§ 17.06.600. Yard and building/structure setback regulations.

A.

Purpose. Minimum yard and building setback requirements are established to ensure safety, light, air, privacy, building separation, and open areas appropriate to each land use and zoning district, and to minimize impacts of land uses and structures upon adjacent sites.

B.

Measurement. Minimum required yards and building setbacks shall be measured pursuant to applicable regulations. The setback area measured from private road easements or rights-of-way that are twenty (20) feet or less in width shall be a minimum of twenty-five (25) feet measured from the centerline within the easement or right-of-way.

C.

For a building site exceeding twenty-five (25) percent average slope the front yard setback from a town-maintained street shall be the right-of-way line, plus two (2) feet, unless the town engineer requires a greater setback distance.

D.

Interpretation. When unusual geometric shape, dimensions, and topography make the literal interpretation of yard, minimum lot width, and setback provisions impractical, the planning director shall determine the application of such provisions in a manner which is consistent with the purpose of this title.

E.

Use of Required Yards. Required yards shall be open and unobstructed above grade, except for structures and projections specifically allowed in this chapter. The following structures or features may be located in or projected into a required yard:

1.

Window sills, belt courses, cornices, flues and chimneys, eaves, air conditioning units and similar architectural projections may extend not more than two (2) feet into a required yard.

2.

Uncovered porches, steps, landings, and similar features located not more than two (2) feet above grade may extend not more than three (3) feet into a required yard.

3.

Required yards may be occupied by landscaping, ground level recreational facilities, sidewalks or pathways, driveways, and similar outdoor activities and features appurtenant to the use of the site.

4.

A non-open or solid fence up to six (6) feet in height above grade may be installed along property lines which do not abut a road or street, or beyond setback lines as required by the zone when the property line abuts a road or street. A non-open or solid fence not exceeding four (4) feet in height above grade may extend into the front yard setback area; and wrought iron and/or chain link fences up to six (6) feet in height above grade may extend into the front yard setback area. No fence shall be installed within public rights-of-way. Exclusive of the front yard setback area, fences to a maximum height of eight (8) feet above grade subject to procurement of town building permit issuance may be installed around recycling processing facilities, a wastewater treatment/disposal utility facility, and/or legally established facilities that provide either scrap and salvage services or general vehicle/equipment storage or vehicle impoundment service.

5.

Except for the provisions of item No. 4 of this Subsection "E," a variance shall be required as set forth in Section 17.45.300 for fences exceeding six (6) feet in height above grade or for the installation of fences exceeding four (4) feet in height above grade in any front yard or general setback zone.

6.

No fence shall be installed within a private roadway easement unless all persons who have a legal right to use such private roadway easement have, in writing, consented to its installation.

F.

Front Yard and General Setback Zone. Except any land use permitted by the provisions of Title 5, Chapter 10.06, or Title 17 of this code, it is unlawful to display or place large merchandise and specifically motor vehicles, recreation vehicles, or appliances within a front yard or general setback zone.

(Ord. No. 543, §§ 2, 3, 7-8-2014; Ord. 375, § 1, 2002; Ord. 367, § 1, 2001; Ord. 313, § 3(part), 1998; Ord. 264, § 2(part), 1995; Ord. 214, § 2(part), 1992; Ord. No. 444, § 2, 1-24-2006)

Editor's note

Ord. No. 543, §§ 2 and 3, adopted July 8, 2014, amended § 17.06.600 by amending subsection E.4 and adding subsection E.6, but at the time of supplementation was not yet effective. Said ordinance shall take effect Aug. 7, 2014.