14.36.030 Permitted secondary uses.

The secondary land uses associated with a residential use permitted in the UR zone are as follows:
A. All uses regularly permitted in the conservation zone.
B. One swimming pool and related equipment appertaining to its operation is allowed according to the following regulations:
1. Swimming pools, including any deck around the same, shall conform to established setback regulations for R-14.5 zoning.
2. Pools shall be enclosed by fencing a minimum of five feet in height above finished grade. Fencing shall have openings not more than four inches wide and gates that are self-closing with self-latching and locking devices that are located four and one-half feet above ground level and on the inside of the fence.
3. Pool lighting shall consist of aboveground lighting to ensure adequate illumination of the pool itself and all adjoining decks and aprons; provided, it conforms with subsection D of this section.
4. The fees for the application for a permit to construct a swimming pool shall be as established by the Town’s fee schedule ordinance (Chapter 3.32 of this code) in effect at the time the application is submitted.
5. Swimming pools and hot tubs should be drained into the sanitary sewer system where sewers are available according to the standards set forth by the Town. Where sewers are not available, pools must be drained either as arranged for when obtaining the pool permit or as specified at the time of draining, by the Town. However, in any case, no pool water shall be drained until first contacting the Town.
C. One game court shall be allowed. Fences surrounding game courts shall not exceed twelve feet in height. Game courts, including fencing, shall comply with setback regulations for UR zoning. No court lighting shall be allowed. The fees for the application of a permit to construct a game court shall be as established by the Town’s fee schedule ordinance (Chapter 3.32 of this code) in effect at the time the application is submitted.
D. Outdoor lighting is permitted as follows except where otherwise prohibited by this title.
1. 1. Exterior yard lights and exterior building lights are permitted and the light sources shall be hooded or shielded so the lamp is not visible from adjacent properties or public rights-of-way.
2. Lighting installed by Town government or installed as a result of agreement among the residents affected is permitted subject to the limitations contained within this section.
3. No outdoor lighting shall be installed in the Town right-of-way without permission from the Town.
E. Outdoor antennas for radio, television and other communications for individual homes are permitted but only if in harmony with the surrounding structures and with the residential character of the Town, and are installed such that there visibility from any adjacent public street or adjacent property is minimized.
F. One detached garage is allowed and must meet the bulk regulations.
G. One greenhouse is permitted and must meet bulk regulations.
H. Fences are permitted subject to the following regulations:
1. Perimeter or property line fences shall not exceed six feet in height and be shall constructed of materials sufficient to block the passage of domestic animals.
2. Perimeter and property line walls shall not exceed four feet in height. A railing or open fencing not exceeding two feet in height is permitted on top of a wall.
3. In the event that a fence is finished on only one side, the finished side of the fence shall face away from the property being fenced.
4. The height of the fence as described in this section shall be determined by the measurement between the top board, surface, rail or wire to the ground directly below such fence. A ground level may be built-up under such fence level to the nearest elevation of paved pathway or street in the Town right-of-way which fronts such fence. In this situation, the height of the fence shall be measured from the top of that built-up ground level fill. Otherwise, no ground level shall be built-up on which to build a perimeter or property line fence unless the total height of the built-up ground level plus the fence does not exceed the maximum height allowable, excluding any leveling of filled areas of three feet or less in length or width which serve to level the top line of the fence.
5. No portion of a fence or wall is permitted if it obstructs the traffic line of sight distance at road or street intersections.
6. No fence shall extend beyond the front, side or rear property lines of any lot or plot of land.
7. For fences or walls on or near a property line, the determination of the location of property lines shall be the responsibility of the property owner(s) building the fence. The Town building official may require the property owner to provide a certified boundary survey (at the owner’s expense) to verify that the fence or wall is located in accordance with the so approved plans.
8. Interior Fences.
a. Swimming Pool Fences. Swimming pools shall be enclosed by fencing a minimum of five feet in height above finished grade. Fencing shall have openings not more than four inches wide and gates that are self-closing with self-latching and locking devices that are located four and one-half feet above ground level and on the inside of the fence. See subsection (D)(2) of this section. Fences shall comply with setback regulations for R-14.5 zoning which consist of thirty feet in the front, twenty feet rear and ten feet side.
b. Game Court Fences. Fences surrounding game courts shall not exceed twelve feet in height. Such fencing may be solid construction on the lower six feet but must be open weave material for the upper six feet. Fencing shall comply with setback regulations for R-14.5 zoning which consist of thirty feet in the front, twenty feet rear and ten feet side. Fencing shall be provided such that disturbance to adjoining property, open space and NGPA areas is minimized.
c. Dog shelters or runs are not allowed within the setbacks. Such fencing shall not exceed six feet in height. A roof cover may not be more than eight feet above ground level.
9. A building permit is required for the construction of any new fence or wall so described in this subsection.
10. Repair of an existing fence or wall which conforms to this subsection does not require a building permit. Any modification of an existing fence or wall that changes its location, height, materials or character will be considered a "new fence" and will require a building permit.
11. No barbed, concertina or razor wire shall be permitted in construction or repair of a fence or wall, except for perimeter or property line fencing in the conservation, special study areas zones and public utilities and for reasons of public safety, as approved by the Town building official.
12. Gates, gate posts or gate columns shall be no higher than one and one-half times the adjoining fence or wall height. There shall be no more than two double gates on any street frontage. No gate shall swing open into the Town right-of-way. Gates, gate posts or columns, including caps, shall not exceed twenty inches in width or thickness.
I. Patios and open ornamentation, provided any ornamentation erected within ten feet of any building shall not exceed three feet in height, unless a doorway, gate, or kickout panel is installed in that portion.
J. Off-street parking areas, private automobile storage and carports shall be permitted; provided, any structure meets the bulk regulations for the zoning area.
K. A hobby shop shall be permitted as a use in any secondary building, primary residential building or yard, relating thereto; provided, that any such use of the yards shall be so screened as to be obscured from public view.
L. Repealed by Ord. 01-412.
M. Secondary structures, not addressed elsewhere in this chapter, must meet bulk regulations for the zoning area.
N. One flagpole is permitted, provided that it is within the setbacks and is no higher than thirty-five feet. (Ord. 01-412 §1 (Exh. 1 (part)), 2001; Ord. 99-370 §1(c)(part), 1999)