[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 01-054 §1, 4-25-2001; Ord.
No. 02-158 §1, 10-30-2002; Ord. No. 03-142 §1(15—16), 10-1-2003; Ord.
No. 04-053 §1, 4-13-2004; Ord. No. 05-029 §1, 3-29-2005; Ord.
No. 06-002 §1, 1-10-2006; Ord. No. 06-004 §2, 1-31-2006; Ord.
No. 07-040 §1, 3-13-2007; Ord. No. 09-015 §1, 2-25-2009; Ord.
No. 10-041 §4, 6-2-2010; Ord. No. 11-026 §6, 5-2-2011; Ord.
No. 12-026 §1, 3-30-2012; Ord. No. 12-090 §3, 11-27-2012; Ord. No. 13-014 §1, 3-1-2013]
A.
Statement Of Intent. The intent of this district is to provide
for agricultural, recreational, wildlife, open space, farming, river
oriented uses and related uses and to discourage premature and disassociated
urban development. The minimum lot size of five (5) acres is designed
to support agricultural uses and home sites which require proper siting
in a rural area.
B.
Permissive Uses.
1.
Except in platted subdivisions, agriculture, farming, dairy farming,
livestock and poultry raising, forestry, farm stands and other uses
commonly classified as agricultural with no restrictions to operation
of such vehicles and machinery that are customarily incidental to
such agricultural uses, provided that no feedlot, feeding floor, or
structure for housing of livestock or poultry shall be permitted within
one hundred fifty (150) feet of any property line. The platted subdivision
exception as indicated above does not apply to any of the other permissive
or conditional uses of the "A" Agricultural District.
2.
Apiaries, aviaries, fish hatcheries, and fur farming or the raising
of fur-bearing animals.
3.
Buildings and other structures used as barns, utility sheds,
unattached carports, or unattached garages, provided that such structures:
[Ord. No. 18-011 § 1, 1-29-2018]
a.
Are not used, designed to be used, or intended to be used as
residences, housing, business, commercial, industrial, or office purposes,
either temporary or permanently; and
b.
Comply with the size limits listed in Section 405.080(E), Accessory Structure below.
4.
Cemetery. Cemeteries with a crematory as an accessory use shall be
on a site of not less than twenty (20) acres.
5.
Churches.
6.
Exotic or wild animal on a site of not less than ten (10) acres,
provided feeding areas are located one hundred fifty (150) feet from
all property lines.
7.
Ferry landings, boat docks and marinas.
8.
Forest or wildlife reservations or small conservation uses.
9.
Golf course and clubhouse, with a driving range (unlighted) as an
accessory use.
11.
Hunting, fishing, and propagation of wildlife.
12.
Manufactured/mobile homes (except in subdivisions platted for residential
use), modular structures.
13.
Public building or facility erected by a governmental agency.
14.
Public parks or playgrounds.
15.
Public school (elementary, middle, and high), or private school having
a curriculum equivalent to a public elementary, middle, or high school.
16.
Railroad right-of-way.
17.
Sewage treatment plants and related facilities, including lift stations,
water supply plants, pumps, reservoirs, wells, and elevated storage
tanks with screening as approved on the site plan, for the purpose
of providing services to the public.
18.
Single-family/single household dwellings and modular homes.
19.
Sod farms.
20.
Stable, boarding and/or private, provided said stables are fifty
(50) feet from all property lines (one (1) horse or pony per one (1)
acre).
21.
Utility substation or pumping station for electrical, water, gas
or telephone utilities on a site of not less than ten thousand (10,000)
square feet in size.
[Ord. No. 18-027, 4-19-2018]
22.
Accessory uses and buildings incidental to the above uses when located
on the same lot; examples of which are vegetable and flower gardens,
swimming pools, tennis courts, utility sheds, personal greenhouses
and garden houses (non-commercial), unattached carports, unattached
garages, and satellite dishes. If the satellite dishes are eighteen
(18) inches or less in diameter and attached to a house, the dishes
are allowed without setbacks.
C.
Conditional Uses.
[Ord. No. 14-072 § 2, 7-14-2014; Ord. No. 17-056 § 2, 6-15-2017; Ord. No. 17-092 § 2, 10-17-2017; Ord. No. 18-060, 6-25-2018]
1.
Adult day care.
2.
Airport or landing field.
3.
Animal feedlot in excess of one thousand (1,000) animal units.
4.
Bed and breakfast residence.
5.
Blacksmith operated only by a resident of the property.
7.
Boats; the rental, sale, storage, and repair of boats, and boating
supplies, including marine gas in conjunction with a marina.
8.
Brewhouse, provided said brewhouse is located on a parcel forty (40)
acres or larger in area, and subject to the agriculture or winery-related
tourism development standards set forth in Sections 405.520(F)(2)(a,
b, e) and 405.520(F)(4).
9.
Broadcast facility, provided that the distance from the center
of the base of the tower to the nearest property line shall not be
less than the height of the tower.
10.
Buildings, structures or open spaces for conducting weddings and/or
wedding receptions or other private parties.
11.
