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(A) Purpose.
(1) The purpose of the PRO District is to accommodate the immediate foreseeable demand for public parks and recreation and open space in designated areas inside or outside suburban growth boundaries to serve local and regional residents’ needs as identified in the comprehensive plan.
(2) The size, character and intensity of development of park, recreation and open space areas and the performance characteristics of recreation areas shall be commensurate with the capability of land and water areas to support the uses intended and shall not result in any unusual service demands.
(3) Uses of land and water not compatible with public parks, public recreation and open space uses, including recreation commercial service facilities, shall be prohibited.
(1) Park, recreation area, or open space, publicly or privately owned, operated and maintained;
(2) Public campground or picnic site;
(3) Historical, archaeological, or geological site;
(4) Public bicycle and pedestrian paths or trails systems not within county or public rights-or-way;
(5) Equestrian paths or trails systems;
(6) Public playground, or play field, including game court, ball diamond, swimming pool and similar uses;
(7) Public RV park subject to the RV park provisions of § 154.171;
(8) Golf course, excluding miniature golf;
(9) Driving range, in conjunction with a golf course;
(10) Dwelling for caretaker or watchman, in conjunction with a permitted use. Site design review is not required for the dwelling;
(11) Accessory uses;
(12) Temporary structures as may be required during construction of an authorized permanent structure. The temporary structure shall be removed upon final inspection of the permanent structure by the Building Inspector;
(13) Community or municipal water supply system;
(14) Community or municipal sanitary sewer system;
(15) Public facilities;
(16) Signs, pursuant to the sign provisions set forth in § 154.166; and
(17) Similar uses similar in character, scale and performance, or with similar noise, odor, traffic, air and water quality impacts on neighboring properties.
(C) Conditional uses.
(2) Similar uses similar in character, scale and performance, or with similar noise, odor, traffic, air and water quality impacts on neighboring properties.
(D) Prohibited uses. Uses of land and water not specifically mentioned in this section and not allowed as a similar use, are prohibited in the PRO District.
(E) Non-conforming uses. Non-conforming uses found in the PRO District are subject to the non-conforming use provision of § 154.059 as well as any other applicable provisions of this chapter.
(F) Dimensional requirements; RV occupancy. In the PRO District, the following standards and limitations shall apply unless varied or waived subject to § 154.152 for planned development:
(1) Parcel size and dimension. The minimum parcel size for any use shall be 1 acre, except that 50 acres shall be the minimum parcel size for a golf course.
(2) Setbacks. The minimum setback for all yards shall be 30 feet for all uses, except as follows.
(3) Occupancy of recreational vehicles. One recreational vehicle shall be permitted to be parked on any parcel in conjunction with a principal dwelling, and may be used for the temporary accommodation of guests for a period of up to 30 days total in any year. In no case shall any recreational vehicle be used as a principal dwelling or rented unless and until the necessary permits have been obtained.
(Ord. 2004-05, passed 9-15-2004; Am. Ord. 06, passed 9-15-2004; Am. Ord. 2006-06, passed 6-16-2006) Penalty, see § 154.999
(A) Purpose.
(1) The purpose of this zone district is to accommodate large areas which are mostly vacant, unplatted or minimally platted and predominately undeveloped.
(2) Limited, low-density residential development and ranching activities are allowed; but any other use of land in this district is subject to site plan review and permit approval.
(B) Permitted uses. Any of the following permissive uses are allowed in this zone district:
(1) Residential uses permitted in the RR-1 District are permitted in the Outland District;
(2)
Ranching activities related to the grazing of livestock;
(3) HOME OCCUPATION, as defined by this chapter, subject to the standards and limitations set forth in § 154.168.
(4) Public facilities; and
(5) Similar uses similar in character, scale and performance, or with similar noise, odor, traffic, air and water quality impacts on neighboring properties.
(C) Conditional uses. A zone change, or temporary use permit as appropriate, is required for all other uses not expressly permitted in division (B) above.
(1) Secondary dwelling, as outlined in § 154.105; and
(2) Home occupation where the business includes visits to the site from clients, customers, patients, patrons, or similar individuals. Such home occupations may allow for employment of up to two non-family members and may be approved for a period of time not to exceed two years, and are subject to the standards and limitations set forth in § 154.168.
