SINGLE-FAMILY RESIDENTIAL, R-O, R-OA, R-1, R-1A8
Note— See the editor's note to Art. V.
This R-O, R-OA, R-1 and R-1A district is composed of certain quiet, low-density, residential areas plus certain areas where similar residential development appears likely to occur. The regulations for this R-O, R-OA, R-1 and R-1A district are designed to stabilize and protect the essential characteristics of the R-O, R-OA, R-1 and R-1A district, to promote and encourage a suitable environment for family life where there are children, and prohibit all activities of a commercial nature. To these ends development is limited to relatively low concentrations, and permitted uses are limited basically to single unit dwellings providing homes for the residents plus certain additional uses such as schools, parks, churches and certain public facilities that serve the residents of the R-O, R-OA, R-1 and R-1A district.
(Code 1999, § 9-91)
(a)
Any agricultural use in the R-O, R-OA, R-1 and R-1A district, nonconforming or otherwise, shall:
(1)
Utilize best management practices whenever possible.
(2)
Maintain a five-foot wide grass strip on-site along all rights-of-way and streams to slow down runoff waters and filter out sediment.
(b)
Any forestal use in the R-O, R-OA, R-1 and R-1A districts, whether nonconforming or otherwise, in order to maintain a rural environment in those areas of the county designated for residential and commercial development, shall not commence commercial timbering of lands zoned R-O, R-OA, R-1 or R-1A until a plan for development (subdivision or site or reforestation plan) has been approved by the planning commission or the zoning administrator, as the case may be. Any plan for reforestation shall require a posting of a bond in an amount sufficient to reforest the area based on current per acre estimate of reforestation by the state department of forestry. No commercial timbering shall be allowed in any development once any lot in the development has been sold.
(Code 1999, § 9-92)
In the single-family residential R-O, R-OA, R-1 and R-1A districts, structures to be erected or land to be used shall be for one or more of the following uses:
(1)
Community center with an approved site plan.
(2)
Construction trailers and/or portable or temporary buildings for offices, storage facilities, public and semipublic uses, and such use shall be in conjunction with a bona fide construction project for which a building permit has been issued, the development of an approved subdivision, or highway or public works construction projects. In addition, the following conditions shall apply:
a.
The temporary structure shall be located in conformance with all applicable requirements of this chapter.
b.
The temporary structure shall not be used as temporary living quarters at any time.
c.
The use shall be allowed for a period of one year or 30 days beyond the date of the issuance of a certificate of occupancy for the permanent structure, whichever occurs first.
d.
Upon evidence that the completion of construction is imminent, the zoning administrator may grant one 30-day time extension.
e.
The zoning administrator retains the right to have the use removed if, at any time, the applicant violates the conditions set forth in this section.
f.
The zoning administrator retains the right to require a site plan.
(3)
Parks and playgrounds with an approved site plan.
(4)
Public utilities other than those requiring a conditional use permit under the provisions of section 98-294 with an approved site plan.
(5)
Public schools with an approved site plan.
(6)
Radio, television or communication towers not exceeding 50 feet in height and satellite dishes provided any of these uses are located in the rear yard of a principal permitted use.
(7)
Single-family dwellings.
(8)
Subdivisions of single-family dwellings.
(9)
Horsekeeping, provided that the following conditions are met:
a.
The keeping of horses shall not be specifically prohibited in restrictive covenants and deed restrictions applicable to the property.
b.
The keeping of horses shall be accessory to a single-family residential unit and solely for the recreational purposes of the family living on the premises. Riding stables and the boarding of horses which are not owned by the resident family whether for commercial purposes or not shall be prohibited.
c.
The minimum parcel size for keeping horses shall be three useable acres on which one horse may be kept. Additional horses may be kept at a ratio of one horse for each additional two acres to a maximum of ten horses. Useable acreage excludes Chesapeake Bay Resource Protection Areas and buffers adjacent to public water supplies as required in subsection e. of this section.
d.
A stable must be provided for the housing of all horses. Any stable or structure used for the keeping of such animals shall meet the following setback requirements:
Side: Twenty-five feet.
Rear: Fifty feet.
Street setback: Seventy-five feet from the right-of-way line.
Principal structure: Twenty feet.
All pastures, runs, or similar areas used for horse keeping shall be surrounded by secure fencing. Fences shall not block site triangle easements.
f.
Horses shall not be stabled, pastured, or otherwise kept within 1,000 feet of a drinking water reservoir unless it can be proven to the satisfaction of the health department and the zoning administrator that any runoff will be away from the reservoir and that public health will not be negatively impacted. In such cases, a 200-foot buffer must be maintained. This shall not be interpreted to preclude the riding of horses or establishment of bridle trails closer than the specified distance provided that the health department and owner of the reservoir approve.
g.
Manure or animal wastes shall not be stored, stockpiled, or permitted to accumulate within a designated Chesapeake Bay Resource Protection Area.
h.
