§ 194.045  URBAN R-E EQUESTRIAN/ESTATE RESIDENTIAL DISTRICT.
   (A)   Intent. The R-E: Equestrian/Estate Residential (“Horse Country”) Districts are established to preserve and protect a unique region within the town’s planning area. The region features large estate development interspersed with horse farms, agricultural operations and undeveloped wooded, natural tracts of land. This area, known locally as “Horse Country”, has long been the defining characteristic of the south central portion of Eagle Township south of S.R. 334. The intent of the Estate-Equestrian Land Use Category is to strengthen and protect this unique land use pattern from encroachment of scatter-urban type uses. Agricultural and horse farm facilities are encouraged. Single-family residential uses should be similar in scale, density and context with the existing development pattern of the area. Compatibility with adjacent land uses will determine the appropriate density for any development in this category in accordance with the Comprehensive Plan.
   (B)   Permitted uses.
      (1)   Primary uses.
         (a)   Agricultural uses; including agricultural crop production; tree farms; agricultural livestock production and the harvesting, storage and primary processing of agricultural products produced on the premises; storage offer vehicles, farm equipment and farm materials by the operator of such farm;
         (b)   Single-family dwelling;
         (c)   Private horse stable;
         (d)   Residential facility for the developmentally disabled;
         (e)   Residential facility for the mentally ill, subject to the provisions of § 194.100 of this chapter;
         (f)   Child care home (that is used as the primary residence of the person who operates the child care home);
         (g)   Roadside food sales stand (sale of produce grown on the premises); and
         (h)   Nature reserve or preserve, wildlife sanctuary.
      (2)   Special exception uses.
         (a)   Bed and breakfast;
         (b)   Communications/utilities:
            1.   Communication relay tower;
            2.   Public utility substation;
            3.   Public wells; and
            4.   Telecommunication tower.
         (c)   Miscellaneous:
            1.   Cemetery;
            2.   Commercial breeding and raising of non-farm fowl and animals;
            3.   Sales barn for livestock sale; and
            4.   Religious use.
         (d)   Recreation:
            1.   Private camp;
            2.   Campground;
            3.   Ball fields;
            4.   County club;
            5.   Riding stable or multi-use trails (i.e., biking, cross-country skiing, hiking); and
            6.   Golf course (not including a golf driving range or miniature golf course as the primary use).
         (e)   See also § 194.202 of this chapter.
      (3)   Accessory uses. See § 194.095 of this chapter.
      (4)   Home occupations. See § 194.097 of this chapter.
      (5)   Temporary uses. See § 194.096 of this chapter.
   (C)   Development standards.
      (1)   Water and sewer requirements. Attachment to public water and sanitary sewer facilities shall be mandatory for all development in this district for lots in any subdivision platted and recorded after 1-1-2000. However, well water and septic systems may be utilized in this district, subject to the approval of the county’s Health Department or the state’s Board of Health if the lot area is three acres or greater.
      (2)   Minimum lot area. Three acres.
      (3)   Minimum lot width. The minimum lot width at the building setback line shall be not less than provided as follows:
 
Lots Not on a Cul-de-Sac
Lots on a Cul-de-Sac
200 feet
150 feet
 
      (4)   Minimum lot frontage. The minimum lot frontage on a public street shall be not less than provided as follows:
 
Lots Not on a Cul-de-Sac
Lots on a Cul-de-Sac
100 feet
75 feet
 
      (5)   Maximum lot coverage, primary or special exception uses and accessory uses. 15% of the total lot area.
      (6)   Maximum lot depth to width ratio. Four to one (4:1).
      (7)   Minimum yards and building setbacks.
         (a)   Front:
            1.   A minimum front yard and building setback measured from the proposed right-of-way shall be provided as follows:
 
Collector/local street/cul-de-sac or other street
40 feet
Primary arterial street
60 feet
Secondary arterial street
40 feet
 