Campgrounds, including cottages of up to two hundred (200) square
feet in area and camping cabins. The number of camping cabins and
cottages shall be limited to no more than one per five (5) acres of
the parcel size.
[2]
Editor's Note: At the County's direction, the regulations
set out herein were brought back to the amendments set out in Ord.
No. 22-073 as a scribner's error.
12.
Centralized yard waste composting facility, with conditions
regulated in Part 4, Section 405.520, Development Standards for Certain
Conditional Uses.
14.
Extraction, quarrying, or mining of sand, gravel, top soil,
or other material.
15.
Farm stands, commercial.
16.
General contracting services relating to building, electrical,
heating and cooling, painting and plumbing, provided that materials,
vehicles and trailers used in connection with such services shall
be stored within an enclosed building, and provided that any site
occupied by services permitted under this provision shall be a compact
site having at least one hundred fifty (150) feet of frontage on a
public road and an area no greater than two (2) acres.
17.
Historic sites.
19.
Institution (hospital, nursing, rest, or convalescent home,
and educational or religious), provided that not more than fifty percent
(50%) of the site area may be occupied by buildings, and provided
further that the building shall be set back from all required yard
lines a minimum of fifty (50) feet. Hospitals may include a helicopter
landing pad area as an accessory use.
20.
Kennels, provided that the buildings and pens are one hundred
fifty (150) feet from all property lines.
21.
Lawn care service and all lawn care materials; any related equipment
or vehicles are required to be stored within an accessory structure.
22.
Logging operations, sawmills, and mill storage of lumber, not
including any fabrication of timber structures.
24.
Nurseries.
25.
Preschool, daycare, special, or other private school.
26.
Private clubs, provided said private club is a minimum of one
hundred (100) feet from all property lines.
27.
Recreation, commercial outdoor.
28.
Rural Recreational Activity.
29.
Restaurant in association with any permitted or conditional
use (except single-family residence). Notwithstanding Section 405.510,
any restaurant operating under a conditional use permit issued before
November 27, 2012, and that has continuously operated as a restaurant
from that date to July 14, 2014, shall be automatically eligible to
reinstate the previous conditional use permit.
30.
Single-family/single household dwellings and manufactured/modular
homes utilized as a second (2nd) dwelling on a temporary basis not
to exceed five (5) years.
31.
Stable, riding.
32.
Taxidermy.
34.
Veterinary clinic.
35.
Wind turbines and wind turbine farm.
36.
Winery, subject to development standards set forth in Part 4,
Section 405.520(F)(2-5).
D.
Height, Area And Lot Requirements.
2.
Minimum front yard. Fifty (50) feet.
3.
Minimum side yard. Forty (40) feet.
4.
Minimum rear yard. Fifty (50) feet.
5.
Minimum lot width. One hundred fifty (150) feet.
6.
Minimum lot area. Five (5) acres unless otherwise
specified in this Section.
a.
Parcels or lots duly recorded in the County Recorder's office, as
of, and unaltered since the date of adoption of this ordinance and
those lots within subdivisions which have received preliminary plat
approval prior to the date of adoption of this ordinance may be developed
with any Agricultural District permitted use provided that all other
requirements of the Unified Development Ordinance are met.
b.
The owner of a lot improved by a residential structure existing prior
to February 13, 2006, may record in the County Recorder's office a
deed or deeds establishing a three (3) acre tract as the site of that
residential structure while leaving the remainder as a separate tract,
provided however that such division of land meets all other applicable
requirements of this Unified Development Ordinance, except that if
the lot to be divided is within a plat recorded on or before November
2, 1959, a re-subdivision plat is not required for such divisions.
7.
Minimum dwelling size (living space). Eight hundred
(800) square feet for single-family.
8.
Minimum front yard for lots of record less than one (1) acre
in size. Twenty-five (25) feet.
9.
Minimum side yard for lots of record less than one (1) acre
in size. Seven (7) feet.
10.
Minimum rear yard for lots of record less than one (1) acre
in size. Twenty-five (25) feet.
E.
Accessory Structure.
1.
Maximum total size of an accessory structure or of more than one
(1) accessory structures on any given parcel may not exceed the following
limits.
[Ord. No. 18-011 § 1, 1-29-2018]
a.
For parcels less than one (1) acre in size, up to one thousand
two hundred (1,200) square feet.
b.
For parcels at least one (1) but less than three (3) acres in
size, two thousand four hundred (2,400) square feet.
c.
For parcels at least three (3) but less than five (5) acres
in size, three thousand six hundred (3,600) square feet.
d.
For parcels at least five (5) acres but less than ten (10) acres
in size, four thousand eight hundred (4,800) square feet.
e.
For parcels at least ten (10) acres, or more, in size, no maximum
square footage.
f.
Any accessory structure that existed prior to the inception of the County Zoning Regulations by Order of the St. Charles County Court on November 2, 1959, shall be exempt from, and its size shall not be used in the calculation of, the maximum total size limitations provided in this Section 405.080(E)(1).
2.
Minimum front yard of accessory structure. Fifty
(50) feet.
3.
Minimum side yard of accessory structure. Seven
(7) feet.
4.
Minimum rear yard of accessory structure. Seven
(7) feet.
