(Amended 5-12-2008 by Ord. No. 389; 9-29-2008 by Ord. No. 393; 6-6-2011 by Ord. No. 407; Ord. No. 423, § 1, 4-7-2014; Ord. No. 424, § 2, 6-9-2014; Ord. No. 429, § 4, 12-8-2014; Ord. No. 435, § 3, 6-1-2015; Ord. No. 450, § 1, 5-1-2017; Ord. No. 451, § 1, 5-1-2017; Ord. No. 452, § 1, 6-5-2017; Ord. No. 456, § 1, 1-2-2018; Ord. No. 460, § 1, 10-1-2018; Ord. No. 482 , § III, 8-1-2022)

1 Permitted as an accessory use to only HOTEL, MOTEL, AND HOTEL-OFFICE COMPLEXES.

2 Permitted as an accessory use to only HOTEL, MOTEL, AND HOTEL-OFFICE COMPLEXES.

(Amended 5-12-2008 by Ord. No. 389; 9-29-2008 by Ord. No. 393; Ord. No. 423, § 2, 4-7-2014; Ord. No. 429, § 5, 12-8-2014)

Area and BULK Standards Table for Residential DISTRICTS

SF-D — Single-FAMILY Detached; SF-A — Single FAMILY Attached; P — Principal STRUCTURE; A — Accessory STRUCTURE

* TZO multi-family residential developments will follow site capacity for conservation areas and determining number of units. Density will be based on the maximum gross density permitted for apartments and townhouses in the MDR District.

Area and BULK Standards Table for Non-Residential DISTRICTS

1 For LOTS that do not have public sewer and public water facilities.

2 For LOTS greater than 40,000 square feet in area.

3 No more than 50% of the LOTS in the CR Conservation SUBDIVISION cluster option are permitted to be less than 20,000 square feet in area.

4 The minimum lot area is 4 acres. Within that lot, a "BUILDING ENVELOPE" of no more than one acre will include all land that is to be disturbed.

5 The maximum IMPERVIOUS SURFACE RATIO is 18% of the one-acre BUILDING ENVELOPE.

6 If adjoining a lot which contains a single-family dwelling outside the MDR ZONING DISTRICT, the required minimum SETBACK is 50 feet.

7 (a) Additional BULK and Area Standards are found in Article 2600 for particular CONDITIONAL USES. The specific BULK and area standards for CONDITIONAL USES supersede the more general standards set forth in this table.
 (b) Off-STREET PARKING AREAS shall be subject to the minimum YARD SETBACK requirements established for principal BUILDINGS/STRUCTURES within each sub-district.
 (c) The maximum BUILDING SETBACK may be exceeded when a DEVELOPMENT incorporates enhanced pedestrian SPACES and amenities. Enhanced pedestrian SPACES or amenities shall consist of more than one of the following: plazas, courtyards, arcades, outdoor seating AREAS, widened sidewalks, shelters, STREET furniture and public art.

8 Parcel consolidation is encouraged. If public water and sewer are not available, the minimum LOT size is one (1) acre.

9 A portion may be outside the TOWNSHIP

10 No one-STORY (single STORY) BUILDING shall exceed the GROSS FLOOR AREA (GFA) listed by the respective District.

11 (a) A LOT may support multiple PRINCIPAL BUILDINGS, provided the grouping of BUILDINGS are Designed as a unified series (architecturally related) and incorporate a formal public plaza(s) and other SITE Design features serving to unify elements on the SITE and create a pedestrian environment.
  (b) Where a LOT contains more than one principal BUILDING, the distance between each BUILDING shall be a minimum of twenty (20) feet in width. A defined pedestrian corridor shall be created between each BUILDING providing access to the area in the rear of the BUILDING. The opening shall feature public amenities including among others, an outdoor plaza with public seating, concrete pavers or brick courtyard, shade TREES calculated at a rate of one (1) tree per forty (40) feet of BUILDING length, UNDERSTORY TREES calculated at rate of two (2) per forty (40) feet of BUILDING length, and other landscape features to be incorporated into the Design of the BUILDING. This plant material shall be Used to create an inviting pedestrian space. This area shall also be lighted with pedestrian scale lighting.

12 For attached single family DWELLINGS zero (0) SIDE LOT LINE shall be permitted.

13 The Board of Supervisors may through conditional USE approval, permit the increase in IMPERVIOUS SURFACE RATIO beyond the maximum for two or multi-STORY BUILDINGS, if the proposed two or multi-STORY CONSTRUCTION exhibits the form and character presented in this Article.

14 The intent is to encourage vertical (two-STORY) CONSTRUCTION rather than horizontal one-STORY PRINCIPAL BUILDINGS.

(Amended 5-12-2008 by Ord. No. 389; Ord. No. 429, § 6, 12-8-2014; Ord. No. 445, § 1, 12-12-2016)

A.

FENCES:

1.

