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Spencer County Unincorporated
City Zoning Code

AGRICULTURAL ZONE

REGULATIONS

§ 157.065 AGRICULTURAL ZONE.

   (A)   It is the intent of the Agricultural Zone regulations that the areas zoned agricultural be preserved for agricultural uses, which uses include, but are not limited to, production of crops, animal husbandry, land application of animal waste, the raising, breeding and sale of livestock and poultry, including confinement feeding operations, use of farm machinery and the sale of farm products. It is further the intent that such agricultural uses, whether currently existing, or hereafter established, enlarged, or changed, do not constitute a nuisance to another activity or use, including residences, so long as they are not negligently maintained, do not cause bodily injury to third parties, or directly endanger human health.
   (B)   The following regulations and the regulations contained in §§ 157.003 through 157.017 shall apply in the A Agricultural Zone:
      (1)   Permitted uses.
         (a)   Shall be as shown on Table 1, official schedule of uses and the following:
            1.   Stands for the retail sale of agricultural products or commodities raised on the premises. Off-street parking shall be provided in accordance with § 157.008.
            2.   Accessory buildings and uses customarily incidental to any of the above uses including home occupation, provided that the residential character of such dwelling is not changed and that there shall be not more than one assistant employed.
            3.   Professional office in a one-family dwelling, provided that such use is incidental to the main use as a dwelling and further provided that such use is limited to a person actually residing in the dwelling.
            4.   Name plate and advertising devices, provided that they shall be erected in accordance with the provisions of §§ 157.135 through 157.137.
            5.   Riding stable of a private, noncommercial nature on at least three acres of land.
      (2)   Height.
         (a)   Maximum height of dwelling. Maximum height of a dwelling shall be two and one-half stories, not to exceed 35 feet.
         (b)   Exceptions. Exceptions to height regulations are provided for in § 157.120.
      (3)   Lot area and yards.
         (a)   Lot area. Except as hereinafter provided, no residential structure shall be erected in any A Agricultural Zone unless said structure, when completed, shall have frontage on a street, as defined herein, and shall be in conformity with the following requirements; unless additional lot area is required to be in conformance with any federal, state or local health or environmental agency, or unless the requirements of the Subdivision Control Ordinance of Spencer County have been met.
 
Minimum Width at Front Building Line (feet)
Minimum Net Site Area (square feet)
Required Lot Area Per Dwelling Unit
No. of Units
Square Feet Per Unit
If served by individual well septic tank
100
43,560
1
 
2
38,000
 
20,000
If served by public or other approved community water or sewer system
100
21,780
1
 
2
18,000
 
20,000
Required lot area shall be exclusive of proposed road right-of-way.
 
         (b)   Front yard. There shall be a front yard between the building line and the highway and street proposed right-of-way lines as shown on the thoroughfare plan as follows:
 
Type of Thoroughfare
Setback Distance
1) Arterial
75 feet
2) Primary
70 feet
3) Secondary
60 feet
4) Section and half section line
40 feet
5) Local (residential)
30 feet
 
         (c)   Side yard. There shall be two side yards for each lot, the minimum width of either and the aggregate width of both shall be as follows:
 
Minimum Width of One Side Yard
Average Width of Both Yards
If served by individual septic tank and well
20 feet
45 feet
More than one dwelling unit
Above plus 2 feet per additional unit
Above plus 4 feet per additional unit
If served by public or other approved community water and sewer system
10% of the lot width or 15 feet, whichever is less
25% of the lot width or 35 feet, whichever is less
More than one dwelling unit
Above plus 2 feet per additional unit
Above plus 4 feet per additional unit
The side street, side yard of any corner lot shall be not less than 25 feet.
 
         (d)   Rear yard. There shall be a rear yard of not less than 25% of the depth of the lot.
         (e)   Lot coverage. Not more than 20% of the area of a lot may be covered by buildings and structures.
         (f)   Exceptions. Exceptions to yard regulations are provided for in § 157.121.
      (4)   Building size. No building shall be erected for residential purposes having a floor area of less than 760 square feet per primary dwelling unit, exclusive of unenclosed porches, terraces, and garages. Additional units shall have a minimum of 480 square feet per each additional unit.
(Ord. passed 3-14-2000; Ord. 2007-04, passed 6-4-2007; Ord. 2016-12, passed 11-1-2016)