[Zoning Order §8.040, 4-2-2008]
A day care/elder care home is a permitted accessory use in a residential structure occupied by a person who cares for not more than four (4) persons for any part of a twenty-four (24) hour period. Care for more than four (4), but not more than ten (10) persons, shall require a conditional use permit as specified in Article IX.
[Zoning Order §8.050, 4-2-2008; Ord. No. 07-30-2008A
§§1 — 2(8.050.A.1), 7-30-2008; Ord. No. 11-12-2008A
§§1 — 2(8.050), 11-12-2008; Resolution 1-14-2010A
Exh. A, 1-14-2010; Ord. No. 10-0145 §§1 — 2, 2-18-2010]
A.
In
residential districts, the following restrictions and standards shall
apply to all fences and masonry walls:
1.
Front yard. A fence or masonry wall constructed
within the front yard setback shall not exceed four (4) feet in height
in the "R-40", "R-20", "R-10" and "R-7" zone districts. In the "RA-5"
Rural/Agricultural and "LR-2" Large Lot Residential Districts, however,
such fence may be increased to eight (8) feet maximum height, if the
fencing material is at a ratio of two-thirds (2/3) open space to one-third
(1/3) closed space (e.g., picket and split rail fence) per square
foot for that part of the fence that exceeds the four (4) feet height
limit.
2.
Rear yard. A fence or masonry wall up to eight (8)
feet in height may be constructed on the rear property line on all
lots whose rear lot lines abut another lot or a designated thoroughfare.
However, no fence shall be permitted in any required landscape area,
except as approved by the County.
3.
Side yard. A fence or masonry wall up to eight (8) feet in height may be constructed on the side property line, except that no fence or masonry wall over four (4) feet in height shall be in front of the front setback line on a corner lot. A fence or masonry wall on the side property line under this Subsection may be constructed to match a fence or masonry wall allowed by or located in Subsection (A)(1) above. In addition, no fence shall be permitted in any required landscape area, except as a part of an approved development plan.
B.
In
all commercial and industrial districts, a fence or wall may be constructed
on any side or rear property line, but shall not be located in any
required front yard setback or be closer to any public or private
street than the required setback for a building, except per approved
development plan.
[Zoning Order §8.060, 4-2-2008; Ord. No. 07-30-2008A
§§1 — 2(8.060), 7-30-2008]
A.
In the "RA-5" Rural/Agricultural and "LR-2" Large Lot Residential Districts, there shall be permitted accessory buildings, combined square footage of which shall not exceed a total of four thousand (4,000) square feet or five percent (5%) of the lot area that is not occupied by the primary use, whichever is most permissive. Accessory buildings shall comply with Section 400.2770. On a lot where the primary building has not been constructed, the total square footage of all accessory structures shall not exceed four thousand (4,000) square feet.
B.
In the "R-40", "R-20", "R-10" and "R-7" residential zoning districts, accessory buildings shall not exceed a total of twelve hundred (1,200) square feet or five percent (5%) of the lot area that is not occupied by the primary use, whichever is most permissive. Accessory buildings shall comply with Section 400.2770. On a lot where the primary building has not been constructed, the total square footage of all accessory buildings shall not exceed twelve hundred (1,200) square feet.
C.
Accessory
buildings that are two hundred (200) square feet or less shall be
set back at least fifteen (15) feet from the rear property line.
[Zoning Order §8.070, 4-2-2008]
In the "R-20", "R-10" and "R-7" residential districts a greenhouse may not exceed twenty-five percent (25%) of the ground floor area of the residential structure it serves. All plants grown in the greenhouse shall be only for private, non-retail or wholesale use. In the "RA-5" and "LR-2" residential districts, a greenhouse shall be treated as an accessory structure as provided in Section 400.2870.
[Zoning Order §8.080, 4-2-2008]
A.
Home
occupations shall be permitted as an accessory use in residential
dwellings and accessory structures conforming to this UDO in any district,
subject to the following provisions:
1.
Purpose and intent. It is the purpose and intent
of these requirements to:
a.
Maintain neighborhood integrity and preserve the residential character
of neighborhoods by encouraging compatible land uses;
b.
Provide residents of the County with an option to utilize their residences
as places to enhance or fulfill personal economic goals, as long as
the choice of home occupations does not infringe on the residential
rights of neighbors;
c.
Establish criteria for operating home occupations in dwelling units
and accessory structures; and
d.
