§ 29.40

In residential zones (defined by section 29.40.010), accessory structures (excluding horse barns and shelters), located on the same site with a permitted use, including private garages and carports, studios for private use, garden structures, greenhouses, hobby shops, recreation rooms and free-standing patio covers are allowed if such accessory structures:

A.

(1)

Are not over fifteen (15) feet high and are no more than one (1) story. Lofts which do not have sufficient headroom for occupancy are permitted for storage use only.

(2)

Are not in a required front or side yard.

(3)

Are at least five (5) feet from any other structure located on the same lot.

(4)

Are at least five (5) feet from any property line, except in the R-M zone where no setback is required by this subsection (4).

(5)

Do not occupy more than fifteen (15) percent of the lot, to be calculated exclusive of the required building setbacks. Any accessory structures exceeding a combined square footage of four hundred fifty (450) square feet shall be subject to the Administrative Procedure for Minor Residential Projects.

(6)

When located on a reversed corner lot, do not project beyond the front yard line required on the lot in the rear of such lot.

(7)

Breezeways may be used to provide shelter between buildings.

Accessory structures may have plumbing installed providing the fixtures may be served by a two-inch diameter building drain. Building drains in excess of two (2) inches may be approved by the Planning Director upon good cause shown.

B.

Exceptions.

(1)

In the R-1 zones, required side and rear yards for accessory structures other than detached accessory dwelling units, may be reduced to no less than three (3) feet from a property line, if an application is approved through the Administrative Procedure for Minor Residential Projects. A reduction in setbacks will not be allowed in the side yard abutting a street.

Criteria to be considered when reviewing accessory structures within reduced setbacks shall include the number and size of structures already within a reduced setback area, visibility, compatibility with other structures in the neighborhood, historic preservation considerations, privacy and compatibility of historic nature of neighborhoods.

(2)

One (1) accessory structure less than one hundred twenty (120) square feet, is allowed in the required side or rear setbacks without any zoning approvals. Any accessory structure in excess of one will be subject to the requirements set forth in this section.

(3)

In the R-1 zones, required side yard setbacks may be reduced to five (5) feet for detached garages less than four hundred fifty (450) square feet without obtaining approval through the Administrative Procedure for Minor Residential Projects (section 29.20.480).

(4)

Section 29.40.015 does not apply to a detached accessory dwelling unit. A detached accessory dwelling unit shall be subject to the provisions of Division 7 of Article 1 of this chapter.

(Ord. No. 1316, § 4.10.010, 6-7-76; Ord. No. 1363, 8-1-77; Ord. No. 1716, 4-20-87; Ord. No. 1726, 6-1-87; Ord. No. 1798, § III, 9-5-89; Ord. No. 1902, § I, 5-18-92; Ord. No. 2049, § I, 10-5-98; Ord. No. 2062, § I, 6- 21-99; Ord. No. 2149, § I, 5-1-06; Ord. No. 2270, § I, 2-6-18)

Sec. 29.40.020. - Recycling collection facilities.

Small recycling collection facilities may be permitted in residential zones subject to the approval of the Planning Director and the following conditions:

(1)

Prohibited from being located on the same lot as a residence;

(2)

Must be located a minimum of fifty (50) feet from a residence;

(3)

Prohibited from being located in an area so as to decrease the required number of on-site parking spaces;

(4)

Prohibited from being located on a vacant lot;

(5)

A trash receptacle must be located within five (5) feet of any facility.

(Ord. No. 1316, § 4.10.012, 6-7-76; Ord. No. 1737, § IV, 11-2-87)

Sec. 29.40.025. - Court game areas.

Tennis, volleyball, basketball, badminton and similar court game areas may be located anywhere on the lot except in the required front yard or side yard abutting the street. Fences over six (6) feet high are allowed to enclose court game areas, when approved through the Administrative Procedure for Minor Residential Projects. Lighting for court game areas is prohibited unless approved through the Administrative Procedure for Minor Residential Projects and unless it is in compliance with the following standards to the satisfaction of the Planning Director:

(1)

Game court lighting shall incorporate cut-off fixtures and lighting shall be shielded and directed onto the court.

(2)

Lighting for game court areas shall not be used after 10:00 p.m.

(3)

High-intensity lights are not permitted.