            2.   In the case where a proposed right-of-way line does not exist, as determined by the transportation plan for the town or where the existing right-of-way is greater, the existing right-of-way line shall be used for the setback measurement.
         (b)   Side: a minimum side yard of 25 feet shall be provided along all side lot lines.
         (c)   Rear:
            1.   A minimum rear yard shall be provided along all rear lot lines as follows:
 
Agricultural building
150 feet
Residential accessory building
25 feet
Residential primary building
50 feet
 
            2.   See also § 194.018 of this chapter.
      (8)   Maximum building height.
 
Agricultural building
Unlimited; provided that, for each additional 1 foot over 35 feet in height, 1 additional foot shall be added to the minimum yard and building setback requirements
Residential accessory building
22 feet
Residential primary building
40 feet
 
      (9)   Minimum main floor area. The minimum main floor area of the residential primary building, exclusive of garage, carport, deck, patio and open porches:
 
One-story building
1,500 square feet
Two- or more story building
1,000 square feet; provided that, the total finished floor area shall be at least 1,500 square feet
 
      (10)   Off-street parking. See § 194.102 of this chapter.
      (11)   Signs. See §§ 194.160 through 194.168 of this chapter.
      (12)   Vision clearance areas. See § 194.024 of this chapter.
   (D)   Development plan approval required for open space subdivisions. All open space subdivisions proposed within an R-E District shall be subject to the filing of a development plan for review and approval by the Plan Commission as set forth in §§ 194.041 and 194.125 through 194.128 of this chapter.
      (1)   Intent. Open space subdivisions are intended to allow greater flexibility in design and development of subdivisions in order to provide for more efficient use of land, protect topographical or other natural features or amenities, permit common area and open space reservation and preservation in perpetuity, and reduce overall development costs. The provisions set forth promote imaginative design in the development of subdivisions, which allows for better utilization of the unique physical qualities of the site in order to preserve them for not only the subdivision residents, but the community as a whole. To accomplish this purpose, the following regulations and development incentives to the R-E District shall be available when employing the open space subdivision option.
      (2)   Applicability. In any subdivision within the R-E Districts, the primary plat of which is submitted for approval after 7-1-2000 in accordance with Ch. 193 of this code of ordinances may be developed as an open space subdivision in accordance with the provisions of §§ 194.041 and 194.125 through 194.128 of this chapter.
      (3)   Development requirements.
         (a)   Subdivision area (minimum size of a subdivision). There shall be a minimum of 15 acres required for the development of a open space subdivision. The tract of land to be divided shall be in one ownership or shall be the subject of an application for primary plat approval filed by the owners of the entire tract. The tract shall be developed as a unit and in the manner approved.
         (b)   Subdivision density. The overall maximum density of the proposed open space subdivision shall remain the same as that permitted by developing the same tract into developable lots in full compliance with the applicable underlying residential district regulations, Ch. 193 of this code of ordinances and any other applicable regulations.
         (c)   Project open space. The total land area saved by using this provision shall be put into project open space, per division (D)(6) below.
      (4)   Waiver of development requirements for open space subdivisions. Individual lots with an overall subdivision that receives development plan approval from the Plan Commission to be developed as a open space subdivision pursuant to this section, and §§ 194.125 through 194.128 of this chapter, may be granted a waiver of the development requirements of the R-E District to the extent permitted below.
         (a)   Lot area, setback, frontage and coverage exceptions for individual lots. The following minimum provisions for lot area, rear and side yard setbacks, lot frontage and lot coverage may be reduced in an open space subdivision to the extent provided for below:
            1.   Minimum lot area: 21,780 square feet (one-half acre);
            2.   Minimum rear yard setback: 25 feet;
            3.   Minimum side yard setback: 15 feet, unless the zero lot line option, noted in division (D)(4)(b) below is utilized;
            4.   Minimum lot frontage: minimum lot frontage may be reduced to 50 feet; provided that, each individual lot shall have direct access to a public street;
            5.   Maximum lot coverage: 20%; and
            6.   Lot width: 50 feet.
         (b)   Zero lot line option. Any subdivision which is submitted for review and subsequent primary plat approval utilizing the open space subdivision provisions of this section may reduce the minimum side yard requirement for one side yard of each lot to zero feet; provided that:
            1.   A minimum distance of 25 feet shall be required and maintained between all buildings on abutting lots;
