ARTICLE 13: A 2 AGRICULTURAL TRANSITIONAL DISTRICT

 

 

The intent of this district is to recognize the transition between agricultural uses of land and communities; to encourage the continued use of that land which is suitable for agriculture, but limit the land uses that may be a detriment to the efficient pursuit of agricultural production.

 

Section 1. Permitted Principal Uses.

 

The following principal uses are permitted in the A-2 Agricultural - Transitional District:

 

1.1             Agriculture, farming, dairy farming, livestock and poultry raising, and all uses commonly classed as agricultural, with no restrictions as to operation of such vehicles or machinery as are customarily incidental to such uses, and with no restrictions as to the sale or marketing of products raised on the premises; provided that the operation is no more than seven hundred fifty (750) animal units and, that any building, structure or yard for the raising, confinement, housing or sale of livestock or poultry shall be located at least one thousand three hundred twenty (1,320) feet from a neighbors dwelling, and further provided, that there shall be no feeding, spreading, accumulation or disposal of garbage, rubbish or offal on any open surface of the land.

 

1.2             Churches and publicly owned and operated community buildings, public museums, public libraries.

 

1.3             Single-family dwellings, provided the intensity of use and all other requirements of this district are met. In no case are single-family dwellings permitted on tracts without frontage on and access to an improved road.

 

1.4             Fish hatcheries, apiaries, aviaries.

 

1.5             Forests and wildlife reservations, or similar conservation projects.

 

1.6             Fur farming for the raising of fur bearing animals.

 

1.7             Golf courses and clubhouses customarily accessory thereto, except miniature golf, driving ranges and other similar activities operated as a business.

 

1.8             Hospitals, sanitariums, homes for the aged and feeble minded.

 

1.9             Private Kennels, on tracts over two (2) acres in area, provided the buildings and pens shall be located at least one hundred (100) feet from the property line and three hundred (300) feet from any neighboring residence.

 

1.10          Mushroom barns and caves.

 

1.11          Nurseries, greenhouses and truck gardens.

 

1.12          Philanthropic or eleemosynary institutions and penal institutions.

 

1.13          Picnic groves.

1.14          Publicly owned parks and playgrounds, including public recreation or service building within such parks, public administrative building, police and fire stations, and public utility buildings and structures.

 

1.15          Public schools, elementary and high, and private schools with curriculum equivalent to that of a public elementary or high school, and institutions of higher learning, including stadiums and dormitories in conjunction, if located on the campus.

 

1.16          Railroad rights-of-way not including railroad yards.

 

1.17          Riding stables and riding tracks.

 

1.18          Cemeteries and mortuaries.

 

1.13          Home Occupation: See Article 12: Section 3, Paragraph 2. Amended April 2001
Home occupation subject to the following.

 

A.              That such uses are located in the dwelling used by a person as his/her private residence.

 

B.               That no assistance other than a member of the family household is employed, and no window display or sign, either illuminated or more than two (2) square feet in area is used to advertise the same.

 

C. That no power other than electric and of not more than one-half horsepower is used in any one machine, and not more than one horsepower total is used in such home occupation.

 

1.20 Accessory Uses.

 

A. A hobby shop may be operated as an accessory use by the occupant of the premises purely for personal enjoyment, amusement or recreation; provided, that the articles produced or constructed are not sold for profit, and provided such use will not be obnoxious or offensive by reason of vibration, noise, odor, dust, smoke, fumes, or electrical interference.

 

Section 2. Conditional Uses

 

2.1 Airports and heliports.

 

2.2 Bed and breakfast residence subject to the following conditions in addition to those imposed by the Commission:

 

A.              The bed and breakfast residence shall be within a conforming single-family dwelling.

 

B.               Guest rooms shall be within the principal residential building only and not within an accessory building.

 

C.               Each room that is designated for guest occupancy must be provided with a smoke detector which is kept in good working order.