(4)

Lighting in the hillside areas is prohibited. Hillside areas are defined by the hillside area map in the Hillside Development Standards and Guidelines.

(Ord. No. 1316, § 4.10.015, 6-7-76; Ord. No. 1335, 10-4-76; Ord. No. 1950, § I, 7-19-93; Ord. No. 2100, § I, 7-1-02; Ord. No. 2312, § I, 10-20-20)

Sec. 29.40.030. - Fences, walls, gates, gateways, entry arbors, and hedges.

(Ord. No. 2286, § I, 8-6-19)

Editor's note— Ord. No. 2286, § I, adopted Aug. 6, 2019, repealed § 29.40.030 and enacted new provisions as §§ 29.40.030—29.40.0330, to read as herein set out. Former § 29.40.030 pertained to similar subject matter and derived from Ord. No. 1316, § 4.10.020, adopted June 7, 1976; Ord. No. 1493, adopted

March 17, 1981; Ord. No. 1873, § I, adopted Oct. 7, 1991; Ord. No. 2049, § I, adopted Oct. 5, 1998; Ord. No. 2062, § I, adopted June 21, 1999; and Ord. No. 2278, § II, adopted Dec. 18, 2018.

Sec. 29.40.0305. - Intent.

The intent of these fence regulations, as defined in section 29.40.0310, is to preserve the natural beauty of the Town of Los Gatos, the natural movement of wildlife, and to protect traffic view areas while acknowledging that residents have the right to fence their properties to protect children, contain their animals, protect garden or agricultural areas, and maintain privacy. Specifically, within the hillside area, the intent of these fence regulations is to allow for the movement of wildlife. Unless specified otherwise, these fence regulations are applicable Town-wide. These fence regulations incorporate portions of the Hillside Development Standards and Guidelines related to fencing.

(Ord. No. 2286, § I, 8-6-19)

Sec. 29.40.0310. - Definitions.

The following words, terms, and phrases, when used in these fence regulations, shall have the meanings ascribed to them in this section:

Buck and rail fence means a fence constructed with wood rails where the posts are arranged to form a triangle to provide the vertical structure of the fence. The horizontal rails are then attached to the triangle support posts.

Corner sight triangle means a triangular area at street intersections having sides thirty (30) feet in length, as measured from intersecting property lines.

Double fence means two (2) fences spaced a few feet apart regardless of height and material.

Driveway view area means a triangular area at the intersection of driveways and sidewalks and street intersections having sides ten (10) feet in length, as measured along the driveway's path of travel from the back of the sidewalk or street.

Fence means a structure constructed of posts, rails, wire, and/or barrier panels, used to define a boundary or as a means of protection, confinement, or visual obstruction.

Fence regulations means sections 29.40.030 through 29.40.0330.

Hillside area means all properties located within the area defined by the Hillside Area Map as contained in the Town of Los Gatos Hillside Development Standards and Guidelines.

Open view fence means a fence constructed in such a way so that no more than twenty (20) percent of the surface area of the fence obstructs a view through the fence from a position perpendicular to the fence.

Perimeter fence means a fence located on the property line of a lot.

Riparian corridor means an area comprised of habitat strongly influenced and delineated by the presence of perennial or intermittent streams.

Solid fence means a fence constructed in such a way so that more than twenty (20) percent of the surface area of the fence obstructs a view through the fence from a position perpendicular to the fence.

Traffic view area means the area which is within fifteen (15) feet of a street and within two hundred (200) feet of the right-of-way line of an intersection.

Wildlife-friendly fence means a fence that allows any animal, regardless of size, to climb under, pass through, or jump over, with a maximum height of forty-two (42) inches and a minimum distance between the bottom rail and the ground of eighteen (18) inches.

(Ord. No. 2286, § I, 8-6-19)

Sec. 29.40.0315. - Height, materials and design, and location.

(a)

Height.

(1)

Fences, walls, gates, or hedges may not exceed six (6) feet in height, with one (1) foot of lattice on top (seven (7) feet high in total); except as provided in subsections (2), (3), and (4) below.

(2)

In the hillside area:

a.

Fences, walls, gates, or hedges may not exceed six (6) feet.

b.

On properties one (1) acre or greater, perimeter fencing shall be a wildlife-friendly fence as defined in section 29.40.0310.