            2.   No window or doors shall be provided or maintained on that portion of the building in which the required side yard has been reduced to zero feet;
            3.   The aggregate side yard(s) is provided on the lot according to the applicable residential district regulations; and
            4.   An access and maintenance easement shall be recorded which provides for the continual maintenance of the lot, buildings and structures along the side yard which has been reduced to zero feet.
         (c)   Design and construction standards.
            1.   All construction projects which are to become part of the town’s system, to be operated and maintained by the town, shall conform to the town’s design and construction standards.
            2.   Construction drawings and specifications (including any variations thereof) shall be approved by the town and a written permit obtained in accordance with existing ordinances before construction begins.
      (5)   General requirements for projects open space.
         (a)   The amount of permanent open space created by the development of the tract as an open space subdivision shall be:
            1.   Preserved in its naturally occurring state;
            2.   Developed only to the extent required to provide for:
               a.   The passive recreational activities of walking, biking, hiking or picnicking;
               b.   Developed and maintained as landscape features including, but not limited to, common areas, landscape easements and boulevard entry ways; or
               c.   Other recreational or amenity features approved by the Plan Commission.
            3.   Developed into an active recreational area; and
            4.   If the project is located adjacent to any portion of a bicycle/walking/jogging pathway, or the rail trail, as developed by the town or its Parks Department, a direct linkage to such bicycle/walking/jogging pathway or rail trail from the open space shall be provided.
         (b)   The development of such open space shall be subject to the following additional requirements.
            1.   The open space shall be equivalent to or more than the total reduction in lot area. At least 75% of the total amount of open space shall consist of land areas which are at least 50 feet wide.
            2.   The open space created by the development of the tract as a open space subdivision shall further be provided in such a manner that it is accessible:
               a.   To residents of the open space subdivision and their guests, by way of sidewalk, footpath or combined walkway/bikeway; and
               b.   For maintenance.
            3.   The open space shall run perpetually with the open space subdivision and shall not be developed or separated from it at a later date. Provisions shall be made for continuous and adequate maintenance of the open space at a reasonable and non-discriminatory rate of charge.
            4.   No overhead transmission line easement may be used in calculation of required open space.
         (c)   Open space shall be calculated by taking the total land area within lots contained in sketch plan one (as outlined in division (D)(6) below) and subtracting the total land area within lots contained in sketch plan two (as outlined in division (D)(6) below).
      (6)   Procedures for open space subdivision approval plan documentation; plan documentation and supporting information.
         (a)   Plans. Prior to applying for primary plat approval, the petitioner shall submit two plans for the tract proposed for an open space subdivision for review by the Building Commissioner.
            1.   A sketch plan shall depict the development of the tract in full compliance with all use and development standards of the applicable underlying residential district and Ch. 193 of this code of ordinances. This sketch plan shall be used to determine the maximum number of developable lots possible on the tract and set the density of that development.
            2.   A site plan shall depict the development of the tract as an open space subdivision. The density of the overall development (total number of lots), shall be no greater than that permitted by the development of the tract depicted in the sketch plan. Documentary evidence of the provision of open space in a manner and amount equal to or in excess of that required by this section shall be proved either in written format or in tabular format incorporated into the site plan.
         (b)   Building Commissioner review.
            1.   The Building Commissioner shall compare the two plans noted above to determine the appropriateness of the open space subdivision layout for the tract. In determining the appropriateness of the open space subdivision layout, the Building Commissioner shall look for the following attributes:
               a.   Protection of unique topographical features on the tract, including, but not limited to, slopes, streams, wooded areas and other natural features;
               b.   Protection and preservation of wooded areas, individual trees of significant size, wetlands or other environmentally sensitive features;
               c.   Development of common open space and recreational areas accessible to residents of the open space subdivision including provisions for walkways and bikeways;
               d.   More efficient use of land;
               e.   Innovative residential environments;