 

D.              Two (2) off-street parking spaces shall be provided for each dwelling unit plus one (1) off-street parking space for each sleeping room designated for guests. Such parking areas shall not be within the required front or side yards.

 

E. One (1) identification sign on not more than four (4) square feet of sign area shall be permitted.

 

2.3 Commercial kennels and facilities for the raising, breeding and boarding of dogs and other small animals, including exotic, non-farm and non-domestic animals.

 

2.4 Development of natural resources and the extraction of raw materials, such as rock, gravel, sand and soil, subject to the following conditions and subject to the approval of the Board of Commissioners after a hearing and recommendation of the Planning Commission:

 

A.              The application shall include a grading map showing existing contours, proposed excavation contours, and the proposed final grade contours.

 

B.               The application shall include a statement identifying the effect on the groundwater table of the adjoining properties.

 

C.               The application shall identify the location of proposed vehicle and equipment storage areas, erosion controls, including retention and sediment basins during extraction to prevent a change in the character runoff onto adjacent land.

 

D.              Topsoil shall be collected and stored for redistribution on the site at the termination of the operation.

 

E.               Excavation shall be conducted in such a way as not to constitute a hazard to any person, nor to the adjoining property. All cuts shall be returned to a slope of less than three to one (3-1) as soon as possible.

 

F.               Materials excavated shall not be stored within a designated floodway.

 

G. Within nine (9) months after the completion of extraction of any portion of the site, the topography and soils shall be restored and stabilized, and the land shall be graded, seeded, or sodded so as to prevent erosion and siltation, and to protect the health, safety, and general welfare of the public.

 

2.5 The application of manure by any livestock feeding operation (LFO as defined in these Regulations) from inside or outside the county shall require a Conditional Use Permit.

The application of manure in Stanton County by any livestock feeding operation (LFO as defined in these regulations) from outside the county shall require a Conditional Use Permit. The application of manure in Stanton County by any livestock feeding operation (LFO as defined in these regulations) from inside the county for land not included in a manure management plan will require a Conditional Use Permit. A One Time Application permit to apply manure from outside and inside the county may be written by the Zoning Administrator and all other regulations and conditions on manure application shall apply. One Time Application permit will have a $25.00 fee. Amended September 17, 2001.

 

2.6 Privately owned parks, playgrounds, golf courses, dude ranches, or other outdoor recreational areas such as campgrounds, youth camps, gun clubs, and archery, trap and skeet ranges. All uses requiring buildings or structures shall conform to the floodplain regulations. Added April 19, 2010

 

Section 3. Height, Area and Intensity Regulations.

 

In the A-2 Agricultural-Transitional District the height of buildings, the minimum dimensions of lots and yards, and the minimum lot area per family permitted on any lot, shall be as follows:

 

3.1 Building or structures shall not exceed thirty-five (35) feet, and shall not exceed two and one-half (22) stories in height.

 

3.2 There shall be a front yard of no less than fifty (50) feet.

 

3.3 There shall be a side yard on each side of a building not less than fifteen (15) feet.

 

3.4 There shall be a rear yard of no less than thirty-five (35) feet.

 

3.4 There shall be a rear yard of no less than thirty-five (35) feet.

 

3.5 The minimum width of a lot shall be one hundred (100) feet; provided, that where a lot in separate ownership at the time of adoption of these regulations, has less width than herein required, these regulations shall not prohibit the erection of a one-family dwelling provided that the side yards are not reduced more than 15% and all other requirements are met.

 

3.6 Every dwelling hereafter erected, constructed, reconstructed, moved or altered, shall provide a lot area of not less than two and one-half (22) five (5) acres per family. Amended January 2002

 

3.7 The minimum dwelling size shall be six hundred and fifty (650) square feet of living floor area.

 

3.8 Single family dwellings shall be at a density of one (1) dwelling per forty (40) acres except as herein exempted or on non-conforming lots of record.

 

 

Stanton County Zoning Regulations