Zoning Resolution Article 11

AGRICULTURAL/RURAL RESIDENTIAL SINGLE FAMILY (A/R-R)

 

11.0     Purpose

 

The following reasons are given in evidence to support the purposes for which this

zoning district is intended to accomplish:

 

1.  Land containing agricultural value should be preserved because it is a vital resource.

2.  Land with agricultural value justifies design requirements which attempt to support

      a town-country spatial relationship.

3.  Indiscriminate urbanizing of agricultural lands adversely affects the remaining owners of land

      pursuing agricultural endeavors by creating urban land values and character.

 

11.1     Principal Permitted Uses

 

In the Agricultural/Rural Residential District, no person shall hereafter use any land, building

or structure and no person shall erect any building or structure, except in accordance with the

following provisions:

 

1.  Agriculture uses on five acres or more. (Not including required one (1) acre for residence)

2.  Single family dwelling, both farm and non-farm related (minimum one acre lot - 43,560 sq. ft.).

3.  Accessory uses and buildings incidental to above principal uses.

4.  Publicly owned and operated libraries, parks and recreation facilities.

5.  Type B and family day care home.

6.  In all residential districts within the township, no person shall keep more than three dogs, cats

     or other non-agricultural family pets, except new born animals for a period of sixty days after

     birth.

7.  Public stables and riding academies of at least ten (10) acres in size.

 

Roadside Stands

 

 

1. Fifty percent of the revenue must come from produce raised on farms owned or operated by the

    market operator.

2. Any structure used to display goods shall be less than two hundred fifty (250) square feet in size.

3. Structure shall be set back at least fifty (50) feet from any side or rear property line.

4. Structure shall be set back at least twenty (20) feet from the street right-of-way.

5. All signs shall be attached to the structure and shall not exceed five (5) square feet in total area.

6. Off street parking must be provided to all employees and customers.

  

 

11.2     Conditionally Permitted Uses

 

The following uses may be permitted by the Township Board of Appeals subject to the granting of a conditional use permit pursuant to Article 9.

 

                 1.  Cemeteries and other facilities incidental thereto, subject to the following conditions:

                      A)  Any new cemetery shall be located on a site containing not less than (20) twenty  acres.

                      B)  All buildings, including but not limited to mausoleums and maintenance buildings, shall

                           not be located within one hundred (100) feet of any property line.

                      C)  All graves or burial lots shall be set back not less than fifty (50) feet

                             from any property line.  

                           

                 2.  Nursery Schools, Day Care Nurseries and Child Care Centers, subject to the

                      following conditions:

                      A)  For each child cared for, there shall be provided and maintained a minimum of one

                             hundred fifty (150) square feet outdoor play area. Such play space shall have a total

                              minimum area of not less than five thousand (5000) square feet and shall be screened from

                             any adjoining lot in any residential district

                      B)   Said use shall not be permitted in the interior of any residential block and shall have

                             minimum side and rear years of one hundred (100) feet.

                           

                 3.  Churches and other facilities normally incidental thereto, subject to the following conditions:

                      A)  The lot area shall be adequate to accommodate the required off-street

                             parking requirements of the church, as specified in Article 24, Required Parking

                      B)  The church building and parking lot shall be set back from any adjacent

                            residential property lines a minimum of fifty (50) feet.

                      C)  Parking shall not be permitted within fifty (50) feet of any side or rear

                            property line where feasible.  (Effective 9/19/09)

                      D)  A cemetery could be an accessory use in conjunction with a church, but must meet the

                          standards of Article 11.3 section 1.

                           

                    4.  Private recreational areas and institutional or community recreation centers, subject to

                          provisions of Article 9.

 

                   5.  Golf courses and driving ranges, subject to the following conditions:

                        A)  All buildings and structures shall be at least thirty (30) feet from all property lines.

                        B)  A minimum of two (2) off-street parking spaces shall be provided for each driving tee and

                               putting green in conjunction with the range.        

