In all residential zones, no building, structure or lot shall
be used in whole or in part for any trade, business, industry or process
which is noxious or offensive by reason of the production or emission
of smoke, noise, gas, odor, dust, refuse matter, vibration or excessive
light beyond the limits of its lot, so as to be dangerous or prejudicial
to the public health, safety or general welfare of the Town. Agricultural
uses shall not be deemed to be prohibited based upon this section.
Special requirements for certain uses:
A. Garden house, toolhouse, wading or swimming pool not operated for
gain, provided that such accessory use shall not be located in any
front yard.
B. Keeping of certain customary household pets is addressed as follows:
small animals typically kept as household pets and not customarily
adapted to being harbored outdoors, including but not limited to canaries,
captive reptiles, ferrets, gerbils, and Vietnamese potbellied pigs
are not regulated by this chapter, provided that they are maintained
within the house and are not being bred on a large scale and/or for
commercial purposes. Notwithstanding the foregoing, animal wastes
resulting from such pets shall be removed and handled in a manner
which does not result in a public nuisance nor danger to public health.
Keeping of dogs and certain other animals is addressed separately
below.
(1) Keeping of dogs and certain other animals is permitted accessory
to a residential lot subject to the following restrictions:
(a)
Dogs. Not more than six adult dogs shall be kept as an accessory
to a residential use on any lot.
(b)
Accessory to any residential use on a lot not less than two
acres in size, properly confined and maintained:
[1]
Two horses or two goats or two sheep or two cows or two calves
or any mixture of the above up to two for the first two acres, with
one additional of any of the above animals for each additional acre.
[2]
Not more than 20 fowl, with permitted fowl being limited to
chickens, guinea fowl, geese, ducks, birds of prey, pigeons, or similar
fowl. Large birds/ratitae (including, but not limited to, ostriches
or emus) shall not be permitted outside of a district in which agricultural
uses are permitted under this chapter. Harboring of breeds of birds
such as pheasants or peafowl which are likely to create a nuisance,
is prohibited.
(2) It is prohibited to keep certain animals strictly as an accessory
to a residential use and not part of a bona fide agricultural operation
where the same is otherwise permitted by this chapter. These animals
include, but are not limited to, swine, peafowl of either sex, and
mink.
(3) Accessory structures such as noncommercial greenhouses are permitted
if a bona fide accessory to a residence, except that no blowers, heaters,
or mechanical equipment associated therewith shall be maintained less
than 100 feet from any property line.
Special requirements for conditional uses are specified in §
250-61.
Regulations pertaining to RP and RA Residential Districts only:
A. Principal permitted uses. The growing of crops and keeping of fowl
and livestock on lots meeting the bulk requirements set forth in the
Town of Mount Hope Schedule of District Regulations is permitted subject to the requirements set forth in §
250-20 of this chapter.
B. Accessory uses.
(1) On premises where the principal use is agriculture, the sale of agricultural
products grown on said premises may be conducted within a seasonal
roadside stand located on such premises. Such stand shall not exceed
one story in height, nor 1,000 square feet in floor area, and must
be located at least 50 feet from any street line.
(2) The outside storage of farm and earthmoving equipment is permitted,
provided such equipment is kept beyond the required minimum front,
side and rear yards and to the rear or side of a structure located
within 100 feet of a street line.
Lot area regulations pertaining to RP District only:
A. The minimum lot size for a principal or conditional use shall be
determined by the following formula, or shall be a minimum of the
area indicated for such use in the Minimum Lot Area column of Schedules
1 and 2, whichever is greater.
300 x A x B x C X D = square feet of lot area
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Where:
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A
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=
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average elevation in feet above sea level at mid-point of lot
as measured from high point to low point of elevation of lot
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B
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=
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slope factor (derived from the companion chart below)
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Slope factor: average slope (as measured perpendicular
to the contours from high point to low point of lot)
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0% to 15%:
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factor of 1
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>15% to 20%:
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factor of 2
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>20% to 25%:
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factor of 3
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>25% to 30%:
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factor of 4
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>30% to 35%:
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factor of 5
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>35% to 40%:
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factor of 6
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>40% to 45%:
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factor of 7
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>45% to 50%:
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factor of 8
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>50% and up: factor of 10
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C
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=
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deed restriction on limitation of external treatment of buildings
as described below is a factor of 0.5 (otherwise, use factor of 1):
limitation of coloration of roofing and siding materials to earth
colors (i.e., subdued brown, gray, green), and restrictions on use
of white, bright or pastel colors
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D
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=
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deed restriction on limitation of tree clearance to 15,000 square
feet is a factor of 1.0. Tree clearance in excess of 15,000 square
feet, use a factor of 2.
