§ 58-52. R-80 single-family district.

The R-80 single-family district is established for areas of very low density residential development which is compatible with the land development plan's concept of retaining the rural character of the community. Densities need to be low due to the suitability of land, lack of public water and sewer, and the compatibility of surrounding development.

(1)

Permitted uses.

a.

Single-family dwellings.

b.

Mobile homes, classes A and B.

c.

Agricultural uses. Structures housing poultry or livestock and waste removed from any structure shall be located no closer than 150 feet from any property line except that structures housing horses shall be located no closer than 60 feet from any property line. Corrals for bovine and equine animals are exempt from these setbacks.

d.

Horse farm or academy. Structures housing horses shall be located no closer than 60 feet from any property line. Waste removed from any such structure shall be located no closer than 150 feet from any property line.

e.

Family care home for up to six clients, provided that such home is not located within a one-half mile radius from an existing family care home.

f.

Essential services, classes I and IV.

g.

Customary home occupations in accordance with section 58-7.

h.

Day care centers, small group.

(2)

Conditional uses. The following uses may be permitted by the town council in accordance with section 58-271. The council shall address review criteria for each use which is contained in section 58-271:

a.

Churches, synagogues and other places of worship.

b.

Public and private schools serving all grades, including preschool facilities.

c.

Golf courses, parks, playgrounds and community recreational centers.

d.

Country clubs.

e.

Emergency governmental service facilities, including police, fire and rescue.

f.

Cemeteries.

g.

Essential services, classes II and III.

h.

Private airstrips, provided that:

1.

The airstrips may be used only by the owners of the land on which the same is located; provided, however, if the airstrip is located on a bona fide farm, any airplanes engaged in crop dusting may use such airstrip in connection therewith;

2.

No flying lessons shall be conducted in airplanes flying from or to the airstrip;

3.

No commercial sales of airplanes, parts or fuel shall be conducted at the airstrip;

4.

The airstrip shall have been approved by the appropriate state and federal agencies.

i.

Telecommunication towers.

j.

Public libraries.

k.

Planned residential developments, subject to the requirements of section 58-23.

l.

Amateur radio towers. An amateur radio tower may also be located on a lot that contains another principal use or structure. In no instance, however, shall the amateur radio tower be located in the front yard of a lot containing another principal structure.

m.

Government or town facility.

n.

Land application of biosolids.

o.

Agritourism.

(3)

Yard regulations.

a.

Minimum lot area:

1.

Single-family dwellings: 80,000 square feet, except five acres on an easement lot not located within a conservation easement; provided, however, that an easement lot may be a minimum of 80,000 square feet when created within a conservation easement of at least 25 acres that is dedicated to a conservation organization.

2.

Cemeteries and essential services, class III: Five acres.

3.

Churches: Three acres.

4.

Public and private schools: Ten acres.

5.

Horse farm or academy: Five acres.

6.

Agricultural uses: A minimum of 80,000 (R-80), 60,000 (R-60), or 40,000 (R-40) square feet; provided, however, that a minimum of five acres shall be required for any agricultural use containing one or more livestock animals having a mature adult weight of 250 pounds or greater. Notwithstanding this requirement, lots whose agricultural use consists exclusively of one horse shall be required to have a minimum of 40,000 square feet of contiguous fenced land area designed to accommodate the horse. Such lots containing two horses shall be required to have a minimum of 80,000 square feet of contiguous fenced land area designed to accommodate the two horses.

7.

Essential services, classes I and IV: None.

8.

Libraries, government or town facility: Three acres.

9.

Planned residential developments: 50 acres.

10.

Lots containing amateur radio towers: 80,000 square feet.

11.

All other uses: 80,000 square feet.

b.

Minimum front yard setback, except as provided in article IV of this chapter:

1.

Essential services, class III: 300 feet.

2.

Telephone repeater stations, transmitting facilities and public utility substations: 200 feet.

3.

Single-family dwellings: 65 feet.

4.

Essential services, class IV: Ten feet.

5.

Lots containing amateur radio towers: 1.5 times the height of the tower.

6.

All other uses: 75 feet.

c.

Minimum lot width:

1.

Essential services, classes I and IV: None.

2.

All other uses: 150 feet as measured at the front yard setback.

d.

Minimum side yard setback:

1.

Single-family dwellings and mobile homes: 25 feet, provided that if a buffer is provided at the side of the lot pursuant to subsection 46-76(d), the side yard setback shall be measured from the edge of the buffer area.

2.

Churches, schools, governmental facilities, telephone repeater stations, libraries, government or town facility: 50 feet.

3.

Essential services, class III: 100 feet.

4.

Telephone repeater stations, transmitting facilities and public utility substations: 75 feet.

5.

Essential services, class IV: Ten feet.

6.

Lots containing amateur radio towers: 1.5 times the height of the tower.

7.

Essential Services, class I: None

8.

All other uses: 25 feet.

In addition, side yards shall be increased by 20 feet on the street side of all corner lots.

e.

Minimum rear yard setback:

1.

Single-family dwellings and mobile homes: 60 feet, provided that if a buffer is provided at the rear of the lot pursuant to subsection 46-76(d), the rear yard setback shall be measured from the nearest edge of the buffer area.

2.

Essential services, class III: 100 feet.

3.

Telephone repeater stations, transmitting facilities and public utility substations: 75 feet.

4.

Essential services, class IV: Ten feet.

5.

Lots containing amateur radio towers: 1.5 times the height of the tower.

6.

All other uses: 60 feet.

f.

Maximum building height, except as permitted in section 58-15:

1.

Lots containing amateur radio towers: 100 feet.

2.

All other uses: 35 feet.

3.

Essential services, class IV: Ten feet.

(Ord. No. 87-04-08, § 5.1, 4-8-1987; Ord. No. O-2004-26, 11-18-2004; Ord. No. O-2009-07, 7-13-2009; Ord. No. O-2010-07, 4-12-2010; Ord. No. O-2011-06, 4-11-2011; Ord. No. O-2013-11, 8-12-2013; Ord. No. O-2014-04, 3-10-2014; Ord. No. O-2014-20, 12-8-2014; Ord. No. O-2019-01, 2-11-2019)