Mount Hope City Zoning Code
ARTICLE V
Regulations for Residential Districts
§ 250-22 Principal uses.
A.
Within any residential district, a building, structure or lot shall only be used for one of the principal uses indicated in the Schedule of District Regulations,[1] for the specific district in which it is located on the Zoning Map, and in accordance with the particular classification of that use in that district. Further, any such buildings, structures or lots shall only be utilized in conformance with the provisions of the above said schedule. In addition, such use shall also comply with all other applicable provisions of this chapter. When a residence is situated on a lot, that structure shall be deemed the only principal structure on the lot; all others being accessory thereto.
[1]
Editor's Note: Said schedules are included as attachments to this chapter.
B.
Within any residential district, all uses other than single-family-detached residential uses and agriculture shall require site plan approval by the Planning Board.
§ 250-23 Prohibited uses.
In all residential zones, no building, structure or lot shall be used in whole or in part for any trade, business, industry or process which is noxious or offensive by reason of the production or emission of smoke, noise, gas, odor, dust, refuse matter, vibration or excessive light beyond the limits of its lot, so as to be dangerous or prejudicial to the public health, safety or general welfare of the Town. Agricultural uses shall not be deemed to be prohibited based upon this section.
§ 250-24 Accessory uses.
Special requirements for certain uses:
A.
Garden house, toolhouse, wading or swimming pool not operated for gain, provided that such accessory use shall not be located in any front yard.
B.
Keeping of certain customary household pets is addressed as follows: small animals typically kept as household pets and not customarily adapted to being harbored outdoors, including but not limited to canaries, captive reptiles, ferrets, gerbils, and Vietnamese potbellied pigs are not regulated by this chapter, provided that they are maintained within the house and are not being bred on a large scale and/or for commercial purposes. Notwithstanding the foregoing, animal wastes resulting from such pets shall be removed and handled in a manner which does not result in a public nuisance nor danger to public health. Keeping of dogs and certain other animals is addressed separately below.
(1)
Keeping of dogs and certain other animals is permitted accessory to a residential lot subject to the following restrictions:
(a)
Dogs. Not more than six adult dogs shall be kept as an accessory to a residential use on any lot.
(b)
Accessory to any residential use on a lot not less than two acres in size, properly confined and maintained:
[1]
Two horses or two goats or two sheep or two cows or two calves or any mixture of the above up to two for the first two acres, with one additional of any of the above animals for each additional acre.
[2]
Not more than 20 fowl, with permitted fowl being limited to chickens, guinea fowl, geese, ducks, birds of prey, pigeons, or similar fowl. Large birds/ratitae (including, but not limited to, ostriches or emus) shall not be permitted outside of a district in which agricultural uses are permitted under this chapter. Harboring of breeds of birds such as pheasants or peafowl which are likely to create a nuisance, is prohibited.
(2)
It is prohibited to keep certain animals strictly as an accessory to a residential use and not part of a bona fide agricultural operation where the same is otherwise permitted by this chapter. These animals include, but are not limited to, swine, peafowl of either sex, and mink.
(3)
Accessory structures such as noncommercial greenhouses are permitted if a bona fide accessory to a residence, except that no blowers, heaters, or mechanical equipment associated therewith shall be maintained less than 100 feet from any property line.
§ 250-25 Conditional uses.
Special requirements for conditional uses are specified in § 250-61.
§ 250-26 RP and RA Residential Districts.
Regulations pertaining to RP and RA Residential Districts only:
A.
Principal permitted uses. The growing of crops and keeping of fowl and livestock on lots meeting the bulk requirements set forth in the Town of Mount Hope Schedule of District Regulations[1] is permitted subject to the requirements set forth in § 250-20 of this chapter.
[1]
Editor's Note: Said schedules are included as attachments to this chapter.
B.
Accessory uses.
(1)
On premises where the principal use is agriculture, the sale of agricultural products grown on said premises may be conducted within a seasonal roadside stand located on such premises. Such stand shall not exceed one story in height, nor 1,000 square feet in floor area, and must be located at least 50 feet from any street line.
(2)
The outside storage of farm and earthmoving equipment is permitted, provided such equipment is kept beyond the required minimum front, side and rear yards and to the rear or side of a structure located within 100 feet of a street line.
§ 250-27 Lot areas in RP District.
Lot area regulations pertaining to RP District only:
A.
The minimum lot size for a principal or conditional use shall be determined by the following formula, or shall be a minimum of the area indicated for such use in the Minimum Lot Area column of Schedules 1 and 2,[1] whichever is greater.