(3)

Fences, walls, gates, and hedges may not exceed three (3) feet in height when located within a required front or side yard abutting a street (as required by the zone), driveway view area, traffic view area, or corner sight triangle unless an exception is granted by the Town Engineer and Community Development Director. Trees, hedges, and vegetation within a corner sight triangle shall meet the requirements of section 26.10.065.

(4)

Pedestrian gateways or entryway arbors may be up to eight (8) feet high. No more than one (1) gateway or entryway arbor per street frontage is allowed.

(b)

Materials and design.

(1)

The following fence types and materials are prohibited:

a.

Any fence with bare lengths of wire stretched between posts.

b.

Electric fences, including any fence designed to produce an electric shock.

c.

Barbed or razor wire fences, including any fence with attached barbs, sharp points, or razors.

d.

Transparent fences such as barriers of glass or clear plastic.

(2)

In the hillside area:

a.

Fences located within twenty (20) feet of a property line adjacent to a street shall be open view fencing as defined in section 29.40.0310.

b.

On properties one (1) acre or greater, perimeter fencing shall be a wildlife-friendly fence as defined in section 29.40.0310.

c.

Chainlink, welded wire, wire mesh, or similar material shall be coated with green, brown, or black vinyl or finish and shall be supported by a wood frame.

d.

Buck and rail, double, and solid fences are prohibited.

(3)

In the Landmark and Historic Preservation Overlay:

a.

Plastic fencing is prohibited.

b.

Fences located in a required front yard shall be open view.

(4)

Pedestrian gateways or entryway arbors shall be open view. A gateway or entryway arbor shall have a maximum width of six (6) feet and a maximum depth of four (4) feet.

(c)

Location.

(1)

No fence, wall, or gate shall be located within emergency egress easements.

(2)

No fence, wall, or gate shall be located within twenty (20) feet of a riparian corridor as defined in section 29.40.0310.

(3)

Vehicular gates shall be set back from the edge of the adjacent street a minimum of eighteen (18) feet as measured along the centerline of the driveway. A greater setback may be required when a gated entrance serves more than one (1) house.

(Ord. No. 2286, § I, 8-6-19)

Sec. 29.40.0320. - Exceptions.

An exception to any of these fence regulations may be granted by the Community Development Director. A fence exception application and fee shall be filed with the Community Development Department and shall provide written justification that demonstrates one (1) of the following conditions exist:

(a)

Adjacent to commercial property, perimeter fences or walls may be eight (8) feet if requested or agreed upon by a majority of the adjacent residential property owners.

(b)

On interior lots, side yard and rear yard fences, walls, gates, gateways, entry arbors, or hedges, behind the front yard setback, may be a maximum of eight (8) feet high provided the property owner can provide written justification that either:

(1)

A special privacy concern exists that cannot be practically addressed by additional landscaping or tree screening; or

(2)

A special wildlife/animal problem affects the property that cannot be practically addressed through alternatives. Documented instances of wildlife grazing on gardens or ornamental landscaping may be an example of such a problem.

(c)

At public utility facilities, critical infrastructure, and emergency access locations, exceptions may be granted where strict enforcement of these regulations will result in a security or safety concern.

(d)

A special security concern exists that cannot be practically addressed through alternatives.

(e)

A special circumstance exists, including lot size or configuration, where strict enforcement of these regulations would result in undue hardship.

(Ord. No. 2286, § I, 8-6-19)

Sec. 29.40.0325. - Exemptions.

All fences, hedges, gates, and walls existing on the effective date of this ordinance [from which this section derives] that do not meet the regulations contained herein are nonconforming and are exempt from these regulations. Existing nonconforming fences may be maintained and/or replaced in kind, including historic stone or river rock walls.

(Ord. No. 2286, § I, 8-6-19)

Sec. 29.40.0330. - Penalties.

A property owner who has unlawfully constructed any fence, wall, gate, gateway, entry arbor, or hedge is subject to applicable enforcement and penalties as described in sections 29.20.930 through 29.20.965 of the Town Code.

(Ord. No. 2286, § I, 8-6-19)

Sec. 29.40.035. - Use of front or side yard for storage.

(a)

In residential zones trailers, boats, trailer coaches, unmounted campers, inoperative vehicles, vehicle parts, house cars more than twenty-three (23) feet long overall, any other vehicle not included in this list but which is more than twenty-three (23) feet long overall, and construction equipment shall neither be stored within the front yard required by rules of the zone, nor within any unenclosed area which is fifty (50) feet from the curb, gutter or improved edge of any abutting street.

