Highlights of Adopted Changes to the Zoning Ordinance

Adopted Adopted December 5, 2006: (Note: see text for full details.)

A. Lot Yield

AR-1: One lot per 20 acres (Base Density)
One lot per 10 acres (Principal/Subordinate Subdivision Option)
One lot per 5 acres (Cluster Subdivision Option)
AR-2: One lot per 40 acres (Base Density)
One lot per 20 acres (Principal/Subordinate Subdivision Option)
One lot per 15 acres (Cluster Subdivision Option)

B. Subdivision Options

(1) Base Density Development option, a relatively simple method of subdivision. The submission materials required to subdivide the property are minimal and include verification that the minimum lot size can be met and that the parcels have acceptable access.

(a) AR-1

(i) Lot Yield: One lot per 20 acres
(ii) Minimum Lot Size: 20 acres
(iii) Minimum Acreage Required to Divide: 40 acres

(b) AR-2

(i) Lot Yield: One lot per 40 acres
(ii) Minimum Lot Size: 40 acres
(iii) Minimum Acreage Required to Divide: 80 acres

(2) Principal/Subordinate subdivision option includes a process to enable a property owner to "spin-off" a lot or lots at any time. As many lots may be subdivided at a time up to the total lot yield established for the property at time of first subdivision. Individual water and wastewater systems to be located on the lot served.
- (a) AR-1
  
  (i) Lot Yield: One lot per 10 acres
  (ii) Minimum Acreage Required to Subdivide: 20 acres
  (ii) Minimum Lot Size: 80,000 square feet (approximately 2 acres)
  (iii) At least one lot of a minimum of 15 acres
- (b) AR-2
  
  (i) Lot Yield: One lot per 20 acres
  (ii) Minimum Acreage Required to Subdivide: 40 acres
  (iii) Minimum Lot Size: 80,000 square feet (approximately 2 acres)
  (iv) At least one lot of a minimum of 25 acres
(3) Cluster subdivision option requires all lots to be subdivided at one time.
- (a) AR-1
  
  (i) Lot Yield: One lot per 5 acres
  (ii) Minimum Acreage Required to Subdivide: 20 acres
  (iii) Minimum Cluster Lot Size: 40,000 sq. ft. with on site water and wastewater
  20,000 sq. ft. with on site water and off-site wastewater
  no minimum with off site water and wastewater
  (iv) Maximum Cluster Lot Size: 4 acres
  (v) One Rural Economy Lot: 15 acres minimum
- (b) AR-2
  
  (i) Lot Yield: One lot per 15 acres
  (ii) Minimum Acreage Required to Subdivide: 40 acres
  (iii) Minimum Cluster Lot Size: 40,000 sq. ft. with on site water and wastewater;
  20,000 sq. ft. with on site water and off-site wastewater
  no minimum with off site water and wastewater
  (iv) Maximum Cluster Lot Size: 4 acres minimum
  (v) One Rural Economy Lot: 25 acres minimum

C. Open Space

Although not required to be located within an open space easement, a minimum of 70% of the land in the cluster subdivision in the AR-1, AR-2 districts must be in rural economy lot(s) or a combination of rural economy lot(s) and common open space.

D. Rural Economy Lot/Large Lot

At least one lot under the Principal/Subordinate and Cluster subdivision options must be a minimum of 15 acres in the AR-1 district and 25 acres in the AR-2.

E. Section 5-500: Temporary Uses/Permits

Provisions to: allow construction and sales trailers to be erected after preliminary subdivision rather than after record plat; provide for the extension of a permit for a temporary dwelling; permit sales and leasing in a model home; and includes provisions for model homes. Sections deleted concerning applicability and exempt activities, ten special events may be held 14 days apart, a private party held at a Banquet/Event Facility is not a "special event."

F. Section 5-600: Additional Regulations for Specific Uses

(a) Section 5-600 amended to allow modification of the Additional Regulations of Section 5-600 by minor special exception rather than a full special exception.
(b) Amended the AR district standards to clarify that, when two or more uses are established on a parcel and those uses are subject to performance standards contained in Section 5-600, the minimum lot size shall be the larger of the two or more use requirements, and not the sum of all of the minimum lot sizes
(c) 5-601 Bed and Breakfasts and Rural Guest Establishments. Eliminating the distinction between “Bed and Breakfast Homestay” and “Bed and Breakfast Inn” and substitute "Bed and Breakfast." In AR-1 and AR-2 permit Bed and Breakfast by right for rooms only. In AR-1 and AR-2 permit Country Inn by right for rooms only. If a Banquet Facility is to be a component of the use, or a restaurant is to be included with the Country Inn, it is permitted by Minor Special Exception and must meet the requirements of a Banquet Facility. Permit Rural Retreat and Rural Resort by Minor Special Exception. Weddings, receptions, private parties, meetings and similar activities may be held with the maximum number of attendees based on the maximum sleeping capacity of the facility. Gatherings in excess of the sleeping capacity of the facility may be held up to 10 times per calendar year, 14 days apart without minor special exception.
(d) 5-614 Small Business. Provisions deleted requiring a small business to be located at the owner’s principal place of residence.

G. Accessory Dwellings

Tenant Dwellings, Guest House, & Caretakers Quarters deleted from the AR use list and combined into one use “Accessory Dwelling Units.” The number of Accessory Dwelling Units permitted is based on the size of the parcel and may be the lessor of 70% of the principal dwelling or 2,500 sq. ft.

H. Accessory Building Definition (Article 8)

The size of Accessory Buildings increased from 1,200 sq. ft. to 2,500 sq. ft. on less than 5 acres, 5,000 sq. ft. on less than 10 acres, 7,500 sq. feet on less than 20 acres, and 10,000 sq. ft. on greater than 20 acres.

I. Deletion of References to Conservation Design, River and Stream Corridor Overlay District and Limestone Overlay District and Reaffirmation of Floodplain Overlay District and Mountainside Overlay Development District

In order to be responsive to the Court’s direction regarding the environmental overlay districts, the references to conservation design, the Limestone Overlay District (LOD), and the River and Stream Corridor Overlay District (RSCOD) were deleted. The Floodplain Overlay District and Mountainside Overlay Development Districts as they existed prior to January 6, 2003 were readopted and reenacted.

J. Country Club

New standards have been developed for a Country Club use and are found in Section 5-660.