(D) Non-conforming uses. Non-conforming uses found in the Outland District are subject to the non-conforming use provision of § 154.059 as well as any other applicable provisions of this chapter.
(E) Minimum dwelling lot size. The following standards apply to all land uses within this zone district: minimum lot sizes for dwellings shall be as provided by the RR-1 Zone District herein this chapter.
(Ord. 2004-05, passed 9-15-2004; Am. Ord. 2006-06, passed 6-16-2006; Am. Ord. 2017-03, passed 11-1-2017) Penalty, see
§ 154.999
RESIDENTIAL DISTRICTS
(A) Purpose.
(1) The purpose of the Rural Residential Districts is to provide for varying densities of rural residential development on selected lands identified in the comprehensive plan for preservation of low density rural living.
(2) The RR Districts are intended to accommodate rural residential development at an anticipated magnitude or density level that does not require more than a very basic level of services, such as single local-road access, individual domestic wells and septic tank sewage-disposal systems, and rural fire protection. Ultimate density limitations in the RR District shall be determined by prevailing lot sizes community character, compatibility with existing uses in the district, limitations of domestic water sources, soil conditions and groundwater tables for subsurface sewage disposal, and area designations identified in the Valencia County comprehensive plan. Opportunities for small-scale or intensive farm activities compatible with low density rural residential uses shall be encouraged in the RR Districts.
(B) Permitted uses. In the RR Districts, the following uses shall be permitted subject to the standards and limitations set forth in division (F) below:
(1) Farm uses, subject to the limitations in division (F) below;
(2) One principal dwelling per parcel;
(3)
Accessory uses;
(4) HOME OCCUPATION, as defined by this chapter, subject to the standards and limitations set forth in § 154.168.
(5) Signs, pursuant to the sign provisions set forth in § 154.166;
(6) Public facilities;
(7) Community or municipal water-supply system; and
(8) Community or municipal sanitary-sewer system.
(1) Temporary secondary mobile home or residential trailer dwelling, in conjunction with a principal dwelling on the same parcel, only for family members requiring special care, subject to the following:
(a) The family member requiring special care is aged, infirm or who, for health-related reasons, is incapable of maintaining a complete separate residence;
(b) The permit for the temporary home for special care shall be valid for a period of 2 years or shorter period as the Zoning Department determines to be appropriate, provided, however, that the permit may be revoked by the Department at any time if any of the reasons for which the permit was granted are no longer applicable, or if any imposed condition is violated;
(c) The permit for the temporary home for special care shall be granted to the applicant only and shall not be deemed to run with the land; and
(d) Under any circumstances, a second dwelling under this section, and in any RR Districts shall not be approved if the net size of the parcel for the principal dwelling is less than 0.76 acres in size.
(2)
Home occupation where the business includes visits to the site from clients, customers, patients, patrons, or similar individuals. Such home occupations may allow for employment of UP to two non-family members and may be approved for a period of time not to exceed two years, and are subject to the standards and limitations set forth in
§ 154.168;
(3) Kindergarten, day nursery, or day care facility in conjunction with a principal dwelling on the same parcel, subject to the standards for day care facilities set forth in § 154.169;
(5) (a) Temporary structures as may be required during construction of an authorized permanent structure.
(b) The temporary structure shall be removed upon final inspection of the permanent structure by the Building Inspector.
(c) Temporary structures under this subsection shall be reviewed under the Type A application procedure as described in § 154.075 of this chapter;
(D) Prohibited uses.
(1) Uses of land and water not specifically mentioned in this section shall be prohibited in the RR Districts.
(2) Cluster developments and parcel averaging shall not be permitted in the greenbelt as defined in this chapter and in the comprehensive plan.
(3) Recreational vehicles (RVs) shall not be used as primary residences in any Rural Residential (RR) District.
(E) Non-conforming uses. Non-conforming uses found in the RR Districts are subject to the non-conforming use provisions of § 154.059 as well as any other applicable provisions of this chapter.
(F) Standards and limitations. In the RR Districts, the following standards and limitations shall apply:
(1) Dwelling density.
(a) Dwelling density for permitted uses.
1. The maximum overall dwelling density for any new development shall not exceed:
a. One dwelling per 2 acres net in the RR-2 District; and
b. One dwelling per 1 acre net in the RR-1 District.