(b)

This section does not by implication authorize the use of lots not occupied for residential purposes for storage, nor authorize the use of front yard of lots occupied for residential purposes for any purpose which is not normally incidental to the use of the premises for residential purposes. As used in this section the following definitions apply:

(1)

Unenclosed area, as used in this subsection (1), includes space within carports and areas bounded by shrubbery or other natural growth. The phrase unenclosed area does not include space surrounded by fences, other structures or hedges which effectively shield the storage space from view for a height of six (6) feet above grade.

(2)

The word stored means:

a.

Placing, parking, keeping or maintaining unmounted campers, inoperative vehicles, vehicle parts or construction equipment continuously for more than forty-eight (48) hours.

b.

Placing, parking, keeping or maintaining trailers, boats, trailer coaches, house cars or other vehicles either for more than thirty-six (36) hours or intermittently for periods exceeding seventy-two (72) hours in any thirty-day period.

(3)

Construction equipment means any vehicle or other type of machine or tool, other than hand tools, intended for use elsewhere than on the lot on which it is situated, and designed for purposes of commercial hauling, earth moving, use in agricultural operations or building or other types of construction.

(4)

Camper, trailer, trailer coach and house car have the meanings given them in sections 243, 630, 635 and 362 of the California Vehicle Code, respectively.

(5)

Inoperative motor vehicle means any motor vehicle which because of mechanical malfunction or any other reason has not been physically or legally capable of self-propulsion on a highway for a period of more than seven (7) consecutive days.

(6)

Vehicle parts includes but is not limited to engine parts such as engine blocks, transmission, generators, any body parts such as doors, fenders, bumpers and hoods.

(Ord. No. 1316, § 4.10.030, 6-7-76; Ord. No. 1417, 2-20-79)

Sec. 29.40.038. - Vehicle repair in residential zones.

(a)

It shall be unlawful and a public nuisance for any person to engage in, or any property owner to allow to occur, vehicle repair on any lot in a residential zone in violation of this section.

(b)

No repair on any vehicle visible from a street or within a front or side yard shall be performed on a lot for more than seventy-two (72) hours from the beginning to completion of the repair. If repairs visible from a street or within a front or side yard are being performed on a lot on two (2) vehicles by or for occupants of a dwelling unit on the lot, all such repairs on both vehicles shall be completed within seventy-two (72) hours from the time that such repairs are first begun on either vehicle. When repairs on either one or two vehicles that are visible from a street or within a front or side yard are completed, no repairs by or for occupants of that dwelling unit on those or any other vehicles that are visible from a street or within a front or side yard shall occur on the lot until the time period specified in subsection (d) passes.

(c)

Not more than two (2) vehicles may be undergoing repair at the same time by or for occupants of a dwelling unit on the lot where the dwelling unit is located.

(d)

At least thirty (30) days shall elapse between the completion of vehicle repairs visible from a street or within a front or side yard on a lot by or for occupants of dwelling unit on the lot and the beginning of more such vehicle repairs by or for the occupants.

(e)

Vehicle repairs shall not be performed anywhere on a lot on more than two (2) vehicles not owned or registered to an occupant of the lot on which the repairs are occurring during any calendar year.

(f)

It is unlawful for any person to operate a vehicle repair business of any kind in a residential zone, and it shall be conclusively presumed that a vehicle repair business is being operated if vehicle repairs are performed on vehicles not owned by or registered to an occupant of the lot on which the repairs are occurring in violation of subsection (e) above.

(g)

For purposes of this section, "visible from a street" means that the vehicle, vehicle parts, or repair equipment are visible from a street; however, if the vehicle is in such a condition of appearance that an objective observer would believe that the vehicle was fully and legally operable even though it may be under repair or if the vehicle, parts, or equipment are located entirely within a garage, then it shall not be deemed to be visible from a street under this section. For purposes of this section, "garage" means a structure that is enclosed on at least three (3) of its four (4) sides.

(Ord. No. 1991, § III, 11-7-94)

In residential zones, patio covers may be permitted to project into the required rear yard, but shall cover no more than forty (40) percent of the yard.