FENCES, provided that their height shall be limited to four (4) feet in the FRONT YARD and six (6) feet in side and REAR YARDS, except that these provisions shall not apply to agricultural USES or the keeping of horses and ponies.

2.

FENCES are not subject to the minimum YARD SETBACK requirements and may be located up to the property line. The finished side of the FENCE shall face the adjoining property or public STREET where applicable.

3.

All FENCES shall be constructed of customary fencing materials, but shall exclude chain link fencing in FRONT YARDS. In no AREAS of any YARD shall fencing ordinarily Used for CONSTRUCTION activity, such as silt FENCES or temporary CONSTRUCTION FENCES be permitted, except during the time when such CONSTRUCTION activity is being performed.

B.

HOME OCCUPATIONS and No Impact Home-Based Businesses:

1.

HOME OCCUPATIONS. All proposed home occupation USES, including the expansion or replacement of an existing USE or STRUCTURE, shall conform to the performance standards below, as well as all other applicable laws and regulations of the county, state and federal government.

(a)

The home occupation and its associated STRUCTURES shall conform to all applicable standards for the ZONING DISTRICT.

(b)

HOME OCCUPATIONS shall be conducted entirely within the residence or within an accessory STRUCTURE. The area Used for the home occupation shall not exceed twenty-five percent (25%) of the GROSS FLOOR AREA of the residence.

(c)

The home occupation shall in no way cause the residential appearance or character of the premises to differ from the surrounding residential area. HOME OCCUPATIONS shall not be conducted in such a manner as to produce noise, dust, vibration, GLARE, smoke or smell, electrical interference, fire hazard, traffic or any other nuisance not typically experienced in the ZONING DISTRICT where the property is located.

(d)

No USE shall require internal or external CONSTRUCTION features or the USE of electrical, mechanical or other equipment that would change the fire rating of the STRUCTURE or in any way Significantly increase the fire danger to neighboring STRUCTURES or residences.

(e)

No outside storage of material, goods, supplies or equipment related to the operation of the home occupation shall be allowed.

(f)

Merchandise shall be limited only to products manufactured or substantially altered on the premises or to incidental supplies necessary for the conduct of home occupation. Items shall not be purchased off-SITE for resale.

(g)

To the extent that there is any sale of any item related to a home occupation, delivery of that item to the buyer should occur off the premises.

(h)

The home occupation shall not employ more than one (1) nonresident EMPLOYEE.

(i)

Any need for parking generated by the home occupation shall be off-STREET and in the side or REAR YARD of the STRUCTURE. The Zoning Officer shall determine the number of PARKING SPACES required based on the parking provisions of this Chapter.

(j)

No commercial vehicle shall be Used in connection with the home occupation for delivery of goods to or from the premises, nor parked on the property. This provision does not preclude the delivery of mail or packages by the Postal Service or by private or public shipping and courier services. HOME OCCUPATIONS shall not generate more than an average of one (1) truck delivery per day.

(k)

No more than one (1) home occupation per residence shall be allowed and it must be conducted by the occupant.

(l)

HOME OCCUPATIONS that attract customers, clients or students to the premises shall not be allowed in multifamily DWELLING UNITS.

(m)

The business may not involve any illegal activity.

(n)

The following USES are not appropriate as HOME OCCUPATIONS and are not permitted:

(1)

Vehicle or boat repair or painting.

(2)

CONSTRUCTION equipment or materials storage.

(3)

Equipment or vehicle rental.

(4)

Furniture sales.

(5)

Funeral director, mortuary or undertaker.

(6)

Glazier's or painter's shop.

(7)

Heating, plumbing or air-conditioning services.

(8)

Laboratory or taxidermy shop.

(9)

Medical clinic or laboratory, or MEDICAL OFFICE.

(10)

Private club.

(11)

Restaurant.

(12)

CHILD DAY CARE.

2.

No-impact home based business. No-impact home based businesses are permitted by right in all residential ZONING DISTRICTS as long as the business or commercial activity satisfies the following requirements:

(a)

The business activity shall be compatible with the RESIDENTIAL USE of the property and surrounding RESIDENTIAL USES.

(b)

The business shall employ no EMPLOYEES other than FAMILY members residing in the DWELLING.

(c)

There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.

(d)

There shall be no outside appearance of a business USE, including but not limited to, parking, SIGNS or lights, except that the name of the business may be indicated on the residence mailbox, as long as the mailbox SIGN does not exceed one (1) square foot in area.

(e)

The business activity may not USE any equipment or process which creates noise, vibration, GLARE, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in a neighborhood.

(f)

The business activity may not generate any solid wastes or sewage discharge in volume or type which is not normally associated with RESIDENTIAL USE in the neighborhood.

(g)

The business activity shall be conducted only within the DWELLING and may not occupy more than twenty-five (25%) percent of the GROSS FLOOR AREA.

(h)

The business may not involve any illegal activity.

C.