2. Not more than 1 principal dwelling shall be permitted on any parcel, except in the case of clustering development and as follows:
a. One duplex may be allowed on any 4 acre parcel in the RR -2 District;
b. One duplex may be allowed on any 2 acre parcel in the RR-1 District.
3. For the division of any contiguous lands under the same ownership or under a common promotional plan, parcel sizes may be averaged if the tract to be averaged under this section is at least 10 acres, and provided that the maximum overall net density of the applicable RR Districts are not exceeded, and provided that no parcel shall be below the applicable minimum parcel size established by division (2) below.
(b) Dwelling density for conditional uses. Not more than 1 secondary dwelling (other than guest house secondary dwelling) shall be permitted on any parcel.
(2) Parcel size and dimension.
(a) RR-1 District.
1. Newly-created parcels. The maximum depth-to-width ratio for any newly-created parcel shall be 3 to 1. The minimum size of any newly-created parcel shall be 1 acre, exclusive of any easements for public right-of-way and except as follows:
a. In the case of parcel-size averaging, the minimum parcel size shall be no less than 3/4 of 1 acre, net 32,670 square feet;
b. In the case of a duplex, the minimum parcel shall be 1-1/2 acres; and
c. In the case of a residential planned development, the minimum parcel size shall be 10 acres prior to a subdivision of the parcel.
2. Pre-existing lots of record. Any permitted or conditional use provided for in this district may be established on a substandard pre-existing lot of record, subject to the applicable requirements of this section. In addition, prior to issuance of a building permit for a principal dwelling, the provisions of § 154.057 shall be satisfied.
(b) RR-2 District.
1. Newly-created parcels. The maximum depth-to-width ratio for any newly-created parcel shall be 3 to 1. The minimum size of any newly-created parcel shall be 2 acres, except as follows:
a. In the case of parcel-size averaging, the minimum parcel size shall be 1-1/2 acres;
b. In the case of a duplex, the minimum parcel size shall be 2 acres; and
c. In the case of a duplex or multi-family planned development, the minimum parcel size shall be 10 acres prior to a subdivision of the parcel.
2. Pre-existing lots of record. Any permitted or conditional use provided for in this district may be established on a substandard pre-existing lot of record, subject to the applicable requirements of this section. In addition, prior to issuance of a building permit for a principal dwelling, the provisions of § 154.057. shall be satisfied.
(3) Setbacks. The following setback requirements apply to all RR Districts unless varied or waived by a planned development, subject to § 154.121.
(a) Front yard. The minimum front yard setback shall be 30 feet except that the minimum setback for all yard signs shall be 5 feet.
(b) Side and rear yard. The minimum side and rear yard setbacks shall be 15 feet, except as provided in this section.
(c) An accessory structure not more than 15 feet in height, at least 60 feet from a road, and at least 10 feet from any dwelling may be located a minimum distance of 15 feet from the property line in a side yard or rear yard.
(d) Fences, walls and hedges may be permitted in any required yard or along the edge of any yard, subject to the clear-vision area requirements of division (6) below.
(4) Parcel coverage.
(a) For any parcel of 1 acre or more, but less than 10 acres, the maximum parcel coverage shall be 20%.
(b) For any parcel of less than 1 acre, the maximum parcel coverage shall be 15%.
(5) Access.
(a) Before a dwelling may be established on any parcel as provided in this section, the parcel shall have a legal, safe and passable means of access by abutting at least 30 feet either directly upon a public road, or by a private easement which is at least 30 feet in width for its entire length and which also abuts upon a public road for at least 30 feet.
(b) Nothing in this section shall be construed to vary or waive the requirements for creation of new access contained in the Valencia County Subdivision Chapter adopted by Valencia County.
(6) Clear-vision areas.
(a) A clear-vision area shall be maintained on the corner of any parcel at the intersection of any 2 of the following: county roads; public roads; private roads serving 4 or more parcels; and railroads.
(b) A clear-vision area shall contain no sight-obscuring structures or planting exceeding 30 inches within a triangle formed by the projected intersection of the right-of-way or public road easement lines on the lot corner nearest the intersection, and the 2 points 20 feet from this corner as measured along the parcel lines adjacent to the intersecting rights-of-way.
