§ 58-54. R-40 single-family district.
The R-40 single-family district is established to provide for residential development at low densities consistent with suitability of the land and the rural character of the town.
(1)
Permitted uses. Permitted uses within the R-40 district shall be as follows:
a.
All permitted uses in the R-60 zoning district.
b.
Open space. Any major subdivision shall be required to provide that a minimum of ten percent of the gross area of the subdivision, exclusive of any required minimum buffers along thoroughfares, consists of common open space. Minor subdivisions are exempt from open space.
(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: 40,000 square feet, except five acres on an easement lot not located within a conservation easement. However, 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.
Churches: Three acres.
3.
Public and private schools: Ten acres.
4.
Cemeteries and essential services, class III: Five acres.
5.
Horse farms or academies: 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: Three acres.
9.
Planned residential developments: 25 acres.
10.
Lots containing amateur radio towers: 40,000 square feet.
11.
All other uses: 40,000 square feet.
12.
Government or town facilities: Three acres.
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 and transmitting facilities, public utility substations: 200 feet.
3.
Single-family dwellings and mobile homes: 50 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: 120 feet as measured at the front yard setback.
d.
Minimum side yard setback:
1.
Single-family dwellings and mobile homes: 15 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 to the nearest edge of the buffer area.
2.
Churches, schools, governmental or town facilities, libraries: 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 with amateur radio towers: 1.5 times the height of the tower.
7.
Essential sevices, class I: None.
8.
All other uses: 15 feet.
In addition, side yards shall be increased by ten feet on the street sides of all corner lots.
e.
Minimum rear yard setback:
1.
Single-family dwellings and mobile homes: 40 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: 40 feet.
f.
Maximum building height (except as permitted in section 58-15):
1.
Essential services, class IV: Ten feet.
2.
Lots containing amateur radio towers: 100 feet.
3.
All other uses: 35 feet.
g.
Permitted uses of open space. No use or development shall be allowed on open space lands except as follows:
1.
Conservation of open land in its natural state (for example, forestlands, fields or meadows).
2.
Agricultural uses (see definition), including raising crops or livestock, nurseries and associated buildings, excluding residences, provided that such buildings are specifically needed to support an active, viable agricultural or horticultural operation, and are architecturally compatible with the neighborhood setting. Specifically excluded, but not limited to, are commercial livestock operations involving swine, poultry and mink.
3.
Pastureland.
4.
Horse farms or academies.
5.
Forestry, in keeping with established best management practices for selective harvesting and sustained-yield forestry.
6.
Neighborhood uses such as village greens, commons, picnic areas, community gardens, trails and similar low-impact, passive recreational uses.
7.
Noncommercial recreation areas, such as playing fields, playgrounds, courts and bikeways, provided such areas do not consume more than half of the minimum required open space land or five acres, whichever is less. Parking facilities for the same shall also be permitted, and they shall generally be gravel-surfaced, unlighted, properly drained, provide safe ingress and egress, and contain no more than ten parking spaces. Notwithstanding the above, golf courses, their parking areas, and associated structures, shall not be allowed on any required open space lands.
8.
Water supply and sewage disposal systems and stormwater detention areas designed, landscaped and available for use as an integral part of the conservation area.
9.
Easements for drainage, access, sewer or water lines or other public purposes.
10.
Underground utility rights-of-way. Above ground utility and street rights-of-way may traverse open space lands but street rights-of-way shall not count toward the minimum required open space land. Fifty percent of the utility rights-of-way may be counted toward the minimum required open space land.
h.
Permanent protection of open space. The required open space shall be subject to a conservation easement that will be held by the homeowners association. Any homeowners association that is a holder of a conservation easement as provided in subsection 58-58(4)h, shall be subject to and comply with all applicable requirements for homeowners associations as set forth in state statutes. In addition, the following criteria shall be met:
1.
The applicant for subdivision approval shall provide the town a description of the organization of the proposed association, including its bylaws, and all documents governing ownership, maintenance and use restrictions for common facilities;
2.
The proposed homeowners association shall be established by the subdivision applicant and shall be operating (with financial underwriting by the applicant, if necessary) before the sale of any dwelling units in the development;
3.
Membership in the homeowners association shall be mandatory for all purchasers of lots within the subdivision and their successors in title;
4.
The homeowners association bylaws shall confer legal authority on the association to place a lien on the real property of any member who falls delinquent in his dues. Such dues shall be paid with the accrued interest before the lien may be lifted;
5.
The homeowners association shall annually provide to the town a listing of the names, addresses and telephone numbers of all its officers and board members;
6.
Any proposed changes to the conservation easement that substantively affect the usage, location or maintenance of conservation land within the conservation subdivision must first be consented to and approved by 100 percent of the town council and 100 percent of all homeowners.
i.
Maintenance plans and maintenance agreement:
1.
The cost and responsibility of maintaining required open space shall be borne by the fee simple owner of the required conservation lands, or by another party as specified in an executed, binding and enforceable maintenance agreement, who is a holder of the conservation easement.
2.
The applicant must submit, with an application for preliminary plat approval, a maintenance agreement that obligates either the property owner of the open space, or other specified party as provided above, to implement the maintenance plan.
3.
The maintenance plan shall be submitted with an application for preliminary plat approval of the subdivision, and shall be in accordance with the following requirements:
i.
The maintenance plan shall specify ownership of required open space.
ii.
The maintenance plan shall establish a regular operation and maintenance program appropriate to the uses to be undertaken on the subject open space, pursuant to subsection 58-58(4)g.2.
iii.
The maintenance plan shall specify required insurance and all maintenance and operating costs, and shall define the means for funding the maintenance plan on an ongoing basis. Such funding plan shall include the means for funding long-term capital improvements as well as regular yearly operating and maintenance costs.
iv.
The property owner or other specified party as provided above, shall be required to escrow or bond sufficient funds for the maintenance and operation costs of the open space for two years. The amount of such escrow or bond shall be equal to 1.25 of the biannual estimated maintenance and operational costs, and shall be in a form as provided in subsection 46-45(b).
v.
Any changes to the maintenance plan shall be approved by the town council.
vi.
In the event that open space and associated common facilities are not maintained in accordance with the approved maintenance plan, the town may recover the escrow or bond funds to be used for such maintenance and any development permits and approvals may be revoked or suspended.
vii.
The property owner of the open space and, if utilized, any other maintaining party by agreement, shall execute a release and indemnity of the town, in a form satisfactory to the town, for any claims or damages arising from the maintenance agreement and maintenance plan or performance thereof.
(Ord. No. 87-04-08, § 5.3, 4-8-1987; Ord. No. O-2004-26, 11-18-2004; Ord. No. O-2007-02, 2-12-2007; 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-2014-05, 4-14-2014; Ord. No. O-2014-20, 12-8-2014; Ord. No. O-2017-04, 2-13-2017; Ord. No. O-2017-07, 3-13-2017; Ord. No. O-2019-01, 2-11-2019)