It is the intent of the residential single-family district to provide suitable areas where the development of residential subdivisions has occurred or is occurring. These areas are intended to establish and preserve quiet, stable and affordable single-family neighborhoods at medium-densities, free from other land uses, except those which are compatible with and convenient to the residents of such district.

It is also the intent of this district to recognize the need for conservation and open space as densities increase and to require that open spaces be set aside for the benefit of the community, the developer and all future generations who live in this district.

To support conservation designs and encourage open spaces, this district is designed to:

(1)

Retain and protect open space areas within residential developments;

(2)

Promote new development, which is compatible with existing uses, architecture, landscapes and community character;

(3)

Provide standards reflecting the varying circumstances and interest of land owners and the individual characteristics of their properties;

(4)

Preserve unique and sensitive landscapes and site features by locating new dwelling sites in areas removed from such features;

(5)

Protect scenic vistas from encroachment by development;

(6)

Provide an opportunity for flexible lot designs and building arrangements not afforded to with lot-by-lot development, allowing for buildings and improvements to be sited as a response to site conditions, with the locations of lot lines reflecting land management decisions;

(7)

Provide for a more varied, innovative and efficient development pattern;

(8)

Provide a means to attain the objectives of the Stephens County Comprehensive Plan providing for orderly growth, enhancement of natural resources and preservation of rural characteristics.

(Ord. No. 2024-17, 7-23-2024)

(a)

Residences, single-family detached, including manufactured homes and modular homes, provided that only one such residence is permitted per lot for any properties under two acres. For properties greater than two acres, one additional principal structure is allowed by right, provided that setbacks are maintained.

(b)

Accessory uses and structures normally incidental and subordinate to one or more permitted principal uses.

(c)

Farm animals may be raised on property in a residential single-family district (RS) as long as the parcel has a minimum of three acres and is not within a subdivision as defined by the Stephens County Subdivision Ordinance; with three or more acres, for every whole acre, a limit of one farm animal shall be permitted. An exception shall be backyard chickens, as referenced below. Any and all livestock shall be confined to a fenced enclosure. The enclosure shall be at least 20 feet from any established or existing setback. No farm animals shall be allowed in the front-yard setback.

(d)

Backyard chickens. The keeping of chickens supports a local, sustainable food system by providing an affordable, nutritious food source of fresh eggs. The keeping of chickens also provides free nitrogen-rich fertilizer, chemical-free pest control, animal companionship and pleasure, and weed control. This regulation is intended to make a provision for the limited keeping of chickens, for the health, convenience, and personal enjoyment benefits afforded by such use within single-family residential districts (RS) provided that:

(1)

No roosters shall be permitted in RS-zoned parcels without conditional approval.

(2)

For residential lots less than three acres, no more than ten hens shall be kept on a residential lot.

(3)

Residential lots three acres or more may keep an additional five hens per every whole acre over three acres.

(4)

Within the fenced enclosure, a well-maintained structure (henceforth referred to as a coop) shall be required for all chickens.

(5)

The coop and area within the fenced enclosure must be clean and odor free, kept in a neat and sanitary condition at all times, in a manner that will not disturb the use or enjoyment of neighboring lots due to noise, objectionable odor, or other adverse impact.

(6)

Objectionable odors from chickens, their waste, or other chicken-related substances shall not be perceptible at the property boundary line to the general public, county marshals, county sheriff, or the lawful designee of Stephens County.

(7)

Provision must be made for the storage and removal of chicken droppings and any dead chickens. All stored droppings shall be covered by a fully enclosed structure with a roof or lid over the entire structure. All other droppings not used for composting or fertilizing shall be removed. In addition, the coop, enclosure, and surrounding area must be kept free from trash and accumulated droppings. Dead chickens must be disposed of in a sanitary manner.

(8)

Perceptible noise from chickens shall not be loud enough at the property boundaries to disturb persons of reasonable sensitivity, county marshals, county sheriff, or the lawful designee of Stephens County.

(e)

Personal use gardens, orchards, and apiaries.

(f)

Internet sales.

(Ord. No. 2024-17, 7-23-2024)

(a)

Home occupations and home-based businesses meeting these regulations requirements.

(b)

Parks, playgrounds, community centers, tennis courts, swimming pools and other small-scale recreational facilities operated on a non-profit basis.

(c)

Public structures and uses.

(d)

Public, parochial, private schools, and related educational institutions not offered for profit.

(e)

Churches, temples, synagogues, places of worship and cemeteries.

(f)

Showstock.

(g)

Farm animals on parcels that do not meet the specifications laid out in section 59-801, permitted uses.

(h)

Roosters on parcels one acre or larger.