(c) Trees exceeding these requirements may be located so that their branches extend into this triangle, provided they are maintained to allow at least 12 feet of visual clearance within the triangle below the lowest hanging branches.
(7) Height.
(a) The maximum building height for any dwelling shall be 30 feet;
(b) The maximum building height for all other structure shall be 45 feet, except for accessory structures on any parcel of less than 10 acres the maximum building height shall be 35 feet; and
(c) Appurtenances usually required to be placed above the roof level and not intended for human occupancy such as spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys and wind generators are not subject to the height limitations of this chapter.
(8) Occupancy of recreational vehicles.
(a) One recreational vehicle shall be permitted to be parked on any parcel in conjunction with a principal dwelling, and may be used for the temporary accommodation of guests for a period of up to 180 days total in any year.
(b) In no case shall any recreational vehicle be used as a principal dwelling or rented unless and until the necessary permits have been obtained which include septic disposal and setback requirements for a dwelling.
(9) Off-street parking.
(a) In the RR Districts, prior to establishment of any dwelling, sufficient area must be provided to allow for at least 1 emergency vehicle turnaround; and
(b) Parking requirements for those uses which may generate traffic beyond what is normally expected in the RR Districts, including multi-family dwellings, shall be determined by the Zoning Department subject to the provisions of §§ 154.035 through 154.040.
(10) Livestock. The keeping of livestock shall be allowed in the RR Districts subject to the following restrictions:
(a) All livestock shall be properly fenced and contained so as to minimize adverse impacts to surrounding property;
(b) There shall be at least 10,000 separate square feet of pervious surface area for each cow, horse or similar animal;
(c) There shall be at least 4,000 separate square feet of pervious surface area for each sheep, goat, pig or similar animal;
(d) There shall be at least 600 separate square feet of pervious surface area in an enclosed structure for poultry or rabbits or similar animals;
(e) There shall be at least 3,500 separate square feet of surface area for each dog or cat; and
(f) Animals which are less than 6 months old are excepted from the requirements of this division herein.
(Ord. 2004-05, passed 9-15-2004; Am. Ord. 06, passed 9-15-2004; Am. Ord. 09, passed 9-15-2004; Am. Ord. 2006-06, passed 6-16-2006; Am. Ord. 2017-01, passed 4-5-2017; Am. Ord. 2017-03, passed 11-1-2017; Am. Ord. 2021-02, passed 7-21-2021)
Penalty, see § 154.999
(A) Purpose.
(1) The purpose of the SR District is to provide for medium density suburban residential development on selected lands identified for medium density residential use in the comprehensive plan.
(2) The SR District is intended to accommodate suburban residential development in locations generally adjacent to urban centers and is characterized by patterns of subdivision or partitioning creating a scale of service and access requirements that are complementary or similar to city residential zones.
(3) Depending upon location, an SR District may be converted in a timely and orderly manner through annexation to city residential lands.
(4) The SR District shall apply only to those lands where the applicant substantially demonstrates community water and sewerage treatment will be available to serve the uses within the district.
(B) Permitted uses. In the SR District the following uses shall be permitted subject to the standards and limitations set forth in division (F) below:
(1) Principal dwelling;
(2)
Accessory uses;
(3) HOME OCCUPATION, as defined by this chapter, subject to the standards and limitations set forth in § 154.168.
(4) Public facilities;
(5) Signs, pursuant to the sign provisions set forth in § 154.166; and
(6) Residential group home.
(1)
Home occupation where the business includes visits to the site from clients, customers, patients, patrons, or similar individuals. Such home occupations may allow for employment of up to two non-family members and may be approved for a period of time not to exceed two years, and are subject to the standards arid limitations set forth in
§ 154.168;
(2) Kindergarten, pre-school nursery or day care facility in conjunction with a principal dwelling on the same parcel, subject to the standards for day care facilities set forth in § 154.169;
(5) Residential facility, subject to the planned development requirements in § 154.152;
(6) Temporary structures as may be required during construction of an authorized permanent structure. The temporary structure shall be removed upon final inspection of the permanent structure by the Building Inspector; and
(D) Prohibited uses. Uses of land and water not specifically mentioned in this section are prohibited in the SR District.
(E) Non-conforming uses. Non-conforming uses found in the SR District is subject to the provisions of § 154.059 as well as any other applicable provisions of this chapter.
