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Erwin City Zoning Code

ARTICLE IV

RURAL DISTRICT RD

Sec. 36-77.- Intent.

This district is established to promote low-density residential and agricultural uses. The regulations of this district are intended to protect the agricultural sections of the community from an influx of uses likely to render them undesirable for farms and future development and to ensure that residential developments dependent on private wells and septic tanks will occur at sufficiently low densities to ensure a healthful environment.

(Code 1977, § 9-4024.1)

Sec. 36-78. - Permitted principal uses and structures.

The following are permitted principal uses and structures:

(1)

Single-family dwellings.

(2)

Farms and agricultural uses for crop and livestock production. Note: A farm shall not be construed to include commercial poultry and swine production, cattle feed lots, and fur-bearing animals.

(3)

Family care home.

(4)

Religious uses, including churches and other places of worship, religious education buildings and parish houses.

(5)

Municipal facilities.

(6)

Manufactured Class A homes on individual lots.

(7)

Customary home occupations.

(8)

Equine stables (private or commercial use). Only applicable in the Planning Zone. Equine stables are not permitted inside town limits.

(9)

Day care centers, day nurseries, preschools, and similar uses. Day care centers, day nurseries, preschools, and similar uses may not be located within a 300-foot radius measured from the center of the property of another day care center, day nursery, preschool, or similar use.

(10)

Public facilities.

(Code 1977, § 9-4024.2; Ord. of 5-3-2001; Ord. of 11-6-2014; Ord. No. 2023-2024-001 , 7-6-2023)

Sec. 36-79. - Permitted accessory uses and structures.

The following are permitted accessory uses and structures:

(1)

Any use or structure customarily incidental to a principal use or structure or to a conditional use for which a permit has been issued. (Refer to article XV of this chapter.)

(2)

Stands to sell agricultural products produced on premises, provided that sufficient off-street parking is provided off the right-of-way. (See Accessory uses—On-premises produce stands).

(Code 1977, § 9-4024.3; Ord. No. ZT-2013-003 , § 3(9-4024.3), 9-5-2013)

Sec. 36-80. - Special uses.

The following are conditional uses:

(1)

Social uses, such as social halls, lodges, and headquarters of fraternal organizations, clubs, and similar activities.

(2)

Cemeteries.

(3)

Animal medical care.

(4)

Places of public assembly.

(5)

Fairground and carnival activities.

(6)

Mining activities.

(7)

Storage building (The intention of this proposed use is to allow property owners that have existing buildings that are a primary use on this lot to lease them for storage).

(8)

Vehicular sales and rental.

(Code 1977, § 9-4024.4; Ord. of 5-3-2001; Ord. of 11-6-2014; Ord. No. 2015-2016:004 , § 2, 8-6-2015; Ord. No. 2018-2019-006 , 5-2-2019; Res. No. 2021-2022-001 , 7-1-2021; Ord. No. 2023-2024-001 , 7-6-2023)

Sec. 36-81. - Dimensional requirements.

(a)

The following regulations shall govern all permitted and conditional uses in this district:

(1)

Minimum lot area: 20,000 square feet (0.459 acres).

(2)

Minimum lot width: 100 feet (for lots without public water and sewer). (Except in subdivisions - Minimum lot widths of 75 feet and 60 feet for cul-de-sac lots.)

(3)

Minimum required front yard: 40 feet (excluding steps).

(4)

Minimum required rear yard: 40 feet (excluding steps).

(5)

Minimum required side yard: 12 feet.

(6)

Maximum building height: 35 feet.

The maximum height of any structure shall be the same as required by the underlying zoning district unless otherwise stated herein. Non-residential buildings located within the areas identified Medium Intensity, High Intensity, Downtown, and Employment Center Land Use Classifications are exempt from the district height requirement if they conform to the following:

a.

Highest point of the building shall not exceed 80 feet.

(b)

All setbacks shall be measured from either the property line or public right-of-way whichever is closer. If no public right-of-way exists, then the measurement will be taken from the access easement line.

(Code 1977, § 9-4024.5; Ord. of 8-2-2012; Ord. No. 2019-2020-007 , 3-5-2020)

Sec. 36-82. - Off-street parking and loading.

Refer to article XVIII of this chapter.

(Code 1977, § 9-4024.6)

Sec. 36-83. - Signs.

Refer to article XIX of this chapter.

(Code 1977, § 9-4024.7)

Sec. 36-84. - Lights.

Refer to article XVII of this chapter.

(Code 1977, § 9-4024.8)

Sec. 36-85. - General provisions.

Refer to article XV of this chapter.

(Code 1977, § 9-4024.9)