(a) Intent. The intent of this zone is to provide for low density, single family detached residences and supporting uses. This zone should be located in areas of the community where services and facilities are/will be adequate to serve the anticipated population. This zone should be established in accordance with the Goals, Objectives, Policies, and Development Criteria of the Comprehensive Plan.
(b) Principal Uses. (Other uses substantially similar to those listed herein shall also be deemed permitted.)
1. Single-family detached residences.
2. Parks and playgrounds operated by government.
3. Temporary real estate sales offices for the sale of lots, located only within the subdivision in which said lots are located; to be removed at the end of two (2) years or when all the lots are sold, whichever comes first.
(c) Accessory Uses. (Uses and structures which are customarily accessory, clearly incidental and subordinate to permitted uses.)
1. Private garages, storage sheds, and parking areas.
2. Accessory living quarters.
3. Swimming pools and tennis courts, including accessory structures and temporary structures associated with those uses.
4. Agricultural uses, excluding commercial stock raising.
5. Private, non-commercial parks and open space.
6. Home offices and home occupations.
7. A ground, roof or pole-mounted satellite dish antenna, as regulated by Section 15-8.
8. Family childcare home.
9. Hiking and bicycling trails.
10. Accessory Dwelling Units, as regulated in Article 3-12 of the Zoning Ordinance.
11. Hosted Short Term Rentals for 12 or fewer occupants, as regulated in Article 3-13 of the Zoning Ordinance.
(d) Conditional Uses. (Permitted only with Board of Adjustment approval.)
1. Kindergartens and nursery schools for four (4) and not more than twelve (12) children, when accessory to and located in the same structure with the single-family residence occupied by the owner or operator. All kindergartens and nursery schools shall provide a fenced and screened play area, which shall contain not less than twenty-five (25) square feet per child.
2. Kindergartens, nursery schools and childcare centers for four (4) or more children, when accessory to a place of religious assembly, school or private club as permitted herein. A fenced and screened play area shall be provided, which shall contain not less than twenty-five (25) square feet per child.
3. Home-based businesses.
4. Cemeteries, columbariums, and mausoleums.
5. Outdoor commercial and non-commercial recreational facilities, such as golf courses; sportsmen's farms; riding stables and equine trails; fishing lakes and non-commercial swimming pool; tennis courts; campgrounds; and private clubs.
6. Places of religious assembly.
7. Schools for academic instruction.
8. Mining of non-metallic minerals, but only when the proposal complies with the requirements of the Mining/Quarrying Ordinance (Code of Ordinances #252-91) and the conditions and requirements as set forth therein. The Board of Adjustment shall specifically consider and be able to find:
a. That the proposed use will not constitute a public nuisance by creating excessive noise, odor, traffic, dust, or damage to the environment or surrounding properties;
b. That a reasonable degree of reclamation and proper drainage control is feasible; and
c. That the owner and/or applicant has not had a permit revoked or bond or other security forfeited for failure to comply with any federal, state or local laws, regulations or conditions, including land reclamation, pertaining to the proposed use.
9. Type II Childcare Center. A fenced outdoor play area shall be provided, which shall contain not less than twenty-five (25) square feet per child.
10. Bed and breakfast facilities, limited to the rental of not more than one (1) room. The Board of Adjustment, in considering approval of such conditional use, shall consider and make a finding that the number of rooms granted shall not have an adverse effect on surrounding properties. In addition, in considering such a conditional use, the Board of Adjustment shall take into consideration the number of bed and breakfast facilities, if any, within the general neighborhood of the property being considered for such use.
11. Historic house museums.
12. Seasonal activities.
13. Market gardens.
14. The short-term rental (defined in the Code of Ordinances) of Accessory Dwelling Units, as regulated in Article 3-12 of the Zoning Ordinance. The Board of Adjustment, in considering approval of such conditional use, shall consider and make a finding that the number of rooms granted shall not have an adverse effect on surrounding properties. In addition, in considering such a conditional use, the Board of Adjustment shall take into consideration the number of short-term rental facilities, if any, within the general neighborhood of the property being considered for such use.
15. Un-Hosted Short Term Rentals and Hosted Short Term Rentals for more than 12 occupants, as regulated by Article 3-13 of the Zoning Ordinance.
(e) Prohibited Uses. (All uses, other than those listed as principal, accessory, or conditional uses or substantially similar to principal, accessory, or conditional uses, shall be prohibited. The uses below are provided for illustration purposes and for the purpose of limiting permitted uses, and are not intended to be a total listing of all the uses that are prohibited.)
1. Those uses prohibited in the A-U zone, except as permitted herein.
2. Commercial kennels, equine hospitals, and offices of veterinarians.
3. Any use dependent upon septic tanks or pit privies.
4. The above-ground or below-ground storage of any flammable material in gaseous form, including compressed natural gas, and the above- or below-ground storage of more than five (5) gallons of gasoline.
5. Ecotourism activities, except as permitted herein.
6. Zoological gardens.
7. Medicinal cannabis businesses.
(f) Minimum Lot Size. One acre; or twenty-five thousand (25,000) square feet for property rezoned to R-1A after July 14, 1994.
(g) Minimum Lot Frontage. One hundred fifty (150) feet; or one hundred twenty-five (125) feet for property rezoned to R-1A after July 14, 1994.
(h) Minimum Front Yard. Fifty (50) feet; or forty (40) feet for property rezoned to R-1A after July 14, 1994.
(i) Minimum Each Side Yard. Twenty-five (25) feet; or ten (10) feet for property rezoned to R-1A after July 14, 1994.
(j) Minimum Rear Yard. Twenty-five (25) feet.
(k) Minimum Open Space. See Article 20 for open space regulations.
(l) Maximum Lot Coverage. No limitation.
(m) Maximum Height of Building. Thirty-five (35) feet.
No minimum requirements.
Conditional Uses: The Board of Adjustment may establish additional requirements, as needed.
(Code 1983, § 8-5; Ord. No. 263-83, § 1, 12-15-1983; Ord. No. 89-86, §§ 7, 8, 5-29-1986; Ord. No. 198-86, § 1, 9-18-1986; Ord. No. 151-87, § 1, 7-9-1987; Ord. No. 30-92, § 7, 3-3-1992; Ord. No. 86-92, §§ 6—8, 5-28-1992; Ord. No. 55-94, § 3, 4-14-1994; Ord. No. 145-94, § 1, 7-14-1994; Ord. No. 84-2001, § 1, 4-5-2001; Ord. No. 207-2003, § 1, 8-28-2003; Ord. No. 298-2005, § 1, 11-3-2005; Ord. No. 96-2010, § 8, 6-10-2010; Ord. No. 191-2010, § 1, 11-11-2010; Ord. No. 99-2011, § 3, 8-25-2011; Ord. No. 137-2016, § 2(8-5), 7-7-2016; Ord. No. 22-2017, § 3(8-5), 3-2-2017; Ord. No. 166-2017, § 3(8-5), 11-16-2017; Ord. No. 102-2021, §§ 4, 5, 10-28-2021; Ord. No. 045-2022, § 2, 6-9-2022; Ord. No. 113-2022, § 3, 10-27-2022; Ord. No. 004-2023, § 6, 1-31-2023; Ord. No. 020-2023, § 2, 3-9-2023; Ord. No. 074-2023, §§ 3, 4, 7-11-2023; Ord. No. 148-2023, 7, 12-7-2023; Ord. No. 057-2024, § 6, 6-27-2024)
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