The intent of the CE (Country Estates) zoning district is to provide the opportunity to develop single family residential development on large lots not anticipated to be served by public sewer systems and street design to preserve the rural character of the area.

In the CE zoning district, the uses permitted by right and allowed by special use permit are listed in Chapter 17.51, Table of General Uses.

In the CE district, permitted accessory uses shall be as follows:

A.

Accessory loading;

B.

Accessory parking;

C.

The following private structures: garages, tool sheds, tennis courts, swimming pools, recreational structures and other similar structures; provided, conditions outlined in Section 17.11.030(C and D) are met;

D.

Storing not more than one (1) of the following: unoccupied camper, trailer or boat;

E.

Home occupations, as allowed by Chapter 17.66.

In the Country Estates district, additional use regulations shall be as follows:

A.

Distance requirements for the keeping and sheltering of animals and storage of other odor or dust producing substance shall be as prescribed in SMC 6.08.020.

B.

Public utility rights-of-way, substations, pumping stations and municipal and civic buildings shall be housed in structures that harmonize with the character of the neighborhood and where adjoining residential zones shall have a buffer of fifty (50) feet except that the Planning Commission may reduce the width of buffer areas where the local conditions deem such reduction to be reasonable. Buffer areas shall be adequately screened in accordance with Chapter 17.74 and shall be subject to performance standards procedure and site plan approval by the Planning Commission.

C.

Tool sheds, utility sheds, playhouses and greenhouses that are not considered permanent structures under the currently adopted building code are permitted, provided they are located in the rear yards, and are not located closer than five (5) feet of any side yard or rear plot line, or within any platted building setback line. These structures shall be located at least fifteen (15) feet from the principal building. Refer to Section 17.60.010C for maximum size requirements for accessory structures.

D.

Private tennis courts, swimming pools, pool cabanas and similar private recreational structures shall be located in the rear yard and shall not be located within any platted building setback, and shall be a minimum of ten (10) feet from all other plot lines. Outdoor lighting fixtures shall be setback from plot lines a distance equal to the height of the light fixture pole and shall provide directional shielding to prevent any direct illumination of adjoining properties.

E.

No use shall be operated and no activity or equipment maintained that produces noise of a pitch or level that violates the residential character or destroys the livability and tranquility of the neighborhood. In no case shall a noise level be generated that exceeds the standards described in Section 17.58.060 of this title.

F.

At the time of filing an application for Country Estates zoning, the applicant shall submit a septic tank suitability study as required by the Johnson County Environmental Department, for consideration by the Planning Commission and Governing Body. Such septic tank suitability study shall be conducted by a licensed professional engineer. The septic tank study shall include results of percolation tests on the ratio of one (1) test hole per acre, or fraction thereof, of land contained within the application. The required test holes shall be spaced evenly throughout the property so as to give a septic suitability analysis of the entire tract. Such septic tank study shall show that the use of septic tanks on the requested land will not endanger the public health, safety and general welfare. Engineered systems shall be required and the study shall indicate the engineered septic tank system would not have adverse effect on the public health, safety and general welfare. The Planning Commission or Governing Body may require additional testing of the site pending review of the initial study results.

G.

At the time of the filing and application for Country Estates zoning, the applicant shall submit deed restrictions. Such deed restrictions shall apply to all of the land contained within the requested Country Estates development, and shall run with the land. A copy of such deed restrictions recorded with the register of deeds shall be furnished to the planning department prior to the publication of any rezoning ordinance for this zoning district.

H.

All streets constructed in the Country Estates district shall be constructed to City residential street standards, except that curb and gutter and sidewalks shall not be required to preserve the low density residential character of the area.

I.

Co-Living Groups and Rooming Houses are prohibited in the CE District.

(Ord. 3419, 2022)

The height and area regulations are as follows:

A.

Maximum height requirement: The maximum height requirement in the CE zoning district is forty-five (45) feet, with a maximum of three (3) stories in height.

B.

Minimum lot area: The minimum lot area in the CE district is two and one-half (2½) acres.

C.

Minimum lot width: One hundred sixty-five (165) feet along a public street or platted private street.

D.

Minimum yard setback requirements:

1.

Front yard: Fifty (50) feet.

2.

Rear yard: Thirty (30) feet.

3.

Side yard: Thirty (30) feet, however both side yards together must measure at least one hundred (100) feet.