5.
Minimum distance from main structure to accessory structure. Ten (10) feet (except swimming pools). Accessory structures that
will be less than ten (10) feet from the main structure must meet
the same setbacks as the main structure and meet applicable building
code requirements. A detached garage may be located in the front yard,
however, no part of the structure may be located directly in front
of the main structure.
6.
Minimum setbacks for boarding and/or private stables. Fifty (50) feet from all property lines.
H.
Solid Waste Disposal Screening Regulations. Other than for
agricultural uses and residential use, all exterior solid waste containers
and container racks and stands shall be screened on at least three
(3) sides by a six (6) foot solid fence and on the fourth (4th) side
by a solid gate constructed of cedar, redwood, masonry or other compatible
building material.
[Ord. No. 12-090 §4, 11-27-2012]
A.
Statement Of Intent. The intent of this district is to provide
for agricultural, recreational, wildlife, open space, and farming
uses, as well as agriculture- or winery-related tourism uses and economic
development in a way that protects and preserves agricultural land
and open space, and discourages premature and disassociated urban
development. Specifically, the intent is to authorize agriculture-
and winery-related tourism as conditional uses in rural areas subject
to a minimum lot size of forty (40) acres and special development
standards to ensure low concentrations of such uses within the district
and adjoining areas so that their rural agricultural character is
maintained while allowing these more intensive uses within the district.
Such uses are declared to be agriculture-related because sited on
large tracts mostly dedicated to agricultural and open-space uses.
The following are declared to be agriculture- or winery-related tourism
uses: conference/events/lodging center, dinner theater, farm stands
(commercial), gallery or museum, golf course clubhouse, microbrewery,
outdoor theater, restaurant, rural recreational activity, winery,
winery farmers' market, and winery lodging.
B.
Permissive Uses.
1.
Agriculture, farming, dairy farming, livestock and poultry raising,
forestry, farm stands (but not commercial farm stands as defined in
Section 405.050, OSCCMo) and other uses commonly classified as agricultural
with no restrictions to operation of such vehicles and machinery that
are customarily incidental to such agricultural uses, provided that
no feedlot, feeding floor, or structure for housing of livestock or
poultry shall be permitted within one hundred fifty (150) feet of
any property line.
2.
Apiaries, aviaries.
3.
Forest or wildlife reservations or small conservation uses.
4.
Golf course with an outdoor driving range (unlighted) as an accessory
use.
5.
Historic sites.
6.
Hunting, fishing, and propagation of wildlife.
7.
Open space, park land or playgrounds.
8.
Sod farms.
9.
Stable, riding, boarding and/or private, provided said stables are
fifty (50) feet from all property lines (one (1) horse or pony per
one (1) acre).
10.
Accessory uses and buildings incidental to the above uses when located
on the same lot.
C.
Agriculture- Or Winery-Related Tourism Conditional Uses.
1.
Conference/event/lodging center, subject to development standards
set forth in Part 4, Section 405.520(F).
2.
Dinner theater, subject to development standards set forth in Part
4, Section 405.520(F).
3.
Farm stands, commercial, subject to development standards set forth
in Part 4, Section 405.520(F).
4.
Gallery or museum, subject to development standards set forth in
Part 4, Section 405.520(F).
5.
Golf course clubhouse, in connection with a golf course on the same
tract of land, subject to development standards set forth in Part
4, Section 405.520(F).
6.
Microbrewery, subject to development standards set forth in
Part 4, Section 405.520(F), and subject to the existence and operation
of a duly permitted winery on the tract.
[Ord. No. 14-072 §3, 7-14-2014]
7.
Outdoor theater (excluding movie or drive-in movie theater), subject
to development standards set forth in Part 4, Section 405.520(F).
8.
Restaurant, subject to development standards set forth in Part
4, Section 405.520(F), and subject to 1) the existence and operation
of a duly permitted winery on the tract or 2) the existence and operation
of the restaurant as a conditional use predating July 14, 2014.
[Ord. No. 14-072 §3, 7-14-2014]
9.
Rural recreational activity, subject to development standards set
forth in Part 4, Section 405.520(F).
10.
Winery, subject to development standards set forth in Part 4, Section
405.520(F).
11.
Winery farmers' market, subject to development standards set forth
in Part 4, Section 405.520(F).
12.
Winery lodging, subject to development standards set forth in Part
4, Section 405.520(F).
D.
E.
Accessory Structures, except as provided in Part 3, Article I, Section 405.405 et seq., and in Part 4, Section 405.520(F), if and as applicable.
1.
Maximum total size of an accessory structure or of more than one
(1) accessory structure on any given parcel may not exceed the following
limits.
a.
For any agricultural use structure: No size restriction.
2.
Minimum setbacks for riding, boarding and/or private stables. Fifty
(50) feet from all property lines.
H.
Solid Waste Disposal Screening Regulations. Other than for
agricultural uses and residential use, all exterior solid waste containers
and container racks and stands shall be screened on at least three
(3) sides by a six (6) foot solid fence and on the fourth (4th) side
by a solid gate constructed of cedar, redwood, masonry or other compatible
building material.