Ensure that public and private services, such as streets, sewers,
water or utility systems, are not burdened by home occupations to
the extent that usage significantly exceeds that which is normally
associated with a residence.
2.
General provisions.
a.
Home occupations shall be permitted as accessory uses within principal
residential dwellings and accessory structures, conforming to this
UDO, in any residential district; provided that they meet the following
conditions and all requirements of the district in which they are
located:
(1)
The home occupation must be clearly incidental and secondary
to the primary residential use of the dwelling;
(2)
The home occupation must not change the outside appearance of
the dwelling(s);
(4)
The home occupation must not generate traffic, parking, sewage
or water use in excess of what is normal or customary in a residential
neighborhood;
(5)
The home occupation shall not create a hazard to person or property,
result in electrical interference or become a nuisance;
(6)
No outside storage of any kind related to the home occupation
shall be permitted;
(7)
No persons other than self or family members residing on the
premises, plus one (1) additional person not residing on the premises,
shall be employed or involved in any business activity related to
the home occupation on the premises;
(8)
No more than thirty-three percent (33%) of the gross floor area
of the dwelling unit shall be used for the operation of the home occupation
inside the residential dwelling or accessory structure;
(9)
Deliveries of materials to and from the premises in conjunction
with the home occupation shall not require the use of vehicles other
than parcel post or similar parcel service vehicles;
(10)
Noise, vibration, smoke, odors, heat or glare, as a result of
a home occupation, which would exceed that normally produced by a
single residence, shall not be permitted;
(11)
The lot upon which the home occupation is operated shall not
be utilized to park or maintain more than two (2) private commercial
single-axle vehicles not to exceed a one (1) ton rating;
(12)
Home occupations shall maintain required licenses and permits
mandated by applicable County, State and/or Federal laws;
(13)
Persons intending to operate a home occupation should notify
their applicable Home Owners Association ("HOA"), if one exists, of
their intent prior to beginning operations; said notification is to
provide the HOA with notice of intent only.
b.
Permitted home occupations. Home occupations shall
be approved by the Director upon his/her determination that the requirements
of this UDO can be satisfied. In the event a home occupation is denied
by the Director, the reasons for the denial shall be given to the
applicant in writing. This decision for denial may be appealed to
the Planning and Zoning Commission within fourteen (14) days of the
date of the letter from the Director.
[Zoning Order §8.090, 4-2-2008; Resolution 1-14-2010A
Exh. A, 1-14-2010; Ord. No. 10-0145 §§1 — 2, 2-18-2010]
A.
A
kennel with outside runs as an accessory use to a veterinarian clinic/hospital
shall be located at least one hundred (100) feet from any property
zoned or used for residential purposes.
B.
A
kennel facility and outdoor runs on residentially zoned property shall
not encroach within the building setback areas of the zone lot.
[Zoning Order §8.100, 4-2-2008; Ord. No. 07-30-2008A
§§1 — 2(8.100 C), 7-30-2008]
A.
A
single loft dwelling unit above a detached garage is permitted as
an accessory use to a permitted residential use provided:
1.
Additional parking is provided on site to accommodate the separate
dwelling unit, other than the driveway for the principal structure;
2.
Building codes can be met as they relate to the separation requirements
between the garage and the residential dwelling unit(s); and
3.
Loft dwelling units above a detached garage are prohibited in the
"R-10" and "R-7" zone district(s).
[Zoning Order §8.110, 4-2-2008]
A.
Outside
storage of vehicles, motor homes, equipment, materials, boats or personal
watercraft, etc., whether in open or enclosed yards, shall stay behind
the front building line and shall meet the following conditions:
1.
The outside storage shall be located on land owned by, leased by
or under the control of the users;
2.
All storage areas and access drives shall be paved (includes pervious
pavement), rocked or constructed with crushed stone; and
3.
Outside storage of inoperative vehicles or equipment (no more than
two (2) shall comply with all other County codes and regulations.
Inoperative vehicles or equipment shall be stored in an enclosed,
sight-proof area or covered with a fitted vehicle cover (not a tarp).
[Zoning Order §8.120, 4-2-2008; Ord. No. 07-30-2008A
§§1 — 2(8.120), 7-30-2008]
A.
Windmills
for power generation incidental to any permitted residential or agricultural
uses may be located in an "RA-5", "LR-2" or "R-40" zone district.
B.
Windmills
shall comply with the building setbacks and height limitations of
the zone district in which located.
C.
Windmills
shall comply with the Building Code.
D.
Windmills
shall comply with all other applicable local, State and Federal regulations.