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Bulk area regulations for lots in the RA, SR, LB, and LB-2 Districts:
A. The maximum number of lots and minimum lot area for single-family
dwellings in the RA, SR, LB, and LB-2 Districts shall be determined
by the use of the following formulas, but, in any event, no lot shall
have less than the area indicated in the minimum lot area column of
Schedules 3, 4, 5 and 6.
B. The basis of the environmental control formula shall be determined by the classification of soil types into 15 soil groups; each soil group shall be assigned an environmental factor related to its ability to support sewage disposal systems. (See the following Soils Table.) These factors shall be applied to site acreage in each soil group to determine the maximum number of permitted lots and minimum permitted lot sizes as set forth in Subsections
D and
E.
Soils Table
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Soil Group Type
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Environmental Factor
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Minimum Lot Size (acres)
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I
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can, CnB, CnC, HoA, HoB, HoC, OkA, OkB, OtB, OtC, RhA, RhB,
RhC
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2.0
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0.5
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II
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AdA, AdB, UnB
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1.35
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0.75
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III
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ChB, ChC, PtB, PtC
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1.0
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1.0
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IV
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CgA, CgB, MdB, MdC, SwB, SwC, WuB, WuC
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0.71
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1.4
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V
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CoB, ScA, ScB
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0.067
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1.5
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VI
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BnB, BnC, CLC, SXC
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0.67
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1.5
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VII
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ErA, ErB, ESB, Fd, Ra, RbA, RbB
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0.33
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3.0*
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VIII
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ANC, FAC, HLC, LdB, LdC, RKC, ROC, RMC, RSB
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0.33
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3.0*
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IX
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Ab, AC, Ca, Ha, Ma, Sb
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0.17
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No Septic System Allowed
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X
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Be, My, Tg, Su, Uf, Wa, Wd
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0.1
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No Septic System Allowed
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XI
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CoC, UnC
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0.17
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5.8*
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XII
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AND, ANF, CLD, HLD, HoD, MdD, NaD, OtD, PtD, RhD, RKD, RMD,
ROD, RSD, SwD, SXD
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0.33
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No Septic System Allowed
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XIII
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CoD, OVE, MNE, RKF, ROF, RSF, SXF
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0.17
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No Septic System Allowed
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XIV
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Cd, Ce, Pa, Pb
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0.1
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No Septic System Allowed
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XV
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Cf, HH, water
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0.1
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No Septic System Allowed
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NOTES:
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*
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See Appendix A for a further explanation of these soil groups,
which Appendix A is hereby incorporated by reference.
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C. The environmental control formula shall be calculated as follows:
Soil Group Environmental
Factor
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X
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Total Acreage in Soil
Group
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=
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Environmental Acreage Quota or
Maximum Number if Lots Permitted
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D. Procedure for determining the maximum number of lots permitted shall
be as follows:
(1) Select soil types which are found on the site in question, and thereby
the soil group.
(2) Calculate the acreage in each soil group.
(3) Determine the environmental factor for each soil group, as listed in Subsection
B.
(4) Calculate each environmental acreage quota by multiplying each environmental
factor by the acreage in each soil group.
(5) Total the environmental acreage quotas. This shall be the maximum
number of lots permitted. Any fractional value shall be determined
to be equal to the next lowest whole number (i.e., if an environmental
acreage quota is equal to 2.61, the maximum permitted number of lots
is equal to two).
E. The procedure for determining the minimum lot size shall be as follows:
(1) Delineate the various soil types and soil groups on the subdivision
plat.
(2) The lot size shall be determined by establishing which soil type,
and thereby which soil group, the proposed septic system is proposed
to be placed on.
(a)
To obtain the various lot sizes, Subsection
B, Column 4, entitled "Minimum Lot Size," shall be applied (i.e., if the septic system is on a Group IV soil, the minimum lot size would be 1.4 acres).
(b)
If the proposed septic system is in two or more different soil
groups, the minimum lot size for the most restrictive soil group shall
be utilized.
(c)
As noted in Subsection
B and Appendix A, there are soils on which septic systems shall not be allowed.