This district covers portions of the county which are occupied by various open uses, such as marsh lands, beaches, forests, parks and farms. This district is established for the specific purpose of facilitating existing and future farming operations, conserving forests, farmland and other natural resources, conserving ground water resources to serve the current and future population, reducing soil erosion, protecting shellfish waters from pollution, providing safety from flood, fire and storms, facilitating the provision of adequate police and fire protection, reducing or preventing congestion on the public roadways, protecting against undue density of population in relation to the community facilities available, and encouraging desirable rural economic development activities such as farming, forestry, and tourism. Uses not consistent with the existing character of this district are not permitted.

(Ord. of 1-13-2010(1); Ord. of 1-18-2017(1))

The following uses shall be permitted subject to all the other requirements of this chapter as a matter of right in agricultural district "A":

(1)

Single-family dwellings;

(2)

General farming, agriculture, dairying and forestry;

(3)

Schools, churches, public libraries and post offices;

(4)

Game preserves and conservation areas;

(5)

Lodges, hunting clubs, boating clubs, golf clubs and private noncommercial marinas;

(6)

Private and noncommercial small boat docks;

(7)

Cemeteries;

(8)

Home occupations as defined;

(9)

Accessory uses as defined;

(10)

Public parks and recreational facilities;

(11)

Recreational facilities which are to be used in connection with one-family or two-family dwellings and available only to the family of the householder and his private guest;

(12)

Manufactured homes as defined (built subject to federal regulations), on a permanent foundation;

(13)

Utility distribution facilities;

(14)

Small wind energy systems, as defined, on lots one acre or greater in size; and

(15)

Small solar energy systems, as defined.

(Ord. of 1-13-2010(1))

The following uses shall be permitted in agricultural district "A", subject to all the other requirements of this chapter, only upon the obtaining of a special use permit from the board of zoning appeals:

(1)

Recreational facilities, including main and accessory buildings and parking areas;

(2)

Camping facilities, including travel trailer camps;

(3)

Waterfront businesses, such as wholesale and retails marine activities, commercial marinas, yacht clubs and servicing facilities for the same;

(4)

Docks and areas for the receipt, storage and shipment of waterborne commerce;

(5)

Seafood and shellfish receiving, packing and shipping plants;

(6)

Mobile homes, as defined (built before June 15, 1976). See section 106-231, "Mobile home parks."

(7)

Light industry (as defined in section 106-1);

(8)

Facilities for grading, packing, marketing and storage of agriculture and horticultural products;

(9)

Retail stores and shops including storage facilities;

(10)

Restaurants;

(11)

Office buildings;

(12)

Health care facilities;

(13)

Mobile home parks in which lots are rented or sold;

(14)

Travel trailers, located outside of travel trailer parks, which are to be occupied for habitation or storage of chattels;

(15)

Dwelling, two-family (see section 106-230, "Off-street parking");

(16)

Apartment house (see section 106-230, "Off-street parking");

(17)

Banks;

(18)

Dry cleaners;

(19)

Laundries;

(20)

Hotels, motels and tourist homes;

(21)

Printing offices;

(22)

Dwelling, accessory, on lots with a minimum area of five acres, or on nonconforming lots with a minimum area of 60,000 square feet recorded in the land records as of June 28, 2006. Accessory dwellings shall be one (limited to one per lot and two) permitted with an occupied main dwelling;

(23)

Sand and gravel borrow pit operations, including all necessary equipment, up to five acres in area;

(24)

Small wind energy systems, as defined, on lots less than one acre in area;

(25)

Large solar energy systems, as defined;

(26)

Antennas and towers over 100 feet in height;

(27)

A use of land not specifically listed as a use permitted by right or by special exception-special use in the agricultural district regulations, which is clearly similar and compatible with the uses listed therein.

(Ord. of 1-13-2010(1); Ord. of 01-20-2021(1); Ord. of 01-20-2021(2))

The following uses shall be permitted in the agricultural district "A" subject to all other requirements of this chapter, only upon the granting of a conditional use permit by the board of supervisors, in accordance with section 106-234 of this chapter:

(1)

Residential, recreational or commercial recreational developments specified in section 106-53, creating more than 25 dwelling units or sites;

(2)

Retail stores and shops of over 10,000 square feet of interior floor space; or developing a site of greater than two acres;

(3)

Commercial facilities specified in section 106-53, with over 10,000 square feet of interior floor space, or developing a site of greater than one acre;

(4)

Sports arenas, race tracks, and amusement parks;

(5)

Utility plant facilities;

(6)

Public water and sewer facilities;

(7)

Central water and sewer facilities;

(8)

Remote water and sewer facilities, when required to replace failed or failing facilities;

(9)

Sand and gravel borrow pit operations, including all necessary equipment, greater than five acres in area;

(10)

Large wind energy systems, as defined, on lots greater than five acres in area;

(11)

Wetlands off-site compensatory mitigation sites. Permittee-responsible on-site wetlands mitigation occurring on the impacted parcel, or on a parcel contiguous to the impacted parcel, shall be permitted as ancillary to the principal use.