(F) Standards and limitations. In the SR District, the following standards and limitations shall apply:
(1) Dwelling density.
(a) The maximum overall dwelling density for any new development shall not exceed 1 dwelling per 6,500 square feet excluding road right-of-way, in the SR District.
(b) Not more than 1 principal dwelling shall be permitted on any parcel, except in the case of a planned development, and except that for the division of any contiguous lands under the same ownership, parcel sizes may be averaged provided that the maximum overall density of the applicable SR District is not exceeded and provided that no parcel shall be below the applicable minimum parcel size established by division (2) below. In the case of parcel-size averaging, appropriate conditions shall be imposed to prevent re-division of oversized parcels which would exceed the maximum overall residential density requirements of the applicable SR District.
(2) Parcel size and dimension.
(a) Newly-created parcels. The maximum depth-to-width ratio for any newly created parcel shall be 3 to 1. The minimum size of any newly created parcel shall be 7,500 square feet, excluding roads, except as follows:
1. In the case of parcel-size averaging, the minimum parcel size shall be no less than 6,500 square feet, excluding roads; and
2. In the case of a multi-family planned development, the minimum parcel size shall be 3 acres, excluding roads.
(b) Pre-existing lots of record. Any permitted or conditional use provided for in this district may be established on a substandard pre-existing lot of record, subject to the applicable requirements of this section. In addition, prior to issuance of a building permit for a principal dwelling, the provisions of § 154.057 shall be satisfied.
(c) Multi-family development. In the case of a multi-family development, the maximum dwelling density shall be 20 dwelling units per acre.
(3) Setbacks. The following setback requirements apply to any SR District unless varied or waived under a planned development, subject to § 154.152:
(a) Front yards. The minimum front yard setback shall be 30 feet except that the minimum setback for all yard signs shall be 5 feet.
(b) Minimum setbacks. The minimum setbacks for:
Side yard | 7 feet |
Rear yard | 15 feet |
Front yard | 15 feet for any residential dwelling |
20 feet for any attached garage |
(c) Accessory structure. An accessory structure not more than 10 feet in height, at least 60 feet from a road, and at least 10 feet from any dwelling may be located a minimum distance of 5 feet from the property line in a side yard or rear yard.
(d) Fences, walls and hedges. Fences, walls and hedges may be permitted in any required yard or along the edge of any yard, subject to the clear-vision area requirements of division (5) below.
(4) Access.
(a) Before a dwelling may be established on any newly created parcel as provided in this section, the parcel shall have a legal, safe and passable means of access by abutting at least 30 feet either directly upon a public road, or by a private easement which is at least 30 feet in width for its entire length and which also abuts upon a public road for at least 30 feet.
(b) Nothing in this section shall be construed to vary or waive the requirements for creation of new access contained in the Subdivision Regulation Chapter legally adopted by Valencia County.
(5) Clear-vision areas.
(a) A clear-vision area shall be maintained on the corner of any parcel at the intersection of any 2 of the following: county roads; public roads; private roads serving 4 or more parcels; and railroads.
(b) A clear-vision area shall contain no sight-obscuring structures or plantings exceeding 30 inches in height within a triangle formed by the projected intersection of the right-of-way or public road easement lines on the lot corner nearest the intersection, and the 2 points 20 feet from this corner as measured along the parcel lines adjacent to the intersecting rights-of-way.
(c) Trees exceeding this height may be located so that their branches extend into this triangle, provided they are maintained to allow at least 12 feet of visual clearance within the triangle below the lowest hanging branches.
(6) Height.
(a) The maximum building height for any building or structure shall be 26 feet; and
(b) Appurtenances usually required to be placed above the roof level and not intended for human occupancy such as spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys and wind generators are not subject to the height limitations of this chapter.
(7) Occupancy of recreational vehicles.
(a) One recreational vehicle shall be permitted to be parked on any parcel in conjunction with a principal dwelling, and may be used for the temporary accommodation of guests for a period of up to 30 days total in any year.
(b) In no case shall any recreational vehicle be used as a principal dwelling or rented unless and until the necessary permits have been obtained.
(Ord. 2004-05, passed 9-15-2004; Am. Ord. 2006-06, passed 6-16-2006; Am. Ord. 2017-03, passed 11-1-2017)
Penalty, see § 154.999
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