§ 42-84. RE Single-Family Residence Estate District.

(a)

Purpose. The primary purpose of this district is to provide for large single-family residences on large enough plots of land to enable the residents to participate in some aspects of country living, limited gardening pursuits and the keeping of limited numbers of poultry or animals.

(b)

Use regulations.

(1)

Permitted uses.

a.

Any permitted use permitted in the A-1 Agricultural District, provided the minimum land area is 20 acres or greater.

b.

One-family dwellings and existing agricultural uses.

c.

Home occupations and professional offices, as defined in this chapter, when incident to the residential use and when situated in the same dwelling, subject to the following conditions:

1.

No name plate exceeding three square feet in area shall be permitted.

2.

Such home occupation or professional office shall not employ more than 20 percent of the floor area of the principal building.

3.

Such home occupation or professional office shall not employ more than one person who is not a resident on such lot.

4.

Adequate off-street parking facilities shall be provided adjacent, or reasonably adjacent to the building served.

5.

Such permitted use shall not include the conduct of any retail or wholesale business on the premises, nor the removal of sand, gravel or stone for commercial purposes.

6.

Such permitted use shall not include the use of any machinery tools, or other appliances that can reasonably be construed as creating a nuisance to the surrounding residential area.

d.

Horticulture, floriculture, viticulture and olericulture.

e.

Crop and tree farming.

f.

Keeping of riding horses, ponies and/or donkeys in private (non-commercial) stables, domestic livestock and poultry in suitable enclosed buildings, provided that the minimum lot area is three acres or more, then one head of such livestock and/or 20 fowl per acre may be kept. Additional livestock and fowl may be kept at the rate of one additional head and/or 20 additional fowl for each additional acre of land greater than three acres. No building serving to house the permitted animals or poultry shall be closer than 50 feet to the lot line of an adjoining lot in a district permitting residential use, and then solely for the use of the residents on said lot and for their guests and not for hire or livery.

g.

The following accessory buildings and uses subject to the conditions specified:

1.

Private garages or storage buildings, when located on the same lot and not involving the conduct of a business; provided, however, that no such private structure shall be erected unless that principal building to which such structure is an accessory use has been erected or is to be erected simultaneously with said structure.

2.

Quarters for household employees; provided, however, that such quarters shall be occupied only by individuals employed full time on the premises and their families.

3.

Stables, barns, or poultry houses, provided that no building housing domestic livestock or poultry shall be closer than 50 feet to any lot line.

4.

Swimming pools, tennis courts and other private recreational facilities.

(2)

Conditional uses. Bed and breakfast establishments, commercial and residential ponds, et al., commercial vehicle operation and parking, communication structures, et al., in-law unit, legal nonconforming uses, multifamily unit, public buildings, and uses, recreation facilities, et al., residential planned unit developments, riding academies, et al., and uses or situations not specifically provided for.

(c)

Building location.

(1)

Setback: 50 feet minimum. Following the adoption of the ordinance from which this chapter is derived, if a portion of a proposed subdivision has the advantage of a reduced 35-foot setback as permitted by the county shoreland and floodland protection ordinance, the town board, upon receipt of a recommendation from the town plan commission, may approve a reduced 35-foot setback for portions of the proposed subdivision in the town jurisdiction.

(2)

Offset: 30 feet minimum.

(d)

Height regulations.

(1)

Principal building.

a.

Non-exposed foundation.

1.

Overall maximum height (lowest exposure to highest peak): 35 feet.

b.

Exposed foundation.

1.

Overall maximum height (lowest exposure to highest top plate): 32 feet.

2.

Overall maximum height (lowest exposure to highest peak): 44 feet.

(2)

Accessory buildings: 18 feet maximum.

(3)

See section 42-37 for exceptions and permitted increases.

(e)

Area regulations.

(1)

Floor areas.

a.

Minimum required; principal residence.

1.

First floor: 900 square feet.

2.

Total: 1,200 square feet. All residences shall have attached two-car garages (minimum of an area of at least 400 square feet and maximum of an area not to exceed 1,200 square feet) or 60 percent of the first floor area of the principal structure, whichever is greater.

b.

Maximum building footprint permitted: 17.5 percent.

(2)

Lot size.

a .

   M i nimum area: three acres.

b.

Minimum width for a straight or curved road: 200 feet.

c.

Minimum width for a cul-de-sac bulb turnaround: 150 feet.

(Ord. of 10-24-2017, § 13-3-5)