Myersville City Zoning Code
ARTICLE V
Open Space District
§ 165-32 Intent.
The Open Space District is intended to provide permanent open space for its beauty and recreational value and to safeguard the health, safety, and welfare of the people by limiting development on excessive slopes, on floodplains, and on other areas where protection against flooding and excessive erosion are not possible without excessive cost to the community.
§ 165-33 Permitted uses.
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.
Parks and other recreation areas of a nonprofit nature.
B.
Agricultural uses.
C.
Forestation and wildlife preserves.
D.
Public buildings and facilities.
E.
Greenhouse, nursery. No sales to the public shall be permitted from the greenhouse or nursery.[1]
[Added 4-11-2017 by Ord. No. 2017-04]
[1]
Editor's Note: Former Subsection F, Recreational beekeeping, as amended, and former Subsection G, Recreational keeping of agricultural animals, as amended, which immediately followed this subsection, were repealed 9-14-2021 by Ord. No. 2021-04.
§ 165-34 Special exception uses.
[Amended 4-10-2012 by Ord. No. 2012-04; 4-11-2017 by Ord. No. 2017-04]
The Board of Appeals may authorize the following principal uses as special exceptions in accordance with § 165-87:
§ 165-35 Accessory uses.
§ 165-36 Special conditions.
For all uses in the OS District, the following requirements shall be met:
A.
All tree cutting shall meet the requirements of the Town Forest Conservation Ordinance.
[Amended 4-11-2017 by Ord. No. 2017-04]
B.
Clearing shall be permitted for the actual site of a building only.
C.
Clearing for a private driveway, not to exceed 20 feet in width, shall be permitted. Cuts and fills shall not exceed two feet.
D.
Soil conservation practices for erosion and siltation control as specified by the Soil Conservation Service shall be followed.
§ 165-37 Lot area, width and yard requirements.
[Amended 4-11-2017 by Ord. No. 2017-04]
There is no minimum lot size or lot width. However, all buildings must be set back at least 25 feet from any property or street line. Accessory buildings may be built within 15 feet of a side or rear property line; however, any building or feeding pen in which farm animals are kept shall be at least 200 feet from the nearest non-farm dwelling or residentially zoned lot.