(Ord. No. 1316, § 4.10.040, 6-7-76; Ord. No. 1493, 3-17-81)

Sec. 29.40.045. - Height determination on sloping lots.

Where the slope of a lot (measured in the general direction of the lot lines) is greater than one (1) foot rise or fall in seven (7) feet of horizontal distance from the street elevation at the property line, building height is limited to a plane parallel to the surface of the ground unaltered by grading (including excavation) for the building in question. The plane is at an elevation set by the rules of each zone. Building height is measured vertically from the grade to the highest point of the coping of a flat roof (slope one (1) in twelve (12) or less), or the deck line of a mansard roof, or to the highest gable of a pitched or hip roof.

(Ord. No. 1316, § 4.10.050, 6-7-76; Ord. No. 1337, 11-1-76; Ord. No. 1363, 8-1-77; Ord. No. 1450, 12-379; Ord. No. 1688, 8-4-86)

Sec. 29.40.050. - Front yard between projecting buildings.

Where a lot is situated between two (2) lots, each of which has a main building (within twenty-five (25) feet of its side lot lines), which lawfully projects into the required front yard, the front yard requirement on such lot may be the average of the front yards of the existing buildings.

(Ord. No. 1316, § 4.10.060, 6-7-76; Ord. No. 1337, 11-1-76)

Sec. 29.40.055. - Front yard adjoining projecting buildings.

Where a lot adjoins only one (1) lot having a main building (within twenty-five (25) feet of its side lot lines) which lawfully projects into the required front yard, the front yard requirement on such lot may be the average of the front yard of the existing building and the required front yard.

(Ord. No. 1316, § 4.10.070, 6-7-76; Ord. No. 1337, 11-1-76)

Sec. 29.40.060. - Front yard sloping lot.

Where the elevation of the ground, at a point fifty (50) feet from the front line of a lot and midway between the side lines, differs ten (10) feet or more from the curb level, or where the slope (measured in the general direction of the side lot lines) is twenty (20) percent or more on at least one-quarter of the depth of the lot, the front yard is reduced to fifty (50) percent of that required in the zone.

(Ord. No. 1316, § 4.10.080, 6-7-76; Ord. No. 1337, 11-1-76)

Sec. 29.40.065. - Rear yard.

In computing the depth of a rear yard where such yard opens onto an alley, one-half (½) the width of such alley may be assumed to be a portion of the required rear yard.

(Ord. No. 1316, § 4.10.090, 6-7-76; Ord. No. 1337, 11-1-76)

(a)

A porte cochere may be permitted over a driveway in a side yard, provided that it is not more than one (1) story high and twenty-four (24) feet long, with supporting columns a minimum of three (3) feet from the side lot line with a maximum eave length of twelve (12) inches, and is entirely open on at least three (3) sides, except for the necessary supporting columns and customary architectural features.

(b)

Cornices, eaves, belt courses, sills, canopies, bay windows, chimneys or other similar architectural features may extend or project into a required side yard not more than twenty-four (24) inches and may extend or project into a required front or rear yard not more than thirty (30) inches.

(c)

Open, unenclosed porches or decks, not covered by a roof or canopy, less than one (1) foot above grade, may project into side or rear yards.

(d)

Open, unenclosed porches, not covered by a roof or canopy, less than four (4) feet above grade may project into front, side or rear yards or into any court up to six (6) feet; but in no case shall the projection into a side yard be closer than six (6) feet to the property line or into a court exceed a distance of more than twenty (20) percent of the width of such court.

(e)

Open, unenclosed balconies, not covered by a roof or canopy may project into a front or rear yard up to six (6) feet.

(Ord. No. 1316, § 4.10.100, 6-7-76; Ord. No. 1337, 11-1-76; Ord. No. 2149, § I, 5-1-06)

Sec. 29.40.072. - Below grade square footage in residential zones.

(a)

The use of below grade square footage is allowed in residential zones as a means to provide "hidden" square footage in lieu of visible mass. Below grade square footage shall not be counted as floor area when meeting the following criteria:

(1)

Below grade square footage shall not extend beyond the enclosed building footprint of the main building (including attached garage) or detached accessory structures.

(2)

Below grade square footage is limited to one (1) location on a property, additional below grade areas shall be included in the floor area calculation.

