Minimum landscaping: Forty percent (40%) or all disturbed portions of the property, whichever is greater, shall be landscaped per section 9-12-5 of this title, with every effort to preserve existing vegetation. If the building footprint is at 50% and required covered parking is within the footprint of the building, then the landscaping minimum will be 30%. Vegetated undisturbed areas may be counted towards landscaping requirements. (2010 Code. amd ord. 15-004, 04-28-2015, amd. ord. 24-011, 10-8-24, amd. ord. 24-015, 10-8-24) ) 9. Parking: In accordance with section 9-12-15 of this title 10. Undisturbed lot area: Twenty percent (20%) of the parcel shall not be disturbed during development. All area within minimum setbacks of the development shall remain undisturbed except for space directly adjacent to buildings which is required to be cleared by wildland urban interface code, utility location, and space used for driveways and walkways. All reasonable efforts shall be made to avoid removing mature trees. (ord. 24015, 10-8-24) 11. Remaining undeveloped area shall be landscaped as per section 9-12-5 of this title. (2010 Code. amd Ord. 15-004, 04-28-2015) 12. One piece of heavy equipment along with two heavy equipment attachments may be kept on premises for uses such as 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. 17-001, 4-11-2017) 60’ max (2010 Code, amd. ord. 15-004, 04-28-2015)