                        C)  All drives and parking areas shall be surfaced with a hard, durable materials and properly

                               drained.

                         D)  All lights shall be directed away from site boundary lines.

                         E)  Fences, plantings or sufficient area shall be provided to ensure the

                               the safety and protection of persons on all adjacent land.

                          F)  One non-flashing sign, not to exceed sixty (60) square feet in area,

                                may be provided at the major entrance.

                          G)  All driving directions shall be away from any street or highway.

 

                    6.  Type A Family Day Care Home, subject to the following conditions:

                         A)  Outdoor playgrounds, tot lots, exercise areas, etc. shall be fully enclosed by a

                               fence, refer to Article 22.11.

                          B)  The applicant shall submit a parking and traffic circulation plan to the Board of

                                Zoning Appeals for approval.  The design, location and surface of the parking areas

                                and vehicular approaches shall be subject to approval by the Board of Zoning Appeals so

                                as to reduce congestion,  promote safety and reduce the impact on the resident character

                                of the neighborhood.  The outgoing vehicles during high volume periods shall

                                 provide a safe drop-off point for children that not impeded other traffic.

                           C)   One sign, not exceeding four (4) square feet in area and mounted

                                  flush against the building, shall be permitted.

 

                7.  Bed and Breakfast Homestays, subject to the following conditions:

                      A)   A bed and breakfast homestay may have up to three guest rooms and be a  private

                           owner-occupied residence.  The bed and breakfast homestay must be

                           subordinate and incidental to the main residential use of the building.

                     B)   No modifications to the external appearance of the building (except fire escapes)

                           which would alter its residential character, shall be permitted.

                     C)   All floors above grade shall have direct means of escape to the ground level.

                     D)   One off-street parking space shall be provided for each room available

                            for rent, in addition to those required for the dwelling unit.

                     E)   All parking areas shall be set back a minimum of twenty-five (25) feet

                            from the property lines.

                     F)   One sign shall be permitted not exceeding two (2) square feet in area

                         and three and one-half (31/2) feet above ground.

                     G)  Length of stay shall not exceed fourteen (14) days.

 

                8.  Home Occupations and Home Offices , subject to the following conditions:

 

                    A)   No person other than members of a family residing on the premises

                           shall be engaged  in such occupation or home office.

                    B)   The use of the dwelling unit for home occupations or home offices shall be clearly

                          incidental and subordinate to use for residential purposes by its occupants and not

                          more than twenty-five (25%) percent of the residential floor area of the dwelling unit

                          shall be used in the conducting of the home occupation or home office.

                    C)   There shall be no change in the outside appearance of the building or premises, or other

                         visible evidence of the conduct of such home occupation  or home office other than one

                         sign, not exceeding two (2) square feet in area, non-illuminated.

                    D)  Home offices will only be for family practicing any of the professions, including accountant,

                         architect, artist, engineer, lawyer, physician, real estate, insurance, financial planner and

                          stockbroker.

                   E)  If the home is in any residential zoning district, no traffic shall be generated by such home

                         occupation or home office in greater volumes than would normally be expected in a

                         residential neighborhood and any need for parking generated by the conduct of  such home

                         occupation or home office shall be met off the street and other than in a required front yard.

                    F)   No equipment or process shall be used in such home occupation or  home office

                         which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to

                         the normal senses of the lot,  if or office is conducted in a single-family residence.

 

               9.  Funeral Home

                     A)   The building shall be designed so as to conform with the architectural

                              character of the neighborhood.  (Effective 9/19/09)

  

                       B)   The applicant shall submit a parking and traffic circulation plan to the Board of

                              Zoning Appeals for approval.  The design, location and surface of the parking areas

                              and vehicular approaches shall be subject to approval by the Board of Zoning

                              Appeals so as to reduce congestion, promote safety and reduce the impact on the

                              character of the neighborhood.  The plan shall provide the separation of incoming

                              and outgoing vehicles during high volume periods and shall provide a safe drop-off

                              point for visitors that will not impede other traffic.