The zoning administrator retains the right to require removal of some or all of the horses if, at any time, the applicant violates the conditions set forth above.
(Code 1999, § 9-93; Ord. No. O-01-03(R2), 3-10-2003)
In the R-O, R-OA, R-1 and R-1A single-family residential district, structures to be erected or land to be used for one or more of the following uses shall be permitted only after the issuance of a conditional use permit by the board of supervisors:
(1)
Bed and breakfast/home stay establishment.
(2)
Cemeteries with an approved site plan.
(3)
Childcare center with an approved site plan.
(4)
Churches, synagogues and other houses of worship shall only be located on rights-of-way classified as residential collectors.
(5)
Golf courses/country club with an approved site plan.
(6)
Keeping or raising horses as an accessory use to a single-family dwelling where not specifically prohibited within restrictive covenants or minimum parcel size of three useable acres criteria established in section 98-293(9) cannot be met.
(7)
Private schools with approved site plan.
(8)
Public or private electrical generation facilities, electrical substations with a capacity of 5,000 kilovolt amperes or more, and electrical transmission lines capable of transmitting 69 kilovolts or more with an approved site plan.
(9)
Public or private transmission pipelines, including pumping stations and accessory storage for natural gas, propane gas, petroleum products, chemicals, slurry coal and any other gases, liquids or solids with an approved site plan, except that private connections to existing pipelines which are intended to serve an individual residential or commercial customer and which are accessory to existing or proposed development are permitted generally and without a conditional use permit.
(10)
Public or private water and sewer facilities including, but not limited to, treatment plants, pumping stations, storage facilities and transmission mains with an approved site plan, except that private connections to existing mains which are intended to serve an individual residential or commercial customer and which are accessory to existing or proposed development are permitted generally and without a conditional use permit.
(11)
Railroad facilities including tracks, bridges, switching yards and stations with an approved site plan, except that spur lines which are to serve and are accessory to existing or proposed development adjacent to existing railroad rights-of-way and track and safety improvements in existing railroad rights-of-way are permitted generally and without a conditional use permit.
(12)
Water impoundments for public or private use of 50 acres or more and a dam height of 25 feet or more with an approved site plan.
(Code 1999, § 9-94; Ord. No. O-01-03(R2), 3-10-2003)
Accessory buildings in the R-O, R-OA, R-1 and R-1A district shall have a side and rear yard of not less than five feet.
(Code 1999, § 9-95)
SINGLE-FAMILY RESIDENTIAL, R-O, R-OA, R-1, R-1A8
Note— See the editor's note to Art. V.
This R-O, R-OA, R-1 and R-1A district is composed of certain quiet, low-density, residential areas plus certain areas where similar residential development appears likely to occur. The regulations for this R-O, R-OA, R-1 and R-1A district are designed to stabilize and protect the essential characteristics of the R-O, R-OA, R-1 and R-1A district, to promote and encourage a suitable environment for family life where there are children, and prohibit all activities of a commercial nature. To these ends development is limited to relatively low concentrations, and permitted uses are limited basically to single unit dwellings providing homes for the residents plus certain additional uses such as schools, parks, churches and certain public facilities that serve the residents of the R-O, R-OA, R-1 and R-1A district.
(Code 1999, § 9-91)
(a)
Any agricultural use in the R-O, R-OA, R-1 and R-1A district, nonconforming or otherwise, shall:
(1)
Utilize best management practices whenever possible.
(2)
Maintain a five-foot wide grass strip on-site along all rights-of-way and streams to slow down runoff waters and filter out sediment.
(b)
Any forestal use in the R-O, R-OA, R-1 and R-1A districts, whether nonconforming or otherwise, in order to maintain a rural environment in those areas of the county designated for residential and commercial development, shall not commence commercial timbering of lands zoned R-O, R-OA, R-1 or R-1A until a plan for development (subdivision or site or reforestation plan) has been approved by the planning commission or the zoning administrator, as the case may be. Any plan for reforestation shall require a posting of a bond in an amount sufficient to reforest the area based on current per acre estimate of reforestation by the state department of forestry. No commercial timbering shall be allowed in any development once any lot in the development has been sold.
(Code 1999, § 9-92)
In the single-family residential R-O, R-OA, R-1 and R-1A districts, structures to be erected or land to be used shall be for one or more of the following uses:
(1)
Community center with an approved site plan.
(2)
Construction trailers and/or portable or temporary buildings for offices, storage facilities, public and semipublic uses, and such use shall be in conjunction with a bona fide construction project for which a building permit has been issued, the development of an approved subdivision, or highway or public works construction projects. In addition, the following conditions shall apply:
a.
The temporary structure shall be located in conformance with all applicable requirements of this chapter.
b.
The temporary structure shall not be used as temporary living quarters at any time.
c.