Keeping/Stabling of Horses or Ponies for private USE: The keeping/stabling of horses or ponies shall meet the following requirements and shall conform to the performance standards below:

1.

At least three (3) but less than four (4) acres: maximum of two (2) horses or ponies.

2.

At least four (4) but less than five (5) acres: maximum of three (3) horses or ponies.

3.

At least five (5) acres: no limit on horses or ponies.

4.

No manure storage shall be established any closer than one hundred (100) feet to any property line.

5.

Horse barns, stables or STRUCTURES for the storage of food and hay shall not be constructed closer than one hundred (100) feet to any property line.

D.

Passenger Shelters.

1.

Passenger shelters, for public conveyance, shall be no more than one hundred fifty (150) square feet in floor area and no more than twelve (12) feet in height. No shelter may be so located as to obstruct the sight triangle distance at an intersection along a public RIGHT-OF-WAY.

E.

Accessory Dwelling Unit.

1.

Accessory dwelling units include: caretaker's quarters, guest quarters, and mother-in-law suites.

2.

Accessory Dwelling Units, when located within a building detached and separate from the principal dwelling shall have a minimum lot area equal to the product of the minimum lot area of the district multiplied by the number of separate housekeeping units on the lot.

3.

All yard requirements of this Chapter shall be met by both the principal dwelling and the accessory dwelling unit.

4.

Rental or leasing of any accessory dwelling unit shall not be permitted.

F.

Swimming Club. Swimming clubs shall meet the following requirements and shall conform to the performance standards below:

1.

The pool is intended solely for the enjoyment of the members and families and guests of members of the association or club under whose Ownership or jurisdiction the pool is operated.

2.

The pool and accessory STRUCTURES thereto, including the AREAS Used by the bathers, shall not be closer than one hundred (100) feet to any property line of the property on which located.

3.

The swimming pool and all of the area Used by bathers shall be so walled or Fenced as to prevent uncontrolled access by children from the STREET or adjacent properties. The said FENCE or wall shall not be less than six (6) feet in height, and it shall be maintained in good condition. The area surrounding the enclosure, except for the PARKING SPACES, shall be suitably landscaped with grass, hardy shrubs and TREES, and it shall be maintained in good condition.

G.

SWIMMING POOL, PRIVATE. Swimming pools shall meet the following requirements and shall conform to the performance standards below:

1.

The pool is intended and is to be Used solely for the enjoyment of the occupants of the principal USE of the property on which it is located.

2.

The pool, including any deck AREAS or accessory STRUCTURES, must meet all YARD and SETBACK requirements.

3.

The swimming pool, or the entire property on which it is located, shall be so walled or Fenced so as to prevent uncontrolled access by children from the STREET or from adjacent properties. Said FENCE or wall shall be not less than four (4) feet in height and it shall be maintained in good condition.

H.

USES accessory to AGRICULTURE or HORTICULTURE. When the principal USE is agricultural or horticultural or the production or keeping of FARM animals such as cattle, hogs, goats or sheep, all ACCESSORY BUILDINGS customarily incidental to them shall be permitted, with the following requirements:

1.

To qualify as agricultural USE or for the production and keeping of FARM animals, the minimum LOT size shall be five (5) acres.

2.

No barn LOT, mushroom house or manure storage shall be established any closer than one hundred (100) feet to any property line.

3.

The number of DWELLINGS permitted on a FARM shall not be limited, provided that density does not exceed one (1) single-FAMILY DWELLING per ten (10) acres and that DWELLINGS shall be separated by a minimum of two hundred (200) feet for USE by resident FARM workers or FAMILY members.

4.

Silos and BULK bins shall be exempted from area and BULK regulations when attached to an existing BUILDING.

5.

FARM BUILDINGS and other STRUCTURES shall not be constructed closer than one hundred (100) feet to any property line.

6.

All other new CONSTRUCTION, including STRUCTURES for temporary storage of feeds, shall conform to SETBACK requirements.

7.

Display and sale of FARM products shall be permitted, provided that:

(a)

At least fifty percent (50%) of such products shall have been produced on the property on which they are offered for sale.

(b)

PARKING SPACE for at least three (3) cars shall be provided no closer than twenty (20) feet from the highway RIGHT-OF-WAY.

(c)

Sale of FARM products shall be conducted from a portable stand, dismantled at the end of the growing season, or from a permanent BUILDING, under the following conditions:

(i)

Such permanent BUILDING shall be located at least one hundred (100) feet from the RIGHT-OF-WAY line of the road or fifty (50) feet if such permanent BUILDING, in the opinion of the Zoning Officer, resembles a FARM outbuilding. Such portable stand shall be located at least twenty-five (25) feet from the edge of the cartway; and

(ii)

PARKING SPACE shall be provided behind the highway RIGHT-OF-WAY line at the ratio of one (1) space for each three hundred (300) square feet of BUILDING floor area, but in no case fewer than three (3) SPACES.

(Amended 9-29-2008 by Ord. No. 393)