 

               10.  Home Sale of Antiques, Ceramic and Woodcrafts.

            11.  Airports, airfields, runways, hangars, beacons and other facilities involved with

                      aircraft operations.

 

                           A)  The area shall be sufficient to meet the Federal Aviation Administration requirements 

                                for the class of airport proposed.

                            B)  There is no existing obstruction such as towers, chimneys  other tall structures, or

                                 which would fall within the approach zone to any of the proposed airport runways or

                                  landing strips.

                           C)  There is sufficient distance between the end of each usable landing strip and the

                                  boundary to satisfy the requirements of the Federal Aviation Administration, or any

                                  other appropriate authority. In cases where air rights or easements have been acquired

                                   from the owners of abutting properties, in which approach zones fall, satisfactory

                                   evidence thereof shall be submitted with the application.

                            D)  Any buildings, hangars or other structures shall be at least 100 feet from any

                                   street or lot line.

                             E)  Off-street parking as required in a commercial district Article 24 section 24.9.

                             F)  The application for authorization of an airport shall be accompanied by a plan, drawn

                                   to scale, showing the proposed location of the airport; boundary  lines; dimensions;   

                                   names of the owners of abutting properties; proposed layout of the runways, landing

                                   strips or other areas, taxi strips, aprons, roads, parking areas, hangars, buildings and

                                   other structures, trees and overhead wires falling within the airport approach zone and

                                   less than 500 feet distance from the boundary lines of the airport, other pertinent data

                                   such as topography and grading plan, drainage, water and sewage, etc.

               

              12.  Private parks, country clubs, gun clubs, golf courses and golf driving ranges.

                             A)  All buildings and structures shall be at least thirty (30) feet from all property lines.

                             B)  All drives and parking areas shall be surfaced with a hard, durable material and

                                   properly drained.

                             C)  All lights shall be directed away from site boundary lines.

                             D)  Fences, plantings or sufficient area shall be provided to insure the safety and

                                   protection of persons on all adjacent land.

 

              13.  Publicly-owned and operated libraries, parks and recreation facilities.

                             A)  All permanent buildings shall be constructed and designed so as to conform

                                   with the setback and building design of existing uses in the district.

                             B)  Screening and plantings to buffer any structures other than buildings from

                                   adjacent residential uses are required.

 

             14.  Public, parochial or other private elementary, intermediate schools and/or high schools

                    offering courses in general education on sites of not less than ten (10) acres, subject to the

                     following:

                           A)  No school shall be located nearer than one hundred (100) feet to any adjacent

                                  residentially zoned property.

                            B)  Every school property shall be surrounded by a minimum of five (5) foot high

                                  chain link fencing along the side and rear property lines.

 

              15.  Colleges, universities and other institutions of higher learning, public and private, offering

                     courses in general technical or religious education, all subject to the following conditions:

                           A)  Any use permitted herein shall be developed only on sites of at least forty (40) acres in

                                  area and shall not be permitted on any portion of a recorded subdivision plat.

                            B)  No building or other use of land except landscaped passive areas shall be situated

                                  within one hundred (100) feet of any private residence not included as part of this site.

 

              16.  RV Trailer Parks or Campgrounds

                     RV Trailer Parks or Campgrounds shall comply with the requirements of the Ohio

                    Administrative Code, Chapter 3701 promulgated by the Ohio Public Health Council in

                    accordance with Chapter 3733 of the Ohio Revised Code and subject to the following:

 

                             A)  Travel trailer parks must be a minimum of ten (10) acres in size.

                             B)  Sewer, water, fuel, electrical and telephone installation and connections shall

                                   be done in accordance with plans approved by the appropriate agency or utility.

                                   Underground sewer, water and electrical connections must be supplied for each unit.