(3)

Light and exit wells may encroach into front and side yard setbacks for the purpose of providing the minimum criteria for natural light and ventilation as required to comply with the uniform building code. A minimum three-foot wide pedestrian access shall be provided around the light well(s).

(4)

Light wells and exit wells may extend beyond the building footprint.

(5)

Planning Commission may allow an exception to the criteria listed above based on extenuating or

exceptional circumstances applicable to the property including, but not limited to size, shape, topography, location, or surroundings. The Commission shall make findings to support a decision.

(Ord. No. 2264, § I, 11-7-17)

Sec. 29.40.075. - Floor area ratio.

(a)

The objective of the floor area ratio (FAR) is to assist in determining whether the mass and scale of the project is compatible with the surrounding neighborhood. The FAR is a nominal limit, not a goal, and shall be used in conjunction with the residential development standards adopted by resolution.

(b)

The FAR applies to those lots developed or proposed to be developed with a single- or two-family dwelling in all residential zones (except the RC and HR zones). The following standards shall be used to regulate new construction:

(1)

The allowable FAR for all structures, excluding garages, on lots between five thousand (5,000) square feet and thirty thousand (30,000) square feet shall be determined by the formula:

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----- Start of picture text -----
FAR = .35 - A-5 × .20
_____
( )
25
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where:

FAR is the floor area ratio.

A is the net lot area in thousands of square feet (for example, 7,500 square feet is written as 7.5).

(2)

The allowable FAR for a garage on lots between five thousand (5,000) square feet and thirty thousand (30,000) square feet shall be determined by the formula:

FAR = .10 - A-5 × .07 _____ ( ) 25

where:

FAR is the floor area ratio.

A is the net lot area in thousands of square feet (for example, 7,500 square feet is written as 7.5).

(3)

The allowable floor area ratio for all structures, excluding up to four hundred (400) square feet of garage space, on any lot containing less than five thousand (5,000) square feet shall be determined by the formula:

Floor Area Ratio = .40 - A-2 × .05 _____ ( ) 3

(c)

The deciding body may allow a FAR in excess of the FAR derived by the formulas in subsections (b)(1), (2) and (3) above if it makes the following findings:

(1)

The design theme, sense of scale, exterior materials and details of the proposed project are consistent with the provisions of:

a.

Any applicable landmark and historic preservation overlay zone; and

b.

Any applicable specific plan; and

c.

The adopted residential development standards; and

(2)

The lot coverage, setbacks and FAR of the proposed project is compatible with the development on surrounding lots.

(d)

Any lot containing more than thirty thousand (30,000) square feet shall be exempt from the floor area ratio limitations.

(Ord. No. 1316, § 4.10.110, 6-7-76; Ord. No. 1789, § VII, 5-15-89; Ord. No. 1851, § I, 5-20-91; Ord. No. 1872, § I, 10-7-91)

Secs. 29.40.080—29.40.150. - Reserved.

DIVISION 2. - RC OR RESOURCE CONSERVATION ZONE

The purpose and intent of the RC zone is to enhance the quality of life in the Town through the protection of open space, special land forms, scenic areas, watershed, wildlife and vegetation; to restrict access to and within these certain designated areas, to restrict the intensity of activity and development, to limit residential density, to reduce fire hazards in the hillside areas which are under Williamson Act contract with the Town, and to provide for open space in the form of parks, playgrounds, and other community facilities.

(Ord. No. 1316, § 4.22.010, 6-7-76)

The following uses are permitted in the RC or resource conservation zone in the Town:

(1)

Single-family dwelling, provided that there is not more than one (1) principal residential structure on a lot.

(2)

Agriculture, except dairying.

(3)

Botanical conservatory.

(4)

Family daycare home.

(5)

Residential care facility, small family home.

(Ord. No. 1316, § 4.22.020, 6-7-76; Ord. No. 1363, 8-1-77; Ord. No. 2306, § I, 4-21-20)

Sec. 29.40.165. - Conditional uses.

In addition to the activities authorized by section 29.40.160, the activities listed in the table in section 29.20.185 are allowed if a conditional use permit is issued.

(Ord. No. 1316, § 4.22.030, 6-7-76; Ord. No. 1363, 8-1-77)

Sec. 29.40.170. - Development standards.

(a)

Height. The maximum height of any principal building in a RC zone is thirty (30) feet. The height shall be measured as provided in section 29.40.045 and is subject to the exception listed in section 29.10.090.

