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Middletown City Zoning Code

CHAPTER 17

28 - OPEN SPACE DISTRICT

17.28.010 - Purpose.

The OS district is intended to provide permanent open space for its natural beauty and recreational value. It is also intended to preserve natural resources, prevent erosion, pollution, silting and safeguard the health, safety and welfare of persons and property by limiting development on excessive slopes, on floodplains, on poorly drained lands, or on other areas where protection against natural dangers to life and property, or the lack of such protection, would prove costly to members of the community.

(Ord. 182 § 4.0.1, 1976)

17.28.020 - Uses permitted in the OS district.

No building or structure may be erected or used and no land may be used or occupied except for one or more of the following principal uses:

A.

Farms, tree and plant nurseries;

B.

Parks, playgrounds, golf courses, public and private recreational uses and cemeteries, and those accessory uses commonly associated with them;

C.

Game, wildlife, and nature study preserves and reservations;

D.

Schools, places of worship, community centers, museums, libraries and other public buildings, and those accessory uses commonly associated with them;

E.

Flood control, water protection works, sewage treatment plants and other municipal public works;

F.

Public safety services, subject to site development plan approval.

(Ord. No. 15-04-01, § I, 4-13-2015; Ord. No. 10-10-02, § VI, 10-25-2010; Ord. 07-01-01 § 2 (part), 2007: Ord. 182 § 4.0.2, 1976)

17.28.030 - Uses permitted by special exception.

The board of appeals may authorize the following principal uses as special exceptions in accordance with the provisions of Section 17.44.060 of this code:

A.

Greenhouse, nursery;

B.

Medical care facilities;

C.

Public utility buildings, structures and services.

(Ord. No. 15-04-01, § I, 4-13-2015; Ord. 08-05-01 § 1, 2008: Ord. 182 § 4.0.3, 1976)

17.28.040 - Required lot area, lot width, and yards in open space district.

A.

The following requirements apply in the OS district:

1.

Minimum area: not specified;

2.

Front yard: fifty (50) feet;

3.

Rear yard: fifty (50) feet;

4.

Side yard: fifteen (15) feet.

B.

For structures higher than twenty-five (25) feet, the yard requirements shall be as follows:

All yards: Between the foundation and the nearest lot line, a distance of 2.5 times the height of the structure shall be maintained.

(Ord. 182 § 4.1, 1976)

17.28.050 - Accessory uses in open space district.

General signs may be permitted as an accessory use in the OS district. See Section 17.36.010.

(Ord. 182 § 4.2, 1976)