                             C)  All streets and roadways shall be hard-surfaced and parking shall be prohibited on all

                                   streets and roadways.  Main roadways will be a minimum of twenty-four (24) feet in

                                   width.

                             D)  Outdoor areas used for display shall be provided within a permanent, durable, dust-

                                   less surface and shall be graded and drained as to dispose of all surface water

                                   accumulated within the area in accordance with the specifications of the Erie County

                                   Engineer’s Storm Water Management Rules, Regulations and Erosion Control.

                             E)  No trailer lot shall have direct access to a public thoroughfare.

                             F)  No business of any kind shall be conducted in any trailer.

                             G)  All repairs shall be conducted within a wholly enclosed building.

                             H)  Fence and/or greenbelts may be required by the Board of Zoning Appeals.

                             I)  All exterior lighting shall be sufficient to provide security and discourage

                                  vandalism in the adjacent residential districts.

                             J)  All signs shall  conform to the sign regulations as stated in Article 25.

                             K) The Township Board of Zoning Appeals shall approve the plans for any travel trailer

                                  park prior to issuance of a zoning certificate.

 

               17.  Cellular Telephone Communications Service

 

                     Telecommunications towers shall be a conditionally permitted use in this district and subject

                     to the following conditions provided they are evoked in accordance with R.C. 519.211(B).

                     The Board of Zoning Appeals shall determine upon application and hearing that in  addition

                     to the conditions which are applied generally to conditionally permitted uses that all of the

                     following provisions have been met.

 

                            A)  The base of such tower shall be surrounded by a fence eight (8) feet in

                                   height with a locked gate and located as close as is practical to the tower.

                             B)  The base of said tower and any accessory buildings shall be inside of the fence and

                                   shielded by a greenbelt of living plant material well maintained and replanted as 

                                   necessary in order to provide year around obstruction from the public view.

                             C)  No lights shall be permitted on the tower except those specifically required by

                                    state or federal law or regulations.

                             D)  The site shall be a minimum of the height of the tower from the nearest parcel of land

                                    used for residential  purposes.

                              E)  The minimum setback line between the base of the tower and all adjacent properties

                                   shall be the height of the tower.

                             F)  Underground wiring shall be required.

                             G)  No employees shall be permitted at the tower site on a regular basis.

                             H)  If the tower is abandoned, it shall be removed within ninety (90) days of its

                                    last date of operation.

                              I)  Appropriate building and electrical permits will be obtained and all construction

                                   shall be in accordance with the appropriate building and electrical codes.

                              J)  The applicant shall demonstrate that all intrusive alternatives and locations,

                                   including leasing space, on the existing towers are not feasible for its operation.

 

11.3     Farm Dwellings Not Considered Incidental to Agriculture

 

A structure used only as a dwelling and any accessory structures accessory to that dwelling are not considered incidental to an agricultural use of land. All permitted dwellings and accessory

structures shall be subject to zoning permits and all other regulations of the Zoning Resolution.

 

11.4     Agricultural Uses Regulated (O.R.C. 519.21)

 

In all zoning districts containing any platted subdivision or in any area consisting of fifteen or

more lots that are contiguous to one another and adjacent to one side of a dedicated public 

road, and the balance of which are contiguous to one another and adjacent to the opposite side

of the same public road:

 

                 1.  On lots greater than one acre, but not greater than five acres, buildings and structures

                      incidental to the use of land to agricultural purposes shall meet the requirements of AGR;

                      all agricultural buildings and structures shall be located in the rear of any dwelling, shall not

                      be located in any required side yard; and shall not be located within one-hundred (100) feet of

                      any property line.

                 2.  On lots of  five acres or less, but greater than one acre, if at least thirty-five percent of the lots

                      in the subdivision are developed with at least one building, structure, or improvement that is

                      subject to real property tax or the tax on manufactured homes; dairying animals, and poultry

                      husbandry is limited as follows:

 

                        A.  Not more than two of the following may be raised or kept on lots of  at least four acres:

                             cow, buffalo, camel, llama, horse, goat, sheep, emu, ostriches or swine. One of these

                             animals shall not be kept on lots of less than three acres.