(b)

Lot area. The minimum lot area is twenty (20) acres.

(c)

Yards. The minimum yards in RC zones shall be as follows:

(1)

Front .....30 feet

(2)

Side .....20 feet

(3)

Rear .....25 feet

(4)

Side abutting street .....20 feet

(Ord. No. 1316, § 4.22.040, 6-7-76; Ord. No. 1328, 8-2-76; Ord. No. 1337, 11-1-76; Ord. No. 1450, 12-3-79) Sec. 29.40.175. - Landscaping.

Landscaping shall be required consistent with the purpose of this chapter. The existing natural vegetation and land formations shall remain in a natural state unless modification is found to be necessary for a specific use allowed herein through architecture and site approval procedure.

(Ord. No. 1316, § 4.22.050, 6-7-76)

Sec. 29.40.180. - Access to remote areas.

Roadways and trails for vehicles shall not be constructed without architecture and site approval. Approval shall not be granted unless the deciding body finds that the roadway or trail is indispensable for an activity allowed in this zone and that the roadway or trail will be compatible with the terrain.

(Ord. No. 1316, § 4.22.060, 6-7-76; Ord. No. 1375, 11-21-77)

Secs. 29.40.185—29.40.225. - Reserved. DIVISION 3. - HR OR HILLSIDE RESIDENTIAL ZONE

Sec. 29.40.230. - Intent.

The intent and purpose of the HR zone is to provide for an orderly, harmonious development of the foothills and mountains resulting in the minimum amount of disturbance of the natural terrain through existing residential density to the natural slope to encourage and provide incentive for excellence in design principles and engineering techniques, and to provide for a variety of dwelling types where land assembly and a unified development scheme are more appropriate. Slope-density regulations will be utilized to assist in relating the intensity of development to the steepness of terrain in order to minimize grading, removal of vegetation, runoff, erosion, geologic hazards, fire hazards, and to help ensure utilization of land in balance with its natural capabilities to support development.

(Ord. No. 1316, § 4.24.010, 6-7-76)

Sec. 29.40.235. - Permitted uses.

The following uses are permitted in the HR zone in the Town:

(1)

Single-family dwelling, provided that there is not more than one (1) principal residential structure on a lot.

(2)

Agriculture, except dairying.

(3)

Family daycare home.

(4)

Residential care facility, small family home.

(Ord. No. 1316, § 4.24.020, 6-7-76; Ord. No. 1363, 8-1-77; Ord. No. 2306, § I, 4-21-20)

Sec. 29.40.240. - Conditional uses.

In addition to the activities authorized by section 29.40.235, the activities listed in the table in section 29.20.185 are allowed if a conditional use permit is issued.

(Ord. No. 1316, § 4.24.030, 6-7-76; Ord. No. 1335, 10-4-76; Ord. No. 1363, 8-1-77)

Sec. 29.40.245. - Density.

An ordinance zoning property HR must set one (1) of the following density ranges:

(1)

HR-1 (one (1) to five (5) acres for each dwelling unit).

(2)

HR-2½ (two and one-half (2½) to ten (10) acres for each dwelling unit).

(3)

HR-5 (five (5) to forty (40) acres for each dwelling unit).

(4)

HR-20 (twenty (20) to one hundred sixty (160) acres for each dwelling unit).

(Ord. No. 1316, § 4.24.040, 6-7-76; Ord. No. 1337, 11-1-76; Ord. No. 1342, 1-3-77; Ord. No. 1363, 8-1-77; Ord. No. 1425, 5-7-79)

Sec. 29.40.250. - Density formulae.

(a)

The minimum land area required for each dwelling unit in any subdivision is determined by the following slope density regulations:

(1)

The average slope of land proposed to be subdivided is determined according to the formula:

where:

S is the average slope in percent (for example, 40% is written 40.0).

I is the contour interval in feet.

L is the combined length of contour lines in feet.

A is the gross area in acres of the parcel, not including the right-of-way of existing public roads.

A topographic map shall be used which meets the requirements for obtaining approval of tentative maps.

Contour intervals shall not exceed ten (10) feet.