(Ord. of 1-13-2010(1); Ord. of 1-18-2017(1); Ord. of 5-17-2023)

(a)

The minimum lot area in the district shall be five acres, unless the cluster option is used, as set forth in subsection (b). Tidal wetlands and nontidal wetlands shall not be counted toward the calculation of minimum lot area for the purpose of meeting the minimum lot area and density requirements set forth herein.

(b)

Cluster option: Lots may be clustered at an overall base site density of one lot per five acres.

(1)

The minimum lot area for a cluster lot shall be 30,000 square feet and the maximum lot area for a cluster lot shall be three acres. Cluster lots larger than 30,000 square feet in area may include additional area, up to a total lot area of three acres, that includes tidal wetlands, nontidal wetlands, resource protection area, velocity flood zones, and slopes 25 percent or greater.

(2)

If lots are clustered, two additional bonus lots shall be allowed for the parent tract, provided that the remainder lot shall be greater than one acre.

(3)

Bonus lots are allowed for parent tracts of less than five acres if the minimum lot sizes are met in accordance with the clustering provisions in subsections (b)(1) and (2).

(4)

The remainder lot shall not be further divided.

(5)

One cluster lot, with a minimum area of 30,000 square feet and a maximum area of three acres, may be divided from a parent parcel without submitting a subdivision application. The lot created shall be counted toward any future subdivision of the parent parcel. A deed notice shall be recorded to indicate that a cluster lot has been divided from the parent parcel.

(c)

Notwithstanding the foregoing provisions, the minimum lot area for any lot created pursuant to a family subdivision under section 78-12 of the Subdivision Ordinance shall be 30,000 square feet.

(Ord. of 1-13-2010(1))

Structures on all public rights-of-way shall be set back 50 feet or more from the edge of the right-of-way.

When a structure is to be built in an area where there are existing structures, the minimum setback may be waived and the setback line may be the average setback of the structures on either side. This shall not apply to corner lots.

(Ord. of 1-13-2010(1))

The minimum frontage for permitted uses shall be 150 feet at the setback line.

(Ord. of 1-13-2010(1))

(a)

Side. The minimum side yard for each main structure shall be 15 feet and the total width of the two required side yards shall be 30 feet or more. The minimum side yard for accessory structures shall be five feet or more.

(b)

Rear. Each main structure shall have a rear yard of 35 feet or more. Each accessory structure shall have a rear yard of five feet or more.

(Ord. of 1-13-2010(1))

Buildings may be erected up to 35 feet in height except that:

(1)

Dwellings may be erected to an overall height of 45 feet provided that both required side yard setbacks are increased one foot for each foot in height by which the dwelling exceeds 35 feet.

(2)

A public or semi-public building such as a school or church may be erected to a height of 60 feet provided that required front, side and rear yards shall be increased one foot for every foot in height by which the building exceeds 35 feet.

(3)

Public utility structures, church spires, belfries, cupolas, monuments, water towers, chimneys, flues, flag poles, television antennae and radio aerials are exempt from these height regulations. Parapet walls and firewalls may be up to four feet above the height of the building on which the walls rest.

(4)

Agricultural structures not used as dwellings, which contain no signs or advertisements, and which are used exclusively for agricultural purposes, may be erected to a height not exceeding 100 feet. Examples of such uninhabited structures are as follows:

a.

Silos.

b.

Feed storage.

c.

Mixing structures.

d.

Mechanical and roof-mounted equipment may exceed the height limit, provided they do not occupy more than 25 percent of the total roof area.

(5)

Grain elevators may be erected to a height not exceeding 125 feet.

(6)

Uninhabited agricultural buildings nor intended for human occupancy may exceed the standard height limit up to a maximum of 45 feet, provided they are set back from all property lines at least one foot for every foot in height by which the building exceeds 35 feet.

(7)

No accessory building or structure which is within ten feet of any lot line shall be more than 18 feet high.

(8)

Small wind energy system towers shall not exceed a height of 65 feet on a parcel of less than five acres, or a maximum height of 80 feet on a parcel of five acres or more. Small wind energy system towers shall be set back one foot from adjacent property lines for every one foot of tower height.

(Ord. of 1-13-2010(1); Ord. of 07-09-2025(1))

Of the two sides of a corner lot, the front is the shorter of the two sides fronting on streets. See subsection 78-8(c)(3).

(Ord. of 1-13-2010(1))

Regulations shall conform to article VIII of this chapter.

(Ord. of 1-13-2010(1))

Off-street parking regulations shall conform to section 106-230 of this chapter.

(Ord. of 1-13-2010(1))

(a)

Any residential subdivision creating 50 or more lots is subject to resource quality protection plan requirements as specified in section 106-235 of this chapter.

(b)

Any commercial or industrial development which creates five acres or more of impervious surface is subject to resource quality protection plan requirements as specified in section 106-235 of this chapter.

(Ord. of 1-13-2010(1))