                         B.  For the purpose of this section, “fowl” shall mean chickens, geese, ducks, turkeys,

                               pheasants or pigeons.   Fowl shall not be kept on lots of less than five (5) acres and

                               shall be caged in such a way that neighbors shall not be disturbed.

                         C.  Colonies of bees shall not be located on lots of less than twenty thousand (20,000) square

                               feet. A minimum of one thousand (1,000) square feet shall be required for each additional

                               colony. Bee colonies shall not be located within one hundred (100) feet of any property

                              line or within fifty (50) feet of a dwelling.

                         D.  Dog kennels shall not be located on lots of less than five (5) acres and shall be licensed

                               by the Erie County Dog Warden.   Kennels shall not be located within one hundred 

                                twenty-five (125)  feet of any property line.  Noise buffers shall conform to the regulations

                                set forth in Fencing Walls and Protective Barriers in this resolution.

                          E.  The keeping of fur bearing animals, including but not limited to, mink, chinchillas,

                                rabbits, foxes and the like; the raising of laboratory animals, such as mice, rats, monkeys,

                                and the like; other exotic animals or reptiles shall not be permitted.

                          F.   All animals and fowl shall be housed and fenced or caged so they cannot run at large.  All

                                food supplies shall be kept in rodent proof containers.

                          G.  All health and sanitation requirements of the State of Ohio and Erie County shall be

                                followed.

 

11.5     Agricultural Uses Which Become Non-Conforming

 

            On lots of five acres or less; after thirty-five percent of the lots are developed, existing dairying,

               animal and poultry husbandry shall be considered a non-conforming use of land, buildings and

               structures.

 

11.6     Development Standards

                a.     Minimum Area:  1 acre (43,560 sq. ft.).

                b.     Minimum Frontage:  125 feet.

                c.     Minimum Front Yard Setback:  50 feet.

                d.     Minimum Side Yard Setback:  10 feet.

                e.     Minimum Rear Yard Setback:  25 feet.

                f.     Minimum Floor Area:  1000 sq. feet for one story; 1200 sq feet for two stories.

                g.     Maximum Height:  35 feet.

                h.     Minimum Setback for Corner Lots:  One-half the required front yard setback.

                i.      Setback on Cul-de-sacs:  Refer to Section 22.20.

 

11.7       Required Parking

 

As specified in Article 24.

 

11.8       Signs

 

As specified in Article 25.

 

11.9       Supplementary District Regulations

 

As specified in Article 22.

 

11.10    Special Regulations

 

As specified in Article 23.

  

11.11    Accessory Structures

 

1.     Where the accessory structure is attached to a main building, it shall be subject to and must conform

        to all regulations of this resolution applicable to the main building.

2.     Except as otherwise provided herein, no accessory building or structure, or use shall be erected or

        carried on in the required front yard.

3.     A detached private garage, or other accessory structure may be erected and used in the interior side or

        rear yard provided that:

         a.     When such accessory structure is located in the rear yard, a minimum side and  rear

                 yard setback of ten(10) feet shall be maintained, unless the structure is 1,500

                 square feet or greater, then the minimum side yard and rear yard setback shall be 

                 twenty (20) feet.  

         b.     In no case shall an accessory structure be located closer than twenty (20) feet to 

                  street or alley. 

4.     An accessory building shall be a minimum distance of ten (10) feet from any main building.

 

5.     No accessory structure shall be used for human habitation.

 

6.     No accessory structure shall be used for commercial or industrial purposes.

 

 7.     Accessory structures shall not cover more than thirty-five (35) percent of the required rear

          yard.

 

8.     Accessory structures must be subordinate in area to the principal use.

 

9.     The maximum height of any accessory structure shall be twenty (20) feet.

 

Private swimming pools, refer to Section 23.5.

 

Effective 9/19/09