               f.   Minimization of the alteration of natural site features by the design and location of individual lots, streets and buildings. Diversity and originality in lot layout and individual building design shall be encouraged to achieve the best possible relationship between the development and the tract of land on which it is located;
               g.   Relationship to surrounding properties, improvement of the view from and of buildings; and
               h.   Minimization of the land area devoted to motor vehicle access shall be encouraged through the arrangement and location of individual lots, streets and buildings.
            2.   The Building Commissioner shall further review the proposed open space subdivision to ensure that it shall be constructed, arranged and operated so as not to interfere with the development and use of surrounding properties in accordance with the applicable residential district regulations, to include any necessary transition along the perimeter of the development with other abutting single-family residential districts. In review of the proposed open space subdivision, the Building Commissioner may consult with the town’s Engineer or other appropriate health and safety officials to ensure that all fire and safety issues are addressed.
            3.   The Building Commissioner shall provide his or her findings in writing to the petitioner, with a copy forwarded to the Plan Commission. The petitioner may then proceed with the filing of a petition for primary plat approval, which shall further serve as a petition for development plan approval. The primary plat filed shall be in substantial compliance with the site plan submitted to and reviewed by the Building Commissioner or may be revised to address or correct any deficiencies outlined in writing by the Building Commissioner. The petition for a primary plat approval, and subsequent legal notice of the public hearing regarding the petition, shall indicate clearly that the petition is for primary plat and development plan approval for an open space subdivision.
         (c)   Plan Commission consideration.
            1.   The Plan Commission shall make a disposition on the petition for development plan separately from the petition for primary plat approval for an open space subdivision in compliance with this chapter, Ch. 193 of this code of ordinances and the rules of procedures of the town’s Plan Commission.
            2.   All petitions for secondary plat approval for an open space subdivision shall comply with the primary plat approved by the Plan Commission and any commitments or conditions associated with its approval.
         (d)   Findings. The Plan Commission may approve a development plan (and thereby grant the waivers requested by the petitioner) indicating compliance with this section and §§ 194.125 through 194.128 of this chapter only upon finding that:
            1.   The use or value of area properties shall not be adversely affected. The proposed development shall be in compliance with the applicable general requirements for open space;
            2.   The proposed development is appropriate to the site and its surroundings; and
            3.   The proposed development is consistent with the intent and purpose of this chapter.
         (e)   Existing perimeter street lots.
            1.   Existing perimeter streets shall be separated by a minimum 50-foot open space buffer when rear loaded lots or lots served by an access street/drive causing the eventual house to face the existing perimeter street.
            2.   When lots are to cause houses to back up to an existing perimeter street, there shall be a minimum 150-foot open space buffer with landscaping equal to a Level C pursuant to § 194.106 of this chapter.
         (f)   Vistas.
            1.   Backyard vistas from internal streets shall be broken up by open space landscape areas along internal street frontage(s) where affected by such view.
            2.   Following approval of the development plan, the Plan Commission may then consider a primary plat following the requirements and findings of Ch. 193 of this code of ordinances and the rules of procedures of the Plan Commission.
         (g)   Maintenance of common open space. As a part of the approval of an open space subdivision, the petitioner shall submit with the petition for primary plat approval, and any subsequent secondary plat approvals, for review and approval documentary assurances, in the form of signed and notarized commitments, that permanent reservation of the open spaces areas shall be made and that adequate provisions are being made for the continuous and adequate maintenance of the open space subdivisions open space, common areas and recreational areas. The documentary assurance shall be incorporated in the primary plat, and subsequent secondary plats, and that all documentary assurances shall be recorded with the office of the county’s Recorder. No exceptions to, or deviations from, these commitments shall be permitted unless approved by the Plan Commission. In approving any exceptions to or deviations from these commitments, the Plan Commission shall provide a finding that the petitioner has adequately provided for the upkeep, protection and maintenance of open space, common areas or recreational areas through other legally binding perpetual agreements.
   (E)   General regulations. See general regulations for R districts.
(Ord. 2000-16, passed 8-28-2000, § 2.6)