14 - OS OPEN SPACE DISTRICT
Sections:
The purpose of the open space district is to retain or conserve, insofar as is practicable and desirable, the open character of so designated land. The district is intended to provide for permanent open space and to safeguard the health, safety and welfare of the people by limiting development in areas where police and fire protection, protection against flooding by stormwaters, danger from excessive erosion and protection from possible health hazards created by sewage or septic tank drainfields, are not possible without excessive costs to the community. Therefore, in addition to the large open land areas for which this district is intended, the following may be placed within this district regardless of their present size or use:
A.
Areas too steep to build upon or where such building may cause a public hazard due to excessive erosion or flooding;
B.
Areas subject to flooding or inundation;
C.
Areas beyond fire servicing where development might endanger life and property, unless fire protection arrangements can be made with a fire district or the Department of Natural Resources, or adequate fire prevention equipment is provided by the developer;
D.
Areas with soil conditions that cannot withstand population concentrations.
(Res. 13678 (Vol. 29, page 346)(part): Ord. 62678 (Vol. 29, page 353) § 2.5:1, 1978).
Principal uses permitted outright in an open space district are as follows:
A.
Dwellings. Single-family dwellings including mobile homes and seasonal homes;
B.
Agriculture. All land use, activities, operations, buildings, structures and other facilities necessary for agriculture, dairying, grazing, horticulture, and the growing and harvesting of agricultural and other crops and timber; provided, however, that the aforementioned shall not include commercial or industrial processing, manufacturing, or packaging of food, dairy and other agricultural or horticultural products, except those sold at retail on the premises, and timber and wood products;
C.
Recreation. Ski resorts, parks, playgrounds, fishing lakes and fish rearing ponds, hunting preserves, golf courses, country clubs, riding academies and stables, camping clubs, recreations and conservation clubs and similar recreation uses permitted by the board;
D.
Conservation. Forest preserves, wildlife reservations, watershed protection areas, dams and flood-control structures, reservoirs, fish hatcheries.
(Ord. 0031196 (Vol. 60, page 190) § 32(part), 1996; Res. 10579 (Vol. 30, page 659)(part), 1979; Res. 13678 (Vol. 29, page 346)(part): Ord. 62678 (Vol. 29, page 353) § 2.5:2, 1978).
Accessory uses permitted in an open space district are as follows:
A.
General. Accessory uses customarily incidental to a principal use permitted outright, such as private garages or parking areas for noncommercial vehicles only, conservatories for plants and flowers, but not including any business, trade or industry;
B.
Accessory Exceptions. The accessory exceptions for an open space district which may be authorized by the board of adjustment include only those customarily incidental to conditional exceptions allowed.
(Res. 13678 (Vol. 29, page 346)(part): Ord. 62678 (Vol. 29, page 354) § 2.5:3, 1978).
Conditional uses permitted in an open space district are as follows:
A.
Public, private and parochial schools and supporting dormitory facilities;
B.
Churches and other charitable organizations;
C.
Fire stations;
D.
Private clubs, lodges, convents, social or recreational buildings and community assembly halls, except those having a chief activity carried on for monetary gain; provided, that any buildings used for such purpose, shall be at least fifty feet distant from any adjoining lot; and, provided, that there be no external evidence of gainful activities, however incidental, nor an access to any space used for gainful activities other than from within the building;
E.
Railroad rights-of-way, but not yards or other similar facilities;
F.
Franchised and public utility and communication facilities, such as branch telephone exchanges, static transformers, booster stations, pumping stations; provided, there are no service or storage buildings or yards in connection therewith;
G.
Cemeteries, mausoleums and crematoriums;
H.
Quarries, mines and sand and gravel pits;
I.
Airports;
J.
Any other uses judged by the board of adjustment to be consistent with the purposes and intent of this chapter and to be no more detrimental to the adjacent properties than, and of the same type and character as, the above listed uses.
(Ord. 0031196 (Vol. 60, page 190) § 35(part), 1996; Res. 13678 (Vol. 29, page 346)(part): Ord. 62678 (Vol. 29, page 354) § 2.5:4, 1978).
At least one permanently maintained off-street parking space or a private garage shall be on the same lot as a dwelling, or be attached thereto or made a part of the main building.
(Res. 13678 (Vol. 29, page 346)(part): Ord. 62678 (Vol. 29, page 354) § 2.5:5, 1978).
In an open space zone the following signs are permitted:
A.
Residential. Nonflashing residential nameplates not exceeding sixty-four square inches bearing only the name and address of the occupant; nonflashing bulletin boards or signs not exceeding thirty square feet for quasi-public institutional or other buildings;
B.
Commercial. Advertising signs and outdoor advertising structures not exceeding three hundred square feet in area and not exceeding thirty-five feet in height. Signs may be illuminated but shall not be of a flashing or moving type;
C.
See also Section 19.56.050.
(Res. 13678 (Vol. 29, page 346)(part): Ord. 62678 (Vol. 29, page 355) § 2.5:6, 1978).
Density provisions for the open space district are:
A.
Maximum number of dwelling structures for permanent living per lot, one;
B.
Maximum height of buildings, two stories, but not to exceed forty feet;
C.
Minimum lot area, twenty acres;
D.
Minimum front yard depth, thirty feet;
E.
Minimum side yard, twenty-five feet;
F.
Minimum rear yard depth, fifty feet.
(Res. 13678 (Vol. 29, page 346)(part): Ord. 62678 (Vol. 29, page 355) § 2.5:7, 1978).