(Ord. No. 2024-17, 7-23-2024)

(Ord. No. 2024-17, 7-23-2024; Res. No. 2025-03, 1-28-2025)

All single-family residential developments shall conform to the above open space regulations. These regulations are designed to promote the health, safety, order, aesthetics and general welfare by: (1) protecting against incompatible uses of land, (2) controlling problems of flooding, soil erosion and air pollution, (3) providing for a more attractive environment, (4) assuring adequate open space and (5) reducing noise, night lighting, glare, odor, objectionable view, loss of privacy and other adverse impacts and nuisances through the use of buffers, landscaping and open space.

(Ord. No. 2024-17, 7-23-2024)

(a)

Open space requirement. Not less than 20 percent of the development shall be maintained as permanent open space. Such open space may include common areas, buffers, landscaped yards, water areas and any natural areas. Such open space shall be computed beginning five feet outside the building walls. Parking and other paved surfaces, except patios and courtyards, shall not count toward this open space requirement. Any required open space may be left under individual ownership if it falls on an individual lot, but a property owners' association shall maintain any common area not dedicated to the county commission. Restrictive covenants, declarations and restrictions running with the land shall provide for access across and permanent maintenance and protection of the common space within these requirements.

(b)

The minimum amount of permanent open space shall comprise not less than 20 percent of the gross tract area.

(c)

Natural areas with development limitations such as floodplains, steep slopes (greater than 25 percent), wetlands, lakes, ponds and streams shall not constitute more than one-half of the total open space.

(d)

Open space shall include irreplaceable natural features of the site such as streams, lakes, ponds, significant stands of trees, individual trees of significant size, rock-out-croppings, ridges and peaks that are themselves, scenic features or from which scenic views are available.

(e)

Golf courses shall not occupy any of the open space.

(f)

The overall maximum density for residential developments using open spaces is as follows:

(1)

One acre per dwelling unit for developments connecting to public utilities that provide public water and public wastewater collection and treatment (sewage).

(2)

One acre per dwelling unit for developments connecting only to a public water system and providing individual septic tank systems.

(3)

One acre per dwelling unit for developments providing individual wells and septic tanks.

In some cases, open space may be used for placement of individual septic tanks and drain field lines where approved at the discretion of the Stephens County Health Department.

(g)

Ownership of open space in any subdivision may be owned by a homeowner's association, a land trust, another conservation organization recognized by the county and/or remain in private ownership.

(h)

The open space land and associated facilities may be held in common ownership by a homeowner's association. The association shall be formed and operated under the following provisions:

(1)

The developer shall provide a description of the association including its by-laws and methods for maintaining the open space.

(2)

The association shall be organized by the developer and operating with financial subsidization by the developer, before the sale of any lots within the development.

(3)

Membership in the association is mandatory for all home purchasers therein and their successors.

(4)

The conditions and timing of transferring control of the association from the developer to homeowners shall be identified.

(5)

The association shall be responsible for maintenance and insurance on common open space land, enforceable by liens placed by the homeowner's association.

(6)

Maintenance obligations may be enforced by the county which may place liens to recover costs.

(7)

Any governmental body with jurisdiction in the area where the development is located may place liens on the owners of the open space to collect unpaid taxes.

(8)

The members of the association shall share equitably the cost of maintaining such open space.

(9)

Shares shall be defined within the association by-laws.

(10)

Association dues shall be structured to provide for annual maintenance costs and property taxes.

(11)

Prior to the (in the event of) transfer of ownership of open space, the county and all property owners within the development shall be notified.

(12)

Open space land may be leased to qualified persons or corporations for maintenance or operation with this agreement:

a.

The residents of the development shall have access at all time to the open space land (except that access to the land that is actively farmed shall be limited to times of the year when the fields are fallow);

b.

The open space land shall be maintained for the purposes set forth in this chapter; and

c.

The operation of the open space shall be for the benefit of the residents.

(13)

At the time of preliminary plan submission, the applicant shall provide a draft of the homeowner's association documentation with sufficient detail to demonstrate feasible compliance with this section.

Complete homeowner's association documentation demonstrating compliance with the provisions herein shall be filed with the final subdivision and land development plans.

(i)

The county may, but shall not be required to, accept easements for public use of any portion or portions of open space.

(j)

Open space may be entered or crossed by utility easements where such easements will involve access by persons or vehicles for periodic maintenance or repair.

(k)

Open space shall be interconnected with open space areas on abutting parcels wherever possible. Provision for pedestrian pathways for general public use to create lined systems within the county shall be encouraged.

(l)

Open space shall not be used for the disposal or location of debris from any clearing and construction taking place within the development.

(Ord. No. 2024-17, 7-23-2024)

An individual dwelling unit being constructed on a single, individual lot, not in a multi-lot residential development, is exempt from the open space requirements if the individual dwelling unit being constructed meets the same density requirements.

(Ord. No. 2024-17, 7-23-2024)