300 x A x B x C X D = square feet of lot area | ||
Where: | ||
A | = | average elevation in feet above sea level at mid-point of lot as measured from high point to low point of elevation of lot |
B | = | slope factor (derived from the companion chart below) |
Slope factor: average slope (as measured perpendicular to the contours from high point to low point of lot) | ||
0% to 15%: | factor of 1 | |
>15% to 20%: | factor of 2 | |
>20% to 25%: | factor of 3 | |
>25% to 30%: | factor of 4 | |
>30% to 35%: | factor of 5 | |
>35% to 40%: | factor of 6 | |
>40% to 45%: | factor of 7 | |
>45% to 50%: | factor of 8 | |
>50% and up: factor of 10 | ||
C | = | deed restriction on limitation of external treatment of buildings as described below is a factor of 0.5 (otherwise, use factor of 1): limitation of coloration of roofing and siding materials to earth colors (i.e., subdued brown, gray, green), and restrictions on use of white, bright or pastel colors |
D | = | deed restriction on limitation of tree clearance to 15,000 square feet is a factor of 1.0. Tree clearance in excess of 15,000 square feet, use a factor of 2. |
[1]
Editor's Note: Said schedules are included as attachments to this chapter.
§ 250-28 Lots in RA, SR, LB, and LB-2 Districts.
Bulk area regulations for lots in the RA, SR, LB, and LB-2 Districts:
A.
The maximum number of lots and minimum lot area for single-family dwellings in the RA, SR, LB, and LB-2 Districts shall be determined by the use of the following formulas, but, in any event, no lot shall have less than the area indicated in the minimum lot area column of Schedules 3, 4, 5 and 6.[1]
[1]
Editor's Note: Said schedules are included as attachments to this chapter.
B.
The basis of the environmental control formula shall be determined by the classification of soil types into 15 soil groups; each soil group shall be assigned an environmental factor related to its ability to support sewage disposal systems. (See the following Soils Table.) These factors shall be applied to site acreage in each soil group to determine the maximum number of permitted lots and minimum permitted lot sizes as set forth in Subsections D and E.
Soils Table | |||
|---|---|---|---|
Soil Group Type | Environmental Factor | Minimum Lot Size (acres) | |
I | can, CnB, CnC, HoA, HoB, HoC, OkA, OkB, OtB, OtC, RhA, RhB, RhC | 2.0 | 0.5 |
II | AdA, AdB, UnB | 1.35 | 0.75 |
III | ChB, ChC, PtB, PtC | 1.0 | 1.0 |
IV | CgA, CgB, MdB, MdC, SwB, SwC, WuB, WuC | 0.71 | 1.4 |
V | CoB, ScA, ScB | 0.067 | 1.5 |
VI | BnB, BnC, CLC, SXC | 0.67 | 1.5 |
VII | ErA, ErB, ESB, Fd, Ra, RbA, RbB | 0.33 | 3.0* |
VIII | ANC, FAC, HLC, LdB, LdC, RKC, ROC, RMC, RSB | 0.33 | 3.0* |
IX | Ab, AC, Ca, Ha, Ma, Sb | 0.17 | No Septic System Allowed |
X | Be, My, Tg, Su, Uf, Wa, Wd | 0.1 | No Septic System Allowed |
XI | CoC, UnC | 0.17 | 5.8* |
XII | AND, ANF, CLD, HLD, HoD, MdD, NaD, OtD, PtD, RhD, RKD, RMD, ROD, RSD, SwD, SXD | 0.33 | No Septic System Allowed |
XIII | CoD, OVE, MNE, RKF, ROF, RSF, SXF | 0.17 | No Septic System Allowed |
XIV | Cd, Ce, Pa, Pb | 0.1 | No Septic System Allowed |
XV | Cf, HH, water | 0.1 | No Septic System Allowed |
NOTES: | |
* | See Appendix A for a further explanation of these soil groups, which Appendix A is hereby incorporated by reference.[2] |
[2]
Editor's Note: Said schedules are included as attachments to this chapter.
C.
The environmental control formula shall be calculated as follows:
Soil Group Environmental Factor | X | Total Acreage in Soil Group | = | Environmental Acreage Quota or Maximum Number if Lots Permitted |
D.
Procedure for determining the maximum number of lots permitted shall be as follows:
(1)
Select soil types which are found on the site in question, and thereby the soil group.
(2)
Calculate the acreage in each soil group.
(4)
Calculate each environmental acreage quota by multiplying each environmental factor by the acreage in each soil group.
(5)
Total the environmental acreage quotas. This shall be the maximum number of lots permitted. Any fractional value shall be determined to be equal to the next lowest whole number (i.e., if an environmental acreage quota is equal to 2.61, the maximum permitted number of lots is equal to two).
E.
The procedure for determining the minimum lot size shall be as follows:
(1)
Delineate the various soil types and soil groups on the subdivision plat.
(2)
The lot size shall be determined by establishing which soil type, and thereby which soil group, the proposed septic system is proposed to be placed on.
(a)
To obtain the various lot sizes, Subsection B, Column 4, entitled "Minimum Lot Size," shall be applied (i.e., if the septic system is on a Group IV soil, the minimum lot size would be 1.4 acres).
(b)
If the proposed septic system is in two or more different soil groups, the minimum lot size for the most restrictive soil group shall be utilized.