(2)

Slope density. The minimum land area for each dwelling unit shall not be less than "a" as determined by the following formulae:

When the average slope is in excess of fifty (50) percent, the minimum land area for each dwelling unit is as follows:

HR-1 .....5 acres

HR-2½ .....10 acres

HR-5 .....40 acres

HR-20 .....160 acres

(3)

The maximum number of dwelling units allowed in a subdivision is determined by dividing the land area by the required minimum land area for each dwelling unit and rounding down to the next whole number.

(4)

In calculating the allowable number of dwelling units in any subdivision, no parcel which can be further subdivided under this section shall be included in the net land area used in determining the maximum number of dwelling units allowed. However, if the development rights beyond one (1) dwelling unit for such parcel are dedicated to the Town, the parcel may be included.

(5)

Where any part of the land slopes more than fifty (50) percent, that part may be treated separately and the number of dwelling units permissible on that part may be added to the number permissible on the rest of the land to compute the total number of allowed dwelling units.

(6)

Once a map has been recorded showing a parcel of land subdivided under the rules of any of the HR zones, further subdivision of any lot or parcel included in that subdivision is restricted. The current HR formula is used in determining the number of dwelling units (and by derivation, lots) which may be obtained by further subdivision. The formula is applied to the entire parcel originally subdivided under the HR rules, regardless of whether lots in the original HR subdivision have been sold or improved. Transactions in which one (1) or more portions of the entire original parcel are reverted to acreage are not exempt from this restriction.

(b)

The provisions of this section are intended to be a continuation and not a liberalization of the rule set by former subsection (6) of section 29.40.245 (Ord. No. 1337), and amended by Ord. No. 1425, subsection (6) of this section.

(Ord. No. 1316, § 4.24.045, 6-7-76; Ord. No. 1425, 5-7-79; Ord. No. 1435, 6-18-79)

Editor's note— Ord. No. 2273, § I, adopted May 1, 2018, repealed § 29.40.255, which pertained to subdivision requirements and derived from Ord. No. 1838, § II(4.24.047), 11-5-90.

Sec. 29.40.260. - Lot area.

The minimum lot area in an HR zone (not to be confused with the required minimum land area for each dwelling unit) is forty thousand (40,000) square feet.

(Ord. No. 1316, § 4.24.050, 6-7-76; Ord. No. 1337, 11-1-76; Ord. No. 1363, 8-1-77)

Sec. 29.40.265. - Lot width.

The minimum lot width in an HR zone is one hundred (100) feet.

(Ord. No. 1316, § 4.24.060, 6-7-76; Ord. No. 1350, 4-4-77; Ord. No. 1363, 8-1-77)

Sec. 29.40.270. - Yards.

The minimum yards in HR zones shall be as follows:

(1)

Front .....30 feet

(2)

Side .....20 feet

(3)

Rear .....25 feet

(4)

Side abutting street .....20 feet

(Ord. No. 1316, § 4.24.070, 6-7-76; Ord. No. 1363, 8-1-77)

Sec. 29.40.275. - Height.

The maximum height of any principal building in an HR zone is thirty (30) feet. The height shall be measured as provided in section 29.40.045 and is subject to the exception listed in section 29.10.090.

(Ord. No. 1316, § 4.24.080, 6-7-76; Ord. No. 1363, 8-1-77; Ord. No. 1450, 12-3-79)

Landscaping is required in yards in an HR zone abutting scenic roads. Existing vegetation and land forms abutting scenic roads shall be left in a natural state unless modification is found to be necessary for a specific use. To enhance the scenic corridor, additional landscaping may be required.

(Ord. No. 1316, § 4.24.090, 6-7-76; Ord. No. 1363, 8-1-77)

Sec. 29.40.285. - Trails.

When the general plan or any specific plan shows trails in an HR zone, the development plans shall include those provisions which are found necessary by the deciding body for the development of such trails.

(Ord. No. 1316, § 4.24.100, 6-7-76; Ord. No. 1363, 8-1-77; Ord. No. 1375, 11-21-77)

Sec. 29.40.290. - Access to remote areas.

Roadways and trails for vehicles shall not be constructed without architecture and site approval. Approval shall not be granted unless the deciding body finds that the roadway or trail is indispensable for an activity allowed in this zone and that the roadway or trail will be compatible with the terrain.

(Ord. No. 1316, § 4.24.110, 6-7-76; Ord. No. 1363, 8-1-77; Ord. No. 1375, 11-21-77)

Secs. 29.40.295—29.40.375. - Reserved.