14 - OS OPEN SPACE DISTRICT
Sections:
The purpose of the open space district is to retain or conserve, insofar as is practicable and desirable, the open character of so designated land. The district is intended to provide for permanent open space and to safeguard the health, safety and welfare of the people by limiting development in areas where police and fire protection, protection against flooding by stormwaters, danger from excessive erosion and protection from possible health hazards created by sewage or septic tank drainfields, are not possible without excessive costs to the community. Therefore, in addition to the large open land areas for which this district is intended, the following may be placed within this district regardless of their present size or use:
A.
Areas too steep to build upon or where such building may cause a public hazard due to excessive erosion or flooding;
B.
Areas subject to flooding or inundation;
C.
Areas beyond fire servicing where development might endanger life and property, unless fire protection arrangements can be made with a fire district or the Department of Natural Resources, or adequate fire prevention equipment is provided by the developer;
D.
Areas with soil conditions that cannot withstand population concentrations.
(Res. 13678 (Vol. 29, page 346)(part): Ord. 62678 (Vol. 29, page 353) § 2.5:1, 1978).
Principal uses permitted outright in an open space district are as follows:
A.
Dwellings. Single-family dwellings including mobile homes and seasonal homes;
B.
Agriculture. All land use, activities, operations, buildings, structures and other facilities necessary for agriculture, dairying, grazing, horticulture, and the growing and harvesting of agricultural and other crops and timber; provided, however, that the aforementioned shall not include commercial or industrial processing, manufacturing, or packaging of food, dairy and other agricultural or horticultural products, except those sold at retail on the premises, and timber and wood products;
C.
Recreation. Ski resorts, parks, playgrounds, fishing lakes and fish rearing ponds, hunting preserves, golf courses, country clubs, riding academies and stables, camping clubs, recreations and conservation clubs and similar recreation uses permitted by the board;
D.
Conservation. Forest preserves, wildlife reservations, watershed protection areas, dams and flood-control structures, reservoirs, fish hatcheries.
(Ord. 0031196 (Vol. 60, page 190) § 32(part), 1996; Res. 10579 (Vol. 30, page 659)(part), 1979; Res. 13678 (Vol. 29, page 346)(part): Ord. 62678 (Vol. 29, page 353) § 2.5:2, 1978).
Accessory uses permitted in an open space district are as follows:
A.
General. Accessory uses customarily incidental to a principal use permitted outright, such as private garages or parking areas for noncommercial vehicles only, conservatories for plants and flowers, but not including any business, trade or industry;
B.
Accessory Exceptions. The accessory exceptions for an open space district which may be authorized by the board of adjustment include only those customarily incidental to conditional exceptions allowed.
(Res. 13678 (Vol. 29, page 346)(part): Ord. 62678 (Vol. 29, page 354) § 2.5:3, 1978).
Conditional uses permitted in an open space district are as follows:
A.
Public, private and parochial schools and supporting dormitory facilities;
B.
Churches and other charitable organizations;
C.
Fire stations;
D.
Private clubs, lodges, convents, social or recreational buildings and community assembly halls, except those having a chief activity carried on for monetary gain; provided, that any buildings used for such purpose, shall be at least fifty feet distant from any adjoining lot; and, provided, that there be no external evidence of gainful activities, however incidental, nor an access to any space used for gainful activities other than from within the building;
E.
Railroad rights-of-way, but not yards or other similar facilities;
F.
Franchised and public utility and communication facilities, such as branch telephone exchanges, static transformers, booster stations, pumping stations; provided, there are no service or storage buildings or yards in connection therewith;
G.
Cemeteries, mausoleums and crematoriums;
H.
Quarries, mines and sand and gravel pits;
I.
Airports;
J.
Any other uses judged by the board of adjustment to be consistent with the purposes and intent of this chapter and to be no more detrimental to the adjacent properties than, and of the same type and character as, the above listed uses.
(Ord. 0031196 (Vol. 60, page 190) § 35(part), 1996; Res. 13678 (Vol. 29, page 346)(part): Ord. 62678 (Vol. 29, page 354) § 2.5:4, 1978).
At least one permanently maintained off-street parking space or a private garage shall be on the same lot as a dwelling, or be attached thereto or made a part of the main building.
(Res. 13678 (Vol. 29, page 346)(part): Ord. 62678 (Vol. 29, page 354) § 2.5:5, 1978).
In an open space zone the following signs are permitted:
A.
Residential. Nonflashing residential nameplates not exceeding sixty-four square inches bearing only the name and address of the occupant; nonflashing bulletin boards or signs not exceeding thirty square feet for quasi-public institutional or other buildings;
B.
Commercial. Advertising signs and outdoor advertising structures not exceeding three hundred square feet in area and not exceeding thirty-five feet in height. Signs may be illuminated but shall not be of a flashing or moving type;
C.
See also Section 19.56.050.
(Res. 13678 (Vol. 29, page 346)(part): Ord. 62678 (Vol. 29, page 355) § 2.5:6, 1978).
Density provisions for the open space district are:
A.
Maximum number of dwelling structures for permanent living per lot, one;
B.
Maximum height of buildings, two stories, but not to exceed forty feet;
C.
Minimum lot area, twenty acres;
D.
Minimum front yard depth, thirty feet;
E.
Minimum side yard, twenty-five feet;
F.
Minimum rear yard depth, fifty feet.
(Res. 13678 (Vol. 29, page 346)(part): Ord. 62678 (Vol. 29, page 355) § 2.5:7, 1978).