The use shall be allowed for a period of one year or 30 days beyond the date of the issuance of a certificate of occupancy for the permanent structure, whichever occurs first.
d.
Upon evidence that the completion of construction is imminent, the zoning administrator may grant one 30-day time extension.
e.
The zoning administrator retains the right to have the use removed if, at any time, the applicant violates the conditions set forth in this section.
f.
The zoning administrator retains the right to require a site plan.
(3)
Parks and playgrounds with an approved site plan.
(4)
Public utilities other than those requiring a conditional use permit under the provisions of section 98-294 with an approved site plan.
(5)
Public schools with an approved site plan.
(6)
Radio, television or communication towers not exceeding 50 feet in height and satellite dishes provided any of these uses are located in the rear yard of a principal permitted use.
(7)
Single-family dwellings.
(8)
Subdivisions of single-family dwellings.
(9)
Horsekeeping, provided that the following conditions are met:
a.
The keeping of horses shall not be specifically prohibited in restrictive covenants and deed restrictions applicable to the property.
b.
The keeping of horses shall be accessory to a single-family residential unit and solely for the recreational purposes of the family living on the premises. Riding stables and the boarding of horses which are not owned by the resident family whether for commercial purposes or not shall be prohibited.
c.
The minimum parcel size for keeping horses shall be three useable acres on which one horse may be kept. Additional horses may be kept at a ratio of one horse for each additional two acres to a maximum of ten horses. Useable acreage excludes Chesapeake Bay Resource Protection Areas and buffers adjacent to public water supplies as required in subsection e. of this section.
d.
A stable must be provided for the housing of all horses. Any stable or structure used for the keeping of such animals shall meet the following setback requirements:
Side: Twenty-five feet.
Rear: Fifty feet.
Street setback: Seventy-five feet from the right-of-way line.
Principal structure: Twenty feet.
All pastures, runs, or similar areas used for horse keeping shall be surrounded by secure fencing. Fences shall not block site triangle easements.
f.
Horses shall not be stabled, pastured, or otherwise kept within 1,000 feet of a drinking water reservoir unless it can be proven to the satisfaction of the health department and the zoning administrator that any runoff will be away from the reservoir and that public health will not be negatively impacted. In such cases, a 200-foot buffer must be maintained. This shall not be interpreted to preclude the riding of horses or establishment of bridle trails closer than the specified distance provided that the health department and owner of the reservoir approve.
g.
Manure or animal wastes shall not be stored, stockpiled, or permitted to accumulate within a designated Chesapeake Bay Resource Protection Area.
h.
The zoning administrator retains the right to require removal of some or all of the horses if, at any time, the applicant violates the conditions set forth above.
(Code 1999, § 9-93; Ord. No. O-01-03(R2), 3-10-2003)
In the R-O, R-OA, R-1 and R-1A single-family residential district, structures to be erected or land to be used for one or more of the following uses shall be permitted only after the issuance of a conditional use permit by the board of supervisors:
(1)
Bed and breakfast/home stay establishment.
(2)
Cemeteries with an approved site plan.
(3)
Childcare center with an approved site plan.
(4)
Churches, synagogues and other houses of worship shall only be located on rights-of-way classified as residential collectors.
(5)
Golf courses/country club with an approved site plan.
(6)
Keeping or raising horses as an accessory use to a single-family dwelling where not specifically prohibited within restrictive covenants or minimum parcel size of three useable acres criteria established in section 98-293(9) cannot be met.
(7)
Private schools with approved site plan.
(8)
Public or private electrical generation facilities, electrical substations with a capacity of 5,000 kilovolt amperes or more, and electrical transmission lines capable of transmitting 69 kilovolts or more with an approved site plan.
(9)
Public or private transmission pipelines, including pumping stations and accessory storage for natural gas, propane gas, petroleum products, chemicals, slurry coal and any other gases, liquids or solids with an approved site plan, except that private connections to existing pipelines which are intended to serve an individual residential or commercial customer and which are accessory to existing or proposed development are permitted generally and without a conditional use permit.
(10)
Public or private water and sewer facilities including, but not limited to, treatment plants, pumping stations, storage facilities and transmission mains with an approved site plan, except that private connections to existing mains which are intended to serve an individual residential or commercial customer and which are accessory to existing or proposed development are permitted generally and without a conditional use permit.
(11)
Railroad facilities including tracks, bridges, switching yards and stations with an approved site plan, except that spur lines which are to serve and are accessory to existing or proposed development adjacent to existing railroad rights-of-way and track and safety improvements in existing railroad rights-of-way are permitted generally and without a conditional use permit.
(12)
Water impoundments for public or private use of 50 acres or more and a dam height of 25 feet or more with an approved site plan.
(Code 1999, § 9-94; Ord. No. O-01-03(R2), 3-10-2003)
Accessory buildings in the R-O, R-OA, R-1 and R-1A district shall have a side and rear yard of not less than five feet.
(Code 1999, § 9-95)